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

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sollicitor of one of the parties was served with Subpoena to testifie in the cause in controversie and the Court discharged him by reason he was solliciter in the cause An. 20. Eliz. The plaintants Bill was for that he being a Coppyholder Leased to the defendant for years and the defendant hath digged gravell and sold the same away whereby the Coppyhold is prejudiced the defendant justified for that the Copyholders are not punishable in waste which cause this Court alloweth not of for though the Copyholders of the mannor are not punishable yet the Leasses of Copyholders of the Mannor are punishable therefore a Supoena is awarded to shew cause why an Injunction shall not be granted for staying his digging of gravell and felling Woods upon the Copyhold Lands Dalton plaintant Gill and Pindor defendants Anno 19. Eliz. Whereas the plaintant exhibited his Bill against the defendant for wilfull perjury the defendant hath demurred which this Court alloweth not of It is ordered a Subpoena be awarded to the defendant to answer Thomas Woodcock plaintant Giles Woodcock defendant An. 19. Eliz. Whereas there was an award in writing exhibited into this Court made between the said parties by Sir Christopher Wray Knight Lord chiefe Justice of England whereunto the Lord chiefe Justice hand as well as the parties are subscribed it was requested by the plaintants the same might be decreed by this Court which this Court refused to grant untill the defendants were made privy therefore processe is awarded Wakefield Vxor Aliis plaintants Hawson Vxor Aliis defendants An. 19. Eliz. The suit was to stay suit in the spirituall Court for a Legacy of 40 l. Ioan Banvill widdow plaintant Guy Banvill defendant Anno 19. Eliz. The suite was for common of pasture and Turbary the defendant demurred for that the plaintant may have remedy at the common law but ordered to answer Lawrence and Moregate Aliis plaintants Windham defendant An. 19. Eliz. Robert Goodwine made oath that at such time as he came to the house of the defendant to serve a Subpoena upon him according to an order of the 10. of May last one of his servants came forth and told him he was within who thereupon delivered the Writ to be delivered to the defendant his Master Goodwine plaintant Sullyard defendant An. 19. Eliz. The defendant made oath that he was served with a Subpoena by the plaintant in the name of one William Web utterly unknown to the defendant and now upon his appearance no Bill in Court against the defendant in the name of the said William Web or of the plaintant therefore 30 s. cost is awarded against the plaintants An. 19. Eliz. Forasmuch as the said Abel one of the defendants appeared and answered the last Terme and his wife did not therefore an Attachment was awarded against them both Monox plaintant Abel and his wife defendants Anno 19. Eliz. Whereas there was this present day exhibited into this Court a certificate under the Seale of the university of Oxford on the defendants behalfe testifying and declaring that the Chancellors of the said university and their successors from the time whereof the memory of man is not to the contrary as well by graunt and consideration of her Majesty as of her Majesties noble progenitors sometimes Kings of this Realme have had the cognizance and finall determination of all manner of Pleas strifes quarrels and controversies whatsoever Felony Maine and Franketenant onely excepted rising and growing as well within the precinct of the said City of Oxford as without within the Realme of England whereas one of the parties within the said suit action or plea is a Master or Schollor or common Minister of the same university or such a person as the Chancellor Vicechancellor Lieutenant or Commissary will certifie ought to enjoy the priviledge of the same university and that the same persons upon the shewing forth of the said certificate in any Court where they are impleaded ought to be discharged out of the same Court forasmuch as it appeareth by the said certificate that the said defendant who is brought up by a Subpoena to answer a Bill exhibited by the plaintant into this Court is a Batchelor of Law in the same university and for that also it appeareth by the plaintants said Bill of complaint that the matter therein contained is onely for certaine promises supposed to be made by the defendant to the plaintant touching certaine Goods Chattels and money therein mentioned and not Franktenement or any matter before excepted It is therefore ordered that the said defendant be of and from the said Bill of complant and matters therein contained from henceforth clearly and absolutely dismissed and the plaintant referred to take his remedy for the same before the Chancellor Vicechancellor Lieutenant or Commissary of the said University of Oxford according to the Tenor of the said Certificate Temple plaintant Foster Doctor of the Civill Law defen. Anno 19. Eliz. Thomas plaintant Mounson defendant produceth a Certificate of the