THE TRANSACTIONS OF THE High Court of CHANCERY, Both by Practice and Precedent, With the Fees thereunto belonging, And all special Orders in Extraordinary Cases, which are to be found in the Registers Office as they are quoated by Terms Years & Books. Collected by that famous Lawyer WILLIAM TOTHILL Esq late one of the 6 Clerks. And since Reveiwed by Sir RO: HOLBORN, Bencher of Lincoln:- Inn. London Printed by T.W. for R. BEST and I. PLACE, and are to be sold at Grays. Inn-gate. 1649. The Table. Action's. Fol: 1 Act of Parliament. Fol: 2 Account. ibid. Admission. ibid. Advantage. Fol: 3 Advowson. ibid. Affidavit. ibid. Agreement. ibid. Alien. Fol: 6 Allowance. ibid. Annuities. ibid. Answers. Fol: 7 Arrearages. Fol: 13 Assignment. Fol: 14 Assurance. ibid. Attachments. ibid. Attorney. Fol: 15 Atornement. ibid. Award. Fol: 16 B. Bail. Fol: 17 Bargain. ibid. Barrister. Fol: 18 Bill. ibid. Bonds. Fol: 26 Brocage. Fol: 29 C. CArtle tythable. Fol: 29 Charitable Uses. ibid. Chose in action. Fol: 35 Colluder. ibid. Common. ibid. Commissions. Fol: 37 Commissioners. Fol: 39 Commitment. Fol: 40 Contribution. Fol: 41 Contempt. ibid. Conveyance. ibid. Corpus cum causa. Fol: 44 Coppiehold. ibid. Costs. Fol: 46 Creditors. Fol: 47 Court Rolls. ibid. Covenant. ibid. Counsellors Clerk. Fol: 48 Customs. ibid. D. Damages. Fol: 51 Debt. Fol: 53 Deeds. ibid. Decree. Fol: 56 Defendant. Fol: 71 Demurrers. Fol: 72 Depositions. Fol: 77 Devise. ibid. Directions. Fol: 80 Dismissions. ibid. Disinherison. Fol: 81 Distringas. ibid. Distress. ibid. Divorce. ibid. Dower. Fol: 82 Duchy. ibid. E. ELegit. Fol: 82 Entail. ibid. Equity. Fol: 83 Estate. ibid. Exchange. Fol: 84 Examinations. Fol: 85 Exceptions. Fol: 86 Executors. ibid. Exemplification. Fol: 89 Extent. Fol: 90 Evidence. ibid. F. FEme Covert. Fol: 91 Feme Sole. Fol: 98 Fines. Fol: 99 Forgery. Fol: 103 Feoffees. ibid. Feoffement. Fol: 104 Forfeiture. ibid. G. GOods. Fol: 104 H. Heir. Fol: 105 Husband. Fol: 106 I INjunction. Fol: 107 Infant. ibid. Enclosures. Fol: 109 Intergatories. Fol: 112 Interest. ibid. Injunctions. ibid. Judgements. Fol: 115 Jointure. Fol: 116 Jurisdistion. Fol: 117 joint-tenancy. Fol: 118 Inveniory. ibid. L. LAnd. Fol: 119 Leases. Fol: 121 Leasset. Fol: 128 Legacy. Fol: 129 Legatee. Fol: 130 Lunatic. ibid. M. MArriage. Fol: 130 Mistake. Fol: 131 Mortgager. Fol: 132 Mortgagee. Fol: 132 Mortgage. Fol: 134 Movey. Fol: 135 N. NE exeat Regnum. Fol: 136 O. Oaths. Fol: 136 Orders. Fol: 137 Opinion. Fol: 141 Outlawed. Fol: 142 Outlawries. ibid. Offices. Fol: 143 P. Parson. Fol: 143 Pasture. ibid. parcel. Fol: 144 Pannage. Fol: 145 Plaintiff. ibid. Perpetuity. Fol: 146 Possibility Fol: 147 Possession. ibid. Plea. Fol: 148 Privilege. ibid. Partition. Fol: 155 Posse Comit. Fol: 156 Process. ibid. Perjury. ibid. Proceed. Fol: 157 Purchasers. ibid. Procedendo. Fol: 161 Promise. Fol: 162 Proof. Fol: 164 Q. QUare Impedit. Fol: 164 Quid juris clamat. Fol: 165 R. Recompense. Fol: 165 Reextent. ibid. Recognizance. Fol: 166 Recusant. ibid. Release. ibid. Relief. Fol: 167 Rent. Fol: 171 Reprise. Fol: 172 Rescous. ibid. Resolutions. Fol: 173 Restitution. ibid. Revocation. ibid. Review. ibid. Revivor. ibid. S. Salary. Fol: 174 Scire fac. ibid. Scriveners' case. Fol: 175 Sequestration. ibid. Solicitor. Fol: 177 Stanneries. ibid. Statute. ibid. Steward. Fol: 179 Suit. ibid. Superinduction. Fol: 130 Surrender. ibid. Sureties. ibid. Survivor. Fol: 182 Suspension. ibid. T. Tenant. Fol: 182 Testator. Fol: 184 Tithes. ibid. Trial. Fol: 185 Trust. Fol: 186 trusties. Fol: 187 Title. ibid. U. UNion. Fol: 188 Use. ibid. W. Wastes. Fol: 188 William. ibid. Witnesses. Fol: 189 Writings. Fol: 192 Finis Tabulae. The transactions of the high Court of Chancery, both by Practice and Precedent, etc. ACTIONS. Actions of trespass tried in a foreign County. DOmina Chandois contra Chandois, the Court ordered that an Action of Trespass shall be tried in any foreign County in July 37. Eliz. Reginae. Barlow contra Wogan, in 8. Jacdi. A. so. 186. The like between Tigh and Tigh, in Hillar .. 15. Jac. Regis. Page cont' Page, lively A. fo. 74. Eliz. 44. & 45. Barreston contra lively B. 40. Eliz. fo. 724. Mulcaster cont' Mulcaster, Pasch. 44. Eliz. Gregson contra Everard, in Trin. 21. Jac. Regis. Comes Bedford contra Russell, further part of the County, in 3. Car. Reg. Dominus Windsor contra Wright, in Pasch. 2. Car. Regis. Flood contra Tracie, in Mich. or Hill. 5. Car. I Isley contra Dom. Parham, in 32. Eliz. lively B. foe. 839. Circuity of action pleaded. Kirkham contra Saunders, Circuity of Action, the Defendant not prohibited to pled several Leases for defence of his title, in 34. Eliz. lively A. Ownen contra Lort, an Action of Travers ●yed in a foreign County, in 10. Car. Regis. Acts of Parliament. Act of Parliament. Bows contra Comitem Northumbrit, concerning the relation of an Act of Parliament. Account. Account. A Merchant's Account perfected whether within the Stat. etc. Lumley contra Garret, when Merchants and Cotraders' have made an Account, shall not be compelled here to make a new Account, 12. Car. Sands contra Bladwell, Merchants Accounts. Whether an Account perfected shall be within the compass of the Statute of lymitation of Account, 13. Car. Admission. Admission. A Lord to admit a Tenant. Lunsford contra Popham, a Lord to admit a Tenant, 23 Janu. 14. Jae. Newby contra Chamberlame, the Court compels a Lord to admit a Tenant, in Mich, or Hillar. 5. Carol. March cont. Gage eod ' to admit a Tenant. No advantage to be taken, notwithstanding the statute of limitation. Gravener contra Rake, the Court compels the Lord to admit a Tenant Copiholder to sue at law, without any forfeiture of his Copyhold. in Mich. 31. & 32. Eliz. fo. 21. Advantage. Comes Pembroke contra Hacket, no advantage to be taken at law, notwithstanding the Statute of limitation, 10. Car. Advowson. Magister Coll' Emanuell' contra Ewens, Advowson. concerning an Advowson which passed but by general words, Decreed in Equity, in Hill. 21. Jac. lively A. foe. 572. Affidavit. Hill contra tiler, Affidavit. upon a Certificate from the Mayor of a Town under the Common Seal, that an Affidavit was made before him for serving of Process, an Attachment was awarded, in 19 Eliz. fo. 63. lively A. Agreement. Agreement made before Commissioners Decreed. A draught of an Agreement before the Commissioners Decreed, notwithstanding the Defendant refused, Inter Pope & Mason, 11. & 12. Eliz. fo. 301. Smith contra Gouch, A man that marries the Executrix of one that makes an Agreement, shall be as fare bound, as he himself that made the Agreement. Trin. 40. Eliz. lively B. foe. 118. Agreement to convey lands in tail though imbezilled decreed. Bates contra Heard, there was agreement between the said Parties, that lands should be conveyed in tail, that the same being taken away, was confirmed by Decree to be performed according to the said Articles, in Maij 11. Jac. lively A. foe. 864. Throckmorton contra Dom. Throckmorton, Articles of Agreement decreed by the Judge's advice, in Novemb. 7. Jac. lively B. foe. 301. Wadbroke cont' Cheek, an Agreement for surrendering of a Copyhold (though made when the party was in Prison) upon Bonds for performance thereof, in 3. Car. Foster cont' Eltonhead, an Agreement decreed, & Beuther cont' Denton. 25. Eliz. Kinnersley contra Waller, concerning examination of some parties to a Joint stock, after an Agreement made by some other parties, 3. Car. Erby cont' Evans, concerning a promise or bore Agreement in Mich. or Hillar. 5. Car. Penniston cont' Com' Down, concerning Articles of agreement, and would avoid an Estate upon pretence of no delivery, Decreed in Mich. or Hillar. 5. Car. Pollington cont' Pollington, about 6. Car. Owen cont' Deane, the Defendant got an assurance of Lands of one in Remainder of an Estate by Fine, contrary to an Agreement made to him that had the Remainder, and the Plaintiff decreed notwithstanding that the Defendant should reassure it to the Plaintiff in Nou. 4. Jac. Agreement for a Custom, binds a Purchaser If by threats otherwise. Spicer cont' Dockwray, an Agreement for a custom shall bind a Purchaser or Heir, 12. Car '. Plowden cont' Marsham, if Agreement be compelled by threats, it shall not bind, in Hillar. 3. Car '. look tenth of June 1602. the contrary between Lord and Tenant. Agreement or promise to pass lands of Inheritance. Moils Case cont' Horn and others, by reason two hundred pounds was deposited towards payment, decreed. Wilkinson cont' Deane, Mich. 2. Car. which afterwards passed away against the Buyer, because notice of Agreement. Fithing cont' Portman, 43. Eliz. Aubery count ' Concerning an agreement made by a Joyntenement, in 6. Car. lively B. Page cont' Bishop, concerning an Agreement in 8. Carol. Alien. An Alien cannot sue. Proud cont' Proud, a Demurrer because an Alien cannot sue, and because a Legacy given one in ventre sa mere, look the Judge's Certificate, in 14. Car. Allowance. Allowance to children where there is none by Will. Bright cont' Chapel, children allowed seven or eight pounds per centum for their Education, where there is no allowance by the Will, in 5. Car '. Fisher cont' Valence, the Defendant to allow damages for profits received, in Mich. 3. Carol. Dorrington cont' Skinner, in 8. Car. Charlish cont' I life, Eight pounds per centum look whether the Mortgage was before the Statute of 21. or since, it was for a Portion, Ju. 3. Car. fo. 268. Annuities. Annuity. Fage cont' Waller, A Lease devised to one, out of that, there is by Will Annuities given, one of the Annuities died, one other of them claims that Annuity by Administration, stration, Decreed against the Executors 20. Octob. 1631. Annuity devised out of lands good, etc. Baynham & Newland come Goche, an Annuity devised out of lands holden in Capite to charitable uses, holden good notwithstanding the statute of 44. Eliz. lively A. foe. 520. Jesus College case in court of Wards in 13. Jac. Gardianis de Eltham in June. 15. Jac. Aldsey cont' Place, a case made in Mich. 2. Car. Mayor de Reading cont' Lane, gift to poor, because no Corporation void, yet relieved in 42. Eliz. A. foe. 706. Annuity entailed thought not good. Pavier cont' Pavier, an Annuity granted, but because the lands are not chargeable at law, this Court will not in equity, but decreed to be paid in 14. Car. fo. 213. Wiard cont' Moss, an Annuity entailed thought not good, in Hill. 15. Car. Answers. Answers. Toy enforced at the suit of Kirke, to set down upon his Oath, whether his Lease was expired or not, 25. Eliz. The Defendant not enforced to answer to his own hurt. Mildmay was not enforced by Answer to the Bill of Cary and Cottington, to discover a Forfeiture to his own hurt, 32. & 33. Eliz. The plaintiff admitted to proofs, because the defendant being in prison would not answer. Persons of Corporation charged as private persons, answered upon Oath. Warr' cont' Societatem Feltmakers, in 20. or 21. Jac. Gown cont' Tailor, 38. & 39 Eliz. The Defendant being in Prison would not answer, therefore the Plaintiff was admitted to proceed to proofs. Becket cont' Waller, 28 Novemb. 40. Eliz. The Defendant being in Prison, and not in the Fleet, would not make a better Answer, though two Subpena's were served My Lord Keeper said, Let that be deposed, and he should be shut up close Prisoner in what Prison soever he was. Butt cont' Ward, the Defendant enforced to answer without his wife, 28. Eliz. Elizabeth Breneton cont' Hart, Mich. 1587. the like. Kirkham cont' Saunderson, Saunderson having two leases, was allowed to stand by Answer upon them both, and not restrained to one at his peril, Hillar. 35. Eliz. Burgony contra Machell, the Defendant divided his title by a Lease and Assignment, which was before his knowledge, and therefore pleaded that he heard say, that such a Lease and Assignment was made; The Master of the Rolls was of opinion, because it was another's Act, the Oath is, that he thinks it to be true; The Defendant might have pleaded directly, that they were made as he thinketh 37. Eliz. Rotheram cont' Saunders, the Defendant Answered, that he had no Evidencs belonging to the Plaintiff, that Answer was disallowed, because the Defendant therein will be his own Judge, whether they belonged to the Plaintiff or not. And therefore he was ordered to answer what he had, and to bring them to be viewed to whom they belonged. Pas. 37. Eliz. A man's own acts must be answered directly upon Oath, in the affirmative or negative, without Traverse. As Master Justice Beaumont held in the Case of Williams & Leighton: 38. Eliz. Stauden cont' Bullock, the Defendant, forced to set down to whom he assigned his Lease, because otherwise the Leassor would have no action of Waste, and to set down the names of the persons, whom he had caused to fallen trees, whereby the Leasor might have his action against them, 38. & 39 Eliz. Wilcox & Yates cont' Fisher, after Replication, a better Answer ordered, 38. & 39 Eliz. To Answer directly. Whether a Licence to assign a Lease were granted or not, being but three years past, the Defendant ordered by my Lord to answer directly, and not to his Remembrance. Oswald con' Pennant, 38. & 39 Eliz. Part of the Title omitted out of the Answer, and the Defendant would have put in a second Answer with the full title, and my Lord said not for all he is worth. Ward & Colmer. 1597. & 40. Eliz. and Dacres & Stanhop, eod. Harbert contra Morgan, 1597. the Defendant ordered to set down his Term certain. The Defendant could not answer certainly what consideration he had a Lease for twenty years past, and not confessed it directly, but my Lord said it was a crafty Answer, for he said directly that it was not upon trust, and it was of good value. Randall was Plaintiff in 1597. Willoughby contra Dom. Wharton, she appointed to answer upon Oath, and not upon her honour, and so they aught to be sworn as witnesses (as my Lord held) or else no Attaint lieth, if the Jury do not according to Evidences, 1597. Michael ' cont' Webb, 1. Novemb. 4. Eliz. The Defendant by Answer accuseth himself and fellow Defendant, and is believed against himself, but not against his Fellow. Whether a Joyntenant should be enforced by law to disclose a partition in the life of his Fellow. Best count ' _____ did, two Orders in 22. or 23. Eliz. Cromer cont' Penniston, in 39 & 40. Eliz. doubted. Infants to answer upon oath. Infants to answer upon Oath, and bound by Decree. Warberton contra Fanshaw. Mich. 39 Eliz. lively B. foe. 289. Infants to Answer by Guardian, come Dorset cont' Puckle, in Hillar. lively B. 683. 1361. Western contra Talpit, 12. Mai● 37. Eliz. lively B. foe. 106. Langley contra Mark, primo Eliz. lively B. fo. 71. Arch. cont' Collins, 6. Maii primo Eliz. foe. 113.121. Phillip's contra Owen-ap-Howell. 2. Eliz. lively A. foe. 121. Posthumus Hobbie cont' Smith, 18. Jac. 229. To answer upon Oath. rivel cont' come Salop, the Defendant to answer upon Oath, Mich. 10. Jac. Comes Pembroke cont' Wainman, an Infant of 12 years, but not upon Oath, 5. Jac. li, A. foe. 1051. To answer though excommunicated. Tichborne cont' Edmond, the Defendant to answer the Bill though excommunicatod 37. Eliz. lively A. foe. 376. Plumpton contra Belloes. To answer a Bill of perjury. Philip's cont' Benson, the Defendant ordered to answer a Bill of perjury, 19 Eliz. lively B. foe. 165. Wolley cont' Long, Pasch. 10. Jac. Answer voluntarily. Gargrave contra Gargrave, in 1597. the Defendant answered voluntarily. Jervace & Baxter, Trin. 22. Eliz. A Report in 39 Eliz. between Rumney and Wentworth. Trentham contra Kinnersley & Uxor, the Wives answer admitted without the Husbands, he pretending pleading Jurisdiction of Court, 4. Jac. lively B. foe. 90. 2. Defendants one answering and the other refusing shall be bound by the others answer. Ordered to answer though to his prejudice. Criminal causes to be answered unto. Matthew contra Matthew, two Defendants, one having answered, the other refused, but shall be bound by the others Answer, if the cause pass against them, 7. Jac. fo. 702. Chester contra Hicks, Hill ' 1633, to amend an Answer in the mistaking. Eland contra Cottington, ordered to Answer, though it be to his prejudice by Statute laws, in Trinit. or Mich. 4. Car. Wakeman contra Smith, although criminal Causes are not here to be tried directly for the punishing of them, yet incidently for so much as concerneth the Equity of the cause, they are to be answered. Sir Matthew Carews Report in 27. Eliz. Winn contra Swayne, a Commissioner, to Answer Bribery and Corruption, Trin. 6. Car. A Bishop to answer upon oath. Mayor Sarum contra Episc' Sarum, a Bishop to answer upon Oath, 8. Car. Eyre contra Wortley, one Defendants answer shall not prejudice the other Defendant, about 3: Car. Answer not to be amended after issue joined. Chettle contra Chettle, a rejoinder and a Commission, the Defendant to amend her Answer, but my Lord saith not to amend an answer after issue joined, Mich. 9 Car. Quere further what was determined. Exchequer man to answer. East contra Bettison, Pasch. 21. Eliz. lively A. fol. 176. an Exchequer man to answer. Menell contra Fenton, eod. fo. 231. Reader contra Ceble, after a Dedimus to answer, liberty to demur. 9 Car. lively B. foe. 333. Pridgeon contra Lamb, or Thornburst contra Lamb, 7. Car. Perry contra Gunter, in Pasch. 2. Car. lively A. foe. 546. A feme covert to answer. Acton contra Decanum Elye, the Defendant to answer as a Politic body, 9 Car. Quere whether upon Oath. Portman contra Popham, a Wife to answer without her Husband, he being beyond Sea in 11. Car. Arrearages. Arrearages. Saris contra Strudhay, the Plaintiff to have Arrearages before Attornment, 25. Eliz. Drury contra Drury, concerning how far a Joyntenant shall allow arerages before partition, 6. Car. Assignment. Assignment before a Commission of Bankrupt sued out good. Yardley contra Knight, a Debt' assigned before a Commission of Bankrupt sued out, good, 7. Car. Knight & Chambers contra Gregory, codem. Assurance. Assurance Kempe cont' Palmer, in 1594. further assurance not demanded within the time, yet in equity ordered to make further assurance afterwards. The Wife to make an Assurance. Inter Carrington & Uxor quer', & Humphrey Defendant. It is ordered, that the Defendant and his wife, shall make an absolute assurance for the extinguishment of her Right in the lands, in primo Edw. 6. fo. 306. & in lively C. foe. 3019. Beeston contra Langford, further assurance compelled 41. Eliz. lively B. foe. 222. Attachments. Attachment against Lords. An Attachment against the Lord Cromwell against Tavernor about 14. Eliz. The like against the Lord Dacres, 32. E. liz. lively A. fo. 65. An Attachment about June, 37. Eliz. against the Lord Barkley, at the motion of the Countess of Warr '. Attachment against the wife without the husband for not answering. Keys contra Macher, an Attachment against the Wife alone, and not the Husband, for that she would not answer the Bill, Mich. 4. Jac. Farmer contra Fox, because the Defendant maketh Oath, that he cannot answer without sight of Writings in the Country, and than puts in a Demurrer, therefore an Attachment is awarded against him, Pasch. 21. Eliz. Attachment against Infant. Savill contra Slingsby, an Attachment against an Infant, to make him to choose a Guardian, Hillar. 7. Car. Witham contra Robert, an Attachment awarded against the Plaintiff, for arresting the Defendant, upon an Attachment in the Court of Requests, against the Privilege of this Court, the Defendant being formerly a privileged man, and an Injunction to stay proceed there, 9 Car. Attorney. Might an Attorney, sued at Law upon an Action of the Case, for confessing an Action without Warrant for one Hargate, for whom he had been an Attorney, wherefore Might sought Relief in this Court, and could not have it, in 1595. Attornement. Attornment ordered. Huish & Blond & Fowler, 39 Eliz. Trin. & Pasch. 36. Eliz. lively A. foe. 19 Notwithstanding a Disseisin. Dannet cont' Blackall, an Attornment ordered notwithstanding a Disseisin, and it was for a Lease 11. Car. vel Jac. Pie cont' Bevill, the Defendant ordered to show Evidences, to direct what Tenants aught to Attorne, and to discover who is Tenant, 11. Car. Sands cont' Lewes; an Attornement ordered and arrearages and damages since Rent became due 11. Car. Viviun come Tresayer, notwithstanding no Attornment before Quid juris clamat, ordered to go to law directing a special trial in it, 14. Car. Award. An Award not to be decreed. D●i● contra Wood, Trinit. 24. Eliz. An Award made, the Defendant recovered money thereby, the Plaintiff would have had it Decreed, could not, because it was not made by any Warrant of this Court. An Award concerning a lease to be performed. Twin contra Twin, the Court ordereth an Award or agreement to be performed concerning a Lease and other things, 40. Eliz. l. B. foe. 463. Sands con' Carvil, in 9 Car. Award voluntary decreed. Car contra Heron, an Award decreed with the advice of the Lord chief Justice, in 22. & 23. El. lively A. foe. 596. Hall contra Hocks, in Nou. 38. & 39 Eliz. It is a voluntary Award. Award decreed no party to the Exchange bound. Godderick contra Swansell, an Award decreed by this Court, and a man bound, though no party to the Exchange, 9 Jac. lively B. foe. 1456. Bishop contra Bishop, a voluntary Award decreed, but some part being to bind Tenant in tail not to alien, the Court would not decree that, but gives relief against the Award, being to make a perpetuity, and a man not bound to Answer, as to 'cause him to be subject to the penalty of a Bond, and the Statute of lymitation (as this case stands) is overruled, Mich. 15. Car. Colt contra Smith, an Award made by Cordall and the Bishop forty years since, decreed against the successor for the manner of tithing, Mich. 21. Car. Bail. A Bail in this Court, or in the Civil law, is discharged upon bringing in the principal, as he may at the Common law. Archboll contra barrel, 23. & 24. Eliz. Bargain. Bargain for horses by doubling of Oats. Roger's contra Smith, the suit is touching two Horses, for which the Defendant was to pay by doubling an Oat. demurred because but an Action of the case, overruled in 15. Car. Fage contra Browne, concerning the For a Lute by the strings. buying of a Lute by the strings, in 1. or 2. Car. Barrister. Barrister being free of a Company. Swallow contra Man, a Barrister of the Temple, being free of a Company, and by his Will disposeth of profits of lands, how far shall it trench upon the Custom, Pasch. 15. Car. Bill. One which had a Covenant to deliver Evidences, exhibited his Bill, supposing certain Deeds to remain in the Covenanters hand, the opinion of the Court was, the Defendant needed not to answer, because he should thereby disclose cause of Forfeiture of the Bond. Wolgrave contra Coe, Mich. 1595.38. Eliz. A Bill to examine Witnesses in perpetual memory touching common not thought fit but a Bill upon the title, and to examine Witnesses and publication thereupon, and than to go to law. Throckmorton contra Griffin, 38. & 39 Eliz. The Father complaineth for a Lease which is in the son to the Father's use. Pomeroy contra Ford, Pasch 1597. A Bill upon a penal Statute, claiming one half to the Queen, and another to the party, disallowed by my Lord's opinion. Coward & West, Trin, 39 Eliz. thought not mentioned in the Order .. Bill taken of the file and new put on. Clifford contra Adams. 11. & 12. Eliz. lively A. foe. 294. the Plaintiff having put in his Bill being misconceived, notwithstanding Answers put in, and proceed had thereupon, was taken of the File and new put in. Old and new proofs read upon a new bill. Stanley contra Young, Hillar. 1590. The Lord Chancellors opinion was, that the old and new proofs should be read upon a new Bill, to prove better matter. Bill for money won at dice. Cromer exhibited a Bill against Champney, to be relieved of a Bond made for money won at Dice, the Defendant would have been dismissed but ordered to answer it, 22 Maij. 38. Eliz. And the like case between Hubbard, and the Lord Compton, about 44. Eliz. Bill for Legacy dismissed. Piggot contra Parson, 44. Eliz. Because the ground of the Bill is for a Legacy, thought fit to be dismissed. Pennington contra Cook, a Bill to prevent Dower, being her Husband was passed memory at time of Marriage, but it was dismissed to law, 3. Jac. lively B. foe. 6. Hare cont' Hide, a Bill preferred against an Infant, and he ordered to Answer, Hill ' 3. Jac. & Pasch. Prox'. Scoble contra Holman, if the Plaintiffs Bill were exhibited before Judgement the Defendants proceed to stay, or else nor, 38. Eliz. fo. 79. No Bill of Revivor after Marriage. Vaux contra dowel. 39 Eliz. lib. B. foe. 132. no Bill of Revivor after Marriage. Dale contra Dale, the like. In 25. Eliz. Sloper contra Bacon. Creswell contra Luther, 19 & 20. Eliz. lively A. foe. 210. A Bill to found who is Tenant of land whereby to ground an Action. No Bill of Review admitted upon new matter, Lovegraie contra Webb, 3 Jac. 259. Mudget contra Davies, 15. Jac. lively B. Bill to be relieved upon an escape. Carnsew contra Coad, a Sheriff preferred his Bill, to have relief upon an Escape of one that was in execution, Mich. 20. Jac. lively B. foe. 306. Reynell contra Quintin, lively A. 7. Jac. fo. 933. contrary. Reynell contra Longcastle, Hillar. 19, Jac. Boll & Farrington, 10. Jac. lively B. foe. 178. A Bill in the nature of an Avowric for Rent. Caesar contra Cater, Pass '. 9 Car. A Bill in the nature of an avowry for Rent, and service, the Defendant ordered to set out a place, and stand upon right, or go to hearing. Bill to reverse a Decree at York. Askwith contra Turnor, Mich'. 1633. A Decree at York, a Bill preferred in this Court to reverse it, the matter was heard at large, not withstanding any pleading of the Defendant. Preston contra Proctar, 2 Car. Boucher contra Berwick Pasc. vel Trin. 10. Car. Bill a●yoluntary promise without preferment dismissed. Alexander contra Cresheld, A general and voluntary promise (and no consideration) of the son, to disengage and pay the Father's debts, where, no advancement by his Father, dismissed, 28 Octob. 7. Car. Bill to be tenant by courtesy. Cowley contra Anderson, 20 Jac. lively B. foe. 77. the Defendant conveyed land to the use of his Daughters, the Plaintiff married one, and had children by her who are dead, the plaintiff prefers his Bill to be Tenant by courtesy, but held not so, because the Daughters had Joint Estates, and so goes to the Survivor. Bill pretending more land pasted than was intended, yet no relief against the Purchasor. Clifford contra Laughton, the Plaintiff prefers a Bill in this Court against the Defendant, supposing that more lands passed than was intended, but because the Defendant was a Purchaser upon valuable consideration, would give no relief, 4 Jac. lively B. foe. 340. Bill for contribution to a Surety. King smill contra Etheridge, the Defendant sueth for contribution after Judgement, which was assigned for that purpose in June, 20. Jac. Newman contra Lloyd, a Demurrer overruled about 20. Jac. Hill Mil'. contra Penty, Walsh & al'. about 17. Jac. another in the Queen's time between Agar and Curson. Bill upon escape not relieved here. H●de contra Burges, upon a Bond 3, Car. A Bill preferred to be relieved upon point of escape, but dismissed. Brackin contra Dom. Perpoint, 25. November 21. Jac. Reynell contra Darling, 6 Octob. 19 Jac. Reynell contra Whiteing, 14. Maij. 19 Jac. Bill to found a tenant to ground an Action. Dom' Kempe contra Risbie, A Bill to found a Tenant to an Estate whereby to ground an Action of Dower, in Mich. 2 Car. For an Escape. Lello contra Lamplugh, concerning an Escape, Mich. 5. Car. Tenant pur altar vie prefers a Bill, or an Executor sues for land. Hemming contra Leigh, Tenant pur altar vie, exhibited a Bill, or an Executor sues for title of land, whether this shall hold in lively B. Car. 6. about two years after referred to Master Justice Jones. For Fees dismissed. Harding contra Tedwell, a Bill for Fees was dimissed, & Moor contra Rowe, 5. Car. Yelverten contra Rolfe, 6. Car. To set out boundaries. Tipping contra Chamberlain, a suit to set out Boundaries, Mich. 2. Car. 2. Bills the first in the Court of Requests, th' other here, the Defendant pleads the proceed there overruled For money won at dice, etc. Samuel contra Samuel. a Bill first preferred in the Court of Requests, and the same being mistaken there, prefers another Bill here, the Defendant pleads the proceeding in that Court, notwithstanding overruled, 9 Car. Sucklyn contra Morley, the Bill being to discover, what money the Defendant won at Dices or play of the Plaintiff, overruled, and an Injunction, to stay suit upon a Bond entered into for the money, 11. Car. To assist a Covenant Dayrell contra Pollard, a Bill to assist a Covenant, 11. Car. In perpetual memory. Potts contra Scarborough, the Bill being to examine. Witnesses in perpetual memory concerning common retained, 11. Car. dismissed upon answer. Walker contra Lipscombe, for that the Plaintiff showeth by his Bill, that he hath no Witnesses to prove the same, and the Defendant denied upon Oath, therefore dismissed, Mich. 12. Car. lively B. Read contra Gilbert, a Demurrer put into a Bill for Fees for soliciting to discharge a Tenure done accordingly yet Demurrer to stand. 12. Car. A Bill for a way. Savill contra Timperley, a Bill to be relieyed for a way which hath been abolished, a Commission to set it out in 8. Jac. fo. 855. Rembolt contra james in Mich. 15. Car. Upon a promise to aslure lands of Inheritance dismissed. Miller contra Blandist, to be relieved concerning a promise to assure land of Inheritance, but because there was no execution thereof, but only fifty five shillings paid in hand, dismissed in 30. Jac. lively B. foe. 234. Town contra Traherne, a Bill preferred here to stay a suit, brought upon false Imprisonment, in 10. Jac. lib. A. fo, 477. Arundel contra Drew, A Bill entered into to procure a Marriage, canceled. A Case between Cov●nors and Comes Suff. 10. Jac. Ireland contra Jefferey. Delabarr contra Cox, the Bill to be relieved upon Articles of Agreement, but (because the bargain at Dice) would not decree it, in Mich. 14. Car. Price contra Palmer, A suit to reverse a Decree made against a Wife, she consenting to a Feme Coverts Answer, shall nor bind, in M●ch. 9 Car. To perform a Will. Hire contra Wardall, the Bill is to have a man's Will performed 9 July, 4. Car. Aprice contra Aprice, a Bill preferred for a personal Estate because he makes an Estate title or Interest to himself, dismissed in M●ch. 13. Car. Gerrard contra Deering, because a Prohibition to stay suit in the Court of Requests prefers a Bill, and desires Depositions in that Court to be used, Pasch. 1. Car. To dissolve a Contract of Marriage. Bateman contra Wells, a Bill to dissolve a Contract of Matriage, and to have Bond up, because the woman denies to have him, Hillar. 8. Car. How far a man must Answer. Cotton contra Foster, the Plaintiff prefers his Bill to have the Defendant answer, whether the Contract was to receive more moneys for Interest than warranted, Demurred unto, but overruled, and if found that the Defendant lent it without consideration, than to take the forfeiture in 25. Eliz. fo. 15. Walsh contra Martial, a Bill upon a Recognizance, the Defendant pleads the Statute of Usuric, and the same is insufficient, Ordered to put in such a Plea as he will stand unto, 25. Eliz. lively B. foe. 28. Upon an Action of the case after a trial referred again thither, but reserving equity. Mallery contra Vintner, a Bill to be relieved upon an Action of the case upon an Account, after a Verdict, Judgement, and Execution at Law, referred again to law, because a Verdict passed upon the Oath of one Vintner, who was thought not to have dealt fa●●ly at the trial, and after, the cause referred to this Court for Equity, Hill. 15. Car. Of the nature of conformity. Muffet contra Crackplace, the Defendant and two more, ordered to conform themselves to an agreement of other Creditors. 11. jac. lively A. foe. 104. Many Plaintiffs in one Bill for several causes, and much disliked. Bristol and Parker in 1590. Bonds. Bonds ancient to be canceled. Garford contra Humble, Ancient Bonds put in suit, ordered to be canceled, about Mich. 16. Jac. 169. Monson contra Bettison. simile in 5. Car. For Tobacco canceled. Hubberstie contra Dumethalls, Bonds entered into for Tobacco here canceled, Mich. 11, Jac. Put in suit ordered not to proceed. Percy cantra Bardolfe, the Defendant seeks to put a Bond in suit against the Plaintiff, having married she that promised not to marry without the consent of friends. Ordered not to proceed in 32. Eli. lively A. foe. 21 3. Released by the Father taken in the son's names good. Simonds contra Lomley, Bonds released by the Father, which he had taken in the names of his sons being Infants, thought good and allowed in Hillar. 20. Jac. Entered into by menaces, &c canceled. Watts contra Lock, 4. Car. Bonds canceled which have been entered into per Menaces threats, and Imprisonments. Othy con' Daniel, point of cozenage bonds canceled & concerning wares, in 5 Ca lively B. For resigning a Benefice Wood con' Berry concerning Bonds given for resigning a Benefice Me Lord Keeper's distinction concerning Simony in Trin. Car. 6. lively B. foe. 653. Snell contra Still, concerning Bonds to present to a Benefice, M. 3, Car. For payment of money and a release made all in one day relieved. Topp cont' Roberts, Mich. 12. Car. li, A. foe. 66. the Defendant would avoid the payment of money upon a Bond, because the Plaintiff made a Release the same day after the Bond entered into, relieved here. Wynne contra Swain, & Man con' Ham, Bonds entered into for performance of an Award, upon non-performance sued, yet stayed by Injunction, 6. Car. lively B. Lever cont' Arsents, 6. Car. lively B. Bonds entered into for fees, & Lords favours canceled. Mistaken, no advantage. Colston con'Carr. a Misnosmer in a Bond no advantage to be taken, 11. Mai● 33. Eliz. A voluntary bond entered into canceled. Wright cont' Moor, 7. Car. A voluntary Bond of 1000 l entered into for no consideration, canceled in the presence of Judges. Arleston contra Kent, Bonds entered into for procuring a Marriage, canceled Febr. 17. Jac. For procuring marriages canceled. Gotts contra Gibson, Feb. 10. Jac. An Injunction awarded. Wiseman contra Pascell, the Bond brought into Court, 3. Car. For first fruits one delivered up. Trobridges' case, 9 Car. Two bonds for first fruits entered into, the first must be delivered up. Forfeited, and after the money tendered, no use from that time allowed. Malton contra pennel, 12. Car. though a Bond be forfeited and money tendered afterwards shall be allowed no use after the tender. Dom. Cavendish contra Forth, Bonds entered into in 22. Eliz, because it was not inventoried, Ancient to be delivered, up and canceled. and some money proved to be paid to the Testator, it was conceived the money was all paid, and the Bonds decreed to be delivered up. For performance of Covenants mistaken, canceled. Tisdall contra Danvers, a Covenant that a Meadow was haimeable at May day, and a Bond for performance of Covenants, that the Meadow was haimeable at April, the Bond was put in suit upon that Covenant, decreed to be canceled, in 10. Jac. lively A. foe. 231. Without use by the Father, the Son shall have none. Archer contra Bartlet, in 10 Car. where the Bond is made without use by the Father, the son shall be concluded. Voluntary. Bridges contra Wimbleton, concerning a voluntary Bond entered into, 10. Car. Entered into to procure a Pardon. Mainwayring contra James, & Moie, concerning Bonds entered into, to procure a pardon, the Bill and Answer expresseth the Bonds to be without any consideration, and no personal Estate to satisfy, and how far the pardon shall take away the civil Action of another, and the Lord Keeper's Declaration, if a man enters into a Bond for payment of a sum certain, at a day certain, the Obligee shall not be put to prove the Bond in Novemb. 