will and commaund you and by vertue of these our Letters patents giue full power warrant and aucthoritie vnto you or to any viii vii vi v. iiii or iii. of you of which number we will that you c. be alwaies one to commit him or them to prison there to remaine till his her or their conformities shall be therein had willing commaunding you or any viii vii vi v. iiii or iii. of you of which we will c. be alwaies one that at such times places as to your discretions or to the discretion of any viii vii vi v. iiii or iii. of you of which number c. be alwaies one shall seeme fit and conuenient diligently to attend applie and with speede put in execution the effect of this our Commission so as the complainants before named or any of them which shall haue to do therein may not haue iust cause to make further complaint for delay or want of Iustice willing and commaunding you or any viii vii vi v. iiii or iii. of you of which we will c. be one to admit no dilatorie exception to any supplication or supplications bill or bils of complaint exhibited or to be exhibited before you or any viii vii vi v. iiii or iii. of you of which number we will that c. he alwaies one or otherwise to the ouerthrowing of this our Commission But according to our meaning herein to proceed and to go to the full hearing ordering decreeing iudging and determining of the right title and demaund of the parties aforesaid of for and concerning the premisses and euery part and parcell thereof and accordingly to decree and iudge as to equitie and right shall appertaine any act statute law prouision or ordinance to the contrarie thereof notwithstanding And therefore fayle you not as you tender our fauor for if our sayd Subiects O. D. P. P. I. F. M. D. and R. D. should be put from such triall of their right to the premisses as by this our Commission we haue prouided for them Their disabilitie and want of riches wealth friendship and alyance considered and of the other part the said Lord of H. their aduersarie being throughly furnished of all those things and withall being a Lord by byrth and of great calling and aucthoritie and inhabiting within the said Countie where the said lands c. do lye our said subiect should be in perill and danger to be without remedie at our common Lawes there which were no small mischiefe to them The premisses considered we haue graunted this our Commission according to the tenor aforesaid And further we will and commaund you and by vertue hereof giue full power and aucthoritie vnto you or any viii vii vi v. iiii or iii. of you of which we will that c. be one that after the right interest title and demaund decreed adiudged and determined as is aforesaid that you haue consideration vnto the hinderance losses and damages which the Complaynants or any of them as is aforesaid haue had and susteyned by reason of the wrongfull deteyning of the possession of the premisses and the said damages by you as is aforesaid taxed and extracted thereof to cause a full execution and satisfaction to be had and made vnto the said complainants and euery of them as is aforesaid And for the better putting in execution of this our Commission we will and commaund the Shirife of that our said County of D. and all other our Officers for the time being to whom in this case it shall apperteine that they and euery of them be attendant vpon you or any viii vii vi v. iiii or iii. of you of which we will that c. be one for thexecuting fulfilling and doing of all and euery act acts thing or things as shall be by you or any viii vii vi v. iiii or iii. of you of which be alwaies one commaunded limited or appointed In witnesse whereof c. Hauing hitherto in some sort shewed the writs of Commissions and course of proceeding in Chancerie suits It seemeth needefull now to expresse what Bills of complaint Answeres Replications Reioinders and Surreioinders be with diuers formes thereof according to the causes of suit ¶ What a Bill of Complaint is A Bill of Complaint is a declaration in writing shewing the Sect. 62. plaintifes griefe and the wrong which he supposeth to be done vnto him by the defendant and what damages he 〈◊〉 by 〈◊〉 sion thereof praying processe against him for â—edresse of the same as may appeare by many examples hereafter following whereupon Hostiensis hath these verses Quis quid coram quo quo iure petatur a quo Recte compositus quisque libellus habet And first the matter of euery bill ought to be true Secondarily the same matter ought to be layd downe therein plainely and certeinly in euery circumstance of the thing person time place maner of doing other accidents And thirdly the same ought to be sufficient in Law both for the forme thereof and for the matter that it be such as is examinable in this Court which being otherwise may be dismissed thence THe direction of all Bills in the Chancerie must be at the toppe Sect ' 63. thereof And when there is neither Lord Chancelor nor Lord Keeper it is thus To the Queenes most excellent Maiestie in her highnesse Court of Chancerie In most humble maner complayning sheweth vnto your most excellent Maiestie your most humble and obedient subiect H. C. c. And when there is a Lord Keeper as at this time thus To the Right honorable Sir Iohn Puckering Knight Lord Keeper of the great Seale of England And when there is a Lord Chancelor then thus To the Right honorable Sir C. H. knight Lord Chancelor of England Their other titles of honor may be also added in the said direction but they are not much necessarie What an Aunswere is AN aunswere is that which the defendant pleadeth or sayth in Sect ' 64. barre to auoid the plaintifes bill or action either by confession and