University claiming jurisdiction of the same University therefore the cause is from hence dismissed to be tryed and determined there An. 19. Eliz. The plaintant in the end of Easter Terme by Master Griffeth his Attorney required the defendant to proceed to Commission for examining of witnesses and the defendant was ready to joyne sithence which time the plaintant contrary to the order of this Court as they alleage hath produced one of the Masters of this Court and one of the examinors to travell to the plaintants house in Wiltshire 60 miles distant from London there hath examined witnesses it is ordered that publication be stayed untill the matter be examined after publication is granted Darrall plaintant and Stukey defendant An. 19. Eliz. The plaint Father did purchase in Fee-Farm to him and his heirs the Mannor of Long Eason in the County of De●y of one Kymwelmarch rendring 8 l. rent with a condition of reentry for non payment of the rent deviseth the Land to another for life A ducens tecum for the evidences An. 19. Eliz. Forasmuch as the defendant hath appeared in this court upon an Attachment of priviledge and attended from day to day according to his Bond made in that behalfe and hath also pleaded an issue to the plaintants Declaration therefore the defendant is licensed to depart Dugdell plaint Orrell defend An. 20. Eliz. The defend by his Answer confesseth he was joynt purchasor in trust with the plaintants Father to them two and to the heires of the plaintants Father of the Lands in question and that he never received any profits thereof and that he meant at the plaintants full age to convey the Lands to the plaintant and his heires according to the trust it is ordered and decreed the defendant shall forthwith upon notice to him given convey his Estate in the Lands to the plaintant and the Heires
of his body begotten with such remainder over as in the last Will and Testament of the plaintants Father is expressed at the costs of the plaintant Young plaintant Leigh defendant Anno 20. Eliz. Bittenson one of the defendants demurred for that he was a Clerke of the Exchequer and ought to be priviledged there and the said Mary demurred without shewing any cause forasmuch as it was openly affirmed by the common voyce of the officers of the same that the said Bittenson may be impleaded in this Court notwithstanding any priviledge in the Exchequer and for that likewise if there were any such cause of priviledge yet he could not have the same in this suite by reason another party who ought not to have any such priviledge is joyned with him therefore a Subpoena is awarded against the defendants to answer East and Scudamore plaintant Bittenson and Mary Valence defendants An. 20. Eliz. It is ordered that in a Bill of perjury put in against the defendant he having put in his answer should not depart untill he be examined upon interrogatories according to the generall order and course in that behalfe accustomed for it was affirmed by the Officers of this Court that by the order and custome of this Court he ought to be examined upon interrogatories Philips plaintant Benson defendant Anno 20. Eliz. The defendant made oath the plaintant came to him on Easter day last in Barrington Church and commanded him in the Queenes name to appeare in Chancery the 17 day after which said defendant demanded the processe and the plaintant answered him he was to serve another and therefore would not leave him any note for his appearance and yet upon his appeance no Bill found in Court therefore the plaintant is adjudged to pay him 20 s. costs Syers plaintant Cotts defendant Anno 20. Eliz. Robert Hodgeson made oath that he left a Subpoena to make a better answer upon the doore of the lodging of the said defendant being at the signe of the Maidenhead without Temple bar whereas both by the report of divers of the neighbours thereabouts as by the recourse of her servants to and fro at the same time by all presumptions she the said defendant was then in the said house and yet she hath not made a better answer therefore an attachment is awarded against the defendant Croker plaintant Hampden defendant An. 20. Eliz. The said defendant hath this present Terme appeared upon a Subpoena at the plaintants suit 15 Pascha and no Bill in Court and for that the defendant hath lost the said Subpoena he cannot demand his charges for want of the said Bill it is ordered no processe of contempt issue out of this court against the defendant upon the said Subpoena Blanch Parvy plaintant Morgan defendant Anno 20. Eliz. The defendant made oath that one of the plaintants servants shewed him a Subpoena tres Pasch. return but would not deliver him the Writ or Labell and now upon the defendants appearance there is no Bill against him in court therefore costs Gray plaintant Gurney defend An. 20. Eliz. The defend by his answer disclaimed of the Clarkship of the Peace in question and confessed thereby that he delivered all the Records and Titlelings of Sessions which he had to Master Treutham Custos Rotulor in the County of Stafford and yet the plaintant