1629. Broccage. Broccage of Citizens and Gentlemen. Sands contra Greshall, the great cause concerning young Gentlemen being brought in by Londoners. Hill 31. or 32. Eliz. Cattles Tythable. What manner of cattles tithable. Southby contra Mere. 5. or 6. Car. concerning what manner of Cattles are tithable. Charitable uses. Money given to a charitable use decreed with damages. Seymor contra Pauperes de Twiford, Money long since given to a charitable use, decreed with Interest, Trin. 1634. Wolrich contra Inhabitant de Frempton, Charitable uses upon the statute of 43. Eliz. Burford contra Pauperes de Sudbury, Trin. 5. Car. Slater cont' Phillips, concerning a charitable use, and the Judge's Certificate upon the statute of 43. Eliz. 5. Car. & Mich. 2. Car. Charitable uses when confirmed by Lord Keeper not to be altered, and the Lord Keeper's power. Pauperes de East-Greensteed contra Howard, My Lord declared, that when he had altered or confirmed the Decree made upon the statute of 43. Eliz. the Decree is to be perpetual, and than to remain in the Pettibagg, and it is in his power to make a Decree good, which is defective in 8. Car. & 10 how far a Purchaser shall be bound. Hungate expert Inhabitant de Shorhorne 3. Car. A debt which is a charitable use in Action, was given for the erection of a School, and this was a good appointment within this law. Steward contra Jermyn, 41. Eliz. when a Donor appoints lands or goods to be sold for to maintain a charitable use, and doth not appoint by whom the sale shall be made by such as the Commissioers shall appoint. Hellams Trin. 5. Car. a devise to the Company of Leather-sellers London, for a charitable use, was holden a good devise. 2. Jac. lands in Grates-Inne-lane, given to build a School at Rugby in Com' Warr ', the Commissioners did sit at Rugbie to inquire, and held not good. Wingfield 4. Car. Money was given for the good of the Church of Dale, and this was ruled good upon these general words. Kensham 41. Eliz. that a Copyhold may be charged with a charitable use. Goff contra Webb, 44. Eliz. upon the Will of one Hunt, of the Lease of the Rectory of Haines in the County of Wilts, it was resolved by Egerton and Popham, that a devise of money be distributed to twenty of the poorest of his kindred, shall be a good devise, notwithstanding it doth not appear that he had any poor kindred. Champion contra Smith, 3. Jacobi, one Ridley being seized of Copyhold lands in Barking in Essex, did device that the Parson and Churchwardens in Thames-street London, and four honest men of that Parish, should cell the land, and employ the money for the poor and charitable uses in that Parish. And it was objected that the devise was void, because the Parson and Churchwardens were not a Corporation to take land out of London, nor to cell it for such uses, but it was decreed that the devise was good, and that they had a good Authority to cell the same. Stoddard 20. Jacobi, who devised by paroll a yearly rent of 10. pounds per annum for ever, out of his house called the Swan with two necks, in the old Jury London, for the maintenance of two scholars in Oxford and Cambridge, and willed that Hugh le Scrivener should put it into writing, which he did accordingly; And this was found by Inquisition, and decreed. And it was objected, that the Devise was not good, for that a Rent could not be devised by a Will Nuncupative, but the Decree was confirmed to be good, for a Rent may be created and granted without Deed in case of a Petition, much more for a charitable use. Hire contra Cordall, Pasch. 4. Jac. upon the Will of one Thompson, who being seized of lands in London, did device that it should be sold after the death of his Wife, for Daughter's Portions, and made his Wife his Executrix, and it was ruled, that the Executors of his Wife might cell, for land in London devisable by Custom before the Statute of Wills, but it was doubted that it had been of lands not devisable by Custom. Mayor & Burgensis de Reading contra Lane, in 43. Eliz. A devise to the poor people maintained in the Hospital in the Parish of Saint Laurence in Reading for ever, Exception was taken that the poor were not capable by that name for no Corporation, yet because the Plaintiff was capable to take lands in Mortmain, and did govern the Hospital; It was decreed the Defendant should assure the lands to the Mayor and Burgesses for the maintenance of the said Hospital. Sir Thomas Middleton, Hillar. 15. Jac. The Master and Mariners in a voyage to Sea, agreed that a ratable proportion should be deducted out of their wages, for relief of such seafaring men, as should be maimed at Sea, and Sir Thomas Middleton (being Treasurer for the Navy, Anno 1590.) had paid their wages, and detained this money for the maimed seafaring men, and not paid it, and although no certain particular men could claim it, yet he was adjudged to account for it by this Law. Mayor Bristol contra Whitton, 9 Car. A man deviseth by his Will, moneys to a charitable use, to be bestowed for poor people, and the residue of his goods to be employed to such uses as his Fecoffecs shall think meet, Devise is good, though it be devised to a Corporation, etc. in 8. & 9 Car. Two Judges Certificate afterwards. Fisher contra Hill, when no use is mentioned or directed in a Deed, it shall be decreed to the use of the poor, and the Feoffement being made to Gentlemen out of the Town, sought to be avoided, because it aught to be the Townsmen only, Decreed in 10. jac. lively B. foe. 238. Pie contra _____ in 14. Car. Estcot contra Cook & Mannington, in Mich. 15. Car. Allen contra Cook Mich. 14. Car. Peacocke contra Thewer, M. 14. Car. If lands be given to a charitable use, to dispose an overplus, if the Purchasor had no notice, cannot bind him, but if rend issue out of land, the Purchasor must pay it, but will not charge him to pay arrearages before purchase, nor lay it upon one, nor excuse the other. Mansell contra Middleton in Mich. 14. Car. Penniman contra jennings, Lands given to Churchwardens, void in law, decreed hereabout, 2. Car. Pember contra Inhabitant de Kington, Whether money given to maintain a preaching Minister be a charitable use, the Lord Keeper, and the Judges did decree (notwithstanding it is not warranted by the Statute to be a charitable use) that the same shall be paid by the Executor to such maintenance, in Trin. 15. Car. Pensterd contra Pavier, A. Deviseth 20 pounds per annum, to a preaching Minister, dies, leaving lands and Assets', the Defendant will not pay it accordingly, the Court with the Judges chargeth her out of the Assets', to buy lands to perpetuate it in Trin. 15 Car. she having but a third part of the lands, and so aught not to be chargeable with any more. Bramble contra, Pauperes de Havering, Feme covert makes a will of 30 shillings per annum to a charitable use, out of some of her own lands and (though an Award) it shall be paid; and Bonds given to perform the same, yet the Heiro is not bound to perform the same in Trin. 15. Car. Windfor contra Pauperes de Farnham, whether after appearance upon exceptions, the Decree may be revived in Pasch. 2. Car. Chose in Action. Chose in Action good in this Court. Burrell contra Siday, a Devise out of a Chose in Action, good in this Court, in 3. Car. lively B. foe. 792, Roch contra Guntur, Assignee of Chose in action, in Mich. 15. Car. Assigned and disposition of things by a feme Covert. Greenvile contra Com' Suff. concerning assigning of Chose in Action, and disposition of things by a Feme Covert, in lively A. foe. 5. Car. George's contra Chancey, Mich'. 15. Car. Greenvile contra Cutteford in Hill ' 1632. Assignable by this Court. Seaten contra Ferrer, concerning the assigning of money decreed in lively B. 22. Jac. and a second Purchaser ordered to pay the money, although but chose in Action, and not privy to the Assignment. Colluder. One Colluder to bring in another. Forth, to bring in Mary Dick with whom he colluded, The Lord Audley and 32. & 33. Eliz. Common. Common. A Commission to distinguish bounds & meats. Magister & societat' Christ-Church in Cambridge contra Martin, The Bill concerning title of Common, and the Court Awards a Commission for the distinguishing the Meats and Bounds in 32. Eliz. lively A. foe. 207. Sands contra. Beale, in Pasch. 20. Jac. fo. 866. Determined here and stinting of cattles. Tenants of Dosthorpe contra Loveday, point of Common determined here in 33 Eliz. fo. 400. lively B. Raremeadow contra Beacle, and stinting of Cattles in Nou. 7. Jac. French contra Eyer, in 33. Eliz. concerning Commons, Walts, and Customs. Cockaine contra Dom. Howard, for Apportionment of Common 9 Car. Goodman contra Wood, This Court determines the liberty of Foldage and Pasture, and what number of sheep shall be kept, 21. Jac. Hartley contra Dively, a Bill here for common of Pasture for him and his Tenants, and common of Turbary in the waste grounds in a Manor allowed here, in 33. Eliz. fo. 192. After trial at law a Commission to set forth Common. Lamott contra Hitch, Whether a common for sheep lies now in the Parish of Melborne or Folmer, though sent to Law, yet reserving Equity, to th'end a Commission may be awarded to set it out in 14. Car. To be according to the plough land, and Cottages not to be excepted. Sewell contra F●nch, finds that the Town hath had always Common, and many Deeds speak of use and trust, the Court adjudgeth the Common to be according to the plow-land and Cottages not to be excepted, but to have a proportionable rate in 2. Car. Prescription of Common how fare relieved. By laws for stinting of Common dismissed. Tucker contra Coppleston, because the Plaintiff could not prescribe any Title of Commoning in the Wastes, no Relief, in Pasch. 15. Car. Mole contra Mole, An Agreement between Townsmen concerning stinting and restraining cattles, and other Orders in the Fields, dismissed in 15. Car. Commissions. Commission special to private persons. Cage contra Elrington, a special Commission to private persons to apprehended one in contempt, and to bring him to the Fleet, Trin. 3. Jac. Of Rebellion. The parties shall be bailed if good Sureties be offered, or else they shall be sued about 37. & 38. Eliz. For possession. Because the Defendant had set out all Process of contempt, 1. Ed. 6. fo. 144. or 244. Another for Lawson, 37. H. 8. Evans crontra Bingham, 30. Eliz. Lovis contra Lovis eod. Brereton contra Young, about 33. Eliz. Commission to take possession, and apprehended the contemners. Brocas contra Savage, To put the Defendant in possession. Wildgosse contra Ragland, 36. Eliz. Because the Defendant stood out all Process of contempt for not Answering, the Bill was taken pro confess, Denton Mill ' was Plaintiff contra Brown in Pasch. 11. Jac. lively A. foe. 736. Another between Comes Oxon contra Gouch about 13. Jac. fo. 104. Comes Hertford contra Gerrard, because the Defendant would not Answer the Plaintiffs Bill, it was taken pro confesso, 10. Jac. lively A. foe. 371. Devoreux contra Stephens, Maij 11. Jac. fo. 632. To examine wastes. Poshall contra Reresby, A commission to examine Wastes in 12. Jac. lively B. foe. 74. Sacheverell contra Sacheverell, One of the Commissioners letting the Defendant escape, being taken upon a Commission of Rebellion, was to stand committed to Prison, till he brings in the Defendant in Hillar. 18. Jac. To prove whether a child be legitimate. A Commission out of this court, to prove whether a child be legitimate, Cressey contra Hull, Pasch. 11. & 12. Eliz. lively A. foe. 130. The contrary in 22. Jac. inter Hobby & Smith. Townley contra Clench, or Clench contra Townley, about 40. Eliz. To set out lands for payment of debts. Mullineux contra Mullineux, the Court orders that a Commission shall go forth to set out lands that lie promiscuously to be liable for payment of debts, in Feb. or Jan. 14. Jac. lively B. foe. 427. To set out Copyhold land from Freehold lands Peckering contra Kimpton, a Commission to set out Coppyhold land from free land which lie obscured, if the Commissioners cannot sever it, than to set out so much in lieu thereof, in Mich. or Hill. 5. Car. Lovelace contra Coffin, whether a Commission to Answer and examine Witnesses, may in one be concluded, To prove Customs but parties interessed not to be examined. 9 Car. Hopton contra Higgins, a Commission awarded to prove customs, but parties interessed shall not be examined as Witnesses in 10. Jac. lively B. foe. 309. After Commission an examiner to go down to examine. Bartley contra Eyre, where a Commission is awarded to Commissioners to examine Witnesses, and they cannot agreed, or where there is an undue carriage, or the Commissioners great, or Witnesses old, the Court awards an Examiner to go down into the country in 1 Augusti, 41. Eliz. Maton contra Culpepper, 25 April, 15 Eliz. Stamp contra Clerk in june 32. Eliz. Commissioners. Commissioners. Nelson contra Yeluerton, Commissioners upon a Commission of Rebellion, letting the party in contempt go where he listed, ordered to be committed till they pay the the debt, in Trin. 18. Jac. The like between Sacheverell and Sacheverell. Morgan contra Bowdler, Commissioners to be examined upon occasion of partiality and practice, 9 Car. Norton contra Hodgetts, Trin. Car. 5. Commitment. Commitment, one delivered, and after apprehended and committed. Brasier & Cross, in 39 & 46. Eliz. Wheatley contra St. John, the Husband and Wife committed in 38. Eliz. lively A. foe. 63. S●r●ope and Steward, the Defendant shut up close in the King's Bench, and not to have Habeas Corpus. Pope contra Newmon, aut aliter, in Mich. 22. Jac. committed to Bridewell. Husband and Wife committed. Cutler contra Barber, the Defendant to stand committed, till his wife be examined upon Interrog. 9 Jac. lively A. foe. 787. Walker contra Arderne, It was Decreed, that if the personal Estate of the parties would not pay all debts, that a Lease should be sold for the payment thereof, and that the Defendant and his Wife were committed, because they refused, in 13. & 14. Eliz, l. B. foe. 70. Partridge contra Partridge, a man committed One committed for terrifying a witness. for terrifying a Witness, which is to be examined at a Commission in. Trin. 15. Car. Contribution. Contribution of a Bond. Parkhurst contra Bathurst, Contribution of a Bond in Mich. or Hillar. 5. Car. Peter contra Davis, in Hillar. 5. Car. Fleetwood contra Charnock, sureties compelled to contribute for payment of debt upon a Joint Bond in Pasch. 5. Car. Wilcox contra Dom. Dunsmore, A Demurrer put in upon point of Contribution, overruled, 12. Car. Hall contra Offley, how far the Court will restrain a Lord to distrain for rend where he pleaseth in Mich. 3. Car. But for the present thinks fit, that there should be a Contribution. Contempt. Cotempt. A Defendant at contempt and pardoned, the Plaintiff was enforced to serve a new Subpen●, to do that which was first ordered. Young contra Chamberlain, Trin. 37. Eliz. One Witness sufficient to prove a contempt. Sands contra Knighton, one witness sufficient to prove a contempt in Mich. or Hillar. 13. Car. Conveyance. Conveyance. The Plaintiff (depending the suit) conveys over his Interest but in trust, and yet the Court would hold not longer in his name, Hill. Contra Portman 1584. Lands conveyed away by an Idiot helped for him in Remainder. Rushloy contra Mansfield, lands conveyed away by an Idiot, by Fine helped for him in Remainder, being in Fee against a Purchasor, and concerning notice also, Trin. 10. Jac. fo. 119. or 1190. lively B. A restraint from making a Conveyance to children by a second venture. Ayloff contra Ayloff, the Court restrains the Defendant from making any conveyance to his children by a second Wife, to disinherit the Plaintiff being his Grandchild and Heir, and concerning a promise, in Trin. 12. Jac. lively B. foe. 1040. One seeks to avoid a Conveyance for want of Livery. Conquest contra Newdigate, the Defendant seeks to avoid a conveyance for want of Livery, yet helped, and Common and Farms whether parcel of the Manor, was sought to be avoided by unity of possession, yet decreed here in Mich. or Hillar. 9 Jac. lively B. foe. 604. Finches Case, in Trin. 41. Eliz. Conveyance in trust to Infants being after indebted, enabled to sell the lands to pay debts. Grant contra Edes, the Plaintiff made a Conveyance to Feoffees in trust, to the use of his sons being Infants, with several remainders over, the Plaintiff being after indebted, the Court inables him to convey and cell those lands, in Hillar. 18. Jac. lively B. foe. 758. Lewis contra Vaughan, the Plaintiff being simple, the Defendant got a Conveyance Of lands was obtained the Plaintiff being simple reassured. from him, of his lands, and although the land was sold to Purchasers, and a descent, yet the Plaintiff had the land reassured to him in 4. Jac. lively B. foe. 835. Plasted contra Algood, whether (a Conveyance in trust) a man may dispose of the same by will, or otherwise, in 4, Car. Dom. Buck contra Paul, in Mich. 5. Car. This is concerning an Office. Moreton contra Briggs, a Conveyance sought to be a voided for want of livery, relieved, Hill. 16. Jac. To trusties by the Wife before marriage to use, who sells the same, though the husband join shall not prejudice the wife. Fitz-James contra Hirsley, a Widow before Marriage, makes a Conveyance to the use of herself to friends, because her Husband shall not have benefit, the trusties assign this Lease to one for valuable consideration, and though the Husband join, shall not prejudice her, but because the Assignee came in upon a valuable consideration, shall keep it till he receive all disbursments, and the Wife to have benefit of the same, 32. & 33. Eliz. l. A. foe. 464. Intrust to uses, needs no livery. Thomas contra powel, a Conveyance in trust to uses, needs no livery, and concerning Tenants in Common, in lively B. 6 Car. Episcopus Heref. contra Bright & Barkley, A Conveyance made to avoid a Wardship, decreed not to be given in Evidence in Mich. 6. Car. In trust and after sells the Inheritance. Dominus Roberts contra Lea, the Defendant makes a Conveyance in trust, and after sells the Inheritance, the trust shall go in equity to the Purchasor, in 8. Car. Lamplughs' case. Defective for want of livery decreed. Paul contra Wilkins, Three Copartners, one for a valuable consideration sells this land but before Deed executed dies, decreed against the Defendant, in Mich. 14. Car. Defective intention supplied. Cook contra Clear, though a Conveyance be defective, yet because there was a full intention to make better assurance, Decreed in 2. Car. Corpus cum Causa Corpus cumcausa. Subpena Compl' quia Defed. prosecutus est per Billam Midd'. Ward contra Marston, 36. H. 8. fo. 125. Copyhold. Copyhold. Severance from the Manor hurts not, Gunn contra Buckmaster, 21. & 22. Eliz. lively A. foe. 360. Lands which had gone Fifty years allowed, till recovered by Law, Trin. 27. Eliz. fo. 630. lively A. Baspoole contra Roberts. The like 21. Eliz. between Wrayford and Carew, for lands enjoyed 60 years as Copyhold, lively A. foe. 232. Lands which had gone but five years as Copyhold of Inheritance, allowed. Trin. 26. Eliz. lively B. foe. 757. between Radcliff and Raunce, (though a Manor) some Copyholds were but for life, and some of Inheritance, and in 22. & 23. Eliz. Fifty year's possession allowed, between Freeman and Penny. A Copyhold granted at a Court kept out of the Manor, confirmed against the Lord which made it, Mark contra Sulyard, 25. Eliz. The Father commits a Forfeiture and dyeth, the son is admitted as heir by descent, this purgeth not the forfeiture, because the Father dying seized of no Estate, the son cannot be admitted to any, Smith contra _____ 30. Eliz. An admission by the Lord, dispenseth with a former forfeiture, as it was held between Clerk & Wentworth about 35. Eliz. The Father committed a forfeiture, the lord nevertheless seized a Herriot upon his death, and yet would avoid the heir's estate for that forfeiture, which he could not, because the taking of a Herriot, alloweth of a dying seized. Bacon contra Thurley, Hillar. 1592. A suit to compel a Lord to grant a Licence to let a Copyhold, but because the Defendant said by this Answer, that the Copyhold was forfeited, this court would not enforce him to grant a Licence, till the forfeiture was examined, Bullard contra Agard, about 1592. Justice Clench fuit D'opinion en case inter Commin & Kingsmell & se Copiholder priest marisme sives licence etc. ce ' employ sur son Customary allowei' d'ye relieve in equit ie, payant un competent fine, in 1591. A Copiholder can have no Assize of Common against his Lord, but is to be relieved in equity, The Tenants of Petworth, and the Earl of Northumberland, in 38. & 39 Eliz. Common for Copiholders and terminors is to be relieved here, Colcot contra Lea. 43. Eliz. & 38. & 39 Eliz. Rich contra Earth, Judges of opinion, that a Tenant out of the court cannot take a surrender of a woman Covert, for that she is secretly to be examined by the Steward in 38. Eliz. lively A. foe. 420. Costs. Costs. Not costs for a contempt discharged by the general pardon, 27. Eliz. Fulwood contra Fulwood. The Defendant not being served with Process, found the cause set down for hearing, and attended, and was dismissed with costs, because the Plaintiff was not ready, Clayton contra Leigh, 15. Eliz. Brothers contra Ringrosse, Pasch. 25. Eliz. Brown & North contra Grove, in 36. & 37. Eliz. A matter put to compromise to be ended by, etc. before the return of the Subpena, it was not ended, the Defendant got Costs for want of a Bill, and yet not discharged. Slater contra Finch, 1596. The Plaintiff allowed 20 l costs. Creditors ordered to take low rates. Coals contra Champneys, the Plaintiff is allowed costs in 7. Car. Creditors. Creditors are ordered to compound with their Debtors, for to take a small rate in the hundred. Maldmay contra Wentworth, Mach. 11. Jac. committed for suing a Surety. Bret contra Shurley, in Pasch. 2. Car. For good of Creditors. Court Rolls. Court rolls, to show which is Copyhold, and which Freehold. Corbet contra Peshall, ordered that Court-Rolls shall be brought and showed to counsel, to show which is Copyhold, and which is freehold, in 12. Jac. lively A. Covenant. Covenant to levy a Fine. B. Covenants to levy a Fine to P. of lands given in Marriage with his Daughter at a day, by negligence of payment, the Daughter being dead, P. passed away the lands to Purchasers, but B. ordered to an Estate of 100 Marks, Hillar. 15. Jac. lively A. Relieved in equity after time expired. Tunstall contra Lassells, one Covenants and enters into Bond for discharging of Encumbrances within a time, none stirred within that time, until afterwards, how far shall bind. A case to be made 2. Car. Ill penned supplied. Vanlore contra Bartlet, A Bill to be relieved of a Covenant ill penned, demurred unto, but in regard of some precedent Agreement, overruled to Answer, Mich. 3. Car. Counsellors Clerk. Councillor's Clerk. bream contra bream, the Counsellors Clerk not to be examined in the cause, 13. & 14. Eliz. fo. 93. Lee contra Markham, the Council of the party's cause, not to be examined in the same cause, 11. Eliz. li, A. foe. 17. Thimblethorpe contra Thimblethorpe, the like in lively B. 6. Car. Customs. Customs. Customs referred to Law. Astill cont' Danvers, Not, 30. Eliz. fo. 236. Lort contra Hutchin, Maij 18. Eliz. lively B. foe. 1344. Maning & al' tenen' de, _____ contra Ep' Worr' sibi & suis, made an Estate of Inheritance, & contra Fines, 34. Eliz. lively A. foe. 826. Michelborne contra Fines 27 Junij. 33. Eliz. Binxie contra Smith, two years and a half value in Hill ' 12 Jac. Weedon contra Stepney, in 28. Eliz. lively A. foe. 327. if any Tenant should go about to defraud the Lord of the Manor, than he to pay a year and a half more. Tenants de _____ contra Armstrong, one year's value and not above, to be paid in 40. Eliz. lively B. foe. 595. Corbet contra Tenants de Beannister in Mich term, 21. Jac. half a years value. Stafford contra Pasch. in Mich. & Hill ' 15. Jac. Parker cont' Ten' de Eatmister in Mich. 21. Jac. Sterling contra Tenants of Burton, a Composition formerly made between Lords and Tenants aught to bind a Purchasor or an heir, so decreed in Octob. 40 Eliz. lively A. foe. 434. Pincheon contra Keeling, whether Fines be Arbitrable or not, determined here, and how to ascertain them in 9, Car. Custom certain proved dismissed. Wingfield contra Bedford, in 38. Eliz. Custom proved of 16 pence an Acre for Tithe of Wood, and no Wood in kind, yet the Court would not decree a Custom. The opinion of the Court is of advice contrary to the custom of London. Nicholas contra Dutton, 32. Eliz. lively A. foe. 677. the Plaintiff had two sons and two Daughters, if the one Daughter died before twenty one, or Marriage, devised by Will, th'other should have her full part, after the Defendant marrying the Survivor, was promised to have both Portions, and made Jointure accordingly, now the sons were preferred in the Father's life, the Will is void in that point, because by Custom they should have a part. Custom in London, and promise' in London will not hold. A Decree in Bacon's case of the like. Hall contra Lumley, a verbal promise in London will not hold, and therefore to answer here to that in 11. Car. and in Nou. 13. Car. Decreed to be good here between those parties, and concerning a Child preferred in Marriage, shall come afterwards into the Orphans Court. Gebo ne contra Dutton; the Custom of London whether a child preferred in life-time of his Father, shall after decease go into hotchpott, an order in it 41. Eliz. lively A. Knivet contra Freeman, because the Bill is for the manner and custom of Tything, dismissed, in 10. Jac. lively B. foe. 322. Carter contra Bateman, Trin. 6. Car. concerning the Custom of London, how fare a Mortgage shall be put into the state. Greleeves contra Pope, the question is, whether the Lord of a Manor, can by the Custom of a Manor, grant a Reversion for lives, decreed here upon view of the Court Rolls, 31. jan. 9 Jac. Topp contra Topp, Deeds of gift made to defraud the Plaintiff of her customary Estate of London, adjudged void, in 40. Eliz. lively A. foe. 522. Page contra Page, a Decree concerning the Custom of the Province of York, in 13 Car. lively B. foe. 51. Morris contra Evans, about 5. Car. Boice contra Wilkinson, and concerning other Customs, in Mich. 10. Car. Carter contra Maund, a Citizen of London, deviseth 3000 l to his Wife and 3000. l to Orphans, and Legacies to divers others, presuming his Estate to be greater than it was, Quere who shall sustain the loss, either the Legatees, or the Orphans shall abate, a Certificate in Septemb. 1626. Hopton contra Simcotts, in Hillar. 14. Car. Damages. Damage given for waste committed. Browne contra Dom' Bridges, Damages given to the Plaintiff for Wastes committed by the Defendant, upon the Plaintiffs woods, as much as he was damnified, in 32. Eliz. lively B. foe. 838. Blackenden contra Hidem, 6. Jac. lively A. foe. 915. The like, Hastings contra Cooper, in Pas●. 4 Jac. And ordered that no ancient Pasture or Meadow ground shall be ploughed, 3. Jac. lively B. foe. 652. Damages allowed for childrens portions where no allowance by Will. Horton contra Long, where there is no Provision by a Will for maintenance, because the Legacies to be paid after the debts, yet the Defendant allowed maintenance, and to account for the profits of the state as long as it is in his custody, in 2. jac. lively B. foe. 807. Barwick contra Barwick, Executors ordered to put in good security to allow five pounds Per centum, for Education, and to make good their Portions, 44. Eliz. lively A. Farrington contra Throckmorton, in Trin. 15. Jac. fo. 987. Mich. following, fo. 99 & 144. Coriton in Mich. 21. jac. fo. 37. Birch contra Chambers, in Maij 11. jac. fo. 686. Argentie contra Young, in Nou. 37. Eliz. Rol● contra May, 1. Car. not to put in Sureties. Moulson contra Moulson, Trin. 16. Car. Debt. Debt upon word satisfied before others upon specialty. Cole contra Ferrand, the Plaintiff was satisfied of a debt upon word by order of Court before others upon specialty, 3. Jac. lively B. foe. 238. & 241. Upon a Recognizance cannot be Attached in London. Skeggs contra Smith, whether a Debt upon a Recognizance may be Attached in London or whether an Attachment made of a Debt in London, may be pleaded in bar of a Scire facias, upon a Recognizance in this Court, it hath been overruled, in law it cannot in 38. Eliz. lively A. foe. 431. To be paid beyond the statute of limitation A Debtor is made Executor, shall not drown the debt. concerning a mediate debt of Customers and Receivers, etc. Halsted contra Little, Debts though beyond the Statute of limitations, ordered to be paid, because directed to be paid by will Hill. 1632. Askwith contra Chamberlain, a man makes a Debtor Executor, there shall be no Extinguishment, but it shall go to the Estate, Hill. 15. Car. Englefield contra Nicholas, Lord Keeper's Declaration of the Chancery and Exchequer concerning the mediate Debt of a Customer, and Receiver to the King, and other matters, in Hill. 15, Car. Deeds. The court will not order the Defendant to show the Covenants or contents of his Lease or Deed. Saltonstall contra Wilbore, the Court would not order the Plaintiff to see what Covenants, and ending of a Lease or Deed, Mich. Jac. lively B. Dominus Darcy contra Allerton, A second Assignment made without consideration being in force, Decreed, 31. june 1631. Two voluntary Deeds. Defective for want of Livery. Byden contra Loveden, the Defendant would avoid an Estate for want of Livery and seizin, but because the Plaintiff enjoyed twenty five years; It was Decreed he should enjoy it quietly, 14. june 11. jac. lively A. Barrow contra Barrow, Mich. 2. Car. Upon a Deed for want of Livery or Attachment. Dom. Darcie contra Allerton, two voluntary Deeds, the first shall take place, unless the last be for payment of Debts, Hill. 7. Car. Dominus Rex ordered that a Deed shall be enrolled, though it concerns lands in Scotland, or Ireland, 7. Car. A sleeping Deed of Entail not favoured. Pountney contra Pilkington, where the Father conceives his land to be Freehold, gives part thereof to a younger son, although an old sleeping entail be set on foot, shall not prejudice the younger son, 18. Car. Made in trust which take place. Singer contra Bennet, concerning two Deeds made in trust, which shall take place, in 8. Car. Row contra Chessick, A Deed for want of Livery, in Mich. 13. Car. Not enrolled, decreed against the heir only. Paul contra Michael, a Deed not enrolled, decreed against the heir, but if any other Estate challenged by survivorship or other precedent Estate, will not bind, in 14. Car. Frank contra Reepe, how fare a Defendant shall be compelled to show a Deed of Entail, and to be examined upon Intergatories where the same is, Mich. 14. Car. Pollard contra Hall, in 13. Car. & Morgan contra Morgan. Vicecomes Rochfort contra Lovel, the Plaintiffs Wife had a deed of gift or grant made to her of sheep, and other personal Estate, but kept the same still in his own hands, and altars the property and dies, and makes the Defendant Executor, and the Testators goods which came to his hands fare more than the debt, though the goods were altered by the Testator, yet the goods which came to the Testators Plaintiffs hands, shall be liable in 3. Car. lively A. foe. 223. Barkley contra Barkley, my Lord's Declaration of a voluntary Deed, how far to hold or nor, in Hillar. 15. Car. Decree. Decree. IN the Judgement Roll of 36.37. and 38. H. 8. there is a Decree to be seen to the ●o effect hereafter mentioned, where Daniel and the rest of the Inhabitants of Crudworth, in the County of Warwick, exhibibited a Bill against Thomas Arderne for title of Common, and to have certain enclosed lands open. It was decreed that Ardern and his heirs should hold the same lands so enclosed, discharged of the Common, because it seemed that the Inhabitants had Common enough besides, and that the laying open the lands called Martinmas Lay, would be a great decay of Husbandry, Rotulo Judicial' 3. pars. Rotul' Iudicial' Ed. 6.2. pars, there is a Decree between Dudley and his Wife, pretending to be Executors of one Morgan, who supposeth himself to be Administrator to that Morgan, And because the Plaintiff had not sufficiently proved such Will, and for that the Defendant sued forth his Letters of Administration, therefore all the goods of the Intestate were decreed to the Defendant, allowing Debts, Legacies, and Funeral charges. A Decree between Tur●on and Cook Plaintiffs, and Goddard, Defendant, whereby it appears that the controversy was touching the Messages or Farm houses, and three hundred Acres of land in Haughton, in the County of Southamton, which the Plaintiff supposed to have been Demised to Robert Tanner, and which the Defendant claims as Executor unto Thomas Goddard, and that because the Plaintiffs proved not the contents of their Bill, and the Defendant made proof of his Answer, therefore the premises and the Lease thereof made to the Defendants Testator, were decreed to the Defendant against the Plaintiff, and that the Defendant after Midsummer than next, should enter and hold the premises (without En●●●● to be made by the Plaintiff) till he should recover the same by Action at the common Laws and furthermore it was ordered that the Defendant should be dismissed. The like Decree in the same Roll between 〈◊〉 Plaintiff and Gittins Defendant, whereby it appears, that the Plaintiff had purchased certain lands of the Kings, whereof he supposed john Brown Clerk (to whom the Plaintiff was Executor) had an Abbot's Lease, and the Defendant pretended that the two Messages and one Yard land, was let unto him by Lease under Covenant and Seal for fourscore and one years, and traversed the Plaintiffs title and the Plaintiff proved not his Bill, and therefore the premises were decreed to the Defendant according to his Lease, for all the years than to come therein, and the Plaintiff adjudged to pay him sixteen shillings eight pence. Note that it is decreed to him without any quousq that it should be recovered at law and without any liberty, to show better matter in this Court. The like Decree in that Roll, between William Messinger Quer', and the Mayor and Burgesses of Gloucester, touching divers Manors; Forasmuch as upon the hearing of the matter, the Defendant shown a Tripartite Feoffement of the premises, from John Cook to the Mayor and Burgesses, to the use of a Free-school and other purposes, And because the Plaintiff proved not the matter of his Bill and Replication, therefore the said Manors and lands. etc. were decreed to the Defendants and their Successors, to their uses, and that the Plaintiff should by Christmas next deliver them all the Evidences concerning the same. The like Decree in that Roll between Thomas Stowell and Anthony Cap, reciting, that where the Lord William Pawlet, Lord Precedent of the Council, and Lord Keeper of the great Seal, 22 Oct. Anno 5. Eliz. 6. because the Plaintiff had not proved his title to the Manors, etc. decreed the said Manors to the Defendant and his heirs till the Plaintiff should recover the same at the Common Law, and that the Defendant should also have the Arrearages, and twenty shillings costs; The Plaintiff being grieved with that Decree, and exhibiting a new Bill to the Lord Rich, having at the Plaintiffs instance heard the Cause, and given divers days to the Plaintiff, to show what he could to reverse that Decree, did afterwards, because no just cause was showed, to frustrate or altar that Decree, dismiss the Defendant. Also a like Decree in that Roll, between Richard Lewknor, and Dame Elizabeth his Wife Plaintiffs, and Robert Barwick Defendant, because the Plaintiffs proved not the matter of their Bill and Replication, and because the Defendant proved a Lease to be made to him six years since of the Farm of Elleston, by one Sir Roger Lewknor, therefore the Defendant was dismissed. And it was further by the Authority aforesaid decreed, that the Defendant should enjoy his Lease, without interruption of the Plaintiffs, or either of them, and the Plaintiffs should pay him forty shillings Costs. A Decree between Fotheringall and Edsington Defendant, Rotulo Judicial' E. 6 4. pars. the question was touching certain lands which the Plaintiff claimed by Lease, and which the Defendant claimed as Copyhold; And forasmuch as he failed in the proof, and the Defendant shown his Copy and ancient Court Rolls, proving it to be ancient Copyhold, therefore the lands were decreed to the Defendant according to his Copy, against the Plaintiff his Executors and Assigns, till the Plaintiff should prove a better title before the Council at York, and yet if the Plaintiff did trouble the Defendant or his Wife at York, or any other the King's Courts, than he should pay five pounds Costs, and the Defendant was than dismissed with twenty shillings Costs presently. Another Decree in the same Roll between Gervas' and Gawen, to the same effect aforesaid. The like decree in the same Roll between Westwood and Westwood. A Decree between ap-Edward, Rotul' Judicial' Edw. 6.8. pars. and Trevor, whereby it appears that the Plaintiff having first a Decree by default, did counterfeit an absolute Decree, and put the Lord Chancellors name to it, and therefore it was than ordered that the Defendant and his Assignees should enjoy the lands, and take the profits thereof against the Plaintiff and his heirs, till he or they should prove a better title in this Court. Brocas contra Savage, a Decree made for the Defendant, notwithstanding it was alleged by the Plaintiff in respect the possession of the premises was in question, in 31. Eliz. lively B. foe. 295. He in reversion coming in by surrender bound by Decree. A Decree against the Lessee and all claiming under him, he surrenders to him in Reversion, and he was adjudged to be bound by the Decree for so long time as the Lease should have endured. Chapman contra. Bissow, 23. & 24. Eliz. The Tenant in possession wasted the houses because dispunishable, by reason of a mean Estate for life, yet decreed that he should repair two parts in Judgement Roll, Edw. 6. Vaneerant & Eyre. Strelley contra Throckmorton, & Foliamb, & Fitzwilliams, Two parts of Judgement Roll, Edw. 6. and Woodley & Read. Goodman contra Kinnerley, Jennings contra Blunt, Re●d contra Rawlins, Nicholas Scot in the second part of Judgement Roll, H. 8. and in the same Roll two Decrees for divorses. Terrell and his Wife, Jeffery and Jenny. Moor & Taylor 29. Eliz. After verdicts in King's Bench. Some & Poyntell 26. Eliz. Hoskins & Perry 26. Eliz. A Decree made for an Heir at the Common For an heir touching lands conveyed by a Recusant. law against certain Feoffees, who had lands conveyed unto them to maintain Scholars, who should use holy Orders, Crofts & Evetts, Mich. 3. Jac. Another 4. Jac. Witering contra Peshall, 18. Jac. A Decree made to relieve one which had double taken from him (as a concealer) by virtue of the statute of Bankrupts, upon indirect dealing by Commissioners, in the execution of the Commission, Wood contra Hayes. 4. Jac. Allen con' Edwards, 2. Jac. Et Edwards, Smith & Wood contra _____ in 8. Jac. The Court decrees that the Husband and Wife shall make, seal and deliver, or suffer livery of a Lease of the lands to be made to the Plaintiff by the said Husband and his Wife. Hungerford contra Hutton, 12. Eliz. lively A. foe. 91. Dom' Culpepper contra Parslow, the Court decrees the thing promised, and the Husband is bound by the wife's promise. The question is, whether the Wife was married at the time of the promise made or not, Mich. Jac. lively A. foe. 138. Decree and Commission. Frankland contra Grace, the Plaintiff bought land of the Defendant, which the Defendant had conveyed before, to the use of himself, his Wife and Son; It was decreed that the Plaintiff should have the land against all, in 13. & 14. Eliz. lively B. foe. 81. The Defendant refused, a Writ of Execution went out, and he could not be found, served upon his Wife who refused, all Process of contempt went out against him, in lib. eod. fo. 159.264.350. Whereupon in respect he could not be found a Commission was directed to take possession of the said lands, and the Tenants to pay their rents to the Plaintiff, or else Attachments to be awarded against them. Without a Bill. Bull contra Huddleton, Decree without a Bill in Mich. 9 Jac. lively B. foe. 27. or thereabouts. West contra West, and a Sequestration, 12. Car. To resign a Benefice. Harris contra Smith, a Decree resign a Benefice, in Mich '. 8. Car. Reyner contra Reyner, in Mich. 22. Jac. Dom. Effingham contra A Without proof for quieting of possession. Decree without proof for quieting of possession. Denis contra Carew, in 16. Jac. An Injunction or Decree here without any proof to quiet possession had at law, and to avoid Multiplicity of suits, in 3. vel. 4. Jac. Durham contra Dearing, 4. vel. 5. Jac. Sawyer contra Pomery, lively B. fo. 786. in libro novo. Standen contra Bullock, 41. Eliz. lively B. foe. 284. For a lease supposed to be void etc. Manwaring contra Perk, A Decree for establishing of a Lease which is supposed to be void, and against a statute law, being Prior's land, in 11. jac. lively A. foe. 342. Confirmation of a Decree in the Court of Requests. Francis contra in●vace, the Court doth decree and confirm the Decree in the Court of Requests, without any proofs of the substance of the matter, notwithstanding the Prohibition out of the Court of Common Pleas, or King's Bench, lively B. 9 jac. fo. 277. parcel or no parcel decred here. Decanus Windsor contra Kinnersley, the point being parcel or no parcel, Decreed and being uncertain, the lands lying intermixed, ordered to be set out, notwithstanding the Defendant by general words in a Bargain and sale, have enjoyed the same long, yet ordered in Michaelmas 9 jac. lively A. foe. 321. Decanus Windsor contra Bouliant, the like in Mich. 8. Jac. lively A. foe. 390. Sincton contra Greeno, upon point of Reputation, in Nou. 7. jac. Decreed in Pasch. 9 Car. Upon one witness. Eland contra Wright, a Decree upon one Witness appeareth by a Judge's Certificate, in Hillar. 9 Car. vel jac. or Pasc. following. Swan contra Atkins, A Decree upon one Witness which proves his Pedigree, from whence he claims, in 16. & 17. Eliz. lively A. foe. 213. Falconer contra Winchcomb, in Pasch. 10. jac. vel Car. lively B. fo. 788. Upon a verbal promise. Hunt contra Cheeseman, a Decree made upon a verbal promise in Pasoh. 10. Jac. vel Car. lively B. fo. 813. A Decree pronounced in the Testators life-time, not to be passed under Seal by the Executor. Ewer contra Frere, Pasch. 1634. To avoid a Decree. Dominus Peter contra Elimozinarius de Westm. A Decree to avoid a Decree made according to the statute of 43. Eliz. in Trin. 3. Jac. lively B. This cause was, where the lands came into the King's hand, but not by the Statute of Chantries, and the King being so seized de facto & non jure, grants these lands to a common person, whether the grant be good yea or not in Equity. Noxon contra Browning, in 3. jac. lively B. foe. 515. and afterwards if there be a Decree made in this Court, upon the Decree of the Commissioners upon the statute, as shall not be maintainable by the said statute, fo. 864. Pauteres de Trinbury contra Chapman, in Mich. or Hillar. 4. or 5. Car. Ewderby contra Huddleston, examined a Decree in the Court of Requests in October 9 Jac. Kitson contra Cropley, May 37. Eliz. A Decree to prohibit a man from sowing of Ridges which lie in Sheepcourse in May, 37. Eliz. jervace contra Bullen, 12. Jac. To prohibit one from preaching. Villa de Yarmouth contra Decanunt Norwich, a Decree to prohibit a Parson 0118 0683 V 3 from Preaching, and the Town to pay Costs, in Hill. 5. Car. Holme contra Wild, the Defendant entered into a Bond to leave his Fellowship, and after takes away his Bond, the Court doth displace him, and decreed him to leave it, Pasch. 15. Car. For by laws. Shipwa●e contra Pilkington, concerning the decreeing of By-lawes for the good of a Town, a Decree in 5. Car. and a Decree in 25. Eliz. Dodford contra Sessions, the contrary in 14. Car. In the Court of Requests confirmed. King contra Burrell, a Decree in the Court of Requests upon a verbal promise, a Prohibition thereupon, this Court confirms that Decree, because the Plaintiff is ancient Tenant, and been at costs in building. Hill. 2. Car. Reversed though no new matter. Episcopus Dunelmen' contra Martin, a Decree reversed though no new matter, in Trin. 5. Car. the case upon which the Decree was mistaken, and notwithstanding his translation, sues as for the right of the Bishop of Oxon '. Comes Devon contra Leake, some mistaking in a Decree amended, etc. in Hill. 14 Car. Irons laid on a man in Fleet for not performing a Decree. South contra Gardiner, Irons to be laid upon a man in the Fleet, because he will not perform a Decree in 6. Car. lively B. Patent of concealment. Barker contra Shepheard. about 3. Car. Swan contra Turborvile, concerning a Patent of Concealment, Decreed, and other Patents, in Car. lively B. Comes Pembroke contra Zouch, a Legacy decreed in Mich. 7. Car. Legacy decreed. Against an Infant. Monk contra Winch, decreed against an Infant, and one bound in 500 l to perform when he comes to age, Hill ' 2. Car. To confirm a Decree at York. Portington contra Beaumont, a Decree here, to confirm a Decree at York, to prevent Prohibition, Trin. 2. Car. Almioney. Lashbrooke contra Tiler, Almiony decreed here 8. Car. Gresham contra Dee, & Dee contra Woodhouse in 4. Car. a man may affirm a Decree though not in possession. Ma●or Norwich contra Decanum Norwich, Decree for Precincts and parcels, 8. Car. Wright contra Middleton, this Court examines a Decree made at York, 8. Car. After a Decree in London. Coventry contra Major London & West, 6. Car. For damages. Paine contra Pattison, a Decree for Damages for a Lessee for years, in Mich. 7. Car. Hill contra Michael, Mich. 9 Car. Richman contra Gislinhans, look Justice Crookes Certificate, 9 Car. Askwith contra Turner, the Court will not reverse a Decree made at York, unless it was unduly obtained, or Erior therein, 9 Car. A suit retained here after a Decree in the Court of Requests. Devisteed contra Englested, 38. Eliz. lively B. foe. 426. Notwithstanding a Decree in the Court of Requests, this Court refers aswell matters decreed there, as here, to Referrces, to cast up Account. For tithes in kind. farmer contra Trost, Tithes in kind decreed, notwithstanding a Decree in Lord Bacon's time, 12. Car. and what is a Yard-land, and how to set it out. Episcopus Heref. contra Awbrey, Hill'. 14. Car. Kenrick contra Temple, 15. Car. Magister Trin. Coll. contra brook, 12. Car. Birch trees, timber trees. Comitissa Cumbries' contra Com' Cumbrie, Birch trees are decreed to be Timber-trees, in 8. Jac. fo. 349. And sequestration in Infants hands, or to their use. Sere & Eland contra coley, the Plaintiffs being Creditors of coley preferred their Bill against the Defendant, being all Foreigners, but the goods were passed over into England, into Merchant's hands by coley, and this Court taking notice in respect of the different computation of the Realm, First to be paid at the Feast of the three Kings heads secondly because the Bill was not sealed; Thirdly, because the debts grew in France, and he came over hither to keep his body from Arrests the Court decreed the debts, and caused a Decree to be drawn up pro Confesso, because the Defendant would not answer, and Sequestered moneys in other men's hands to pay the debts, although they were passed over to others to the use of an Infant, 8. Jac. lively A. foe. 1184. Cook contra Trewman, a Decree upon a verbal Agreement, in Trin. 4. Jac. For tithe Coneys & Wood Shires contra Burgaine, a Decree for Tithe Coneys and Wood, 12. Car. Holme contra Fletcher, concerning a Legacy, in Mich. 2. Car. Poole contra Co●well, Trin. 4. Car. the Father entered into Articles for land, the son no party, yet having consented decreed. An intention with a Declaration supplied. Redman contra Torrell, for that the Plaintiffs Father did fully intent and resolve, that the Plaintiff should have the Lease and did give the same accordingly, and that she at divers times declared, that she had given him the said Lease, and for that Christopher Torrell himself protested, as he was a Christian man, did promise' that the Plaintiff should, and for that the said Torrell did purpose to sand to the Plaintiff for some agreement, and made offer of 200 pounds for the said Lease, therefore decreed in 28. Eliz. fo. 682. A highway decreed. Wotton contra Wotton, a high way decreed in 10. Car. powel contra Parsons, a piece of ground sold, but no reservation of a high way, but decreed that a way should be continued as formerly, Mich. 3. Car. In the Court of Wards overruled here. Robert's contra Harccourts, a Decree in the Court of Wards decreed here, notwithstanding the Decree there, Hill. 14. Car. Attorac. Dom. Regis contra Episc. Oxon', a Bill here to unite a Parsonage to the Bishop's sea about 12. Car. Dom. Scroop contra Lazenby, a Decree at York being for lands, is adjudged to be coram non judice, Pasch. 2. Car. Against an Infant. Cromwell contra Carey, Mich. 7. Car. A Bill of Review, because the Decree was against an Infant my Lord's Declaration; It shall bind an Infant as well as at full Age. Plate decred to be goods Turner contra Williams, whether Plate doth pass by the name of goods, decreed to be goods, in Mich. 15 Car. A Portion decreed to a child in ventre samere. Pope contra Courtney, the Court decreeth that allowance shall be given to a daughter that was in Ventre samere primment enseint at the time of devise, although void in law, decreed in Mich. 3. Jac. lively A. foe. 306. Defendant. Defendan A Defendant examined touching a contempt, and discharged thereof, shall have Costs of Course, if a Commission be not presently taken out to prove it, and if he prove it not, thou increase of Costs, Atkinson contra Ailoff. 37. Eliz. Ordered to assure lands according to a devise. Pike contra Higgons uxor & al', The Defendants ordered to assure lands according to a devise, 12. & 13. Eliz. lively A. foe. 182. Gwynn contra Petty, to examine the Defendant upon Intergatories at the hearing, Pasch. 6. Car. Bradshaw contra Bradshaw, a Defendant ordered to be examined upon Oath at the hearing, Hill '. 8. Car. Freed of Execution upon security. Lamer contra Smith, the Defendant delivered out of Execution upon Security, in 3. Car. Pollixfen contra Short, the Defendant examined upon Intergatories after a hearing in 5. Car. Examined after hearing. Drewry contra Watson, to examine a Defendant after hearing, in 7. Car. Not compelled to disclose Usury. Fenton contra Blomer, a Defendant not compelled to disclose matter of Usury, 22 Eliz. lively A. foe. 66. Committed for procuring an Injunction of th' Exchequer. Symmes contra Plowden, This Court directs a trial, the Defendant to avoid the order of this Court, procures an Injunction out of the Exchequer, the Defendant committed, in Trin, 14. Car. Adjudged to be under twenty one years. Wood contra Wageman, the Court upon view of the body, and upon examination of several Witnesses, and upon view of the Church book, adjudgeth the defendant to be under the age of 21. years, in 28. Eliz. fo. 262. Pollard contra Evelin, if a Defendant cannot be found, or hath no house, than to give notice to the Clerk in Court, which is sufficient, in Hillar. 15. Car. Demurrers. Demurrer. A Bill laying a promise to assure lands for ten shillings in hand, and 2100 pounds at days, demurred and allowed because it was but a preparation for Action upon the case, William & Nevil, Trin. 38 Eliz. Wright contra Eitch. 13 Jac. lively B. foe. 42. The matter being concerning Sergeants for Arrest in London, demurred because of their places, yet overruled and paid good Costs. The general pardon pleaded to discharge an Utlawry after Judgement, and not allowed till the parties be agreed. Weeks contra Newborow, Trin. 1590. Harris contra Beadle, Hill. 18. Jac. lively A. foe. 823. Fitton contra Proctor, 36. Eliz. lively A. foe. 499. A Demurrer for Utlawry must be upon Oath showed under seal, Hulst contra Hulst. 36. Eliz. lively A. foe. 625. Paschall contra Points 1597. A Demurrer because of a former dismission must be upon Oath, Brook contra Smith. 36. & 37. Eliz. A Demurrer by Deponentem allowed, Mollineux contra Stanhope, 23. Eliz. Demurrer, because the matter was dismissed in the Court of Requests, overruled in 30. Eliz. lively B. foe. 206. & 493. Haddon contra Salter. The husband alone cannot demur for his wife, by the opinion of the Court, Sturling & Green, 36. Eliz. A Demurrer because ce q' vy not showed to be in life, and overruled the Demurrer not to be good, Victor & Read, 37 Eliz. A Demurrer, because it concerns the Queen's title proper for the Exchequer, yet overruled, Mich. 33. Eliz. lively A. foe. 33. Biller contra eliot, Demurrer, because the matter was depending in th'Exchequer before the Bill overruled, Jan. 35. Eliz. Plumpton contra Headlam, Demurrer, because Excommunicated, overruled about 4. Car. Executors. Two Executors are Plaintiffs, one is excommunicated, th'other shall be severed, and the Defendant shall answer him, Tomes contra Vaughan, Hillar. 39 Eliz. Hamblin contra Dom. Sherringham, the Defendant demurred because she promised to pay money when she was Covert Baron overruled, 25. Eliz. lively R. foe. 103. Crocker contra Hamden, Demurrer, pretending one Executor cannot sue another, overruled, because the matter is mere Testamentary, 20. Eliz. lively A. foe. 131. Gotts contra Hicks, a Demurrer at the Defendants suit overruled, in Hillar. 16. Jac. lively A. foe. 674. Skies contra Rawson, the Defendant put in a Demurrer to the Plaintiffs Bill, because the Plaintiff was Utlawed at the suit of strangers, yet ordered to Answer, in Mich. 9 Jac. lively A. foe. 234. Audley contra Harris, Hillar. 1633. A Defendant lies in the Fleet for breach of a Decree, the Plaintiff nevertheless prefers a Bill to discover an Estate, demurred, because a double Execution, yet overruled. Brooks contra _____ about 5. Car. Because excommunicated overruled. A Demurrer, because excommunicated, overruled. Dom. Plummer contra _____ Hillar. 6. Car. Donn contra Donn, in Mich. 7. Car. After Replication disallowed. Leighton contra _____ a Demurrer put in after execution Replication, disallowed, in 5. Car. Evans contra Leasure, a Demurrer upon a Replication although answered, being upon a promise sixteen years, dismissed notwithstanding the Answer, and Sir Richard Moor's Report, but in respect the promise is annexed to a trust retained 6. Car. _____ notwithstanding the statute of limitation. Comes Kingston contra Wakeman, in Hill. 8. Car. St. John contra Doni ' Thornburgh, a Demurrer to a second Bill of Revivor overruled, Hillar. 7. Car. Wild contra Middleton, a Demurrer, because Moor a Bankrupt, and the Creditors devil out of England in Galicia, overruled, in Trin. 8. or 9 Car. or June 2. Car. Leake contra _____ a Demurrer, because lands lie in Ireland, and there to be determined, overruled in 8. Car. By contra Forth, A Demurrer, because a dismission in the Court of Requests, if any new matter overruled here, 26. June 1606. Artson contra Wolverston, a Demurrer, because the Defendant had Execution at Law overruled, 10. Jac. lively B. foe. 291. Morris contra Owen, a Demurrer, because the Plaintiff was Utlawed, the Defendant ordered to answer, 10. Jac. fo. 457. Bland contra Comitem Cambrie, a Demurrer pleaded, because remedy at Law overruled, Pasch. 7. Car. Arnold contra Arnold, if a man be utlawed, and sues as Executor to another, the Plea to the same is overruled, 12. Jac. lively A. foe. 353. Ratcliff contra Tolston, Common of pasture in Waste grounds lying in the North, a Bill here demurred to, but because it concerneth lands, and the lands be Tenant Right, and some devil out of the Parish, cannot so well maintain their Condition by reason of unity of possession, overruled, in 33. Eliz. fo. 191. Salter contra Bennet, a Demurrer because a Decree in the Exchequer, overruled and decreed here in presence of the Barons of the Exchequer, Mich. 14. Car. fo. 38. Osborne contra Pagett, because the Defendant did not put in his Demurrer according to the rule of Court, moved to have it entered, but denied, in 14. Car. Thynn contra Westrop, a Demurrer, because the Plaintiffs wife outlawed and pleads a Release, overruled to Answer, in 25. Eliz. lively B. foe. 134. Depositions. Deposition no amendment after publication. Chamberlain & Pope, 39 & 40, Eliz. After publication, the Court would not amend a Deposition mistaken. Wynn contra _____ A man after examination supplies his Deposition ad informand' conscientiam about 5. Car. Kinnaston contra come Bridgewater, Recording Copies of Depositions to be allowed in Hill. 2. Car. Devise. Devise. Sergeant & Sergeant, 8. Nou. 39 Eliz. A breach of a Condition of a Device helped against the heir. Of entailed term. Cornwallis contra Penruddock, concerning the Devise of an entailed term, Hillar. 1. Car. Webb contra Smith, in 4. Car. Holditch contra Phillipps, in Pasch. or Trin. 4. Car. Palmer contra Turnor, 41. Eliz. fo. 540. Of ten pounds per annum out of a Lease without clause of distress. Watts contra Kancie, a man possessed of a Lease for fourscore years, devised out thereof: Ten pounds per annum without clause of distress, and made his Wife his Executrix, and she thereby had the said Lease, and afterwards th'Executrix and husband, and Assigns in trust, sold away the same Lease, discharged of all Encumbrances, th'Executrix shall be charged, and not the land, 31. Jan. 9 Jac. Tennant contra Braie, 8. Novem. 6. Jac. Carewes' Report, a Device made to the Daughter to pay her a sum of money if she will be divorced from her husband, the gift made good, though the Condition void. Kirrington contra Astie, the Grandfather deviseth lands to his Son to pay ten pounds per annum to the sons three Daughters, the Father gives two hundred pounds in Marriage with one, whether the ten pounds per annum, shall be included in the two hundred pounds or not, Decreed it shall be included, in Mich. 13. Car. Phillipps cont' Springett, not withstanding a Release of a Portion relieved in 10. Car. Grimston contra Willington, 2. Car. Highgate contra Highgate, a Mortgager of a Copyhold, and a surrender to that purpose, and after deviseth this land to a second son, but no Surrender, in Mich '. 14. Car. Poford contra Pavier, Pasch. 15. Car. the Court will see the Will in the same case, but difference is upon some matter of fact. Para familia. Davenport contra Dom'. Robinson, the Husband by will gives goods which the Defendant pretends belong to her as Parafamilia, the Device good, in 5. Car. Crowther contra Lucy, the Plaintiff being heir to lands in tail, and likewise Devised unto him by his Mother's Father, the lands being in Mortgage, and redeemed by a stranger, having fold it again with the consent of his Father and Mother, could not be relieved here, in 39 & 40. Eliz. lively B. foe. 4.35. Tenants in common by devise. M●ther contra Godbold, two joint Purchasers, one deviseth his part for payment of debts, ordered in Chancery, Mich. 7. Car. Lowen contra Lowen, 41. Eliz. lively A. foe. 230 & 683. lands devised to two, to be equally divided betwixt them, and to their heirs, are Tenants in common, and not joint-tenants, and so decreed, that the survivors shall receive no profit by survivorship. Bacon contra Bull, a Device void in Law by reason of a misrecital of a grant, and by reason of an Attornement, yet helped in equity, 38. Eliz. lively A. foe. 698. Directions how to libel in the spiritual Court. William's contra Faucet, Directions by this Court, how the Defendant or his Tenant shall libel in the spiritual Court, 13. Jac. fo. 292. Dismissions. Dismissions. Hayward contra Timber, 4. Jac. lively B. foe. 602. The matter heard there after a Dismission in the Exchequer upon hearing, but there appearing no matter to relieve the Plaintiff, the matter was dismissed, the rather, because there was a former dismission in the Exchequer. Roe as heir, exhibited a Bill against Waserer, to prove a Condition, perpetuity, and Conditions broken, and dismissed in 1594. Because under value. Reynolds contra Davy, 12. & 13. Eliz. lively A. foe. 87. because the matter in question, is under the value of forty shillings per annum, therefore the Court dismissed it. Because Defendant and lands in the County Palatine. Botely contra Savile; in 13. & 14. Eliz. lively B. foe. 95. & 104. because the Defendant, and the Lands in question lie within the Country Palatine, the matter was dismissed. Brereton contra Jarmin, 23. Eliz. lively A. foe. 428. Because the lands in question lie within the limits of the Commons of the North, the cause was dismissed primo & secundo Edw. 6. lively A. foe. 72. East contra Fish, 12. Eliz. fol. 100 Because the lands in question is parcel of the Queens, therefore the matter was dismissed into the Exchequer. Jay contra Simcox, dismissed to Law, but shall not pled the statute 12. Car. Disinherison. Dis-inherison. Harrington contra Markham, the Court was assisted with Bishops and Noblemen, at the hearing of a Cause in Chancery, in july 5. or 3. Jac. upon point of Dis-inherison. Woodley contra Woodley, a Dis-inherison, and a Decree for confirmation, yet after twenty years, the Decree reversed, and Dis-inherison avoided in 8. Car. Distringas. Distringas Parker contra Bowlesse, a Distringas awarded where cannot have benefit of Extent, 7. Car. Distress. Distress. Possession and Rents ordered to Molineux contra Molineux, Hill. 1590. the Tenants would not pay the rents, therefore a Distress ordered. Divorce. Divorce. A Divorce causa frigitatis, the Woman sued for her Marriage portion, yet her Father was alive who gave it, to which exception was taken, yet the Master of the Rolls said, he would be no Formalist. Barrow contra Butten, in 1594. & 37. Eliz. fo. 195. Dower. Dower. Wild contra Wells, Bill to be relieved for Dower, and a Commission to set out the the lands in 25. Eliz. lively B. foe. 112. Duchy. Duchy. Hulse contra Daniel, Mich. 5. & 6. Car. Duchy Court where lands are granted of the Crown in Fee-farm, reserving ront, are pleadable and determinable in this Court. Leving stone contra Wise & al'. about 8. Car. Tenants of Barwick contra Caesar, 8. Car. Hampden contra Ferrer, in 14. Car. Demurrer by a Clerk in the Duchy Court overruled 30. Maij 1606. Jordan contra Pawson. Elegit. Elegit. PAImer contra Bolls, an Elegit returned and filed being out, and thereby without remedy renewed by this Court to be executed, 2. Car. Entail. Entail. Bail contra Read, 38. Eliz. lively A. foe. 728. an Entail cut of contrary to a Proviso, to the intent only to make a Jointure, and than the I emainders were settled in tail as before, wherefore the Forfeiture dispensed within Equity. Tatton contra Molineux, Of a Chattel how farré good. a Lease made to Feoffees in trust to the use of the Plaintiff for life, and after to the Heirs males of his body, the said Plaintiff hath full power to dispose of his Lease, so long as he hath an heir, and that an Entail of a Trust of, or out of a chattels is not good, nor any such perpetuity, Precedents being produced to that purpose and the Judge's opinion between a remainder of a Chattel and the issue in tail of a chattel in 7. Jac. lively A. foe. 1183. the lands lie in the County Palatine. Equity. Lock contra Hunt, 7. Car. no advantage by unity, descent, Fine, or discontinuance. Estates. Estate. King contra Blundavile, the Defendant having an Estate for life without impeachment of Waste, was ordered not to do Wast both upon woods and houses, 5. Jac. lively A. foe. 327. Piggott contra Piggott, in 8. Jac. lively A. foe. 766. Banister contra Banister, an Occupants' Estate maintained in Pasch. 12. Jac. lively B. Marchio Winton contra Bushon. an Estate reserved without Impeachment of waist, this coming to a Lessee, he would have it in the like manner, but restrained here, Janu. 11. Jac. Prince contra Greene, although an Estate cannot be created by Covenant by law, yet made good in Chancery, in june, 40. Eliz. Reynell contra Peacocke, concerning an Estate in Fee, depending upon an Estate tail, his Lordship would not altar the Estates in lively B. 6. Car. Merrifield contra Merrifield, about 1634. Rousewell contra Knight, in 10. Car. raising of an Estate by an Agreement. Barrow contra Smith, in 10. Car. a man makes a grant to friends of an Estate, to the use of three Daughters and their heirs, this is Joyntennancie, and the Survivor carries it. Lister contra Yeluerton, an Estate is made to friends in trust to the use of the woman, to commence after her husband's death, she joins in a Fine with her husband of the lands leased in trust, this Fine shall cut of the trust, and there being an Extent upon the lands leased, this trust shall not prevent the Extent by reason of the Fine, Trin. 15. Car. Exchange. Cottington cont' Leversage, an Indenture of Exchange decreed, 13. Jac. lively A. foe. 229. Examination. Examination. Examinations of Plaintiffs and Defendants, and Witnesses after a hearing. Throckmorton contra Cromwell, 10. Jac. lively A. foe. 18. Touck contra Thomas, 19 jac. lively A. foe. 829. Lea contra Band, 1591. & 32. Eliz. the Defendant was examined upon Intergatories, and yet the Plaintiff was left to his proof. And in Mich. 36. & 37. Eliz. lively A. foe. 422. Dom. Burleigh contra Shute. The Court would not examine the Defendant unless he would absent 38. Eliz. Bowser contra Savage. A Defendant upon a hearing where the Plaintiffs proof served not, appointed to be examined. Bellamy contra Radcliff, 38. & 39 Eliz. Waterman contra Pope, Pasch. 37. Eliz. York contra Haidon, the Plaintiff was ordered to be Examined, or Process to be had against him, 11. & 12. Eliz. lively A. foe. 71. Lady Amcotts, being a Defendant, was to be examined upon Intergatories, 11. & 12. Eliz. fo. 328, Mayor Feversham cont' Ance. Cotton contra Paget, the Defendant not to be examined upon all Intergatories codem, fo. 367. Preston contra powel, the Wife to be examined as a Witness, 41. Eliz. lively B. foe. 10. Glaster case concerning an Examination about 6. Car. Exceptions. If a man except against an Answer and hath it referred if thereupon it fall out to be good, the Defendant shall have Costs for that trouble upon motion, Beswick contra Fox, Hillar. 39 Eliz. Executors. Executor not enforced to put in bond but in certain cases. Executors not in equity compelled to put in Bond to persorme the Will or Answer Legacies, unless it appear, they have either broken the trust in them reposed by the Testator, or be decayed since his death, for at his death it seemed he trusted them without Bond, Browne contra Purton, 32. Eliz. lively B. foe. 641. One Executor may sue another in this Court, though not at law, Allen contra Story in 1585. and Okely & Barnard, 39 Eliz. Two executors, one of them is made Defendant he shall be charged not further, than for the goods came to his own hands, Herbage contra Backshaw, 35. Eliz. Englesield contra Inhabitant, To pay Costs. de Rotherstrop Executors, to pay costs adjudged against the Testator, because he had Assetts, 28. Nou. 1631. Brereton contra Roberts, Sues ' th'executor of his executor. the surviving Executors, sues the Executor of his Executor, and likewise where there is a great state come to the Executor, which was not disposed of by the Testator, the Executor shall not have it, but shall be disposed of to the Testators kinsfolk, and to charitable uses; An Executor of an Executor, ordered to account upon Oath, and to be examined upon Intergatories to discover the Estate, in 6. Jac. lively A. foe. 638. Bacon contra Bell, Two Executors one descents, the act of the other good. Two 0218 Executors the one descents ' yet the Act of the other shall be good, in Febr. 39 Eliz. Holland contra Owen, an Executor shall not be charged with a Trespass committed by the Testator, in 3. or 4. Car. Warmstrey contra Dom'. Tanfield, a Subpena against an Executor to show cause, why he should not be bound by Decree made against the Testator, in Hill. 5. Car. and concludes accordingly. How fare a Judges or an Officers Executor shall be bound for a neglect done in his Office, in Mich. or Hillar. 8. Car. or jac. Moor contra _____ in Mich. 8. Car. Two Executors and Joint in the Bill, Coexecutors. shall be severed upon hearing. John contra Kingston, Coexecutors shall not be charged for more, than comes to his hands in 8. Car. Downs, Jux, & Wiseman, concerning an Agreement, and if one Executor do Waste, the other shall not be charged, Trin. or Mich. 7. Car. Townley contra Shurborne, Two trusties of a Lease or two Executors, one wasteth the goods, the other shall not be charged, unless he was a Coactor, in Trin. 9 Car. Deane contra Ward, two Executors, two answers for mean profits before partition, in 11. Car. Allen contra Burton, an Executor sues the Executor of his Coexecutor towards payment out of an Estate which came to the Defendant, who is not chargeable in law with the Legacies, but the Plaintiff is (as surviving Executor) decreed to be liable in 10. Jac. lively B fo. 243. Hankinson contra Pell, an Executor, called in question, after question demurred, yet overruled in 12. Car. Capell contra Gostow, two Executors, the one trusteth the other to receive all Rents and dyes, the Plaintiff calls his Executor to an account, being th' executor of a Trustee, ordered to make satisfaction, in 12. Jac. lively A. foe. 421. Terrey contra Fowler, an Executor maketh doubt, whether he shall pay debts before a Decree in Chancery, decreed they shall be protected. Dominus Craven & Comes Dorset, Creditors about 6. Car. Wolverston contra Amherst. 