hath replyed to the same to examine the manner of assault and other matters touching the death of one Ashbrook and goeth about to examine witnesses thereupon it is ordered that if cause be not shewed to the contrary that no witnesses shall be examined touching the manner of assault or death of Ashbrook or circumstances thereof Archbald plaintant Borrold defendant An. 20. Eliz. The defendant in a scir. fac upon a recognizance to pay 100 l. at Martine in the County of Surrey pleaded payment at Bristow where the Justice of Assize without speciall Commission commeth not to the intent onely to delay the party therefore it is ordered the defendant shall by Friday next either be sworne to his said Plea or else put in such a sufficient issuable Plea as he will stand unto at his perill Lovell plaintant Hopkins defendant An. 20. Eliz. The defendant demurred upon a Bill of Revivor exhibited by the plaintiffes against her for that she was a woman Covert during the time the first suit depended but ordered to answer for that she was party to the suit with the said Twynneho● her husband Ruthel uxor ejus plaintants Dom. Elizabeth Litton late wife to Edward Twinnehoe defendant Anno 20. Eliz. The plaintant and her husband exhibited their Bill against the defendant the husband dyeth the wife now plaintant exhibiteth a Bill of Revivor and goodw Alice Parrot widdow plaintant Randall and Cowarden defendants An. 20. Eliz. It is ordered that from henceforth no entry be made by any the Attorneyes into the Registers Book of this Court of any appearance of or upon any Attachment or Commission of rebellion but that the party so appearing shall first enter into sufficient Bond by Obligation to this Court to be taken by the Register of this Court with condition to attend from day to day and not to depart before he be specially licensed by this Court Pascha 20. Eliz. The defendant refuseth to answer the receit of rent and demurred for that the plaintant may have remedy by Law for the same therefore ordered a Subpoena be awarded to make direct answer Dixe Cantrell plaintants Lintoft defendant Anno 20. Eliz. Whereas information was made to this court on the behalfe of George Stidenham Esq. now Sheriffe of the County of Somersetshire That whereas a Capias upon a Recogn●zance of 133 l. 6 s. 8 d. issued out of this Court in Hilary Terme last to the Sheriffe against the said defendant the said Sheriffe had a Capias also for a debt due to her Majesty to him directed out of the Court of Exchequer both which Capiasses the Sheriffe returned into the said severall Courts the last Terme a cepi corpus languid●● in prisona whereupon a duces tecum issued out of the said Court of Exchequer to the said Sheriffe for bringing in of the body of the defendant into the said Court of Exchequer whereupon the said Sheriffe hath brought up the said defendant and made request this present day to this court that some order might be taken by this court that the defendant may remaine in execution for the debt of the said plaintant after he hath answered his said debt to her Majesty so that the said Sheriffe may not hereafter be charged by the returne made by the Capias upon the said Recognizance in this court it is therefore ordered by the advice of the right honourable the Lord Treasurer and the Lord chiefe Justice of England being present in court that a Habeas corpus be awarded to the Warden of the Fleet to bring
The matter complained of by the Bill is for 5 l. debt for Fish therefore dismissed Foord Foord plaintants Richards defendant Anno 21. Eliz. Symonds Brocebridge made oath that the said Elizabeth and Anne two of the defendants are above the age of 70. yeares a peece and that the said William was comming up to London in his company and they were both robbed and William his horse taken from him whereby hee could not come to make his appearance therefore a Commission is granted to take all the said defendants answers in the countrey Hill plaintant Elizabeth Worley widdow William Stapleton and Anne his wife defendants Anno 21. Eliz. Memorand that the 20. day of February last Sir Nicholas Bacon Knight Lord Keeper of the Great Seale of England dyed at York house and the Seale being the same day sent for by the Lord Treasurer remained with the Queenes Majesty till the 12. day of April last on which day the same was delivered to Sir Tho. Bromly Knight Lord Chancellor of England Paschae 21. Eliz. Whereby an order of the 10. of Feb. last a Subpoena was awarded against the defendant to shew cause wherefore an award therein mentioned should not be ratified Now Mr. Flowerdew of councell on the defendants behalf informeth that the said award was not made by any order of this court and therefore desired that the said defend may not be compelled to performe the same It is ordered that Councell on both sides shall attend the morrow sevennight and then order shalll be taken Barkley Miles plaintant Moore defendant Anno 21. Eliz. The plaintant exhibited his Bill as a priviledged man to Sir Francis Kempe Prothonotary of this Court for Lands lying in the County Palatine of Chester and for that it appeared by Letters Patents openle shewed in Court under her Majesties Great Seale of England that this Court by any priviledge should not hold plea of any Lands lying within the said County Palatine It is therefore ordered to be dismissed if the plaintant shew not good cause William Lomley plaintant Thomas Greene Thomas Marlow Robert Taylor and Iames Wagge defend●nts An. 21. Eliz. The plaintant was adjudged to pay the defen. 