13. Car. Kemp contra Lamplugh, 14. Car. Rowe contra Billing, two Executors being decreed to pay Legacies and debts, the one paying it, the other shall upon a Bill be compelled to pay the moiety and Costs, in 10. Car. Martin contra knowles, concerning two Copartners Executors, the estate being not divided before death, 28. Eliz. fo. 257. Houghton contra Hampden, & e contra, One Executor receives money for Interest, it shall be accounted as principal for five per centum, in Mich. 9 Car. Viceeomes Conway contra Crook, a Bill preferred against the Executor of one that committed Wastes, demurred unto, and good in 15. Car. But an account for an Estate which came to the Defendants hands called in question, pleaded the Statute of limitation, overruled in 15. Car. Exemplification. Exemplification. Fisher contra Hawkes & Smith in 1590. the Plaintiff allowed without showing a Deed enrolled, to pled the Exemplification of it. If a Demise of lands, want sufficient words to carry that which was meant to pass, it shall not be helped in equity, Kent contra Kent. in 1591. Fisher contra Smith, the Court order an Exemplification of a Deed to be pleaded at law, where the Deed cannot be brought, in 33. Eliz. lively A. foe. 26. Extent. Extent not well laid, anew awarded. Trion contra Michael, the Plaintiff sued out an Elegit, being not well laid, and the Extent not good, sues here in Equity for the money, decreed 12. Car. To account for profits upon Extent according to true valuation, and not to the extended value, but not use for those profits, in 5. Car. lively B. Haughton contra _____ 4. Car. or thereabouts. Lands extended at low rate to answer trua value. Reextent. Aldred contra Wilkinson, 5. Car. Dom. Deancourt contra Hampson, according to the Receipt, and not to the extended rate, in 2. Car. Chivers contra Bampton, Trin. 5. Car. A Reextent awarded upon a Statute, the lands being not known upon the former extent. Evidence. Bourn contra Debest, Evidence. Shop-books read as an Evidence at the hearing, Mich. 15. Car. Harrison contra Bludder, the same term, and concerning the Statute of Limitation by great advice. Feme Covert. BAcon alias Prior, le feme vend le use que le feme ad cer' les Deniers uncorpus le mort le Baron quel clayme le use mere, & nient remedy in equity, 7. E. 4. vouch un ease de Tasborough & Danvers, are in question, Hillar. 1590. The Husband sold lands and debts due to the Wife before Coverture, and took Wares for it, he dying she surviving released the debts, and decreed she should not, 36. H. 6.134. & 142. Waterhouse Defendant, was Grauntee of a Lease in trust, to the use of the Wife of Witham, she died, and made Waterhouse Administrator, Witham complained, and would have had the Lease in equitic, the order and opinion of the Court was, he should not, but the Grauntee and Administrator should, 38. Eliz. Seeks to avoid a Lease. Ireland contra Pavia in Mich. 13. Car. The Plaintiff held two Tenements of the Husband and Wife, and surrendered both, in consideration that the Husband and Wife should make a Lease for one of them for three lives, the Husband died, the Wife being but Tenant for life, and so by the Statute would have avoided the Lease for three lives, but the Court thought good it should be helped in Equity. Donnery & Weston 36. & 37. Eliz. Feme ad Estate dïspunishable del wast un● '. waste en measons prohibit & puis en Mare sine auxi, Morgan & Peury, 37. Eliz. Not bound by Decree. Feme covert party by Articles, and to a Decree, but she assented not, the effect of it was, to forgo the Jointure for other recompense, after that the Husband died, she took a new Husband, and they left to the law to recover her Jointure. Slater contra Foliambe, 37. Eliz. steward contra Jarmy, & jarmy contra Stayward, jarmy was enforced to make assurance, Mich. or thereabouts decreed in 39 & 40. Eliz. lively A. foe. 660. li, B. fo. 41. & 42. Eliz. fo. 220. & 551, and because she refused to perform, was committed till she did agreed. The like between Twin & Box, in lively A. fo. 487.22. & 23. Eliz. Egerton contra Townsend, lively B. fo. 954 11. Jac. Voux & Uxor, contra Gleas & Uxor, 4 & 5. Ed. 6. fo. 35. the Court doth order that the Husband shall become bound in a Recognizance, that his Wife shall release her Right. Compelled to levy a Fine. Barty contra Herenden, 2. & 3. Eliz. lively A. foe. 62. the Court compels the Husband and Wife to levy a Fine. Wyatt contra Wyatt, in Mich. 16. Jac. lively B. foe. 476. The Wife being no party to the Bill. Hausly contra Hausly, Trin. 17. Jac. & Hillar' prox. Committed to Newgate for not performing an Order. Westdeane contra Frizell & Uxor', the Defendant and his Wife committed to Prison for not performing the order in Maii 10. jac. The Decree and their Commitments in 12.13. & 14. jac. Regis in 14. jac. lively B. foe. 14. She was committed to Newgate. Compelled to levy a Fine and perfect assurances. Sands contra Tomlinson, Mich. jac. lively A. fo. 679. a Wife compelled to levy a Fine and perfect assurances. Pope contra Moor, the Defendants Wife being priviment enseint at her husband's death, the child could not be provided for by law, but the Court ordered, that the Child should have sufficient allowance, lively A. foe. 307.3. Car. vel jac. Sueth her Husband and others. Rivet contra Lancaster, the Wife sueth her Husband, in 39 Eliz. lively A. foe. 201. West. contra West, 12. Car. And feme Covert sueth others, 17. jac. lively A. foe. 940. Kiffin contra Kiffin, 17. jac. lively A. Dom. crisp in Pasch. or Trin. 18. jac. lively A. foe. 1088. Comitissa Dorset contra Comitem Dorset about 7. jac. Fleshward contra jackson, Money given to a Feme Covert for her maintenance, because her Husband is an unthrift, the Husband pretends the money to be his, but the Court ordered that the money should be at her disposing, 21. jac. lively B. foe. 719. Rust contra Whittle & al', Pasch. 8. jac. lively B. The Court doth decree a Report wherein it was thought fit, that the Defendant should compel his Wife, and another man's Wife, being th'other Defendant, to levy a Fine and join in assurance. Sued others without her Husband and in her friend's name. Dom. St. John contra Englefield, in Mich. 14. jac. a Bill preferred without the privity of her Husband, allowed. Gascoigne contra Francklyne, a Feme Covert sues others, 42. Eliz. lively A. about fo. 593. Haynes contra Duncombe, in Trin. 21. jac. Milward contra Bradborne 5. or 6. Car. Examined against her Husband. Lake contra Deane, 38. Eliz. lively A. foe. 157. a Wife examined to discover her Husband's deceit. Chargeth lands with a paroll trust. Cary contra Ley, in Mich. 21. jac. Land charged with a paroll trust, though made by a Feme Covert. Sambroke contra Ramsey, in Mich. 13. Car. May dispose of a Trust. etc. Baskervile contra Sinthome, the Plaintiff conveyed a Lease to Feoffees in trust, to the use of his Daughters, and to his Children lynially, the Daughter married and had issue, which dies, marries again, the Feoffees conveys the Lease to the Wife and Husband, and discharges the trust, the woman gives this trust to the Husband & dies, the Heir sues the Husband for this land, but ordered that the land should go to the Husband, notwithstanding the Conveyance, 12. Jac. lively B. To answer. Palmer contra Shonck, a feme Covert to Answer Mich. 5. Car. An Infant bound by Agreement. Stiles contra Stiles, an Agreement binds a Feme and an Infant, in Hillar. 2. Car. Sankey contra Golding, 21. Eliz. lively fo. a Feme Covert sues without her Husband. Sues. Farewell contra Curson, Feme covert sues in Chancery sa Baron in vie ouster la Mare, 31. & 32. Eliz. fo. 8. Baker contra Newberry, about 5. Car. though the Husband released. An Infant compelled to answer. Moor contra Dom'. Greenvile, will not Answer because a Feme covert and within Age, compelled, 11. Car. Throckmorton contra Calver, a woman returning her Answer, being married after the Commission awarded, ordered, 11. Car. Bound by Agreement. Randall contra Tynny, a single woman did agreed to have a moiety of land, and after Marriage, subscribed her name with her Husband, to a latter Agreement, though Feme covert decreed in 10. Jac. lively B. 25. or 250. Holman contra Awdley, 10. Jac. lively B. fo. 309. a Wife not to be examined against her Husband. Demurs ordered to Answer. Court contra Popham, the Wife demurs without her Husband, because charged with conspiracy and combination, ordered to Answer upon Oath about June. 6. Car. Comes Danby contra Peele, a Release by the Husband shall not prejudice the Wife, to sue for her Jewels in 13. Car. and a Wife sues another in a friend's name. Keeling contra Bodley, Mich. 14. Car. Rowe contra Comitem Newburgh, 14. Car. Look in it otherwise, because separate. Comes Exon' contra Dom. Morley, how fare it binds an heir more than Common law, for payment of debts, 13. Car. To answer. Portman contra Popham, a Wife to answer without her Husband being beyond the Sea, in 11. Car. Batson contra Coney, the Defendant demurs that at the time of the Agreement, the Defendant was an Infant at sixteen years old, and now married, and so not bound, ordered to answer in Mich. 14. Car. and in Hill. 15. or 16. Car. Poole contra Harrington, or econ '. A Wife hath a stock for her own use and dies, who is buried by a friend without direction of her Husband, he that buries her must be at the charge, and not the Husband, in Mich. 14. Car. Roe contra Dom. Newburgh, a Feme covert cannot sue, unless there be a severance, this suit is for a promise in Marriage, after twenty years, the matter was dismissed, because the Plaintiff could not found Precedents suiting this case. in Trin. 15. Car. George's contra Chancie, a Feme Covert being separated, having an Allowance of two hundred pounds she improved it, and disposed of it by her Will, Mich. 15. Car. Clarke contra West, how far a man Non compos mentis shall be concluded by a Feme Coverts disposing of his Estate, in Mich. 15. Car. a case made and referred to Judges. Simpson contra Simpson, a man cannot sue his Wife, nor a Wife her Husband, in 3. Car fo. 394. Received 1000 l for her right yet not barred. Dookwray contra Poole, a man having three Daughters, intailes his land upon them after one of them married, and being a Fems Covert, with the consent of her Husband was contented and agreed, to take one thousand pounds in consideration and extinguishment of her right as Coheir, the Judges hold it to be no good bar to her, in Trin. 7. Jac. The Judge's Certificate. Feme sole. Feme sole before marriage conveys away her Estate to, etc. avoided. Povy contra Pert, the Plaintiffs Wife before Marriage, conveyed away her Estate to the Defendant being her Son, and after the Defendant conveyed the same to his Children being Infants, because (as the Court conceived) it was passed without any consideration it was decreed for the Plaintiff against the Defendant, and the Infants in 32. & 33 Eliz. lively B. foe. 430.454. & 484. Reserves power when feme revokes that not good A●w●d contra Stubbs, one Amy Pyms did cause one Light foot and the Defendant to enter into Covenants, and a Bond for performance to leave one hundred pounds to pay to such persons as she should appoint and if she did nominate none, than the some hundred pounds was to be paid to two grand children, after she caused the said S●●bbs and Light foot to cancel these Covenants and Bond, to make void this her intention yet decreed to be made good to the Plaintiff, in 10. Jac. or Car. lively B. foe. 442. Sues to set forth her Dower. Thomas contra Thomas, sues to set forth her Dower, 13. & 14. Eliz. Takes a Commissian, etc. Winter contra Dancie, feme sole only, takes a Commission to examine Witnesses, marries before Witnesses be examined and after examined whether the Depositions should stand, ordered to stand, 10. Car. Marries before an Injunction, etc. Webb contra Wise, a Marriage before an Injunction, the Court declares that it shall go and be revived notwithstanding no Bill of Revivor, 10. Car. Kempe contra Dom' Reresby, or econ '. The Lord Keeper declares that a woman cannot have Dower of a Trust, in M●ch. 2. Car. but compelleth the Defendant to Answer, who is Tenant to the land, to enable her to bring her Writ of Dower. A Farm with the lands usually set therewith to be , and the Scrivener put in the Farm with th'appurtenance, and than got a Lease himself to avoid it, Harbin & Straw. Fines. Fines. A Fine and Recovery got by circumvention, the party which got it, may be compelled in equity to recompense the party circumvented, As the Master of the Rolls was of opinion, at the hearing of the Cause between Welby and Welby, primo Mait 1595. Fines arbitrable for Coppiholders. Tenant Right. Middleton contra I ack son, in Hill'. 5. Car. one years moderate value. Popham contra Larcesse, Trin. 13. Car. monsieur contra Ducat, Mich. 14. Car. These after a Decree at York. Cooper ailas Staynning contra Blunt, A Fine arbitrable rated under value, 29. Eliz. lively B. or lively A. foe. 515. Stoner contra Smith, a Fine arbitrable rated at two years and a half rent, which was the higher, in respect of the multiplicity of Plaintiffs, 31. Eliz. lively A. foe 484. Tenant's de Accledon contra Kinnesley, 21. & 22. Eliz. lively B. foe. 86. Gittings contra Browe, 41. Eliz. lively B. foe. 486. Two years reasonable value. Lake contra Jetherell, Nou. 9 Jac. Two years' value. Atwood & Apsley, 41. Eliz. Tenant's de Gaddesden contra Carey, A years value, and book upon change of Tenant, and half a years value upon change of Lord, 4. Jac. lively B. foe. 435. Fox contra Huddleston, 4. Jac. lively B. foe. 204. A years value. Tenants Right. Watson contra Maihne, Mich. 15. Jac. lively B. foe. 328. one years' value. Nevil contra Albany, 12. Jac. lively B. foe. 768. Bear contra Seymor, Mich. 9 Jac. lively A. foe. 343. & Pasch. lively A. fo. 797. Dom. Gerrard contra Parker, 12. Jac. lively A. foe. 1404. Certain examined here. Elrington contra Whetstone, in 39 & 40 Eliz. To be paid before enlargement Eton contra Gwyn, 11 & 12. Eliz. fo. 206. The Defendant not to be released out of Prison, till he hath paid the Fine to the Queen. Levied by fraud by a Tenant five years past shall not bar. Farmor contra Smith, that a Fine levied by the practice and fraud of a Tenant at will, Copyholder, or a Terminor for years upon Covin, to bar the Lord of his Inheritance (though the Proclamation and five years passed without claim) doth bar the Reversion of his Inheritance or , 43. Eliz. lively B. foe. 367. Fined for putting in a long replication. Milward contra Welden, the Plaintiff for putting in a long Replication, was fined Ten pounds, and imprisoned, and a hole to be made through the Replication, and hanged about his neck, and he to go from Bar to Bar, in 8. Eliz. lively B. foe. 678. Thorold contra Thorold, 17. Jac. Wright contra Booth, the Plaintiff (being simple) was drawn to levy a Fine of his lands, levied by a simple man yet ordered to be restrained. yet ordered that the lands should be reassured, if the Defendant did not pay a valuable consideration or if he failed of payment thereof, than the said lands should be re-assured, 3. Juc. lively B. foe. 508. Lewis contra Vaughan, 4. Jac. lively A. foe. 835. Void yet relieved. Scambler contra _____, in May 13. Car. because a Fine was not levied according to Covenant, a power became void to make Leases, but decreed but the last Order, in 15. Car. Longman contra Hopgood, a Fine imposed for breach of a Decree, Trin. 6. Car. lively B. Imposed to take money and goods, etc. Russell contra Read, 11. Car. a Warrant to the Sergeant at Arms to go into the Fleet, and to take the Defendants money and goods to satisfy a Fine. Barker contra Shepheard, about Mich. 9 Car. a Fine imposed, and parties Pillored and imprisoned, and laid in Irons for abusing a man for serving a Subpena in the King's Bench. Moderated. Long contra Snagg this Court doth rate and moderate a Fine 12. Jac. fo. 157. Hopton contra Higgins, a Fine is not to be decided by witnesses but by Court rolls, and ordered to go to hearing upon them in 10. Jac. lively B. foe. 176. Thynn contra Carey, how far a Fine at Common law after five years, shall bar a title in Equity, 10. Car. Regulated by the most number of Court-Rolls. Barraston contra Walsh, whether Fines be certain or not to regulate the same the most number of Court Rolls to determine the same, and the time 14 Car. & Mich. 15. Car. Clarkeson contra V●gerons, half a years full value. Sacheverell contra Brimington, the Defendant pleads a Fine levied by a Lunatic, overruled in Trin. 15. Car. and an Order too for a Commission to examine whether a Lunatic or not. Sur Concessit reheved, etc. Ashfield contra Crispe, a Fine sur concessit after five years upon a Mortgage in Mich. 13. Car. Forgery. Forgery here punished. Barker contra Ireland & Morris, a person Sentenced in this Court for Forgery, in 8. Jac. lively A. foe. 1172. Feoffees. Feoffees a surviving joint Feoffee to make sale of lands, etc. Billingsley contra Matthew, the Court order the surviving Joint Feoffee, to make sale of lands for payment of debts aswell as if the other had been living in Mich. 12. ●ac. and before. In trust to be examined as, etc. Mildmay contra Com. Warwick, Feoffees in trust to be examined as Witness, in Hill. 1. Car. For Wife compelled to join. Air contra lenningsses, Feoffees trusted for the good of a Wife, compelled to join in sale of lands, in Hill. 2. & 3. Car. Clotworthy contra Hunt, Feoffees for a a Town, nor Recorder, to be examined, but for matter of fact, Trin. 2. Car. Feoffement. Liddalls' contra vanlore, about an Occupant to uses, or a Feoffement in trust, 2. or 3. Car. Dux Buckingham contra Paul, in Mich. or Hillar. 5. Car. Lilley contra Gilbie, Mich. or Hill. 5. Car. to compel a man to execute a Feoffement. Forfeiture. Forfeiture of a Copyhold relieved. Poor contra Oxenbridge, although a Tenant hath forfeited her Copyhold, yet relieved here, in 9 No. 44. Eliz. Whistler contra Cage, Pasch. vel Trin 7. Car. Goods. Goods. POpham contra Hinton, to go into the personal, and whether a statute be goods, and betwixt goods Inventoried and a peraporconalia. How far shall go into estate, after it was in Orphans Court. Haynes contra Child, concerning the contingency or Goods, 9 Car. Leate contra Turkey, Company of Merchants, if a Consul beyond Sea hath power, and do levy Goods upon a private Merchant, the Company must bear it, if the Factor could not prevent the Act of the Consul, Hill '. 1630. Heir. Heir is not bound by the Father's bargain. THe Heir is not in Equity bound to assure lands, which his Father bargained and took money for, Weston contra Danvers 1584. Of a Mortgager not to be relieved. Michill contra Chamberlain, in 7. Car. an Heir of Mortgagee not to be relieved after several dismissions and Decrees unless can prove an extraordinary value of the land. Porter contra _____ in 11. Car. one Brett provides, that his Heirs, Executors, or Administrators, shall have power to redeem lands, the Plaintiff is neither, but as an Assignee from Brett, yet shall have power. Breach of condition helped against the heir. Salmon contra Vaux, an Heir at Law seeks to take advantage upon breach of Condition, because Legacies were not paid according to the Will, but because there was an intention to pay it, and an Agreement between the Sisters, decreed against the Heir, in 11. Car. Archer contra Partridge, 9 Car. Cook contra Tookey, Pasch. 15. Car. by great advice. Bound by his father's Covenant though claims not by descent. Pooke contra Poole, the Defendant coming in by grant and not by descent from his Father, 'tis pretended he aught to be bound by the Father's Covenants and as Executor hath no Assers, yet ordered to be liable, in Mich. 14. Car. Husband. Husband. The Master of King's College in Cambridge contra Ragland, the Defendants Wife would not bring in Evidences according tö an Order, the Husband was bound that she should do it, 4. Eliz. lively A. foe. 73. Ackland contra Dom' Perriam, the Plaintiff marrying one Malletts Widow, who made a Conveyance to the Defendants Husband in trust and received the profits of the land accordingly, but died before any satisfaction made the wife being sued demurs, because the Plaintiff doth not sue as Administrator, and that the profits were received before she was married to the Defendant, nor hath made any title to himself to the goods of the said Mallett, which notwithstanding was overruled in 9 Jac. lively A. foe. 78. Dom. Griffin contra Tailor. 3. & 4. Car. the Court ordered a man to procure his wife to acknowledge a Fine of Mortgaged lands. Induction. Induction Web contra Smart. 5. jac. lively A. foe. 302. the Plaintiff being inducted to a Parsonage, the Defendant notwithstanding keeps the possession by force; whereupon the Plaintiff was enforced to prefer his Bill in this Court but the Defendant Demurred, because the Vicarage is as his Freehold and Inheritance, and so properly determinable at law, yet the Demurrer overruled. Bird contra Smith, 3. jac. lively A. fo. 819. Infants. Infants. Copyhold surrendered to the use of an Infant, to the intent he should pay an Annuity to another at full Age, which he refused to do, and it was decreed he should pay it, and the Arrearages. Sawyer contra Gillet, 9 Eliz. Bound. In a cause between the Lady Russell and the Earl of Lincoln, the Plaintiffs Council moved the Court, to give Order against the younger Earl of Bedford being an Infant, Vouched a case, 11. Nou. 6. Eliz. lively B. foe. 426. Between Altham and the Lord Morley, where between the date and sealing of a Conveyance, the Lord Morley conveyed the land to an Infant, wherefore Altham had order against the Lord Morley and Infant, an Infant concluded 6. Jac. 36. Eliz. Preston. Trin. College & Wood in lively A. fo. 330. and a bad Lease in and Wester and Talpitt, 37. Eliz. lively B. foe. 206. Infants bound till they come to Age and undo it by a Bill. Burch contra Morris, Land conveyed to Feoffees to the use of an Infant bound in 5. Jac. lively A. foe. 323. Oliver & King contra Challinor, the Plaintiff being an Infant, was committed to the Prison of the Fleet, for not obeying a Decree, 11. & 12. Eliz. lively A. foe. 213. Digman contra Hamond, 12. Eliz. fo. 356. the Defendant made secret Conveyances (depending the suit) to defraud the Plaintiff being an Infant, the defendant bound by Recognizance to discharge all Estates so made. Made Executor to prevent payment yet liable. Dom. Leppington contra Barnes, the Plaintiffs Husband made an infant Executor to prevent payment of debts not fit to undertake it, but another Administrator for him during his Nonage, yet liable for payment of debts in Mich. 9 jac. fo. 362. & 1092. To answer. Hare contra Hid, a Bill preferred against an Infant, and he ordered to Answer, Hillar. 3. Jac. & Pasch. prox'. Bound by Decree. Wadham contra Moor, an Infant bound by Decree, albeit he was but twelve years, 37. Eliz. lively A. foe. 489. Wood contra Norton, a Demurrer, because sues not as Guardian, but because as prochein Amy, ordered to Answer in Hill. 2. Caroli. To ●examine a Guardian. Hill contra Hill, in 7. Car. to examine a Guardian as a Witness. Young contra Stowell, concerning the granting of an Office in Reversion to an Infant, 8. Car. Rayner contra Rayner, in 13. Car. How fare an Infant shall be bound to give a legal discharge of money due to them. Rivers contra Comit' Dorset, how fare this Court shall bind an Infant by consent of Parentage, in 6. Car. May surrender. Lyde contra Somister, the Manor of an Panington, an Infant of twelve years may surrender, Trin. 15. Car. Hartwell Contra Ford, a lawful age of Infant shall be intended twenty one years, unless in a particular case of Guardian in soccage 11. Car. fo. 341. Enclosures. Enclosures. Piggot contra Kniveton, 4. jac. lively B. foe. 101. because lands had been enclosed thirty years by consent of most of the Parishioners, therefore they should continued enclosed. Comes Huntingdon contra _____ in Hill. 8. jac. Cartwright contra Drop●, the Court compels certain men that would not agreed to Enclosures to yield unto the same, and binds a College that would not consent, having lands within the said Manor so enclosed, Mich. 17. jac. lively A. foe. 549. Another between the Prebends and Scholars of Magdalen College in Oxon contra Hid, compelled to an Agreement, Pasch. 10. jac. lively B. foe. 826. & 10. jac. lively A. foe. 426. Danvers contra Dodford, concerning Enclosures, june 7. jac. vel Car. foe. 995. Eton contra Hill, 16. jac. lively A. foe. 981. Morgan contra Clarks, 5. Car. lively B. Cripps contra Clamour, 17. jac. Tirwhit contra _____ 15. jac. lively B. foe. 480. Enclosures. Freak contra Loveden, Enclosure of Wastes and Common Decreed being for the common good, 12 jac. lively A. foe. 372. Decanus & Capit Westm' contra Eldridge, Maii 15. jac. lively B. foe. 892. Fleetwood contra Lenton, about 5 or 6. Car. Monson contra Broxholme, Trin. 11. Car. vel jac. lively B. Tiffin contra Harris, 6. Car. Gilpin contra Hillersden, 20. jac. lively A. foe. 887. Barkley contra Evet, concerning enclosure, where some not consent, are compelled, 8. Car. Trigg contra Payte, A Decree made to overthrew Enclosures if the Defendant will not recompense the Plaintiff so much as he hath been prejudiced by the Enclosure being a depopulation, although a remedy at law upon the statute, in Mich. 20. jac. & Mich. 22. Jac. Capella de new Elmes contra Erbury, Demurrer overruled where a Parson will not answer, nor be compelled to an Enclosure, though for common good, in 5. Car. lively A. foe. 461. Ingram contra Wells, the Court will not bind a man to an Enclosure that never assented, 2. Car. Fox contra Shrewsbury, the Defendant, because agreed to an Enclosure, but after disassented, decreed according to the Agreement, 13. Car. Theed contra Hamwell, two Inhabitants, no parties to Articles for an Enclosure, in Mich. 2. Car. Wright contra Stamford, my Lord Keeper will not confirm Articles upon an Enclosure, unless the same Arable way be maintained as before the Enclosure, 10. Car. Dom. Lumley contra Sands, an Agreement fourteen years since for good of several Towns and highways set, Decreed in Hill. 14. Car. Moreton contra Winton, enclosing and continuing of Enclosures, and stinting of Cattles, in 12. Car. Interrogatories. Interrogatories not admitted after a Commission. Berryman contra Berryman, not Interrogatories admitted here in Court after Commission taken away to cross the Plaintiffs examination, Mich. 13. jac. lively B. foe. 27. Lewis contra Owen, examined in Court upon new Interrogatories if it be joynt-Commission, Mich. 13. Car. Interest. Interest. Weldon contra James, if a Surety payeth Brocage, in some cases Interest upon Interest allowed, 14. Car. Injunctions. Injunctions. Cock shot & Park, an Injunction was against the Plaintiff, and all claiming under him, to suffer the Defendant to enjoy possession, one Wilkinson bought the Lease which Cockshat the Plaintiff claimed by, and than to avoid the Injunction, took a Lease till it should be seen how the old Lease should be avoided. Servington contra Webb, 12. Eliz. lively A. foe. 176. An Injunction for possession, because the Defendant would not perfect assurance to prevent a mischief. Barkley contra Pierson, an Injunction to stay proceed at law upon triple damages, notwithstanding the cause dismissed to the Ecclesiastical Court, Trin. 17. Jac. Buck contra Wood 12. Jac. lively B. Against Crediters. Tiffin contra Tiffin, Hill. 17. Jac. An Injunction against Creditors, although none have, about Trin. 16. Jac. or after. Finch and his Creditors in Hill. 17. Jac. Finch cont' Hicks, Hill. or Pasch. 17. Jac. Sine die. Troit contra Wallen, Injunction sine die awarded, and the money unjustly procured, restored, Mich. 12. Jac. lively B. foe. 322. An Injunction to stay proceed in the Spiritual Court, 30. Eliz. lively A. foe. 528. or 28. Catwallell contra Wynn, an Injunction to stay Judgement and Execution in the Exchequer, Hill. 35. Eliz. Episcopus Hereford contra Carpenter, an Injunction to stay proceed after a Judgement, the Defendant taking out Execution notwithstanding is in Contempt, Trin. 6. Car. Fisher contra pain, about 6. Car. Parker contra Bowers. Uvedale contra Harvy, & Beaumont contra Harvy, all in 7. or 8. Car. and to stay proceed in the Ecclesiastical Court. Treswell contra Guibon, 9 Car. an Injunction to stay proceed in the Exchequer. Miller contra Societat Girdlers, an Injunction to stay suit upon an Action brought for perjury, before the cause in question here heard, 22. Eliz. lively A. foe. 497. And concerning a promise to make a Lease from the Corporation. Knight contra Parson, an Injunction for stay of a suit at Law in an Assize for Writ of Redisseisin, touching the Office of Chester Herald, and the profits thereof, in 10. jac. lively B. foe. 177. Hewes contra Blewet, an Injunction to stay proceed upon a Quare Impedit, in 10. Car. fo. 202. Curteen contra Heveene, Marsh grounds stayed from ploughing, Hill. 8. Car. Aylett contra Aylett, an Injunction to stay proceed in the Arches or Admiralty, 33. Eliz. fo, 172. Smith contra Snotsbull, an Injunction to establish possession, and to stay suits in the Court of Wards, and an Attachment awarded for serving an Order of the Court of Wards, to stay suit here, in 33. Eliz. fo. 176. Tanfield contra Davenport, the Defendant sues in the Ecclesiastical Court for a Portion due to his Wife, this Court order an Injunction to stay proceed there, till he shall make a competent Jointure in 14. Car. Shelton contra Stanley an Injunction and Commission to the Sheriff by one Order of 13. or 14. Car. Dominus Baltimore contra Reynell & Sands an Injunction to quiet possession such as at Bill only, Hill. 15. Car. Arundel contra Arundel, an Injunction granted against the issue in tail, to stay the reversing of a Fine levied by himself, and (I think) his Father also, in 40. Eliz. lively A. fo, 270. & 640. Bury contra Conisby, a Verdict at the Common law to avoid a Lease for three lives, because the Lease was to commence at a time to come, which is void in law, yet an Injunction to continued possession, 23. Eliz. lively A. foe. 38. Judgements. Judgement. Upon Affidavit, endeavour used to have served Process to hear Judgement and could not found the Defendant, the Court proceeded, Windham & Harwood. A Judgement no to examine in Equity, so the truth of the Judgement not examined, as where Judgement against the truth of an Acquittance without a seal, or where the money paid after the day. Herd contra Doddington. Owen contra Dom. Deancourt, a Judgement of a Debt, and a Fine to a Purchasor, acknowledged all in one day, the Judgement to be preferred. in 4. or 5 Car. Godshall in Mich. 5. Car. for assigning of a Judgement for Contribution. Judgement at law decreed here. Comitissa Winchelsea contra Tuston, concerning signing over Bonds. 6. Car. lively B. Allen contra Glomvile, 4. Jac. a Decree after Judgement at law. Courtney contra Glanvile, 10. jac. lively 1. foe. 474. jointure. jointure in money not to be touched for husband's debts. Ash contra Dom. Forrest, a Jointure in money not to be touched for the debts of her Husband, Mich. 9 Car. Nash contra Preston, concerning a Joyntrue, and not the enrolment of a Deed supplied in Pasch or Trin. 6. Car. and Judges Certisicate. Knivet contra Raxter, a Jointure in money or lands, the use thereof in equity shall go to the payment of debts. Pawlet contra Dom. Malburgh in 8. Car. Knightley contra Bevill, in Mr. Church-hills note of Trin. 8. Car. Palmer contra Cleveland, the contrary, in Mich. 8. Car. Dom. Howard contra Comit' Nottingham, a Jointure confirmed although by Tenant. Mich. 9 Car. & Pasch. 7. Car. The order upon hearing. jurisdiction. jurisdiction of Chester allowed. Davenport contra Deane, the Court will in no wise retain a suit of the lands which lie in the County Palatine of Chester, 12. & 13. Eliz. fo. 399. Monshall contra jewce, in 17. Eliz. Daniel contra Jackson, Nou. 17. Eliz. Cleeve contra Brooke, 15. Eliz. Bradley contra Browne the like 15. Eliz. fo. 400. Wentworth contra Taccon, in 16. Eliz. Dom. Savill contra Savill, concerning the Custom of the Province of York, in Mich. 1634. This Court not to be stayed by an Injunction out of the Duchy. Barnard ontra Langley, in 1633. Tenants of Barwick contra Caesar, Decree here, after a Decree in the Duchy, because it was ordered they had no Jurisdiction, the lands being out of the Duchy, but held of East- Greenwich, 8. Car. Levingston contra _____ about 10. Car. Of Cinque Ports overruled. Against the Stannaries. Scofield contra Finch, Feversham Privilege overruled, in 25. Eliz. lively B. foe. 131. Trinick contra Bordfield, to stay proceed in the Stannaries, in 14. Car. Dom' Scroop contra Lasonby, De positions taken at York to be used here, Pasch. 2. Car. Against the Court of Requests. Simonds contra Harbie, this Court declareth that the priority of a suit in the Court of Requests, shall not hinder the proceed in this Court, in Hill. 15. Car. Tollakerne contra Steward, a Demurrer because the matter was dismissed in the Court of Requests, upon a full hearing overruled, in Hill. 15. Car. Askwith contra Chamberlame, though one Miller (no party to a suit here) preferred a Bill in the Court of Requests, an Injunction awarded to stay proceed there, in Pasch. 16. Car. joint-tenancy. joyntenancie. Dorne contra Dorne, concerning the disposing of a joint-tenancy, in 5. Car. Pettit contra Styward, Two joint-tenants, one by Will giveth his part good in equity, and whether a Wife of a Feoffee shall have Dower or not, in 7. Car. Inventory. Inventory. Howet contra Baker, in Pasch. 15. Car. Where the Defendant did not exhibit an Inventory, the Court chargeth the whole Legacy on him after twenty years, though pretended not sufficient. Land. Land sold away and tenure reserved. WHere new annexed Land is sold away in Fee, and a tenure in Capite reserved, it is pleadable here, Crompton contra Clifford, in Pasch 37. Eliz. lively A. foe. 128. Skinner contra Skinner, in Trin. 42. Eliz. the Father of the Plaintiff and Defendant, Devised certain Lands to the youngest son, which he purchased, the eldest son suing for the same, is decreed according to the Devise. Thynn contra Kinsmell, Money devised by the Plaintiffs Father to the Plaintiff, out of certain lands which were to be sold by the Defendant, the lands were entailed, and provided, that if the heirs went about to cell the same, it should be void, being against the statute of 32. H. 8. It is ordered to be sold in 38. Eliz. lib. B. foe. 97. and concerning a discontinuance. Manwayring contra Dudley, the Plaintiffs Wives Father made a Feoffement to uses for thirteen years, to raise Portions of four hundred pounds for his Daughters, the Father being dead, the Feoffees suffer the son and heir to enter into the said land, and sold the same, and yet after a descent, after the death of the first Purchasor, at the third hand, although the money be due, yet the Court would not charge the lands with the said money, the Example being dangerous, in Hill. 43. & 44. Eliz. lively B. foe. 306. Hungate contra Hungate, the Plaintiffs Father being a Bachelor, purchased an Estate in the Defendants name, but after having issue, the Plaintiff, the Court decreed that the lands should go to the Plaintiff, and be reassured by the Defendant, in 4. or 5. Jac. fo. 1070. Bowell contra Hancocks, a Purchasor discharged from a statute in 11. Jac. lively A. foe. 344. 7. H. 7.10. A. Had lands descended to him in ancient Demesne, extended by statute Merchant, B. purchased the lands, and had a Recovery by sufferance, in the Court of ancient Demesne upon a Voucher, and ousted A. A. brought a Subpaena, and it was holden that A. could not satisfy the Recovery, and therefore should be restored to the possession by the Chancery, for he had no remedy by law, where, notwithstanding a double Judgement, yet the Judges directed them to the Chancery. Bugs contra Sumpnor, 8. Junii 43. Eliz. Lands given for the discharge of poor Inhabitants of a Parish, for discharge of Fifteen and Taxes, with a proviso, that the Rents should not be to the discharge of gentlemen's lands of the Parish, but of poor men's only, the Defendant being but a Yeoman (though he have purchased some of the gentlemen's lands, and sought to have benefit of the gift) yet not allowed in 8. Junii, 43. Eliz. Townsend contra K●lmurrey, Feesimple laud purchased by the Father, and descended to the Son, this land shall not be Assetts in law, nor equity to pay debts, 13. Car. The Countess of Exeters' Case. Episcopus Heref. contra Awbury, where the quantity of a yard-land is not known, a Commission to set out so much land as the Commissioners shall think fit, upon common intendment, in Hill. 14. Car. Eborall contra Hunt, Lands passed in a Feoffement more than was meant, was helped in equity, notwithstanding a Verdict and Judgement at law, supposing some circumvention. Hire contra Wordall, lands Devised to be sold and the money thereof coming should be devised to Children, but the lands could not be sold because there was none appointed by the Will to cell the same, yet ordered to be sold, and the Lease was for a thousand years, which is most commonly to prevent the King's right, in 39 Eliz. lively B. foe. 134. Lease. Lease defective not supplied in equity. A Lease containing a Mossuage in the demise but land also in the habend ', which land had been many years enjoyed accordingly, yet the Lord Chancellors opinion was, no continuance would make a void Lease good, especially against a Purchasor, Meld contra Cooper in 25. Eliz. Bradshaw contra Bradshaw, in 16. & 17. Eliz. lively A. foe. 309. Collins contra Syms, look from Febr. 26. Eliz. lively fo. 358. Ellis contra Beswick, the contrary, 36. Eliz. lively A. foe. 654. A Lease devised to one for life, with several Remainders over to others, the first Devisee was compelled to enter Bond, to let it go according to the Devise, but if it were for a perpetual Chattel, the Court would not have done it. Price contra Jones, 26. Eliz. fo. 599. Alston contra Easter, Trin. 7. Car. jones contra Frederick, 12. Jac. lively B. foe. 303. the Court will not charge the Administrator of an Executor. Smith & Gawdy contra Compton, 14. Nou. 41. & 42. Eliz. Tudnam, the contrary Tudnam contra Glanvile, 36. Eliz. lively A. foe. 396. Long leases dismissed. No relief in Equity touching Leases of one thousand years, because they tend to defraud the Crown, in 39 & 40. Eliz. Risden. & Tuffin. A stranger having a Lease before a Decree, which was not bound thereby, and the same Lease being overwrought by a Statute which was bound by the Decree, bought the extent of the statute, and therefore his Lease was thereby bound by the Decree, so long as the Extent should have continued, if it had not been bought. Arden contra Hanbury, or e contra. Leases made by Deans, Canons, or Colleges, etc. for one and twenty years, or three lives are here relieved. Simeon contra Decanus de Windfor, Trin. 15. jac. lively A. foe. 1177. Long ●o troth Decanum Bristol, 3. Car. Episcopus' Dun●lm● ' contra Martin, Trin. 5. Car. Comes Oxon' contra Gooth, Pasch. 14. jac. Derham cont' , Mach. 10. Jac. lively B. foe. 64. the contrary. Monsen contra A●scough, the Defendant upon an Award did Covenant, that the Defendant and his Wife should make a Lease void of all Encumbrances, yet after denied, and pretended, that a former Estate was made to his Children, so that it was not in his power, and broke of the Sale of the said Agreement or Lease whereby it was void in Law; The Court ordered the award to be performed to all intents and purposes, 11. & 12. Eliz. lively A. foe. 510. And afterwards for not performing the same, was committed, 12. & 13. Eliz. lively A. foe. 204. And afterwards he was to become bound by a Recognizance to yield himself to the Prison, which he did not do, therefore the Plaintiff might, and was Licenced, to take Execution upon that Recognizance, eodem folio 328. Golding contra Tuffin, a Lease for many years, although it be entailed to many in Remainder, decreed to be sold for payment of debts, Mich. 10. jac. The like 17. Jac. Hubbard contra Hare, lively A. 944. Harvy contra Withers, in Pasch. 24. jac. Entailed lands sold for payment of debts. powel contra Moultor●, a Lease entailed not subject to debts▪ though the Lease or Assignment supposed to be void because intended, and the Defendant to pay debts out of the personal estate, 5. June, 3. Car. lively B foe. 1441. Chambers contra Gregory, a Lease made for years, and a Statute for quiet enjoying, the Statute was delivered with the Lease, but not assigned; Whereupon the Assignee of the Lease, procured Letters of Administration of the goods and chattels unadministred, of the cognizor of the Statute and extended the same, which Administration being repealed and granted to another, the Court and Judges ordered th' estate by that Statute to be determined, 22. No. 9 Car. Birkenhead contra Birkett, a Lease made for forty years, by the Master and Brethrens of the Hospital of Saint Katherine's, allowed for good, Hill, 1632. Bampton contra Freak, a Decree to restrain the Defendant from selling of a Lease contrary to the intent of the Ancestors in Octob. 9 Jac. Huddleston and Lamplugh, concerning a Lease attending upon an Inheritance and concerning the disposing of the same, and likewise of a Trust, in Pasch. 6. Car. lively A. foe. 769. straddling contra Smith, where a Lease is made to Feoffees, to the use of the Wife of the Feoffor, the Feoffor and Wife Covenants, that they will levy a Fine to extinguish the rent, which was done accordingly, not mentioning a Leas of one hundred years, which was made over to the said Feoffees to her use, the Court decreed that the Lease should be canceled, 1. Car. lively A. foe. 182. Kitson contra Williams, a Lease made good, though a former conveyance to Feoffees in trust and concerning a springing use supplied in this Court, and raising of daughter's Portions by the Feoffees, in 6. jac. fo. 618. Comes Oxon' contra Neeths, 13. Jac. lively A. a Lease made by a College contrary to the statute 13. Eliz. (though a Demurrer) and the Defendant would not Answer, yet the Court proceedeth after the Demurrer certified not good, the Defendant' stood● in Contempt, the Plaintiff was admitted ●o proceed to his proof without Answer, And it was in Jonnings Case contra Tailor, in 38. & 39 Eliz. and the Bill was taken pro Confesso, and this after a Verdict and Judgement at law, upon a statute law. The law of God speaks for him, Equity and good conscience speaks for him, and the Law of the Land speaks not against him, Deut. 28. 30. this was too for building upon a voidable Lease and improvement in London. Rumney contra Garnous, 16. Junii, 36. Eliz. a Lease made to two during their lives, and after to the use of such of the Children begotten by Peter Rumney, this being without any express conclusion what child or children, the construction touching the uses, is to be made as near as may be, to the meaning of the said parties, who conveyed the same to uses. Lease paroll. William's contra Moon, concerning a Lease Paroll. 23. or 24. Eliz. lively A. foe. 624. Bullon contra Scivell, a Decree against a Lessee of a Prebend, to build a house upon the Prebend, where none was when Lease was made, because in the Lease, a house was demised, Mich. 14. Jac. Gage contra Scory, Hill. 5. Jac. lively B. foe. 878. the Plaintiff being possessed of a Lease from the King being defective, the Defendant would have avoided it, by Composition with Commissioners for defective titles, yet relieved here, or any Estate whatsoever in like cases. Harry contra Half, in Hill. 5. Jac. fo. 466. lively B. either for years or for Dower. Windham contra Bartram, Febr. 11. Jac. Blackell contra Brooke, julis 4. Car. Stiles contra _____ in Mich. 3. Car. how far a Lease for life, shall be Assetts in Equity. Barton contra Mewed, 25. Eliz. lively B. foe. 35. a Lease was made to one, before the expiration of a former Lease, though great question among the Judges, yet determined to be a good Lease. Brooke contra Decanum & Capit' Ecclesiae Cathedral' in Oxon', & Daniel the Defendant (by mistaking of a Clerk) in this word, that the Demise, by consent of the whole Chapter of the same house have Demised, where it should have been the Dean and Chapter, in 37. Eliz. lively A. foe. 552. Dominus Awdley contra Sidenham, in 32. Eliz. lively A. foe. 251. Taylor contra Slecombe, in 2. jac. lively A. foe. 749. Ellis contra Beswick, 36. Eliz. lively A. foe. 537. a house or Tenement edified upon a Marsh leased with th'appurtenance, the Marsh passeth not by law, yet helped in equity against the Heir. Prince contra Green, A Lease made to the Defendant by Tenant in tail for forty years, and to commence at a time to come void in law, yet helped in equity, and the intent of the party performed, in Trin. 40. Eliz. lively B. foe. 111. Little john cont' Fortescue, the Defendant was required by the Court to consent to a Decree, if the refused, than it should be judicially against him, that the Plaintiff should enjoy the Leases made by the Defendants Father, which he supposed were void in law, 36. Eliz. lively A. Preston contra Wood, the Plaintiff, and Trinity College being Leassees from the Defendant, he knowing the lease to be void for not right naming of the Corporation, in 36. Eliz. lively A. foe. 330. Leasee. Leassee. By the Judge's opinion, a Lease is good though no Leasee is named in the Demise, but in the Habend. Buller contra Doddington, 22. Eliz. lively A. The Court compels a Leassee for years, to discover what Estate of a Conusors', to the end it may be liable to a statute 25. Eliz. it is between Titchborne and Doddington. Snagg contra Snag, 34. Eliz. lively B. foe. 394, to show commencement, term, things Demised, Rend, what days of payment of Rent, and Covenant. Legacy. Legacy given upon Condition not to marry without friend's consent, refuse to pay yet ordered. Called in question after 60. years dismissed. Yeluerton contra Newtort, 36. Eliz. lively B. foe. 101. The Plaintiffs Wife had given her by her Father Will; Three hundred pounds, Conditionally, that she should not marry without the consent of friends, refused to pay, yet ordered. Simons contra Lee, a Legacy called in question Threescore years since by Bill in this Court dismissed in April 11. Jac. Wilcox contra Cole, about 19 jac. White contra Simpson, Legacies to particular Legatees, and the surplusage to the rest of the kindred they shall be limited to the fourth degree, and a time appointed to come in, or else excluded, in Hill. 5. CarGipp contra _____ in Mich. or Hill. 6. or 7. Car. April 8. Car. and if suit hath priority here, to reverse a sentence in the spiritual Court, and in Mich. 3. Car. my Lord allows twenty Marks for money detained in the fame cause. Comes Pembroke contra Zouch, a Legacy decreed in Mich. 7. Car. Holme contra Fletcher, concerning a Legacy, in Mich. 2. Car. Vitner contra Pix, a Legacy given to a Daughter, upon condition, that she should behave herself dutiful towards her Mother, she married without the consent of her Mother, whether this be a Breach of Condition to avoid the Portion, in 14. Car. Legatee. Legatee. Wasby contra Johnson, how farre a Release shall bind Legatees, when they know not the Estate. in 14. Car. Lunatic. Lunatic. Bonner contra Thwaits, the Court will nor retain a Bill to examine point of Lunacy, 10. jac. lively B. foe. 358. Thomas contra Howorth, a Lunatic to Answer by his friend, in Mich. 15. Car. Marriage. Marriage. WIndham being a Widow, had a Judicial Order, and a Commission to make proofs and after she married, no Bill of Revivor needed Pasch. 37. Eliz. Leech contra Radford, concerning casual Matches, in Trin. 7. Car. Regis. Mistaking. Mistaking The mistaking of a name of a Corporation helped in Equity. Lord Audley contra Sidenham, in 32. & 33. Eliz. fo. 251. But Willis, and Sprint contra 19 Junii 33. Eliz. & Brooke & Daniel 38. & 39 Eliz. hospen. Pawlet contra Fry 26. Maii 42. Eliz. Goodfellow contra Morris, the mistaking of a name in a Conveyance (being heir-male) helped, and lands to pass according to the intent of the party; in the latter end of Mich. Term 16. jac. lively A. foe. 350. Mistaking by the Clerk amended according to the Record, Inter Culpepper & Decanum & Coll'Winton, in 4. & 5. Edward 6. fo. 440. Bleverhasset contra Fuller, the Plaintiff makes a Lease of lands to the Defendant with a meaning, that all Woods growing thereupon, should be excepted, saving for necessary boots, but by the mistaking of the Clerk, in putting in (hereafter excepted) where there was no exception afterwards excepted; Whereupon the Defendant cuts down the Woods, yet ordered to be stayed, in 37. Eliz. fo. 746. & 828. lively A. Griffin contra Sayer, the Plaintiff became surety for the Defendant to one Buck, in a Bond of one hundred pounds, and the Defendant giving a Counterbond, to save the Plaintiff harmless of a Bond of two hundred pounds, whereby, by the mistaking, the Counterbond was void by law, yet relieved here, lively A. 10. & 11. Jac. fo. 890. Orrell contra Leake, concerning a mistaking of a power, yet made good to the Lessee, in 20 Junii 6 Jac. Comitissa Oxon' contra Stanhop, where a power is mistaken or misrecited, relieved here, Trin. 8. Car. The word (Heir) left out in the clause of a Reservation, supplied in equity. July 1606. Baildon contra Church. Thorpe contra Jackson, misprision in a Counterbond, 13. Eliz. fo. 193. Mortgager Mortgagee. Mortgager, Mortgagee. The money paid upon Mortgage, the Mortgager sueth to have the Deed again, and not admitted, because than he may charge the Mortgagee for profit past. Langford contra Comit' Salop'. 38. & 39 Eliz. & 4. Eliz. Hammer contra Lochard, a Mortgager relieved after the day of Redemption, notwithstanding it was in Infant's hands, and a Purchase, Trin. 10. Jac. lively B. foe. 1000 Ball contra Spane, 10. jac. fo. 1151. Chanticleer contra Micheton, in 27. & 28. Eliz. lively A. notwithstanding the Mortgage, lands were alleged to be, etc. Beale contra Bradford, 15. or 16. jac. lively fo. 229. Holman contra Vaux, about 13. jac. the Mortgagee to account for the profits received, and for the use of those profits. Mortgage money whether shall go to the Executor or Heir. Popham contra Hinton, about 3. or. 2. Car. and in 21. jac. Maynard contra Middleton, in Hill. 7. Car. & Pasch. 8. Car. Pell contra Blewet, concerning a Mortgage, and how the Mortgagee shall account for profits received, and what casualties shall be allowed, and whether any, in 6. Car. lib. B. Mortgager & Mortgagee, (during the Mortgage) contracts with another, the Mortgagee had notice, if the Moiety be paid by a stranger. Hatton contra Prince, 24. Eliz. Wallet contra Lewknor. Bacon contra Bacon, the Court will relieve a Mortgage to the tenth generation, though the Purchasor had no notice, because it is supposed that he cannot purchase, but it must be derived from the Mortgage, and in some cases, where the Mortgagee will suddenly bestow unnecessary Costs upon the mortgaged lands, of purpose to clog the lands, to prevent the Mortgagers' redemption, my Lord's Declaration in Churchills note in 15. Car. Mortgage. Barnaby contra Greene, Mortgage the Plaintiff mortgaged lands to the Defendant, which was forfeited, and a statute for performance of the Bargain, ordered to be reassured, and statute to be redelivered, 9 jac. lively A. foe. 218 & 160. The Court decreed money to the Plaintiff against the Defendant, albeit he had Judgement and Execution, being upon the point of usurious Contract, and a Lease being become forfeited, and the Mortgagee devifed the same to Infants. The Court was of opinion, that the Plaintiff should have it again paying the money. Langford & Barnard 37. Eliz. & 28. Ash contra Wood, & Maynard contra Middleton, a Citizen having a Mortgage forfeited to him, shall be put to the Dividend, and not to the Heir 7. Car. St. john contra Grobham, decreed to the heir Trin. 11. Car. Chapman contra Porter, with advice of Judges about Mich. 17. jac. Landen contra Cotten in Pasch. 13. Car. Bromley contra Dorell, a Mortgage forfeited Twenty four years since, Demurred, yet overruled. Thetford contra Parr, 8. Car. Thetford contra Rowe, & Rowe contra Thetford, in 10. Car. lively B. foe. 210. after thirty years. Flee contra Drake, about 10. Car. where in case of an Infant, etc. Harbert contra Benion, 14. Car. Keeble contra powel, notwithstanding lands forfeited, and a Release Mortgage relieved in Mich. 2. Car. Keeble contra _____ Mortgages forfeited and released, yet to pay full value, or to re-assure the land, in 13. Car. Newborough contra Freak, in 40. Eliz. dismissed in 7. Car. Fitzherbert contra Leech, Mich. 14. Car. White contra Pigeon, a Demurrer, because the Bill is to be relieved for a Mortgage after 41. years, but in respect there was a promise to be redeemed after 27. years, in Trin. 15. Car. relieved. Money. Money. Prat contra Awborne, Money delivered out of Court in nature of a Sequestration, 3. Car. With contra Page, the Money after Execution, to remain in the Sheriff's hands till the hearing, Hill. 8. Car. Ladk in contra Saokvile, Money decreed to be delivered to the Plaintiff out of other men's hands, in the nature of a Sequestration, 11. Car. Carew contra Peniston & Hales, if Money be let out without expression of interest, shall pay none, but if the Trustee let it out to supposed able men (though they fail) will not charge the Trustee for no more, than he received in 13. Car. Poole contra Harrington, Money by consent of the Husband, put forth for the use of the Wife, and giveth power she shall dispose thereof accordingly, but not allowed, in Mich. 14. Car. Ne Exeat Regnum. Ne Exeat Regnum awarded. Ne Exeat Regnum awarded by this Court, at the suit of men in suit between party and party. Welby contra Welby in Trin. 19 Jac. fo. 1159. Hasell contra Badwick, in 32. Eliz. lively A. foe. 442. Lee contra Bower, Trin. 19 Jac. lively A. foe. 1155. Oaths. Oath. WEldon contra James, in Mich. 14. Car. A man may depose for small disbursments which he can not make proof of. Orders. Order. One helped in Equity to that whereof he was in law barred by his own act. Tamworth contra Tamworth, the rent suspended by an Entry, and in Equity, ordered to be paid about 30. or 31. Eliz. Price contra Lloyd, about 16. jac. About 2. Car. Carew & Gill, a Fine engrossed before (Quid Juris clamat) and yet was stayed about the same time. Hallitey contra _____ in 2. Car. The Defendant hath pleaded Non est factum at law to a Bond of 400 pounds for payment of fourscore pounds▪ which passed for the Defendant, the Plaintiff surmises, that after trial the Defendant promised payment of the eighty pounds, and the matter was retained, but the order for it was not entered, but it is in my note of 35. Eliz. 18. Maii, Sutton contra Sutton. Welbie contra Ap-Rice, the Court doth order, that the Plaintiff and Defendant shall be examined for discovery after or before hearing, in Mait 37. & 38. Eliz. fo. 176. Mascall contra Shelley, it was ordered, that the Defendant should pay unto one Matthew, money, who died before payment, yet the Defendant should pay it to his Executors according to the former Order. 11. & 12. Eliz. fo. 176. Mayor & Iürats de Feversham contra Dominam Amcoats, the Defendant ordered (being tenant for life) to be examined for making known, to whom the Reversion of the Lands in question were to pass, which if she refuse, than the parties to proceed in suit, notwithstanding her present estate, in 11. & 12. Eliz. fo. 292. Wilkinson contra Deane, Mich. 2. Car. lively B. foe. 88 the Court ordered and decreed, that the Defendant should perfect the Assurance intended in a paper draught, being that she refused, in 12. & 13. Eliz. lively A. foe. 55. Inter Sherwood & Corbin, & Tomlinson contra Golding. 11. Jac. li, A. foe. 672. or 762. & Shapcot contra Dowrish, Trin. 17. Jac. Errington contra Fenwick, the Defendant Ordered to pay a rent-charge to the Plaintiff, 8. Nou. in 7. Jac. but because the lands out of which the Annuity issued, was in Infant's hands, could nor aught to pay it, in Mich. 9 jac. lively A. foe. 214. Austen contra Cheney, (a third person interessed, but no party to the Bill) prosecuteth suit at law for the matter in question, ordered to be made a party to that Bill, and suits to stay in the mean time, Trin. 16. jac. lively B. foe. Fisher contra Grivell, the Defendant ordered to pass lands, after time of demand past, 4. Jac. lively B. foe. 90. Mullins contra Southked, an Order against an Infant, and when he came to Age, ordered to perform it, Trin. 27. Ja●. Wadham contra M●gg, the heir ordered to perform a Decree made against him in his minority, in 37. Eliz. lively A. foe. 489. there is another in 2. Car. Lupton contra Harman, an Order to stay the money in the Sheriff's hands, and to be redelivered out of the Defendants hands, Pasch. 16. Jac. lively B. foe. 869. Edmund's contra Edmunds, the Defendant would have the 'Cause dismissed, because it concerns the probate of a Will, but in respect the Will was made to the dis-inherison of the Plaintiff of lands, aswell as of goods, it is ordered to be examined here in 12. jac. lively B. foe. 404. Perriman contra Speccott, Hill. or Mich. 6, Car. Manning contra Freak, because the matter is of a penal and criminal nature, allowed for good, Mich. 15. Car. Holme contra A●loff, a forma pauperis for scandal to pay Costs, 6. Car. lively B. Higham contra Ladd, died before livery and seisin, and before assurance perfected, ordered to be perfected, Pasch. 7. Car. Allen contra Elborough, ordered to stay execution upon an Action of the case, 13. Car. Haddon a man ordered to procure his Wife to levy a Fine, and to enter into a new Bond of 500 pounds, because the old Bond was worth nothing, upon the mistaking of the writer, 10. jac. lively B. foe. 101. Bailiff contra Longworth, in the Duchy Court a note under the Plaintiffs hand, Ordered against an occupant, in 15. jac. A dumb man to answer. Harcourt contra Roberts, a dumb man, Ordered to Answer upon Interrogatories by Mr. Colchester, in 14. Car. Taylor contra H●oe, the Defendant would not admit the Plaintiff to his Copyhold, for that the Plaintiff committed a Forfeiture in cutting down woods upon the Coppyhold, the Defendant Ordered to admit the Plaintiff, Tenant for that the Defendant could not prove, that the same was done by the Plaintiffs directions, but by a Tenant in 25. Eliz. lively B. foe. 78. Finches first Precedent he made. Pears contra Trelawney, A trial upon a Quare Impedit, upon point of Simony, which is pro hac vice, the Defendant grants away the next avoidance, the Plaintiff coming upon the King's title, desires to stay multiplicity of suits, Quare impedit. and to have a settlement according to the first trial, Ordered that there shall be no new trial, in Mich. 15. Car. Cobb contra Cobb, the meaning of a Will, Ordered to be performed contrary to the general words in a Feoffement, in 36. Eliz. Opinion. Opinion Equity doth yield to law. The Lord Bromley was of Opinion in Caudge and Lawyer's case, 24. Eliz. that the land should go as the law had settled it and conscience should be supplied with money. Ellis contra Bastwick, Eliz. lively A. fo. 537. the contrary. The Opinion of the Court was, the Plaintiff having but a promise, could have no Decree for the land, yet it might be decreed, that the Defendant might assure the land, Ferne contra Bullock, decreed upon a promise, and ten shillings in hand to assure, in Nou. 9 jac. Whether writings containing warranties belong to the Executor or Heir. Dom▪ Buckhurst contra Fenner, question whether writings comprehending Warranties', may by law be demanded, being brother and heir to the Lady Dacres against the Defendant, to the custody of, she being her Executor, she in her life-time committing the keys of the Chests where the Evidences lay, they the Defendants being in possession of the same, and claiming the Manor and lands, which they conceive to be devised, and conveyed unto them by the said Lady, the Judges hold and are of opinion, they belong to the Plaintiff in 37 Eliz. lively A. foe. 853. & 39 Eliz. lively A. foe. 775. Utlawed. Vtlawed not admitted to sue. Grevill contra Banks, 4. Jac. li, B. foe. 69. the Plaintiff being utlawed, not admitted to sue. Utlawries. Vtlawries. Whitney contra Strachey, Utlawries must be pleaded all at one time, or otherwise compelled to answer, in Mich. or Hill. 5. Car. Edward's contra Plowden, if the Plaintiff hath conveyed to the Defendant for payment, of which the Defendant pleadeth Utlawry, than the Defendant ordered to Answer, Pasch. 5. Car. lively A. foe. 888. Kingston contra Pinchard, Mich. 10. Car. pleaded at his own suit. Preden contra Dom' Mohune no advantage to be taken upon the Utlawrie of a stranger, 7. Car. fo. 169. William contra Gold. concerning Utlawries at stranger's suit, 7. Car. Trion contra Brocas, because the Utlawrie was before the last general pardon, not to be pleaded, 7. Car. Hemmings contra Davers, an Utlawrie being pleaded at the Defendants own suit, overruled, in 8. Car. Kingston contra Pritchard, 10. Car. Spry contra Coryton, Utlawries overruled in 10. Car. Offices. Office. An Office of Townclarke without Patent decreed for life Corp & Major de Lincoln, Pasch. 30. Eliz. Parson. Parson ordered to resign his Benefice. EVerard contra Bourcher, a Parson instituted and inducted by a wrong title by a common person, ordered to resign at the King's suit, and the King presented, 8. Car. & Attorney General contra Smith, Mich. 1632. Holmes contra Conway, a Patron let his Parsonage by Lease, in 15. Jac. Not to be bound by his Predecessors act or consent. Harding contra Weedon, my Lord's Declaration, that he will not bind a Parson's successor, where the consent doth not improve his Tithes in kind in Pasch. 15. Car. Stubbey contra Stubbey, in Mich. 2. Car. Pasture. Pasture ancient not to be ploughed up. Brooke contra Denton, Mich. or Hill. 9 Car. ancient pasture not to be ploughed up. A●kins contra Temple, in 2. & 3. Car. Dom. Howard contra Ridler, a Decree for staying of ploughing up ancient Pasture ground, in Pasch. 19 Jac. lively A. foe. 878. Ewens contra May, Mich. 22. Jac. Sh●ldon contra Dormer, April. 14. Jac. Tresham contra Gerrard, Hill. 2. Car. A Joyncresse restrained from ploughing up of ancient pasture grounds. Packer contra Dom. newel, Jointure lands being good lands, and not ploughed within 40. years, stayed by Injunction, 6. Car. lively B. Gurnard contra Dom. Eyres, Look into about 8. Car. concerning ploughing up of pasture of what nature. Walrond contra Gold, 12. Car. Rolls contra Miller, and to show cause why should not lay down that was ploughed in Mich. 15. Car. Sill contra Mole, a restraint from ploughing of land worth five shillings an Acre, being ancient warren, though dispunishable here, about 6. Car. parcel. parcel or not parcel determined here. Egerton contra Egerton, by the opinion of the Judge's parcel or no parcel determinable here where the Bill is not simple parcel. Tattersall contra Dalton, upon turning of water lying in two Counties about 11. Car. Hobby contra Bonby, though parcel or not parcel fit for law, yet no news to settle things according to proof, and a Commission awarded accordingly, Pasch. 2. or 3. Car. Hetley contra Com. Suff. parcel or not parcel overruled upon the Demurrer, and decreed in Pasch. 12. Car. Mr. Pages report. Pannage. Pannage. Pannage was dismissed, the Lessor felled the trees, that felling in Equity is to be stayed so far, as the Pannage may not be taken away 1593. Lord marquis contra Corham 36. Eliz. Plaintiff. Plaintiff may examine and have publication within 14 days after return of the Certiorarie. My Lord's order and opinion, the Plaintiff may examine, and have publication within fourteen days after the return of the Certiorari to pray the surmises, and give the Court Jurisdiction, but the Defendant is not to examine or publish any to disprove it. And if upon the Plaintiffs proofs it be retained, than the Plaintiff and Defendant may examine orderly touching the body of the Cause, and have publication according to the rules, and though the Defendant examine as soon as the Answer, yet shall not they be published, but in ordinary course, Checky & Allen. Lambert contra Lambert, the Plaintiff is to be examined upon Interrogatories, 12. & 1.3. Eliz. fo. 380. Kent contra Benham, to examine the Plaintiff at the hearing of the Cause, Pasch. 6. Car. Drury contra Drury, the Plaintiff examined as a Witness in a Cause, and after becomes Plaintiff for the Interest in that business, allowed and not to be suppressed, about 9 Car. Smith contra Gabry, the Plaintiff released out of Prison, though detained at other men's suits, because he was arrested when he was going about his business, or suit in Chancery, 8. Car. Mayor Bristol contra Whitsun, the Plaintiff examined as a Witness, 8. Car. Allen contra Allen, in Trin. 15. Car. the Plaintiff relieved for a debt against an heir in tail, and possession, to be established with the Plaintiff till the heir in tail recover at law. Perpetuity. Perpetuity. Poole contra Poole, the Court doth not allow of Perpetuities, nor of statutes to warrant them, Pasch. 5. Jac. lively B. foe. 619. Bacon contra Smith, 12. Jac. Hunt contra Bancroft, 14. Jac. Hill. & Mich. 15. Jac. fo. 455. & 883. lively B. & Pasch. 16. Jac. Hooe contra Arnold & al', about 17. Jac. the contrary. Possibility. Possibility relieved here. Romney contra Garnons & al', a Conveyance made to the Defendant to uses, and to their heirs, for want of issue, than to such child or children of Eliz. (one of them to whom the use was limited) begotten of her former Husband, being the Plaintiffs Father, they to whom the use is lymitted dye without issue, and before their death, did grant and device the lands so in use to the Plaintiff. It was thought good and decreed for the Plaintiff, it being but a possibility in them, and contrary to the words of the first entail and grant, being lymitted to the Children, in 37. Eliz. lively A. foe. 286. & 949. Though possibility cannot by law be disposed of, yet by equity. Povey contra Barker, a Demurrer, because a Possibility cannot be disposed of, overruled notwithstanding a Decree in the Marches, 9 Car. Decreed here notwithstanding a Decree in the Marches. Possession. Possession. Delahay & Pottenden, Mich. 39 & 40 Eliz. Possession as at time of Subpaena served. Rowswell contra English, Trin. 16. jac. Le Stationers London contra Simcox, the Court establisheth Possession until Eviction at law against a Patent, Mich. 7. Car. Pleydall cont'▪ Prettiman. Mich. 12. Car. No advantage to be taken by unity of possession at law, being point of common; and after a trial, a Commission to issue out of Chancery. Wild contra Sliford, the Judge's Certificate. Beard contra Dormer, the Lord Keeper's difference concerning unity of possession when it continued in the Abbot's hand, in Trin. 15. Car. Plea. Plea foreign. Yelveyton contra Burtow, 1594. to be sworn to it, and to put in a Plea not foreign. Privilege. Privileged places overruled. Cases against the Court of Chancery for Privileged places, and for the County Palatine of Chester overruled. Hulst contra Daniel, Mich. or Hill. 5. Car. lively A. Dom. Morley contra Martin, 25. Eliz. Brereton contra Donne, 24. Eliz. Egerton contra Comitem Derby, Determined here, yet decreed there, in▪ 11. Jac. Inter Swinnerton quer ' contra Savage, Defendant; It was ordered, that in respect the suit depended there, that the cause should be determined there in 37. H. 8. Pope contra Thatcher, in Pasch. 2. Car. Croker contra Holme, dismissed in 22. & 23. Eliz. lively A. foe. 520. Nevil contra Nevil, 26. Eliz. lively A. foe. 329. in the Duchy overruled, between Barnard and Langley, 9 Car. Oxford. Bear contra Stockhall, the matter remitted to be tried at Oxford, in 1. & 2. P●. & Ma. Davis contra Corpus Christi, Mich. 19 Jac. Huntley contra He●ney, 4. jac. lively B. foe. 303. Cotterell contra Standish Pasch. or Trin. 12. Jac. or Hill. lively B. foe. 925. Wingfield contra Fleetwood, in 21. Eliz. lively A. 137. lively B. 138. Bend contra Oldfield, Pasch. 1. Car. lib. B. foe. 1044. Against the Cinque Ports. Privileges of Chancery against the Cinque-Ports. Brown contra Biggs about 36. Eliz. Merwithie contra Johnson, Mich. 44. Eliz. lively A. foe. 35. Hilton contra Lawson, 2. Eliz. lively A. foe. 199. Smith contra Delves, Mich. 2. Jac. lively A. foe. 133. Chester. Starkey contra Starkey, a Report in Mich. or Hill. 16. Jac. Langham contra B●●champe, the Defendant committed because he would not Answer, the land lying in the Cinque-Ports, 40. Eliz. Fitton cont' Fitton, & Wrenham 13. Car. Fenwick contra Barnard, Julii 10. Car. Stannary. Stannary Court privileged. Daw contra Derry. Trin. 23. Eliz. lively A. foe. 477. Trewynard contra Killigrew, 4. & 5. Eliz. fo. 287. Duchy Court of Lancaster. Hulst contra Daniel, Mich. 5. or 6. Car. contra pauperes de Wogston, the Court will not hold Plea against the Duchy Court of Lancaster, in 10. Eliz. lively B. foe. 853. Process into Cinque-Ports, and touching privileged places, as also into County Palatines. No Checquer-man hath Privilege against a Subpaena, Tuke cont' Clerk, in 3. Car. Guillielm. contra Welsh, for a Cause between parties where the Queen's Interest cometh not in question, Tran. 36. Eliz. Cutts contra Peter, 23. Ap. 28. Eliz. lively A. foe. 403. Exchequerman not privileged but to Answer. Equivolent is to have privilege, and not every servant. Putton con' Green, Tri. 36. Eliz. Browne contra Riggs, a Demurrer overruled about 34, or 35. Eliz. Blackley contra Laneston, a Corpus cum causa to remove the plaintiff out of the Cinque-Ports, Pasch. 4. & 5. Eliz. Langham contra Beckham, Trin. 40. Eliz. & 41. lively A. & 34. lively A. & 40. Cinque-Ports privileged against Chancery. Hudson contra Taylor, 41. Eliz. lively A. foe. 147. pro Chancery. Shutterton contra Nevil, 34 Eliz. lively B. foe. 249. Franklin cont' White. 41. Eliz. lively B. foe. 726 Cinque-Ports overruled. Harbie contra Saltonstall, in 5. Feb-1. & 3. Jac. An Injunction out of the Exchequer disallowed, and the party which procured it sent for it by a Pursuivant, because her Majesty's Revenue not in question here, Hartopp contra Hartop, in 1594. Ellords' widow, claimed her privilege, because her Husband was privileged, and if it were for her Husband's act, it was holden clear that she should be privileged, but this was for her own act, and yet hac vice privileged. Lloyd contra Lloyd▪ Pasch. 