37 s. 6 d. costs for that he being served with Subpoena in Hillar Terme appeared and by his answer disclaimed and yet after the plaintant served him with a Subpoena to rejoyne but afterwards the same cost● were discharged by motion for that the defendant had before the costs put in his rejoynder but upon a disclaimer no costs is to be allowed Read plaintant Hawstead alias Lane defendants Anno 21. Eliz. The defendant was taken upon a Commission of Rebellion at the plaintants suite required his costs to be allowed him the Court asking the opinion of the Clerkes it was agreed with one consent that he should have his costs allowed therefore ordered accordingly Morgan plaint Ap Iohn Gowge defendant Anno 21. Eliz. The defendant maketh oath that he was served with a Billet in paper at the plaintants suit which Billet he lost by misfortune and upon his appearance no Bill is in Court against him therefore costs is awarded Brown alias Garris alias Pawdy plaintant Stoyck defend Anno 21. Eliz. The plaintant exhibited his Bill to examine witnesses in perpetuall memory touching a lease of Lands which hee and those by whom hee claimeth hath enjoyed 40. yeares the defendant by answer claimeth the Lands as Coppy-hold of inheritance to Mr. Sowthwell who is owner of the inheritance and within age and therefore prayed that no witnesses might be examined till Mr. Southwell be of full age and yet because the witnesses being old and may dye in the interim therefore a Subpoena is awarded against the defend to shew cause why a Commission should not be granted Hearing plaintant Fisher defendant An. 21. Eliz. Iohn Budden maketh oath that the defendants confessed unto him they were served with a Subpoena at the plaintants suite and have not appeared therefore an Attachment is granted Perry Ar plaintant Gatter alias Sharde and Cole defendants An. 21. Eliz. Upon the hearing of the matter for the Mannor of Laughtor and the Advowson of the Church of Laughton in the County of Bucking it appeared that the defendants and they from whom they claimed have beene in possession 100 yeares with divers discents therefore the defendants are dismissed Kinston plaintant Pigot aliis defendants Anno 21. Eliz. The defendant in Hillar Terme made oath that he could not answer without sight of evidences in the Country and having day given him he now hath put in no answer but a demurrer contrary to the orders of this Court therefore an attachment is awarded against the defendant Farmer aliis plaintants Fox defendant Anno 21. Eliz. Iohn Harry made oath for the serving of a Subpoena on the defendants to rejoyn therefore Munday next is given to the defendants to rejoyne or else to lose the benefit thereof Ioanes aliis plaintants Whitney Miles aliis defendants An. 21. Eliz. Whereas a Commission issued out to examine witnesses on both parties which is returned executed upon oath made by Giles Brever that he served precepts from the Commissioners upon W. S. Tho. Lin T. C. and Io. Peers to be examined on the defendants behalf before the said Commissioners who appeared not it is therefore ordered that a new Commission be awarded to the former Commissioners at the defendants charge as well to examine the said four witnesses as any other Shepheard plaintant Shepheard aliis Defendants An. 21. Eliz. The Duke of Northumberland acknowledged a Recognizance of 1000 Markes to the Lord Crumwell and after granted certaine Lands to the defendant afterwards both the Duke and the Lord Cromwell were attainted of Treason whereby the Recognizance came to the Queen and in her name was put in suit by one Lane to whom her Majesty had granted the same recognizance who sought to extend the defendants said Lands alone whereas there are divers other Lands to a great valew in other mens hands lyable to the said Recognizance therefore it is ordered that no Liberate goe out upon the said extent untill the Court order the same The Queenes Majesty plaintant Colborne defendant Anno 21. Eliz. The plaintant sought to be relieved upon an Obligation of 300 l. which he entred into to make a joyneture unto his wife in consideration of 174 l. promised to him by the defendant in marriage which was never paid unto him therefore an Injunction is awarded if cause be not shewed Osborne plaintant Havers defend An. 21. Eli. The plaintant and defendant both joyned in Commission to examine witnesses and the plaintant having the carriage of the Commission did not execute the same but did examine witnesses here in Court therefore ordered the defend should have a new Cōmission to the former Commissioners wherein the plaintant might also examine if he list and