35. Eliz. but this is no order to privilege others, in lively A. Barkley contra Hussey, the Defendant not allowed his Privilege, because his wife joined with him, 21. Nou. 32. Eliz. Oxford privileged against Chancery. Hopper contra Eastmond, 1587. in 33. Eliz. lively A. foe. 21. Onewry contra Glazier, Trin. 1588. White contra Howger, in 17. & 18. Eliz. lively A. overruled between Horwood contra Smith, in Mich. 12. jac. lively B. foe. 308. Court of Requests not allowed Privilege here, Garnons contra Maddox, 39 Eliz. County Palatine of Chester. Any dwelling there, must appear upon the Process, and pled their Privilege, by the Master of the Rolls opinion, in Herendens Case in 36. & 37. Eliz. Privilege in Chancery. Chancery Privilege. In what cases the Chancery doth privilege. The Defendant coming to execute a Commission was arrested, and had a Corpus cum Causa, and set him at liberty, Jackson contra Vaughan, Trin. 23. Eliz. Fowler contra Ayhurst, removed from Rochester, in 22. Eliz. lively B. foe. 557. The Plaintiff arrested when he came up to examine Witnesses, and discharged by Supersedeas of Privilege, Barnardiston contra Bawd, Trin. 1591. or 32. Eliz. fo. 738. A Defendant coming up upon an Attachment would have had his Privilege against a Citation in the Arches, and had not, because a Citation is no stay of his person. Cook contra D●x, Pasch. 30. Eliz. Martial contra Moor, the Plaintiff coming up to follow his suit half a year after his Bill exhibited was arrested in London, and had his Privilege 1588. Hugh's contra Middleton, in Hillary Term, and paid costs for the same 4. & 5. Car. Diggs being committed by the Court of Requests for not answering a Bill there for the same matter for which he had a Bill here, had a Corpus cum causa, in 36. Eliz. lively A. foe. 539. Because Master Bridgeman served a Clerk in Master Shugboroughs Office, a Commandment from _____ to stay here, he was committed to the Prison of the Fleet, at the suit of Carleton, Pasch. 37. Eliz. lively A. foe. 135. Inter Carleton & Bridgman, with the opinion of the Court, that no Court can hinder the point of Equity of this Court. Binion contra Thimble, in Pasch. 1632. or 1633. concerning the Privilege of the University of Oxon. Morgan contra Richardson, & al', the Plaintiff having a Writ of Privilege was taken in Execution, ordered to go abroad by Habeas corpus, and the party that arrested him to be committed, about Hill. 17. or 18. Jac. johnson contra Obbin, the Plaintiff delivered out of Execution, 12. & 13. Eliz. fo. 238. lively A. Matthew contra come Arundel, a Demurrer, because an Exchequerman, overruled, 6. Car. lively B. Welbore cont' Collins, concerning King's College in Cambridge overruled, 7. Car. Banks Attorney Dom' Regis by Information, where an Inquisition was awarded to inquire of Rookes Estate in the Cinqueport of Sandwich, a Writ of seizure awarded about 11. Car. Pepwell contra Goldsmiths London, an Attorney at Law joins with another in Action, thereby to avoid a privileged man in this Court, the suit stayed, and the Privilege allowed, in 28. Eliz. fo. 247. Mostin contra Thomas, though the Defendant (a Clerk in the Court of Requests) because the suit had priority there, Demurred in respect of that, and of Privilege overruled, in Hill. 14. Car. Partition. Partition. Long contra Miller, Mich. 1594. An unequal Partition relieved here. In Equity where none by law. Speke the Plaintiff had one part, Walrond the Defendant another, and Morgan a Ward another, and Walrond overcharged Speke, and Morgan had his part set out by Commission, and no Partition could be had against Walrond, without making the Ward party to the Writ, which he could not do during the Wards Minority therefore thought meet the Plaintiff should be helped in Equity during the Minority, Hill. 40. Eliz. Norse contra Ludlow, a Decree that two Partners which have made an unequal division, should be divided into Equality, in 32. Eliz. lively A. foe. 404. Broughton contra Broughton, Hill. 28. & 29. Eliz. lively B. foe. 264. whether a Partition made without writing, be good or not Quere. Babb contra Dudeney, in Mich. 14. Car. the Court would not grant a Partition, the matter being but nine pounds per Annum. Norbury contra Yarbury, otherwise, this is upon a joint-tenancy, in Mich. or Hill. 14. Car. Windham contra Weare, 15 Car. Posse Comitatus. Posse Comit' awarded. Sidenham contra Courtney, Posse Commit ' awarded to be taken, 41. Eliz. lively B. foe. 324. Harrington contra Horton & Cox, about Mich. 16. jac. lively A. foe. 9 Process. Process of Record. All Process that go in affirmance of the Recognizance must go into the same Country where the first Scire Facius goeth, it is not so in these which go in dis-affirmance, Haselwood & White, 30. Eliz. Not Clerks of this Court shall make out Process of Subpoena against any to testify before any Officer, unless it be before a Judge, or Commissioners warranted and Authorised by this Court, to take examinations of Witnesses, 11. & 12. Eliz. lively A. foe. 28. Perjury. Perjury punished. In the Judgement Roll 37. H. 8. between Baskervile and Guilliams, set on the Pillo●y for procuring Perjury in the Spiritual Court. And 16. Eliz. fo. 17. between Siderson & E●stcourt. Bullen contra Bullen, 44. & 45. Eliz. lively B. foe. 170. Freeborne contra Leasure, in Trin. 20. Jac. lively B. foe. Perjury to be examined here, Halse contra Browne, notwithstanding the Cause was dismissed, 16. Eliz. fo. 401. Punished upon hearing. Mound contra Culme, 40 pounds Costs given for Perjury, in Mich. 14. Car. Proceed. The Court proceeds, because the Defendant would not Answer or appear, Procedings. Michael contra Harry in Mati 39 Eliz. fo. 775. Purchasers. Purchasers favoured. Vavasor, or Waserer contra Row, in 33. & 34. Eliz. the said Plaintiff bought land of one who had no power to cell and moved, that if the Defendant should be compelled to bring in the Leases, which might encumber the Plaintiffs purchase, than the plaintiff might bring in the ancient Evidences which might discover, that he which sold to the Plaintiff, had no power to cell, the Court Answered, that no Aid should be given to overthrew Purchases made bona fide. Not charged by any collateral Agreement after the sale. Smith contra Killigrew, & Ognell, in 34 & 35. Eliz. lively A. foe. 88 Ognell would have charged land purchased by the Plaintiff of Killigrew, by a former _____ because a Collateral which grew after the Plaintiffs purchase was not performed; It was thought no reason to load the land with heavy Agreement, after Smith purchase. Hall contra Often, 3. Jac. Favoured. The Court would not stay a Purchasor from felling of woods, though the Vendor had an Estate for life. ●irringham contra Eyres. 37. Eliz. and the Court would not bar him remedy at law, upon any Evidence he could produce. Buying land of Feoffees relieved though a Verdict at law against them. Banister contra Brooke, a man possessed of a Lease for Fifty years, he dying intestate, the Wife Administers, and makes a Feoffement to her own use, a little before her Marriage with a second Husband, the Feoffees cell the land for valuable consideration, and was enjoyed many years accordingly: After the Wife's death, the second Husband would avoid this purchase by reason of the use▪ the Court decreed that the Purchasers should enjoy it, notwithstanding a Verdict at law, in Mich. 17. jac. li A. foe. 413. Relieved against breach of Condition. Swan contra Rogers, Mich. 9 jac. lively A. foe. 305. the Court relieveth the Purchasor against a breach of Condition. Burlace contra Burrell▪ in Pasch. 19 jac. lively B. fo. 1244. being a Purchasor. Stonehouse contra del, the contrary in 10. jac. lively B fo. 274. Buller contra Smith, in Trin. 15. Car. Relieved against an ancient statute. Comes Pembroke contra Eyre, in 17. jac. lively B. fo. 863. A Purchasor relieved against an ancient statute. Stile cont' Michael, in Pasch. 19 jac. lively A. Dimmock contra Williams, in Mich. 16. Jac. lively A. foe. Warcroft contra Dom. Culpepper, in Mich. 15. Jac. lively B. foe. 244. relieved against ancient statutes. Garfield contra Humble, in 16. Jac. White contra Phillips, in Trin. 21. Jac. lively B. foe. 768. Relieved against a Deed of Entail. Standen cont' Bullock, the Plaintiff bought feveral Manors of Thomas Bullock deceased, who (before the Plaintiffs purchase) had conveyed the same by Fine and Recovery to the Defendant and his heirs males, which being done without consideration, was adjudged and decreed to the Plaintiff, in 38. Eliz. lively A. foe. 713. & 42. Eliz. lively B. foe. 289. The like between Cheek contra Beaumont, in Hill. 18. Jac. fo. 775. & 1165. look for the final Order upon the Judge's Certificate, Lands conveyed when sick in Trin. following. Hurt contra Hurt, Hill. 12. Jac. lively B. fo. 727. Helam contra Colt, in 9 Car. Relieved against statute upon a second Agreement. Boll contra Hancock, in Octob. 11. Jac. A Purchasor relieved against a statute. Lister contra Harrison, a Purchasor relieved against a statute in 9 Jac. lively B. fo. 619. sought to be extended by a second Agreement after the Purchase. Relieved against a voluntary conveyance. Curson contra Blackall the Father makes a voluntary Coveyance in tail of lands, reserving an Estate for life, after sells the Woods upon the lands to a stranger. Decreed that the Vendees of the Woods shall have the woods notwithstanding the Conveyance of the lands 25. I anu. 9 Jac. Relieved against a stat. for performance of Covenants. Chandler contra Dawtree, in 41. Eliz. lively B. foe. 480, The opinion of the Court, that a statute for performance of Covenants, aught not to take away the possession of a Purchasor. Dom. Burgh contra Wolf, an ancient statute being against a Purchasor, though no direct proof on either side, Decreed to be canceled, in 11. jac. lively B. 426. Having no notice shall not be charged. Maynard contra Pauperes de East-Greensted, a Purchasor that comes in without notice of a Rent-charge, shall not be chargeable therewith, although given to a charitable use in 6. Car. l●. B. Rutter contra Bartley, Purchasers relieved of a sleeping Mortgage, in Mich. 2. Car. Comes B st●ll contra Hamond, the Defendant would avoid a Lease against a Purchasor upon proof that the Lease was made by one of Non sane memoriae. and that point of parcel is determinable at law, the Lease decreed, 9 Car. Simeon contra Greene, to help a defective Deed and take of Encumbrances, as Statutes and Judgements subject to those lands, being against a Purchasor, in Hill. 10. Car. Simeon cont' Cheriton, in Mich. 10. Car. vel jac. a Statute set on foot nine years after Decree to obvert it, stayed. Mutts contra Com. Kancie, a Purchasor of a Lease, out of which a rent is issuing shall not be liable, but th'Executor of the Will, 31. jan. 9 Jac. this rent was without a clause of Distress, and the Executrix and her Trustee, sold away the Lease. The like between Nurton & Nurton, 9 Jac. To prohibit a Purchasor to bring Audita querela. Thoruburgh contra Grobham, about 17. Jac. a Purchasor for a valuable consideration restrained from bringing an Audita querela upon pretence that a Purchasor had levied moneys upon other securities. Walton contra Lewkner, a man buys land, knowing of a former Agreement, 11. Maii, 12. Car. Yeaveley contra Yeaveley, in 14. Car. Purchasers coming in pendente lite bound. Procedendo. Procedendo awarded, because the Certiorari had a long return. Because a Certiorari was made with a long return (skipping a Term) a Procedendo was awarded, Ashley contra Godser 36. H. 8. fo. 30. Promise. A remedy for a promise. Where the Law cannot give a Lease, or a thing promised but damage, there is some cause for the Court to compel the party to perform the thing promised, Browne contra North. Waller contra Salter, in Trin. 8. Jac. lively A. Ferne contra Bullock, Mich. 9 Jac. lively A. foe. 274. the Defendant promised to cell the Plaintiff land, whereof ten shillings was given him, yet the Defendant would not perform, yet he should. Clarke contra Hackwell, in 3. Jac. lively A. foe. 596. Five pounds paid, Decreed. Long contra Long, in 40. Eliz. lively A. foe. 360. or 369. the Defendant promised and agreed to assure Leases in Marriage with the Plaintiffs Daughters, who would not perform it, but Ordered. To assure lands marriage ordered. A man promiseth to assure lands in consideration of Marriage, but after the Marriage refuseth, yet ordered, Gerard's Case, in 2. Jac. lively A. foe. 202. Fox contra Fox, in 8. jac. lively B. foe. 248. Wroughton contra Stafford, to leave consideration 13000. pounds at death, Mich. 21. jac. Hale contra Hicks, in Nou. 38. Eliz. a Copy. Otway contra Hibblethwaite, upon a promise made by the Defendant to pass his lands unto him, was the cause of his Marriage, but when the said Desendant came to be old, conveyed away the same lands from the Plaintiff, contrary to his promise, the Plaintiff was relieved for part of the said lands, 13. jul. 11. jac. Batters by contra Prowse, to pay Portions decreed in Hill. 5. Car. To procure a Lease to another, but made to himself, decreed against him. Egerton contra Eldred, the Defendant promised to procure a Lease of certain lands for the Plaintiff, from the Contractors, but passed the same to himself yet ordered and decreed that the same shall be passed to the Plaintiff, according to the first Agreement in Febr. 8. jac. june 11. jac. Plaile contra Plaile, the Defendant promised to his Father, to assure certain Copyhold lands to the Plaintiff, but the Father dying before any surrender, denied to assure the same, yet decreed he should, 21. Man, 9 jac. Perry contra Peckham, in Pasch. 3. Car. Longman contra Hopgood, concerning a promise in Marriage, Hill. 3. Car. lively A. foe. 633. and a Sequestration of lands for nonpayment of Money. Or bore agreement. Erby contra Evans, concerning a promise or bore Agreement, in Mich. or Hill. 5. Car. Banks contra Sheriff, promise' left to the law, Mich. or Hill. 5. Car. Clark contra Briers, in june 9 Jac. one relieved for a Lease for lives upon a promise. Noble contra Washborne, to answer a promise, 5. Car. lively A. foe. 461. Russell contra Read, a promise of 500 l to make himself a Baronet, would not pay it, yet decreed about 5. or 6. Car. Church contra Dom. Mordant, a promise to make a Lease in Marriage, decreed against a Purchasor, in Trin. 2. Car. By one Witness dismissed to law, but equity relieved. Stadd contra Cason, a single Witness could not Decree a promise, but referred to law, and than Equity reserved, 10. Car. Proof. Proof supplemental. Manser contra Fotherbie, supplemental proof allowed of about 7. Car. Wagstaffe contra Foliambe, the like in Mati 5. Car. Quare Impedit. Quare Impedit. COmes Pembroke contra Bostock, a Bill to discovet a Patron, whereby to enable one to bring a Quare Impedit, ordered in 2. Car. Peirs contra Trelawncy, the Question being title of Advowson, and the Incumbent who had one Verdict (Simony or not Simony being the point) decreed the possession upon one Verdict, and stayed Quare Impedit, in Hill. 15. Car. Quid Juris Clamat. A Fine engrossed before Quid Juris, the Tenants ordered to Attorne, Hinsh contra Bland, Blackwell & Eyre, 36. Eliz. lively B. foe. 10. Et Roll contra Shute, in 12. Jac. lively B. foe. 1375. & 13. lively A. foe. 612. Mancase cont' Clayton li 8. jac. fo. 715. Arrearages of Rent to be paid. Recompense. Recompense for building and a promise. For spoil committed. TOoker contra Mayor Exon's, in Mich. 16. jac. It is for a Recompense for a building and a promise. Fellow contra Gibbons, the Defendant got a Lease away by craft, and cut down certain Woods to a great value, the land could not be recovered, but Recompense for the spoil committed thereupon, in April 11. jac. Recompense for building upon a voidable Lease, antea inter Comes Oxon' & Neeth. For waste done. Browne contra Bridges & Ley, a Decree for Recompense of Waste done, in 32. Eliz. lively A. foe. 836. Reextent. Reextent. A Reextent awarded antea, inter C●ivers & Bampton. Recognizance. Recognizance not intolled in 20. years, yet ordered to be introlled. A Recognizance without Condition, not in twenty years enrolled, yet upon Affida vir, 0 (that he who acknowledged it was living) the Court ordered, that it should be enrolled about 40. Eliz. fo. 195. inter Roll & Roll. Et Long & Owen, eodem termino, fo. 205. lively A. 11. & 12. Eliz. Horshall contra Folden, 6.5. vel 8. Jac. A Recompense being ancient, and no money proved to be paid, was canceled. Bradshaw contra Kinnersley, being without defeasance, Febr. 10. jac. Linch contra Digbie, concerning a Recognizance in juliz 7. Car. Mica contra Drake, a Recognizance to be Enrolled which neglected, by the negligence of the Plaintiff, in 11. Car. Recusant. Recusant. Leman contra Roc, the power of the statute of 3. jac. concerning a gift of Presentation when a Recusant presents in 7. Car. And likewise a Sequestration until determined. Release. Release. Denton 〈◊〉 a Bolt. 11 & 12. Eliz. lively A. foe. 360. the Plaintiff became bound in an Obligation to the Defendant, to deliver to a third person a general Release from Alice Denton his Mother, the Bond was not performed, yet relieved here. By a feme covert. Palmer contra Reynell, one thousand pounds Bond entered into to Feoffees, after (during coverture) releaseth this Bond, yet the gift stands good, Trin. 14. Car. Of one Administrator shall not prejudice the other. Horner contra barrel, notwithstanding the Defendant pleaded the Statute of limitation, overruled, 6. Car. lively B. and a Release of one Administrator not to prejudice the other. Of an Estate not known relieved. Wilson contra Grove, a Release of an Estate being not known, relieved against an Executor, 7. Car. For Portions how fare shall bind. Priestley contra johnson, the opinion of the Court, how fare a Release touching Childrens portions shall bind, in 14. Car. Relief. Relief in equity where none in law. Sir Henry Lea granted a Rent to Crocker and his Assigns during Penistons' life, Crocker died, making no Assignment and no Occupant without a Rent, Crockers son (to stay the penalty of his Father's Bond made for payment of the Rent) was enforced to pay it, and sought relief in equity against Sir Henry Lea. Crocker & Penniston, Hill. 1590. After judgement and execution at law no relief here. Judgement and Execution had at law, the Plaintiff preferred his Bill to be relieved, but dismissed, and had no Relief. Farrington contra Wolwich, 12. Eliz. fo. 118. Bolt con' Reignolds, the like. 12. Eli. fo. 129. Brewer contra Temblet, the Plaintiff was relieved of a promise, both for a Lease, and a personal Estate, 13. & 14, Eliz. lively B. foe. 76. Grove contra Preston, the Plaintiff relieved of a promise and Agreement, 4. Jac. lively B. foe. 54. Standen contra Hickman, in 39 Eliz. lively B. foe. 86. Points cont' Heusley, 38. Eliz. lively A. foe. 279. Tregonwell contra Reeves, Relief of general words in a Patent, against express in another, 41. Eliz. lively B. foe. 244. Huet contra Hurston, no Relief after Judgement in Trin. 17. Jac. fo. 909. Dom. Crompton contra Bishop, the Plaintiff is relieved against his own Act, in Mich. 8. Jac. vel Car. Waller contra Waller, 16. Jac. Woodward contra Alport, in Hill. 12 Jac. fo. 765. lively A. the Plaintiff seeketh to be relieved, for Brocage and Wares that were sold by cozenage. Freeman contra Hugget, Hill. 16. Jac. An heir disinherited by Fine passed yet relieved. Lyde alias joiner contra Lyde, the Father by Fine passed, disinherited his heir, the Court ordered that the land should be re-assured, yet that the Plaintiff should not cell the land to any, in case he died without issue, Mich. 14. jac. fo. 335. & Trin. following, lively B. foe. 1388. The like betwixt Hoskets contra Hillier, Pasch. 17. Jac. lively A. foe. 1025. Salisbury contra Griffith & Owen, 10 Jac. lively A. foe. 491. & 658. Long contra Long, 18. jac. lively B. foe. 1730. Humphrey contra Humphrey, Pasch. 21. jac. the contrary. Harbert contra Lownes, Hill. 3. Car. No Relief if a man have suspended his rent. Warren contra Towler, the Court is of opinion, that the Plaintiff having suspended his Rent, no reason but that the Defendant should detain it, by reason of the Plaintiffs Act, 31. Eliz. fo. 312. Haley contra _____ in 2. Car. the contrary. Gayner contra Lucas, the Defendant had execution and Judgement upon two Recognizances and a Statute, amounting to three hundred pounds, but in respect it was a sleeping statute, the Court ordered the Obligor to be discharged out of Execution, and the Plaintiffs possession of the lands to be delivered in 5 Jac. lively A. foe. 319. Charnock contra Charnock, the Defendant acknowledged a Recognizance, which was taken away privately, the Plaintiff had relief, either that the said Plaintiff shall have his money, or else the Recognizance to be enrolled, 22. Eliz. lively A. Of a promise against a Deed of parchase. Tuck contra Pattison, the Plaintiff relieved upon a promise against a Deed of purchase, there being some practice in the Purchasor, in Ap' ●●. Jac. Toplace contra Dickenson, Relief against an Occupant, 5. Car. lively B. 357. Against his own Deed. Mane right contra Roberts, a man relieved against his own Deed the same being gotten by threats and practice though the same be vested in an Infant and the Purchasor to become bound in Recognizance to assure it when, etc. in 10. Jac. Jaques contra Huntley, if one neglect to enrol his Bargain and sale, being his only assurance and the Bargainee bring an Ejectione firm against him, and hath Judgement, the Bargainee resorts to Chancery (if not for land) yet for money paid for it, 13. july 1599 Deane contra Deane, relieved against a Release, about anno 3. Car. For Dower or jointure. Smith contra Smith, 12. Car. a woman relieved for Dower or Jointure, notwithstanding a Deed of Entail. Cuddington contra Hutton, a simple man drawn to make Leases, and to enter into Bonds, Relieved, in 8. Jac. fo. 905. Against his own release. Summer contra ●illing, the Plaintiff relieved against his own release, being an ignorant person, 12. Jac. lively A. foe. 49. Rent. Chief rent. Page contra Clarke, a chief of Ten shillings retained. Barew contra Bancken, Mich. or Hill. 39 Eliz. lively A. foe. 473. Drury contra 4. Jac. lively B. foe. 632. Twelve pence in Court, being former Precedents showed. Cornwallis contra Brugton, in 38. Eliz. about fo. 199. lively A. 44. Eliz. lively B. foe. 355. Taylor contra harborne 38.6 d. 6. Jac. lively B. foe. 117. Wincombe contra Presiden' Magdalen' Coll' Trin. 12. Jac. lively B. foe. 1029. Rentseck Ferrer contra Newby & al', the Court allows seizing to a rentseck, in 43. Eliz. lively B. foe. 736. Rentseck decreed. Brovost contra Buckett, in Febr. 11. jac. lively B. foe. 538. of 20 s. per annum decreed. Man contra Marker, omits rend, 1. Car. Ingleby contra Wade, Contribution of a Rent, 3. Car. lively A. foe. 108. Proportioned. Lloyd contra Gwynn, to proportion a Rent, in Hill. 5. Car. To be! paid by th'Executor. Sutton contra Wright, concerning an Annuity or Rent-charge to be paid by th'Executor, lands being not charged, the Executor ordered to pay it, Pasch. 6. Car. fo. 507. Adjudged mean profits. Parsons contra Parsons, Rents of lands adjudged mean profits, in 8. Car. Demised to a charitable use carrieth the land. Lenner contra Lennington, in the County of Warwick, a Rent demised to a charitable use, carrieth the land in 8. Car. Being continued paid though no proof of endowment yet decreed. Neale contra L●ster, though there can be no proof of an endowment, but because of long possession, and being presentative, decreed to be enjoined 9 Car. a Case between Grimes and Smith, in the Exchequer Chamber, about 39 Eliz. Judge's opinion, a Rent paid for a long time (although no assurance could be produced) yet decreed to be paid. Churchill contra Brewer, in Hill. 10. Car. a Rent charge decreed, though no Evidence. Caesar contra Gater, concerning Rents which have been paid, by reason of a long constant payment, decreed 12. Car. Extinguished of rent relieved. Halltley cont' Skarret, relieved against an Extinguishment of Rent, in Mich. 2. Car. & Sheedon contra Gibbs, Mich. 2. Car. Reprise. Reprise what things are adjudged ultra reprise. Dom. Strode contra Corbert, 2 junii 1632 Lords Rents Reparations, and Tithes duties, are payable to the King's Majesty, Churchwarden, and all other common, and Annual charges and duties, declared to be ultra Reprises. Rescous. The Attachment must be special, Rescon 5. reciting the return of the Rescous the same Term. Alchurch contra Bold 37. Eliz. Restitution. Restitution after judgement and execution. After Judgement and Execution, the Defendant ordered to restore twenty and five pounds, Some contra Portell, 30. Eliz. Moor contra Taylor, the like the year before. Walter contra Francis, 4. jac. lively B. foe. 633. Resolution. Resolutions upon the statute of the poor. Sur Audita querela. Les Resolutions Popham & Anderson super statut. 39 pauperum, 41. Eliz. lively A. foe. 102. Opinio de judges sur Audita querela & opinio de le Court sur ceo in 31.32. & 33. Eliz. Revocation. Concerning a point of revocation when sick. Eyre contra Wortley, concerning a point of Revocation, when one is sick and holding up his hands, and Certificate thereupon, and a Demurrer overruled for matter of Legacy. Review. Review of a Decree upon putting in of security. Cock contra Hobb, a Review of a Decree allowed upon putting in security, Hill. 132. Et Hall & Hobb, Hill. 1632. Revivors. Revivors. Master Cecil and the Lady Rosse his Wife joined in a Bill against the Earl of Rutland, for two hundred pounds Arrearages by year to her due, she died before hearing, he after her death, exhibited a Bi●●●● of Revivor, and served Process to hea● Judgement, yet upon an objection, that th● Defendant should first have been calle● to Answer, the hearing was put of 1591. No appearance or Oath needs to a Bill of Revivor, 25 Novemb. 35. Eliz. Wolverston contra Darleston. An Assignee cannot revive a suit, Haselwood contra Reynolds, in 23 & 24. Eliz. An Executor (his Testator dying after publication) could not be permitted to exhibit a new Bill to make further proofs, but was held to a Bill of Revivor, Ferney contra Lawn, 30. Eliz. Windham being Widow, had a judicial order for the substance of the matter, and a Commission to make proofs, and after she married the Defendant, supposed i● needed a Revivor, and ruled not, 37. Eliz. salary. Salary for serving of a cure. Day contra Hampden, concerning salary for serving of a Cure, in Pasc. 3. Car. Scire facias. Scire fac'. Broughton contra Vicecom' Bindom, I● was ordered that the Plaintiff might take out Scire fac. against the Defendant for not paying of money according to an Order, in 12. & 13. Eliz. lively A. fo, 162. Scrivener's case. Scrivener's case. Huet contra Dela fountain, 20. Jac. one Glover having the setting forth of the Defendants money, to whom the Plaintiff paid the money again at a day, because the money was not paid to the Defendant, and the Scrivener breaking, the Defendant puts the Bond in suit, ordered to canceil the Bond, in Hill. 20. Jac. lively B. foe. 464. White contra Hall the Scrivenors' case, in 14. Car. Oxenbridge contra Whittacre & Daxon, in 14. Car. Comes Ancoram contra Douglas, in Mich. 15. Car. Middleton contra johnson, in 14. Car. Sequestration. Sequestration to compel a man to perform an Order. For personal debt and laid in Irons in the Fleet for not performance. Knightly contra Grant, 25 Ja●●. 31. Eliz. fo. 329. The Tenants compelled to bring in their Rents in the Manor of A. Nelson contra Cooper & Hare court. Sequestrator, in Mai●. 3. Car. lively B. foe. 1003. & 986. Barker contra Shepheard, in Hill. 4. Car. lively B. foe. 120. & 660. Eyre contra Wortley, about 3. Car. Lakes contra Meres, after the Defendant was committed for not performance of a Decree, yet the Court ordered that a Sequestration should be granted to levy moneys of his in other men's hands, 18. Nou. 11. Jac. lively A. foe. 329. and he committed, because his Wife would not bring in Bonds after, but the chief order is in May 10. Jac. lively A. foe. 353. Lupton contra Harmon, concerning a Sequestration, in Pasc. Trin. & Mich. 16. Jac. Maddox contra Prast, in Pasch. 5. Car. Ancher & Frith, 16. jac. eodem. Upon personal debts. Roan contra Stepney, in Mich. 17. jac. lively B. foe. 171. or Pasch. or Trin. Anno 18. Sequestration. Copeland contra Mudd, a Sequestration granted of certain lands, for debts only, in 13. Jac. lively B. foe. 502. or thereabouts. Et Mich. 14. jac. lively B. foe. 309. Goslet contra _____ upon an Extent in 10. jac. lively A. foe. 54. Mullins contra Bawden, 13. jac. lively A. Sequestration for money, both or Copyhold and , fo. 105. Apprentice contra Roupe, in Trin. 17. jac. lively A. foe. 1302. Sequestration for money decreed. And another between Frith and Trion, or Anchor and Frith, in jan. 16. jac. lively A. foe. 428. & 397. Whrar●by contra St. john, the Court was inclined to grant a Sequestration for money from Hill. 37. Eliz. to Trin. 38. Eliz. l. B. Cottle contra Brooke, in Pasch. 18, Jac. lively B. foe. 1111. Middleton contra Faucet, Money grew due for Tithes, in Mich. 1. Car. Awarded for a Marriage portion. Eardly contra Eltonhead a Sequestration for a Marriage portion, in 8. Car. the Decree was 15. or 17. jac. Solicitor. Solicitor or Promotor not examined as a witness. Wilson contra Grove. in Trin. 6. Car. lively B. foe. 626. a Solicitor or Promotor, not to be examined as a Witness. Waserer contra Key, 36. Eliz. The Solicitor of the Defendant ordered to serve a Process upon his Client, because the Plaintiff could not found him. Stannaries. Stannaries. Davie contra Michael, the Stannaries, overruled here, in 25. Eliz. lively B. foe. 65. Statute. Stat. extended upon a Bankrupts lands. Overman contra Wright, Hill. 17. Jac. lively B. foe. 807. a Statute extended upon a Bankrupts lands before the liberate filled, ordered to bring or stay the Statute, and likewise ordered to take the like Composition as other Creditors. Matthew contra West and others, in 37. Eliz, lively A●. fo. 655. one Knight acknowledged a statute to the Defendant and another, not to alien or wast his land, and afterwards leased it to the Plaintiff, the statute being acknowledged in consideration of Marriage, and now by reason of the Lease so made, the Defendant being the Survivor Conuzee, extends the statute, yet ordered in respect the Lease is no waist, the Conuzee not to receive any benefit by the said statute. Boswell contra Weddall, the Defendant ordered to Answer, notwithstanding a Demurrer put in upon the statute of 2●. Jac. the debt being demanded, being without speciality. Extended. Clethero contra Beckingham, the Plainliffs relieved against a statute, and ordered to have the possession thereof, because the Extender had received his debt according to the yearly value, Pasch. 21. Jac. lively B. foe. 951. Extended at a low rate, ordered the Plaintiff to have them at the same rate. Griffin contra Vellers & Leeson, lands were extended upon a statute for payment of money, the Plaintiff had those lands by order at the same rate the lands were extended, for payment of the Defendant, in 41. Eliz. lively A. foe. 229. Langham contra Whetcombe, 6. Car. lively B. a Demurrer upon the statute of limitation maintained. Of limitation allowed upon some reasons. Lanymare contra Thorpe, in Mich. 15. Car. statute of limitation pleaded and allowed, but upon no trust. Brinker contra Kington, the Lady Lewes case, 6. Car. Woolhouse contra Barnes & Bullock, pleads the statute after a Judgement at law, not allowed, and it was for Assetts, 6. Car. Ancient statutes against a Purchasor canceled. Smith contra Rosewell, Mich. 2. Car. Mountjoy contra Wakeman, the statute of limitation overruled, in 8. Car. Reston contra Reston, 9 Car. the like. Harris cont' Bayning, 8. jac, lively A. foe. 910. a statute extended at a low value, of purpose to keep of other Extents the Court Orders, that the fyling of the Extent be stayed. Barnes contra ●rosse, if he can prove continual claim of Reckon although the pleading of the Statute of limitations, overruled, in 14. Car. Of limitations hac fari. Suttons' Hospital cont' come Suff. 1000 l in demand, the Defendant pleads two Releases, and no point of limitation, and no demand in due time and now fallen upon an heir, and concerning a special trust, how far some shall be bound? in Trin. 6. Car. referred to Judges. Harrison contra Bludder, a great case concerning the statute of limitation of Actions, in Mich. 15. Car. Steward. Steward cannot make a Letter of Attorney to take a surrender. Walron contra Corham, 15. junii 11. Jac. a Steward of a Court, cannot make a Letter of Attorney to a man to take a surrender. Suit. Suit for equal payment of money. Clarke contra Hunlock, a suit to compel the Defendant to join in equal payment of money given by Decree in Trin. 2. Car. Homadge contra Farley, 38. Eliz. lively A. foe. 413. suits prosecuted upon false imprisonment stayed by Injunction. Superinduction. Superinduction. Newton contra Price, concerning Superinduction, Pasch. 17. Jac. lively A. foe. 961. Pistol contra Hardie, the like in Mich. 15. jac. lively B. foe. 358. & Pasch. 17. jac. lively B. foe. 817. Middleton contra Lort, in Mich. 15. jac. Wilson contra Thornton, in Mich. 20. jac. lively B. foe. 381. Stephen's contra Potter, in 2. vel 3. Car. Maddox contra Prust, Pasch. 5. Car. Wes●on contra Sumner, Demurrer because it concerns a Superinduction overruled, in 7. Car. Maddox contra Prust, 7. Car. concerning a Sequestration upon a Superinduction. Surrender. Surrender by an Infant not good. Hugh's contra Carpenter, Mich. 9 jac. the Plaintiffs brother being within Age, Surrendered a Coppyhold to the use of the Defendant, held not good. Sureties. Surety. A Surety relieved here where a Bond is contained in use without his privity, he thinking the same to be paid. As Saunders contra Smith & Churchill, about 10. Car. lively A. foe. 664. Bullock contra Pope, Mich. 11. Car. Fortherby contra Hutchins, in 2. Car. Wilson contra Dunstar, in Mich. 15. Jac. lively B. foe. 565. & 647. Hollis contra Deane, in Hill. 13. jac. lively A. foe. 606. johnson contra Pudicot & al', one became bound with Sureties, and afterwards Bankrupt, the Creditors sued the Sureties, because they were remediless as against the Bankrupt, yet ordered not to take any advantage, in Mich. 10. Jac. lively A. f. 65. or 165. Bourne cont' Ironmonger, in Mich. 17. jac. Little alias Brook, contra Good & al' in Trin. 16. jac. to the contrary of the foresaid Note, lively B. foe. 1584. Relieved which continued without their consent. Saunders contra Churchill & Smith, 10. & 11. Jac. lively A. foe. 664 & 728. the Plaintiff being bound with the said Churchills Father for payment of money at a day which the Plaintiff supposed the money had been paid accordingly, the money was not paid, the said Churchill the Father dies three years after upon whose death, the Obligee puts the Bond in suit against the Plaintiff, but in respect the Bond was continued without the Plaintiffs privity, and Churchills son having a good Estate from his Father, was ordered, and the Feoffees to whom the son had conveyed those lands in trust, was ordered to cell those lands for payment of the said Churchills debts. Higham cont' Longcastle, assigning a Bond for a Surety, the Surety relieved in 4. Car. Moil contra Dom. Roberts, the heir of a Surety where the Bonds are continued without the privity of the surety, relieved in Mich. or Hill. 5. Car. Hare contra Michael, a Surety relieved where the Bond is continued twelve years, without the Plaintiffs privity in 12. Jac. f. 81. Survivor. Survivor. Saunders contra Thompson. 7. Car. A personal Estate equally divided betwixt two, whether the Survivor shall have all or not. Suspension. Suspension. Caesar contra Feild, concerning Fields relief against the Suspension, Trin. 4. Car. Tenant. Tenant for years not to Attorne, etc. WIndham contra Saunders, Tenant for years not to attorne to him in Remainder, without producing Precedents to that purpose, 11. & 12. El. lively A. foe. 28. In tail sold land under value, the Vendee ordered to pay more. Wilson cont' Smith, in 8. Car. lively B. foe. 123. the Plaintiffs Father seized of lands in tail, sold the said lands for small or no consideration, and suffered a common recovery of those lands, whereby the sale was good in law, yet helped in Equity, for the Plaintiff being Daughter and heir, the nacitie of those lands were sold, yet the Vendee ordered to pay a better consideration. Tenants of the Manor, not parties to a Decree, aught not to be bound. Seamor contra Bear, in 9 jac. lively B. Shute contra Mallorie, Tenant for years ordered to attorne, 5. jac. lib. B. foe. 205. Bowen cont' Wrilow, 40. Eliz. lively A. foe. 11. Jackson contra Barrow. Hill. 1. Car. upon a Statute, and Arrearages to be paid ever since th'attornment. Man contra Morley, Trin. 4. or 5. Car. Dannet contra in _____ 11. Car. or thereabouts. The Court compels Tenants for years, to set down in certain, the time of the making Commencement, determination, and what rents are reserved, and the times the same are payable, to th'end the same may be liable to an Extent upon a statute. Buck con' Lupton, in 30. Eliz. lively A. foe. 511. Dom. Corbet contra Sellinger, the Defendant holds over his term, the Court compels him to confess a Lease notwithstanding, whereby the Plaintiff may ground an Action, Mich. 6. Car. lively A. entail being an Infant ordered to pay money, etc. Pearce contra Pearce, entailed lands sold instead of Freehold lands, the Infant when he comes to Age shall pay the money which hath been paid according to the Father's will or else the Plaintiff shall have the Fee simple lands, 8. jac, lively A. foe. 1007. For life 〈◊〉 Estate forfeited relieved. Stafford contra Stafford, 10. Car. Tenant for life the Remainder over Tenant for life, because he admits of a Recovery to be suffered, forfeited his Estate, relieved here. Testator. Testator. Samborne contra Samborne, the Plaintiffs Father being seized of lands in Fee, devised by a nuncupative will 300 l to be paid to raise Portions, some two hours before his death, but in respect his Father had disinherited him of some other lands, the Court decreed that the lands should be freed from the Portions, in 13. Jac. lively A. foe. 195. Tithes. Tithes Mo●●e cont' Bond, 34. Eliz. lively A. foe. 621. My Lord declares that matters for Tithes are determinable in this Court. Windham contra Norris, a Demurrer because the matter concerneth Tithes overruled and ordered in 17. Eliz. lively A. foe. 282. Underhill cont' Joiner, concerning Tithes in kind, and the Parson having Common for Beasts in the Fields was ordered to take a quantity of ground in ●eu thereof, and concerning an Act of Parliament, in Mich. 18. Jac. Decreed upon a Report. Hungate contra Crook, the Plaintiff being a common person, having a Lease of Tithe in kind, which hath long time been obscured by union, or otherwise, ordered that a Commission should go forth for setting out Meadow and other grounds in lieu thereof, in 12. Jac. lively B. foe. 748. & 410. Look in Hill. lively B. 11 Jac. fo. 1202. Decanus & Capit' Ecclesiae Christi in Oxon' contra Grant, point of Tithes determinable in this Court, and parcel or not parcel, in june 11. jac. Browne contra Whetford, à Modus decimands dismissed, otherwise performed. Qarles contra Bent, in 8. Car. Custos new Coll' contra Sumpner, in Pase. 10. Car. for Tithes in kind, the Bishop of Exeters' case. Custos new College contra Astley, concerning rates, Tithes, and Tithes in kind, Hill. 11. Car. Southby contra Moor, every one must pay their Tithes in kind, unless there be a Composition real, or good prescription, modo decimandi, 10. Jac. Shires contra Burgoine, a Decree for Tithe Coneys, and Tithe Wood, in 12 Car. Trial. Trial. Merefield contra Merefield, the Court directs a special trial abour 11. Car. Trust. Trust. A Conveyance absolute in words, and yet there is a Bruit of a trust, but doubtful, whether there be a trust or not, and on the hearing the bruit bought the land, yet shall not be concluded by such a bruit, as Sir Thomas Egerton said, Cormvallis Case, 37. & 38. Eliz. And it is not like the use at common law, neither is the buyer to believe one which would not have him to buy it, if he tell him there is a trust. A suit is depending for a Trust, and after upon hearing the Trust is proved, than that is a sufficient notice of trust to any man which buyeth it (hanging the suit) my Lord said, in Diggs and Boys 16. Maii, Pasch. 40. Eliz. Parramor cont' Zouch, concerning notice of Trust and Purchasers, 9.10. & 11. Jac. and between Peacock and Reynell, or e con', in June 17. Jac. the Decree was Mich. 19 Jac. Pitts contra Edelph, if a man coming under one that had notice of trust (though he had none) shall be bound, and to examine Witnesses after a hearing upon point of fact, 7. Car. Farley contra Warmestrey in 13. Car. Citique Trust for wife makes a Lease not good, but if she accept rend good. The way to remove a trust. Vanlore contra Lidall, or e con ' look into it, how to remove a trust made for use of Children, a leading case, in 2. Car. trusties. trusties shall not be examined one against th'other. Sherborne contra Foster & Towneley, trusties shall not be examined as Witnesses one against the other, 7. Car. Windsor contra Sneath, a Trustee may sue in his own name, in 10. Car. May suein his own name. Mansell contra Aubery, a Trustee to put in security for money and damages, in Pasch. 7. Car. To put in security. Springet contra Springet, Brownes Case, 7. Car. Title. Title. Hunt contra Youngman & Clerk, the Court relieved the Plaintiff against a Title of Occupancie, in Mich. & Hill. 17. jac. lively A. foe. 371. & 874. Ewer contra Ewer about 2. or 3. Jac. Reeve cont' Alcock, 3. jac. lively A. foe. 201. Dux Buck contra Paul, 5. Car. Tovy contra Bristol, in the Court of Wards, Pasch. 11. Car. Hall contra Ingram, in the Court of Wards, upon th'intent of a Will, about 2. Car. Union. Union no advantage to be taken. RAwley contra Yaxley, concerning an Union or not, in 7. Car. Hartley cont' Deynall, Novemb. 37. Eliz. Custos new College contra Goslet, no advantage to be taken upon Unity of possession, 6. Ca●. and enjoining of Commons, such as for the most part of twenty years. Use. Use, one cannot be raised out of another. Sambach contra Dalston, because one Use cannot be raised out of another, yet ordered, and the Defendant ordered to pass according to the intent, 9 Car. Wastes. Waste. Waste done by one which held by Covenant, therefore not punishable by law, yet helped here. Songhurst cont' Dixy 221. William. Will or no Will determined in Court. Thimblethorp contra Thimblethorp, the question being only a Will or no Will determined in this Court, in Mich. 20. jac, lively A. foe. 222. Pawlet contra Carey, in Pasch primo Car. the contrary. An Averment of a Will good in equity. Peacock contra Glascock, an Averment of a Will not good by law, yet good in Equity, and the intent of a Will allowed, 6. Car. lively B. Cage contra Pearse, Will or no Will, referred to law, 10. jac. lively B. Written not to be revoked be a verbal. Moggeridge contra Wither, an Estate in land devised by Will in Writing after made a verbal Will to revoke that, which is not revocation, 13, Car. Sidenham contra Courtney, the lands to pass according to the intent of the Will, 41. Eliz. lively B. foe. 236. Witnesses. Witnesses examined before answer. Comes Suff. contra Harris, Examination of Witnesses before Answer, in 12. jac. lively B. foe. 951. Stratford contra Conaway, in 9 jac. lively B. foe. 1058. Bagnall contra Green, 2. Eliz. Hunt contra Goodwin, 9 Car. Dom. Morrison contra Wethired, Witnesses in the Court of Wards and Exchequer-Chamber to be used in this Court, in 10. jac. lively B. foe. 334. Examined after Commission taken away. Witnesses examined on the Defendants part, after the Plaintiffs Commississioners were gone away with the Commission, Trevor & Treveman, in 1594. Examined in Starchamberl after public. here and not allowed. A prescription of Common examined here and publication, and after Witnesses examined in Star-chamber, to prove assents to Enclosures, and not thought fit to be read here. Tenants of Petworth, and Earl of Northumberland, 1594. Tadlow being examined as a Witness Leave to amend his deposition. calling himself better to mind afterwards, was suffered to amend his former Examinations, and was further examined ad informandum. Trin. 27. Eliz. The Defendant examined after Plaintiffs left to his proofs, Meretvither contra Fulmer, 37. & 38. Eliz. A Witness once examined shall not be called up to be examined upon further point, Lord Scroop. Sir Tho. Egerton. Long contra Long, contrary about Hill. 17. jac. but Anguish contra Trevor, not admitted in Mich. 19 jac. Long contra Long, after Intergatories preferred in the Country by the Defendant, he may examine other Witnesses, either in Court or by Commission about Hill. 7. jac. Welby cont' Welby, in 36. Eliz. lively A. foe. 404 Cupid cont' Quaintron, Pasch. 12. jac. lively B. Hungate contra Crook, Witnesses examined in the Country, if the other side have seen their Interrogatories not to be examined here in Court, Trin, 11. jac. Viva voce at hearing. A Witness to be examined viva voce, at the hearing, Wright contra Moor, 6. Car. Comes Pembroke cont' Hacket, Trin. 8. Car. Examined before Answer. Knivet contra Webb, to examine Witnesses before Answer, Mich. 8. Car. To examine at hearing. To examine Witnesses upon Oath for proof of Acquittances, payments and other disbursments upon hearing, Comes Kancie contra Gore, in Pasch. 6. Car. Clotworthie contra Leech, June, 10. Car. Sheffeild contra Lipton, Maii 43. Eliz. Rotherom contra _____ in Hill. or Mich. 9 Jac. Examined after publication. Swan contra Turbervile, in Trin. 5. Car. Witnesses examined after publication, because the Defendants out, if publication or Rules shall stand. Examined after hearing and informand. Dulby contra Mace, Witnesses after hearing examined ad Informand Conscientiam Judicis Febr. 3. Jac. Examined in perpetual memory. Thynn contra Rawlinson, to examine Witnesses in perpetual memory, 5. Car. Hancorne contra Emery, after Publication examined Witnesses, Mich. 3. Car. Examined before Answered. Molesworth contra Oppie. Witnesses examined before Answer, 8. Car. Examined after publication. Weeks contra Thelwall, Witnesses examined after publication allowed, in 9 Car. Examined upon exceptions, etc. Henshaw contra Wright, to examine witnesses upon exceptions put into the Commissioners, upon the statute of Charitable uses, Trin. 9 Car. Examined after a Commission to counterprove. Tailor contra Tailor, Witnesses examined upon new Interrogatories after a Commission to counterprove a man's Testimony at law, upon which a Verdict passed, 9 Car. After hearing reexamined. Dux Lenox contra Dom. Clifton, Witnesses after a hearing reexamined to clear the matter by the advice of the Lord chief Justice, and Lord chief Baron, in 8. Jac. lib. A. foe. 381. Leech contra Manners, to examine Witnesses, who owes the soil of a Manor, in Trin. 6. Car. Examined after hearing. Veizey contra Veizey, Examination of Witnesses after a hearing, to prove a Court roll, in Mich. 14. Car. Whether to be examined in Court, or by Commission. Pinder contra Bateman, whether it be in the power of the party, to examine Witnesses in Court, or by Commission, will consider of Precedents in April, about 6. or 7. Car. look the reason. Examined in the Admiralty used here. Watkins contra Fursland, one examined in the Admiralty Court, used here at the hearing, 16. Eliz. lively A. foe. 530. Writings. Writings. Ward contra Scrimpshaw, Writings under the Plaintiffs Clerks hand, ordered to be recorded, 8. Car. FINIS. THE PROCEED of the High-Court of CHANCERY. NOtwithstanding the practice here before this time hath been, That no Subpoena should be sued forth of the court of Chancery without a bill of complaint first exhibited: yet of late, for the ease of all suitors and subjects, it hath been thought good, that every man may have a Subpoena out of the same Court, without any Bill first exhibited. And this is called a Sub poena adrespondendum. This Sub paena is the leading Process of this Court, by which the party defendant against whom the complaint is intended, is summoned and required to appear and make answer to the complainant, under a certain pain, and at a certain day to come. The days of Return here are the usual Returns, as in the ordinary Almanac; or else a Sub poena may be returneable at a certain day, after any the said usual Returns, or the great Feast days, from whence the Returns take their denomination: So that you must add (prox ') in place where cause shall require. As, if the Feast day be to come, than it must be Prox. futur. in unum mensem. But if the Feast day be past, than it must be die Paschae in unum mensem prox futur. And the like to other Returns, before or after other Feast days. Where, note what time you have for exhibiting of your Bill after the day of Return prefixed in your writ of Sub-p●na: If it be returneable upon a general Return day, as Crastin', Octabis, Tres, Mens, etc. after such a Feast, than you have time to put in your Bill vutill the second day before noon next following, the fourth day following every of the said Returns: and you must accounted the Return day, and the fourth day after it, for two of the said four days. But if the Subpoena be returneable on such a certain day of the month, than your Bill must be put in the second day after it before dinner. And howsoever the Subpoena be returneable, if it be but served on the same day whereon it is returneable, before noon, and the rising of the Court of Chancery, it is a good serving, and binds the defendant so served to an appearance with all convenient speed. If a Sub paena be returneable on a day certain, as on any day of the month, the bill not being in, the desendants Attorney may prefer costs the next day after; and if the bill come not in the next day after costs so preferred before noon or presently after dinner, the defendant is discharged with such costs as a Master of the Court taxes him. And so in the like case for a Sub paena that is returnable on a return day, the next day after the fourth day is cost day, and if the bill come not in the next day at noon or presently after dinner, the defendant, having preferred his costs the day before, is discharged from attendance, with his costs. When the defendant hath so got costs, he may have a Sub paena whereby to command the complainant presently, upon the sight thereof, to pay the defendant or the bringer thereof, the said costs, (as aforesaid:) Which Subpoena must be served on the Plaintiff personally. And if the complainant do refuse to pay the said costs accordingly, than the defendant may, upon Affidavit made that the Subpoena for cost was served, have an Attachment directed to the Sheriff of the County, to attach the complainant therefore. And upon return made by the Sheriff that the complainant cannot be found, an Attachment with Proclamation may be sued forth against the complainant. And that Proclamation being likewise returned by the Sheriff (as aforesaid) than a Commission of Rebellion may be sued forth against the complainant. But on the contrary, if the complainant do put in his bill, and the defendant appeareth not the next day after costs day (which costs day is usually the next day after the four days upon a return is out, or if the Subpoena be returnable on a day certain, than the next day after is costs day) than the complainant upon oath made that the defendant was served with a Subpoena, may have an Attachment, and further Process upon the Sheriff's returns of non est inventus. Where note, that the party which maketh oath that he served the Sub paena: Or that the Subpoena was served, must swear as followeth: That he delivered the Sub paena to the defendant. Or he shown the Sub paena to the defendant under the seal of the Court, and delivered to him a note of the day of his appearance, or a label of the Sub paena. Or he left the Sub paena at the defendants dwelling house or lodging, where the defendant most abideth. Or he must swear that he heard the defendant confess that he was served with a Subpoena. Or he must swear that he saw another serve the defendant with a Subpoena. Note, that if the party served with any such Subpoena do wrong or abuse the party who served it for the serving thereof, or useth: any words of contempt or slighting of his Majesties said Writ; upon oath made thereof, and motion thereupon, he is punishable for the same, by imprisonment in the Fleet, or otherwise at the Lord Keeper's discretion. And if the defendant do appear within the time limited, than the complaynants' Attorney may give unto the defendants Attorney, on the said day after the costs day, a Rule, that the defendant do make answer to the complainants' Bill, by the same day seven-night than next to come. This Rule and day given, must be entered into the Register. And if the defendant do not answer by the prefixed day so entered; or if he do not otherwise satisfy the Court by sufficient cause, and occasion of the delay, than the complainants' Attorney may take forth an Attachment against the defendant. The Causes whereby the defendant may satisfy the Court of the said delay in answer, are these, for the most part, of which the defendant must make oath, (viz.) He cannot make direct answer, without sight of his Evidences or Writings which are in the Country. Or he cannot answer without conference had first with some Person named in the said Bill. Or with some Person whom the matter toucheth. Or if the Bill be against the defendant, to express what goods he hath of the plaintiffs, he may make oath he cannot make perfect answer to the plaintiffs bill without sight and perusal of the said goods, which are in the country: And that place in the country, where those goods or writings, or parties live, must be above twenty miles from London, or else he must answer within eight days after his appearance, unless he get further time by order: And, if he do make such oath, than his answer is spared till the first day of the next Term following. This oath be made by the Solicitor, or some other for the defendant. Or that the defendant is not able to Travel without danger of his life, etc. And if upon such oath made, the plaintiff refuse to allow the defendant a Dedimus potestatem for taking his answer in the Country, the Court upon motion or petition will order it; which order is to be entered in the Register, and the Affidavit filled in the Affidavit Office. In case the defendant do not appear, or having appeared doth not answer in his time limited, nor showeth any of the aforesaid reasons in excuse, than an Attachment is awarded against him, which must be entered both in the house-book in the six Clerks Office, and in the Register, expressing the cause of the issuing of the said Attachment. But if no day be given to the defendant to answer, than the defendant hath liberty to answer at any time during the Term. And if he do it not within that time, hen an attachment may be sued forth 'gainst him of cou●se: and the same, with the cause thereof, must be entered into the Register: (viz.) That the Defendant appeared, and departed without answer. If the Subpoena be returnable so ne'er the end of the Term, that there cannot be a day given to the defendant to answer, he must at his peril answer by the same day seven-night following the day of his appearance, although it be in the Vacation: For the Chancery is always open. It is Officina semper aperta. If the Sub paena be returnable on the last return day of the Term itself, than the defendant is at liberty to apapeare the first Return of the Term following. But if it be a day certain, although the same be the last day of the Term, yet the Defendant must appear and answer by that day seven-night next following the said appearance. Note, there are no such Subpoenas to answer returnable immediately in Term time. And if the defendant make Oath that he cannot answer without Writings &c. or conference with some other person: Or if he have a Dedimus Potestatem, & Commission to make his answer he must at his peril procure his answer to be put in before the day after the first Costs day of the next Term following, unless it be Trinity Term; and than, and in such case, it must be put in the second day after the second return, else the complainants Attorney may, upon such default, make an attachment against the defendant, and enter the same into the Register, For that he hath not answered by the day prefixed. Or in other case, that he appeared and departed without answer; Or otherwise that he did not return the Dedimus potestatem at the day prefixed, etc. and as the cause shall require. If a Defendant living in the Country, having a Dodimus Potestatem granted him for the taking of his answer to the Plaintiffs Bill, or his Council find there is cause of Plea or Demurrer, upon a motion or petition, he may have a special Dedimus Potestatem by Order to answer, pled, or demur; But the Commissioners upon an ordinary Dedimus have not power to take any thing but an answer; And if a Demurrer be put in without Commission, the party must put the same in into the six Clerks Office in his own person: And if the Demurrer or Plea be not put into the Paper of Pleas and Demurrers in the Register appointed for that purpose, within eight days after the same is put in Court, to the end the same be argued before the Lord Keeper, as it shall fall in course after others; than the said Plea and Demurrer is overruled of course, and the Plaintiff may take forth a Subpoena against the Defendant to make a better answer, and an other for Costs, according to the Lord Keepers late Orders. This was want to be the course, but my Lord Keeper of late hath declared, that if a bill have cause of Demurrer he will not a bad bill good. In case a man be served with a Subpaena wherein his wife is named he being in London and his wife in the country or elsewhere, if he appear not for her, or she answer not as well as he, an Attachment is granted against them both though he appear and answer for himself. If she do not appear, than the Attachment is against him and her for her not appearance. If she do not answer, than against him and her for her not answering. If a Complainant die depending the suit, his Heir, Executor, or Administrator, who hath the Interest in the thing complained for, may put in a Bill of Revivor against the Defendant: or if the Defendant die, the Plaintiff may put in a Bill of Revivor against his Heir, Executor or Administrator. Also it is to be remembered, that if the Complainant exhibit his Bill against a man and his wife, for matter which wholly concerneth the wife, whereunto they make answer, & after answer made, the man dyeth; the Complainant cannot proceed in that suit against the woman without a Bill of Revivor, because the woman shall not be constrained to stand to that answer, which she together with her Husband or solely (as wife unto the man) made to the Complainant, for that she was the under Coverture. And after her husband's death (she being seized or possessed of the thing in Controversy as in her former estate) may (if she please) make a new answer, and shall never be bound or concluded by the answer which she made in her Husband's life time, for that she was than under Coverture. And yet (if she so please) she may stand to that former answer of hers and proceed in that suit accordingly. But if the Complainant exhibit a Bill against a Feme sole, whereunto she maketh answer, and afterwards marrieth, the Complainant may proceed against her husband and her without any Bill of Revivor: and her, husband shall be bound by that answer which she made before marriage, because she shall not be admitted to take advantage of her own act. Where (on the contrary) if a Feme sole exhibit her bill of Complaint, whereunto the Defendant answereth, and afterwards she taketh an husband, her husband and she shall not proceed against the Defendant, without a Bill of Revivor; because her suit is abated by her own act, whereof the Defendant may take advantage. And if a Man and his Wife exhite a Bill of Complaint, whereunto the Defendant answereth and the Man dyeth, the woman shall be at her choice whether she will exhibit a new Bill, or proceed upon the former. Note that in Chancery you cannot serve the Wife without her husband, though the matter in question do only concern her, and not him. Also, if two seized of joint estate; or two Executors of one Testament; or two Obligers or Obligees exhibit a Bill of Complaint, whereunto the Defendant answereth, and one of them dyeth. The Survivor of them may proceed against the Defendant, without any Bill of Revivor. And in all cases where a Bill of Revivor is requisite after the said Bill exhibited, and a Subpoena served on the Defendant to that purpose: the Complainant shall be in the same case, as he for his Predecessor was, at the time when the cause of Revivor accrued, unless the Defendant shall appear upon the said Subpoena, and by way of answer show good cause to the contrary: which Cause must be, that the Complainant in the Bill of Revivor, is not Heir, or Executor, nor standeth in the like case, nor have the like interest, or the like cause of Complaint, as before in the former suit. And no other cause is to be allowed. If the complainant exhibit his Bill of Complaint, for Title of any Lands, not of the yearly value of forty shillings: And the same be proved by Affidavit, or deposed, the Defendant shall be dismissed. Also, if the Defendant demurte to any Bill exhibited against him, or disclaim: the complainant cannot reply: For if the Defendant be called up by Subpoena ad Rejungendum, having before made no other answer but a Demurer or a Disclaimer, he shall have costs for unjust vexation. But after the Defendant hath answered, the complainant hath liberty all that Term, and all the next Term following that; and until the beginning of the second Term after answer, to put in his Replication. The next Term after answer put in, the Defendants Attorney may give the Plaintiff a Rule to Reply, and if he doth not Reply, than costs are awarded, and if he give no Rule and the Plaintiff reply not the second Term after the Term the Answer was put in, the Bill may be dismissed with costs by mortgage or of course. But if the Complaynants' Replication be put into the Court, the Defendant can have no costs allowed unto him. But than the Defendant may, if he● will, Rejoin gratis to the Replication, and enforce the Complainant to go to Commission. Which if the Complainant refuse, than the Defendant may have Commission to examine Witnesses on his own part against the Complainant, and shall have the carriage thereof. The Commission shall be directed to four such persons as the Defendant shall name; or to any three or two of them, without any warning to be given to the Complainant. But if in this case the Complainant will, he may join in Commission, and have the carriage of it himself. And than he must name four Commissioners indifferent men; and the Defendant four more, and two being struck out on each side the Commission is made up to the four that remain: and the Complainant having the carriage of the Commission must give the Defendant fourteen days warning of the day and place when and where the Commission shall be executed. This warning must be given, either by himself in person, or else left in Writing, at the House or place where the Defendant doth most reside. The Complainant in all cases of Commission to examine witnesses, shall have the first choice of Commissioners, and carriage of the Commission, and if he fail by not executing it, than the Defendant may renew it and have the carriage thereof, and give the complainant the like notice. If a Defendant be served with a Subpoena ad Rejungendum, and Oath be thereof made; Commissioners names being called for in the Term time to the Defendants Attorney, and the Defendant refuse to join in Commission the second Seal after the Term, the Complainants Attorney may make a Commission ex parte to the complainants own Commissioners and Interessers must be included in the Commission He shall examine Witnesses, in all these cases following: (Viz.) FIrst, upon a Bill by him preferred to examine Witnesses in perpetual memory of the matter to command the Defendant either by himself, or by his Attorney to appear immediately; and within fourteen days to show cause why the complainant should not examine Witnesses ●in perpetual memory. And if the Defeudant do thereupon appear by himself, or his Attorney, and show good cause to the contrary, such as the court shall allow, than the Complaynant shall not examine any witnesses in perpetuam rei memoriam, or perpetual memory. But if he do show no sufficient cause, nor join in Commission with the complainant, than the Complainants Attorney must prefer six Commissioners names to the Lord Keeper, or the court, etc. Four of the which, or four such other, as the Lord Keeper or the court shall appoint, shall be set down for Commissioners; and a Commission for the complainant shall be made forth, and directed to the said four Commissioners, or any three, or two of them, to examine witnesses, according to certain Articles heretofore set down in Chancery, which Witnesses are never to be published, during their lives, unless Oath be made. That the Complainant hath some trial wherein he should give them in evidence That the witnesses are notable to travel to the place where the trial should be. Or the Party Defendant will consent thereunto. Neither can they be given in Evidence against another, but against the party which was called, to show cause why the said witnesses should not be examined, or some other, claiming under him by some interest which accrued unto them, after the Bill preferred by the Complainant for the examination of witnesses. It is also used, that either party, after the Bill is exhibited, add Answer made thereunto, may examine witnesses in court here before one of the Examiner's. But the Complainant can have no Commission to examine his witnesses, unless, and before the Defendant be served with a Subpoena ad Rejungendum: Which Subpoena must be served in such manner as is before mentioned: And than upon Affidavit made of the serving thereof, the complainant (if the Defendant appear not that Term) shall have a Commission directed to four such Commissioners as himself shall name, or to any three, or two of them, for the examination of witnesses on his part, against the Defendant, without any warrant to be given to the Defendant. Upon the return of the said Sub●pae. na ad Rejungendum, The Complainant may give to the Defendant a day to Rejoin (viz.) The same day seven-night. By which time, if the Defendant do not rejoin, he shall loose the benefit thereof. And when that day so given to rejoin; is passed, the Complainant may give two ordinary days, (viz.) too Returns, for the Defendant to produce his witnesses; and than a Peremptory day: Before which day past, if the Defendant do come in, he may have a Commission to examine witnesses of course, without any motion; but he shall loose the benefit of rejoinder: And the Complainant, if he please to join in the Commission, shall have the carriage of it, giving to the Defendant fourteen days warning of the day and place, when and where the said Commission shall be executed. In the joining of this Commission, the Complainant must first name one Commissioner, unto whom the Defendant may give general exception: The Defendant must name the second; The Complainant the third; And the Defendant the fourth. The common exceptions which be given to Commissioners are these, (viz.) THat the Commissioner named, is of Kindred or Allied to the party, for whom he is named: That he is a Master to the party: That he is a Landlord unto him: Or a Partner unto him: Or have suit in Law with the adverse party to him, by and for whom he is named: Or is it of Counsel, an Attorney, or a follower of the cause of the one party: Or to whom the party is indebted: Or any other apparent cause of partiality, or siding with either party. And it is commonly used, that either party may give exception to one, and they seldom give exception to any more than one, on either party. And yet nevertheless, the Complaynants' Attorney may if the Complainant will, renew the said Commission also and give the like warning also unto the Defendant, if the Defendant renew it not. Upon the execution of either of which Commissions and return whereof either of them may give to the other a Rule for publication, thus, viz. dies that defend publicat. super Commis. junct. If the Defendant give the Rule, than thus: dies dat quer pro public. super Commis. junct. The day so given, is one week; which being expired, and no cause showed to the contrary, than Publication is granted; and neither party can examine any witnesses afterwards, unless it be by special order of the Court; which is never granted without an Oath made, that the party which requireth the same, nor any of them hath seen, or been made privy to any examination of any of the Witnesses formerly examined in this Court by either of the parties: And some good cause be shown, either by oath, or certificate of Commissioners, why the party could not get his said witnesses examined within the time limited for their examination. In which case, sometimes the Court giveth order to examine witnesses by a time prefixed, with this Proviso; That the party shall not in the mean time see the said former examination. And sometimes the Court giveth Order that the said party shall examine his witnesses, to inform the conscience of the Judge only and not otherwise. These Depositions are never published, but by especial order or consent of the parties; but delivered to the Judge, sealed up by the Officer, under whose custody they do remain, to the end he may peruse them. If any one be called by a Sub paena, to appear in this Court: And upon his appearance, the Complainant or any other doth arrest him in any other court; he shall have a Supersedeas to discharge the Action, because he must have free going and free coming. But it is not so, if the Complainant be arrested, except it be after issue is joined, and a day is given for the matter to be heard. And the complainant coming to the Court, with evidence to maintain his cause, is arrested: The Court in this case shall defend him, and set him free to follow his suit. But this is seldom seen: And he that is Plaintiff in the other Court, may declare, against him here Praesentem in curia, if he please. See 37. Eliz. If any one who hath Privilege in Chaucery, arrested into another Court, in a joynt-action with his Wife, for matter concerning her: Notwithstanding the Coverture, she shall not have any benefit of Privilege here. See Paul's case. The Clerks of Chaucery are to be sued in this Court, either by Latin or English Plea. The Order made and ordained by Sir Nicholas Bacon, Knight, Lora Keeper of the Great Seal, touching the Examination of witnesses (in perpetuam rei memoriam:) Dated the tenth of December, in the third year of the late Q. Eliz. follow foloweth. FIrst the Commissioners shall examine no Witnesses, but such as be aged and impotent. Item, the complainant, or party, who sueth forth the Commission, shall give warning by precept from the Commissioners, unto the party that should take prejudice by this examination, by the space of fourteen days at the lest, of the time, and place; when, and where the said Commissioners will sit upon this Commission. And the same warning being so given, the Commissioners are to be satisfied by the Oath of the party complainant, or of some other credible person that warning is given accordingly, before they shall proceed to the execution of their Commission. Item, If the party Adversant, or Defendant can show before the Commissioners good cause of exception, either against the witnesses produced by the complainant, or any of them, or against the Commissioners themselves; or otherwise, than they shall cease and forbear any farther execution of the commission. And the Commissioners shall certify and return the said causes and exceptions up with the commission. Item, If the party adversant cannot show sufficient cause (as aforesaid) than the commissioners shall proceed to the examination of witnesses; and the party adversant or defendants shall have liberty to join in the examination of the same witnesses, or o● any other likewise upon Interrogatories on his behalf (if he think good.) Item, The commissioners shall certify in their return of the commission, such acceptations as the defendant shall take against the proceeeding in the same Commission, and whether the De endant did appear or not? And if the Defendant did not appear, they are likewise to certify and return, whether Affidavit were made of the giving of warning by precept (as afore. said) or no? Orders to be observed before the granting of Publication of the said Commission. THe party who prayeth Publication, shall first by himself, or some other, make Oath that the Depositions of the same witnesses, are necessarily to be given in evidence on his behalf. Item, Oath also must be made, that the same Witnesses be either dead, or so aged, or impotent as they cannot travel to testify (viva voce) without danger of life. Item This Oath being so taken, a Master of the Chancery must first open the Commission, and consider whether this Order before mentioned hath been observed in all points: wherein he being satisfied, Publication is thereupon to be granted. Provided always, that no Depositions shall be given in evidence, but against those persons that were warned by precept (as aforesaid) or against their Heirs or Assigns. And provided also, That after examination had, and taken (as a oresaid,) and after Publication had, and granted of the same examinations: The party Adversant, or Defendant, shall not be admitted to have any new examination on his behalf, concerning the same matter. Item, This Order is to be observed in case where the commission is ex parie querentis only, and it is to be engrossed in Parchment, and subscribed with the hand of the Register, and to be annexed to every of the said commissions, but not otherwise. Fur if the Defendant join, than these articles shall not need. The difference used between a Joint. Commission in the aforesaid nature, and Commission ex parte followeth. THe Joynt-Commission is made in form, as all other general commissions to examine witnesses, Super Interrogator, ministrand, be, Adding to the end of the same these word (viz.) In perpetuam rei memoriam permansur. This Commission ex parte, is to have these rules inserted under the Registers hand, and the Commissioners names are specially to be assigned by the Lord Keeper, or, Lord Chancellor for the time being. Termino Michaelis, Anno Regni Elizab. Reg. Sext. MEmorandum, That all Injunctions granted for preservation of possession, during the suit in the Court of Chancery, shall have this clause and condition contained in them (viz.) That the party who prayeth possession, was in possession at the time of the Bill exhibited, and certain years before; And that his interest is not determined by forfeiture, surrender, or other lawful means, And Bond must be put in by the party who prayeth the possession, of the penalty of ten pound, with condition that this Information aforesaid is true. Item, That all Injunctions granted for the stay of suits at the common Law, shall have this clause and condition contained in them: (viz.) That the same suit desired to be stayed, is for and concerning the same matter depending in this Court, and as were begun at the Common Law, after the Bill exhibited into this Court; and that Bond be put in (as aforesaid.) Item, That no special Certiorare do pass without Bond first given, on the behalf of the party who desireth the same; with condition that the Bill exhibited containeth matter sufficient to bear a Certiorare, and that he shall prove the contents of this Bill to be true, within fifteen days after the return of the Writ, according to the order and course of this Court. And that upon the granting of every Procedendo the Bond aforesaid be remembered to the Lord Keeper. Termino Trinitatis, Anno Regni Elizab. Reginae Septimo. The Process now is made returnable but three days before the hoaring. It is ordered, that all Suits for no more than six acres of Land, or less, except the same be worth forty shillings by the year. And all Suits for matter under the value of ten pounds, shall be dismissed this Court, for such cause only proved. And this Court shall not retain any such: But the party who bringeth the same hither, shall pay costs to the Defeudant, as this Court shall award. Termino Michaelis, Anno Regni Eliz. Reg. Septimo. IT is ordered, that all Process to bear judgement, be returnable six or seven days before the day of Hearing, and not above, saving in the beginning of the Term, when the time will not permit so long warning. And the said Writs must he endorset on the backside, with the very day appointed for the hearing of judgement. And so much for that Term. By the general custom, and ancient usage of this Court, all Bills shall be retainable here, in case where the Equity of the cause requireth and beareth it, and wherein the common Law doth afford no relief, but rather pressure and rigour. After Publication once had the Complainant may procure a day of Hearing of course, by such as one of the six Clerks as dealeth for him. And he may at the end of the Term, when the Lord Keeper setteth down the days of Hear, procure his hearing to be set down amongst those assigned for the next succeeding Term. This was want to be ancient course of procuring of Hear, howsoever it was lately dis-used and (as I take it) the same is now restored again to the good contentment of all Suitors in this Court. The Order of Proceeding against such as refuse to obey His Majesty's Injunctions, proceeding and issuing out of the Court of Chancery. FOr the breach of an Injunction, this is the course commonly. If the Contemptor do not upon sight of the Injunction obey the same, but doth commit some Act in contempt or neglect thereof, than upon an Affidavit made of the serving of the said Injunction, and of the breach thereof, than an Attachment is awarded against the said Contemptor, etc. as in the case of Process, before mentioned and declared, and so further Process to common Rebellion and Sergeant at arms, etc. The Modern Orders and Ordinances of Chancery follow. Affidavits. NOT Affidavit shall be admitted or taken which shall tend to the proof or dis-proof of the Title or matter in question, or touching the merits of the cause. Neither shall any such matter be colourably inserted, in any Affidavit to be made touching the Serving of Process. Not Affidavit shall be taken against Affidavit so far as the Master of Chancery can discern, or take knowledge, etc. If any such be taken, the latter shall not be used or read in Court. Contempts. IN case of Contempts, granted upon force, or ill words, used upon serving of Process, or other words of Scandal, proved by Affidavit, the party forthwith upon motion will be committed, if the words spoken deserve it. But for other Contempts, against the Orders or Decrees of the Court. First, an Attachment goes forth upon Affidavit made. Than the party being taken is to be examined upon Interrogatories. His examination is to be referred, upon motion, to one of the Masters of the Chancery. And if upon examination, he confess matter of contempt, he is to be committed upon the like motion. If he confess it not, the Adverse party may upon like motion and order examine witnesses to prove the contempt. And if the contempt appear upon proof, the contemptor is to be committed therefore, upon motion and order likewise. But if the adverse party fail to prove the said contempt, or fail to put in his Interrogatories or other prosecution, than the party charged with the contempt, is to be discharged upon motion with good costs. Imprisonment upon Contempts for matters past, may be discharged of grace, after sufficient punishment: Or it may be otherwise dispensed withal in such case. But if the imprisonment be for performance of any Order of the Court in force: Than the Contemplator aught not to be discharged, except he first obey: Only, the contempt may be suspended for a time. Petitions. NOT Injunctions, Sequestration, Dismissions Retainer upon Dismissions, or Final Orders, shall be granted upon Petitions. Not former Order made in court, is to be altered, crossed or explained upon any Petition: But such Orders may be only stayed upon Petition for a small time, till the matter may be moved in court. Not Commissions for examination of Witnesses shall be discharged; Nor any examinations, or depositions of witnesses shall be suppressed upon Petition, unless it be first referred, and Certificate be made thereupon. Injunctions. INjunctions for possession or for stay of Suits after verdict, are to be presented to the Lord Keeper, or Lord Chancellor, being together, with the Orders whereupon they go forth; that his Lordship may take consideration of the Orders before he sign them. No Injunction of any nature shall be granted, revived, dissolved, or stayed upon private Petition. No Injunction to stay Suits at the common Law, shall be granted upon Priority of Suit only: Or upon the Surmise of the complainants' Bill only. But upon matter confessed in the Answer of the Defendant. Or matter of Record. Or writing plainly appearing. Or when the Defendant is in contempt for not answering. Or when the debt desired to be stayed, appeareth to be old, and hath slept long. The creditor and the debtor have been dead some good time, before the Suit brought. Where the Defendant appears not, but sits an Attachment: Or when he doth appear and departs without answer, and is under attachment for an answering: Orwhere he takes Oath, that he cannot answer without sight of Evidences in the Country: Or absenting himself in one private place, or beyond Sea, and cannot be found to be served with a Subpoena, upon Oath made, an Injunction is usually granted. In all these cases, an Injunction may be granted, for stay of suits at the Common Law, until the party answer, or appear in person in Court, and the Court give further order. An Injunction never is dissolved without motion on the adverse part. In the case aforesaid, where an Injunction is to be granted, for stay of suits at the common Law; if the like Suits be in the Chancery, either by Scire facias or by Privilege or English Bill; than the Suit is to be stayed by order of the Court, as it is in other Courts by Injunction. An Injunction is usually granted, if the party Defendant be in Contempt, or matter confessed, though after an arrest or further proceed at Law without bringing money in Court. Injunctions for Possession are not to be granted before a Decree, but where the Possession hath continued by the space of three years passed before the Bill exhibited, and upon the same Title, and not upon any Title by leave or determined. In case where the Defendant sits all the process of Contempt, and cannot be found by the Sergeant at Arms, or resists the Sergeant, or make reskues, a Sequestration shall be granted of the Land in question, and if the Defendant do not tender himself within the year, than an Injunction shall be granted for the Possession. Injunctions against the felling of Timber, or ploughing up of ancient Pastures, or for the maintaining of Enclosures, or the like, shall be granted according to the circumstances of the case, but not in case, where the Defendant upon his answer, claimeth a state of inheritance, except it be where he claimeth the Land in trust, or upon some other special ground. Injunctions shall be enroled, or the Transcripts thereof be filled. Order. WHere any Order shall be made against the general Rules of the Court, there the Register shall plainly and expressly set down the particular reasons and grounds, moving the Court to vary from the general rule. No order of the public Court is alterable upon Petition: vid. in the Title Petition. Register: Order. THe Registers are to be sworn. If any Order shall be made, and the Court not informed of the last martial Order formerly made, no benefit shall be taken by such Order, as being granted by abuse, and surreption: And to that end, the Register aught duly to mention the last former Order in the present Order. No Order shall be explained upon any Petition, but only in Court as they are made, and the Register is to set down the Orders, as they are pronounced by the Court, truly, at his peril, without troubling the Lord Keeper, or Lord Chancellor, by any private attending of him, to explain his meaning; and if any explanation be desired, it is to be done by public motion, where the other party may be heard. No draught of any Order shall be delivered by the Register to either party, without keeping of a Copy by him: to the end that if the Order be not entered; nevertheless, the Court may be informed what was formerly done, and not be put to a new trouble, and to the end also, that knowledge of Orders be not kept bacl too long from either party, but may presently appear at the Office. Where a cause hath been debated upon the hearing of both parties: and opinion hath been delivered by the court; and nevertheless, the cause referred to Treaty: the Registers are not to omit the opinion of the Court in drawing of the Order of Reference, except the Court do specially declare, that it is to be entered without any opinion either way. In which case, nevertheless, the Registers are out of their short Notes to draw up some more full remembrance of that which passed in Court to inform the Court if the cause come bacl, and cannot be agreed. The Registers upon delivery of the draught of any Order, unto the counsel of either party, are not to respect the Interlineations, or alterations of the said Counsel (be the said Counsel never so great) further than as to put them in remembrance of that which was truly delivered in Court; and so to conceive the Order upon their Oath and duty, without any other or farther respect. The Registers are to be careful in the penning and drawing up of Decrees; and especially in matters of difficulty and weight; and therefore when they present the same to the Lord Keeper, or Lord Chancellor, they aught to give him understanding which are such Decrees of weight, that they may be read and reviewed, before his Lordship sign them. Decrees. THe Decrees or dismissions made or granted in the Rolls, and those that are made in Court at Westminster on Wednesdays or Fridays, when the Lord Keeper is not present (being drawn up) are first to be signed by the Master of the Rolls, or the Judge that sat at the hearing of the cause, and than presented to the Lord Keeper to be likewise signed; which being done, than the same are to he enroled. NOT Decrees shall be reversed altered or explained, being once enroled, but upon Bill of Review; and no Bill of Review shall be admitted, except it be upon error in Law, appearing in the body of the Decree, without farther examination of matters in fact or he shall show some new matter which hath risen in time after the Decree, and not any new proof, which might have been used when the Decree was made. Nevertheless, upon new proof which is come to light since, and after the Decree made, and could not possibly have been used at the time when the Decree passed, a Bill of Review may be granted by the special Licence of the Court, and not otherwise. Also upon a Bill of Review the party Complaynant is to put in security before one of the Masters of the Court, to stand to and perform the order of the Court, upon the hearing upon such Bill of Review, In case of mis-casting, being a matter Demonstrative, a Decree may be explained, and reconciled by an Order without Bill of Review. Where note, that by the word Mis-casting, is not intended any pretended Mis-casting, or misvaluing, but only error in the Auditing, or numbering. No Bill of Review shall be admitted, or any other new Bill to change matter decreed, except the Decree first obtained, be performed: And if it be for Land, that the possession be yielded: If it be for money, that the money be paid: If it be for evidence, that the evidence be brought in; and so in other cases which stand upon the strength of the Decree alone. But if any Act be desired to be done, which extinguisheth the parties right at the Common Law (as making of Assurance and Release, Acknowledging of Satisfaction, Cancelling of Records or Evidence, and the like) Those parts of the Decree are to be spared, until the Bill of Review be determined: But such sparing is to be warranted by public Order made in Court. No Decree shall be made upon pretence of equity, against the express provision of an Act of Parliament. Nevertheless, if the construction of such Act of Parliament, hath for a time gone one way in general opinion and reputation; and after by a latter judgement hath been controlled: Than Relief may be given upon matter of equity for cases arising before the said Judgement: because the Subject was in no default. Imprisonment for breach of a Decree is in nature of an Execution, and therefore the custody aught to be strait, and the party not to have any liberty to go abroad, but by special licence of the Lord Keeper or Lord Chancellor being: But no close imprisonment is to be but by express order for wilful and extraordinary Contempts and disobedience (as hath been used.) In case of obstinate disobedience, in the breach of a Decree an Injunction is to be granted Sub-poena of a sum: and upon Affidavit, or other sufficient proof of persisting in contempt, Fines are to be pronounced by the Lord Keeper, or Lord Chancellor in open Court, and the same are to be estrated down into the Hannaper by special order. In case of a Decree made for the possession of Land, a Writ of Execution goeth forth, and if that be dissobeyed, than Process of Contempt, according to the course of the Court, is to go forth against the person unto the Commission of Rebellion; and than a Sergeant at Arms by special Warrant: and in case the Sergeant at Arms cannot found him, Or he be resisted, Or if he upon his commitment do persist in his disobedience, an Injunction is to be granted for the Possession, and in case that it also be disobeyed, than a Commission is to be made to the Sheriff, to put his adversary into possession. Where the party is committed for breach of a Decree, he is not to be enlarged, until the Decree be fully performed in all things which are to be done presently. But if there be other parts of the Decree to be performed at days or times to come: Than he may be enlarged by order of the Court, entering into Recognizance with Sureties for the performance de futuro but not otherwise. Where causes come to hearing in Court, no Decree bindeth any Person, who was not served with Process ad audiendum judicium, according to the course of the Court. No Decree bindeth any one that cometh in bona fide, by Conveyance from the Defendant before the Bill exhibited; and is made no party either by Bill or by Order. But where her comes in Pendente lite, and while the Suit is in full prosecution, and without any colour of allowance, or privity of the Court: there regularly the Decree bindeth. But if there were any intermission of suit, or the Court were made acquainted with the Conveyance, the Court is to give order upon the special matter according to Justice. Where a Decree made for a Rent to be paid out of Land, or a sum of money to be levied upon the profits of Land; there a Sequestration of the same Land being in the Defendants hand, may be granted upon the Decree. Where the Decree of the Provincial counsels, or the Court of Requests or the like, are by contumacy or other means interrupted: there the Court of Chancery, upon a Bill preferred for corroboration of the Decrees of that jurisdiction shall give remedy. Where any cause come to hearing here which hath been formerly decreed in any other of the King's Courts of justice at Westminster; such Decree shall be first read and than this Court shall proceed to hear the rest of the evidences on both sides. Decrees upon Suits brought after judgement, shall contain no words to make voided or weaken the. Judgement: But shall only correct the corrupt conscience of the party, and rule him to make Restitution, or to perform other acts, according to the equity of the cause. Bill of Review. Decrees are not to be reversed, altered, or explained, being once enroled, but upon Bill of Review. Bill of Review shall not be admitted, except the Decree be first obeyed and performed. No Bill of Review shall be put in, except the party that prefers it, enter into Recognizance, with sureties for the satisfying of costs and damages for the Delay, if it be found against him. Reference, Report. NO Reference upon a Demurrer, or question touching the Jurisdiction of this Court, shall be made to the Masters of the Chancery, but such Demurrer shall be heard and ruled in the Court, or by the Lord Keeper, or Lord Chancellor himself. For the confirming or ratifying of any Report, No Order shall be made, without day to be given by the space of a Seven-night (at lest) to speak unto it in Court. No Reference shall be made to any Master of the Court, or any other Commissioner or Commissioners, to he are and determine where the cause is gone so fare as to Examination of witnesses: Except it be in special cases of parties near in blood, or of extreme poverty, or by consent. And generally, References of the state of the cause, are to be sparingly granted; except it be by consent of the parties. No Report shall be respect in Court, which exceedeth the warrant o● the Order of reference which leadeth it. The Masters of the Court are required, that by Report they do not certify the estate of the cause; as if they would make Breviates of the Evidence on both sides, which doth little ease the Court; but that they do it with some opinion: Or otherwise, in case they think it too doubtful, to give opinion there; And thereupon they are to make such special Certificate, and the cause is to go on to a judicial hearing, without respect had to the same. If both parties consent to a Reference for the examination of Accounts to make the Cause more ready for hearing, it may be granted. But generally matters of Account, excepting in very weighty Causes, are not fit for the Court, but are to be prepared by Reference, with this provision nevertheless: That the Causes come first to hearing, and upon the entrance into a hearing, they may receive some direction, and be turned over to be considered and prepared. The like course of Reference is to be taken for the examination of Court Rolls upon any Customs; and the Copies shall not be referred to any one Master, but to two Masters at the lest. No Reference shall be made of the Insufficiency of any Answer, without showing of some particular points of the defects thereof, and not upon surmise of the Insufficiency generally. If a Complainant take exception to a Defendants Answer, he must deliver his exceptions to the Defendants cou●sell or Attorney; and if the Defendant within eight days amend his answer, he is to pay no costs; but if he do not, than a Reference is to be had to a Master of the Court, and if he report the Answer insufficient, than the Complainant may take out two Subpaena's against the Defendant, one for twenty shillings costs, and the other to make a better answer. Where a Trust is confessed by the Defendants answer, there needeth no farther hearing of the cause, but a Reference presently to be made of the Accounts, and so they are to go on to the hearing of the Accounts. Dismission. WHere Causes are dismissed upon full hearing, and the Dismission signified by the Lord Keeper or Lord Chancellor, and enrolled, such Causes shall not be retained again, neither shall any new Bill be admitted, except it be upon new matter, like unto the case of the Bill of Review. In case of all other Dismissions, which are not upon hearing of the Cause, if any new Bill be brought the Dismission is to be pleaded; and after Reference and Report of the Contents of both Suits, and consideration taken of the Cause or causes of the former Dismission: the Court shall rule and order the Retaining or Dismission of the new Bill, according to justice, and the nature of the Case. All suits grounded upon wills Nuncupative, Leases paroll, or upon long Leases, that tend to the defeating of the King's Tenors, or for the establishing of the Perpetuities; or granted upon Remainder over unto the Crown, to defeat purchasers; Or for Brocage, or Rewards to make marriages; Or for bargain at play; or Wagers for bargains for Offices, contrary to the Statute of the second of Edward 6. Or upon contracts for usury or Simony, are regularly to be dismissed upon motion, if they be the whole matter of the Bill; and there be no special circumstances to move the court to allow them a Proceeding. And all suits under the value of ten pounds, are Regularly to be dismissed. Dismissions are properly to be prayed and had, either upon hearing, or upon Plea unto the Bill, when the cause comes first into the Court. But Dismissions are not to be prayed after the parties have been at charge of examination of witnesses, except it be upon special cause. If the Complainant discontinue prosecution, after all the Defendants have answered, above the space of one whole Term, the cause is to be dismissed of course without motion. But after Replication is put in, the cause is not to be dismissed without motion and order of the Court: and that motion is not to be made till four Terms after the Replication put in, and that in case there have been no proceeding after the Replication, either by Motions, References, examination of witnesses, or the like. For double vexation, the cause may be dismissed. Where causes are Removed by special Certiorare, upon a Bill containing matter of equity; the Complainant is upon Receipt of his Writ, to put in Bond to prove his suggestions within fourteen days after the Receipt, which if he do not prove, than upon certificate from either of the Examiner's, presented to the Lord Keeper or Lord Chancellor, the cause shall be dismissed with costs, and a Procedendo shall be granted. Demurrer. DEmurrers and Pleas which tend to the discharging of any suit, shall be neard first upon every day of Orders, that the Subject may know, whether he shall need to give further attendance or no. A Demurrer is properly upon matter defective contained in the Bill itself: or foreign matter. But a Plea is of foreign matter, to charge or stay the suit. (as) That the cause hath been formerly dismissed, That the Complainant is outlawed. That the Complainant is excommunicate. That there is another Bill depending for the same cause. Or the like. And such Plea may be put in without Oath, in case where the matter of Plea appears upon Record, but if it be any thing which doth not appear upon Record, than the Plea must be put in upon Oath. No Outlary shall be allowed, without pleading Record Sub pede Sigilli: Nor plea of Excommunication without the Seal of the Ordinary. Where any suit appeareth upon the Bill to be of the nature of any of those which are regularly to be dismissed, according to the Order before mentioned the said Order is to be set forth by way of Demurrer. Answer. WHere an Answer shall be certified to be sufficient, the Defendant is to pay costs. And if a second Answer be returned insufficient in the points before certified for insufficient, than he shall pay double costs. And upon the third like case, triple costs. And upon the fourth, quadrupile costs, and than to be committed also till he shall have made a perfect and sufficient Answer and he shall be examined upon Interrogatories, touching the points defective in his Answer. But if any Answer be certified to be sufficient, than the Complainant is to pay costs. No Insufficiency of Answer can be taken hold of, after Replication put in, because it is admitted for sufficient by the Replication. An Answer to a matter charged as the Defendants own fact, must be direct, without saying that It is to his remembrance, or as he believeth, if it be bid down to be done within seven years before. And if the Defendant do deny the Fact than he must traverse it directly, and not by way Negative pregnant. As if a Fact be laid to be done with divers circumstances; the Defendant may not traverse it literally as it is laid in the Bill: But he must traverse the point of substance. So as if he be charged with the receipt of an 100 pounds he must traverse that he hath not received an 100 l or any part thereof. And i● he have received any part of it, he must set down what part he hath received. If a Hearing be prayed upon Bill and Answer: the Answer must be admitted to be true in all points. And a Decree aught not to be made, but upon hearing of the Answer read in Court. Where no Counsel appears for the Defendant at the hearing, and the Process appears to have been served, the Answer of such Defendant is to be read in Court. Not new matter is to be contained in any Replication except it be to avoid matter set forth in the Defendants Answer. The Fees of Proceeding in Chancery follow. SVb-poena Writ to answer, 2 s 6 d It there be three in the Sub-poena, you pay six pence the more, tot. 3 s 4 d This Sub paena may be served in any liberty whatsoever, so cannot an Attachment. The Attorney's Fee, 3 s 4 d The Attachment where the Defendant appeareth not 2 s 10 d The breaking of it up with the Sheriff. 2 ss The Return of that Attachment. 4 d The Proclamation of Allegiance upon the same. 2 s 10 d The breaking of it up with the Sheriff. 2 ss The Return of that Proclamation 4 d The Commission of Rebellion, 18 ss 2 d The Rule which the Complainant gives to the Defendant to make answer by a certain day, in case where the Defendant doth appear, 4 d As also for each Rule of publication after examination of witnesses, 4 d And for entering them in the Register, four pence a piece. The Attachment the Proclamation, Commission of Rebellion. For not anwering, as in case for not appear. as aforesaid. The Defendants Appearance, 3 s 4 d This is also his Attorneys Fee for the whole Term, Fe●d. Attourn. The Copy of the Bill, at eight pence the sheet. For the Oath made that this answer is true, 4 d For every Defendant 4 d pro consimil. quilibet Def. pro consimil. For the Commission to take the answer in the Country by Dedimus potestatem 7 s 10 d Besides the engrossing of the Bill which is included within it, every sheet inde, 6 d The Sub paena for costs, given to the Defendant, in case where the Complainant doth not put in his Bill within the time allowed, 2 s 6 d For a Bill of costs and entry of it, jude 2 s 4 d The Attachment, Proclamation, and Commission on of Rebellion, as in case aforesaid. A Joint Commission to examine Witnesses in the Country, 7 s 10 d For which the Plaintiff pays, 7 s 10 d And the Defendant, 6 s 8 d Besides the Term Fees of 3 s 4 d a piece. A Commission ex parte, to examine Witnesses in the Country, 7 s 10 d For examination of the first Witness here before Examiner's, 2 ss 6 d For every Witness examined afterwards, 2 s 6 d For drawing of the Replication, if it be done by Counsel, as in case for the Bill, as for the Bill. For the rejoinder, the like. If there be no new matter in the Replication of the rejoinder, your Attorneys Clerk will draw them for you of course, for some small matter. as you can agreed. For the Copies of the Depositions of any Witnesses returned by Commission, 8 d every sheet. For Copies of Depositions taken in the Examiner's Office, 12 d a sheet. For a Motion in Court, Counsel Fee. For the drawing of the Order thereupon cum Cop. 3 ss every side. For entering of the Order, every side, 6 d Fees of an Injunction follow. INjunction in all Viis & modis, 1 l 2 s 6 d Fees of a Decree follow. FOr a Decree the drawing, etc. as in case of an Order. Subpoena to Testify. 2 s 6 d Subpoena to Rejoin. 2 s 6 d Subpoena to Hear Judgement. 2 s 6 d For getting the Hearing to be set down, as you can agreed with your Attorney. For the Rules to publish the witnesses, being four. per piece 4 d Besides four pence a piece paid for entering in the Register. 4 d For Copy of Replication, rejoinder, Rebutter, and Subrebutter, as for copy of Bill or Answer, as aforesaid for Bill and answer. Subpoena supor ordinem, to show cause, 7 s 2 d Subpoena of Ducas tecum, 7 s 2 d Subpoena De executione ordinis. 10. ss The Charges of a Supplicavit in Chancery. ITem, the Oath. 4 d Item, the Supplicavit itself. 5 s 6 d Item, the warrant upon it, vic. ● s Item, or the Certiorare to certify the Bond taken upon it, 2 s 6 d The Charge of a Supersedeas in Chancery. TO the Master of the Chancery for taking of his Bail, 2 ss For the warrant. 2 ss For the Writ. 5 s 6 d For the allowance of it. 2 s The said Fees be only of the case of a single person, and for the peace only. But if it be of more persons, or for behaviour, as well as the Peace, than the charge is accordingly enlarged. FINIS.