auoiding or by denying and trauersing the material parts thereof And the title of such aunswere is thus The Aunswere of A. B. defendant to the Bill of complaint of C. D. complainant But if there be many defendants then thus The ioint and seuerall aunsweres of A. B. and C. D. defendants to the bill of complaint of E. F. complainant An aunswere is called in Latin Exceptio quae dicta est quasi quaedam exclusio quae interponi actioni cuiuscunque rei solet ad excludendum id quod in intentionem condemnationem iure deductum est Vlpianus What a Replication is A Replication is the plaintifes speech or answere to the defendants Sect. 65. answere which must affirme and pursue his bill and confesse and auoide denie or trauerse the defendants aunswere And note that the plaintife ought to replie the next Terme after that the defendant hath aunswered else may
of fines c. euer and office of Inrolment called the office of Inrolments of fines recoueries And the Iustices of the common pleas for the time being other then the chiefe Iustice shall haue take the care charge of for the Inrolments aforesaid see the examinations thereof and write their names vnto the rolles thereof haue enioy the said office the disposition thereof carefully see looke to th execution therof And haue for the Inrolment examination of euery such fine vi s. viii d And for euery exemplification of euery such Inrolment of any fine v. Exemplification sÌ„ for one yeres search iiii d for euery sheete of paper conteining xiiii lines iiii d And the Iustices of the common place haue power to take order in all things conuenieÌ„t for the said Inrolments and vpon examination in the said court to assesse fines and amerciaments vpon persons offending for Punishment their misprisions contempts or negligences for not doing or misdoing of any thing of in or concerning any such fines as they shall think meet and conuenient 23. Eliz. ca. 3. And euery writ of Couenant and other writ whereupon any fine is Inrolment of fines leuied the returne therof the Dedimus potestatem made for the knowledging thereof the returne thereof the concord the note and foote of euery such fine the proclamations made thereupon and the kings siluer vpon the request or election of any person may bee inrolled in the said office And the Inrolments of the same or of any part thereof shal be of as good force and validitie in the Law to all intents for so much of any of them so inrolled as the same being extant and remayning were or ought by Law to be 23. Eliz. cap. 3. Of the exemplification of the parts of fines inrolled VVHen any of the parts of a fine be inrolled according to the said Sect ' 175. statute then may the same be exemplified either vnder the seale of thoffice or vnder the great seale of England But to exemplifie such a fine vnder the great seale hath this discommoditie that if any errours remaine in the record of the same fine they be not amendable after the exemplification thereof 23. Eliz. ca. 3. but it seemeth this extendeth only to fines leuied before the same statute of 23. Eliz. ca. 3. These Inrolements and exeÌ„plifications seeme very necessary because that by the priuity and warrant of the said Court many errors happening in the former records thereof may be amended and these Inrolements will suffice if the former record thereof or any part therof be imbeselled or otherwise defaced 23. Eliz. cap. 3. The Exemplification of a fine inrolled according to the statute of 23. Eliz. ca. 3. Elizabeth Dei gratia c. Omnibus ad quos presentes litere peruenerint salutem Sciatis quod inter Irrotulamenta breuium aliorum depend ' pro finibus secundum formam statuti de termino Pasche apud WestmÌ„ Anno regni nostrÌ„ 29. rotulo 7. continetur sic ss Essex ss Eliz. Dei gratia Angliae Franciae Hyberniae Reginae fidei defensor c. vic' Essex salutem Praecipe E. W. armig ' I. vxori eius quod iuste sine dilatione teneant I. W. I. S. conuentionem inter eos factam de duobus messuagijs duobus gardinis duobus pomarÌ„ xx acris terre xx acris prati xl acris pasture C. acris iampnorum bruere cuÌ„ pertinÌ„ in B. W. Et nisi fecerint praed ' I. I. fecerint te securum de clamore suo pros tunc sumÌ„ per bonos summÌ„ praedictos E. I. quod sint coram Iusticiarijs nostris apud WestmÌ„ in Octabis Sancti Michaelis ostensuri quare non fecerint Et habeas ibi suminÌ„ hoc breue T. meipsa apud WestmÌ„ 17. die SeptembrÌ„ AnnÌ„ regni Reg. nunc 40. ✿ Pleg ' de pros IohanÌ„ Doo Richardus Roo ✿ SummÌ„ IohanÌ„ Den Richardus Fen. ✿ Georgius T. arÌ„ vic' ss ✿ I. W. dat dominae Reginae sex solidos octo denarios pro licenÌ„ concord ' cum E. W. armig ' I. vxore eius de placito conuentionis de duobus messuagijs duobus gardinis duobus pomarijs xx acris terre xx acris prati xl acris pasturÌ„ ceÌ„tum acris iaÌ„pnorum bruere cum ê‘tinÌ„ in B. W. Et habet CirrÌ„ per pacem admiss ✿ Coram R. H. vno Iustic ' dominae Reg. de banco Iustic ' in patria ss ✿ Elizabeth dei gratia Angliae Franciae et Hiberniae Reginae fidei defensor c. dilecto fideli suo R. H. vni Iustic ' suorum de banco Salutem Cum breue nostrum de conuenc ' pendeat coram vobis socijs vestris Iustic ' nostris de banco inter I. W. I. S. E. W. armig ' I. vxorem eius de duobus messuagijs duobus gardinis duobus pomarijs xx acris terre xx acris prati in B. W. in comitatÌ„ Essex ad finem inde inter eos coram vobis socijs vestris praedictis in banco praedicto secundum legem consuetudinem Regni nostri Angl ' leuand ' Ac ijdem E. I. adeo impotentes sui existunt quod absque maximo corporum suorum periculo vsque WestmÌ„ ad diem in breui pÌ„dicto contentÌ„ ad cognitiones que in hac parte requiruntÌ„ faciend ' laborare non sufficiunt vt accepimus Nos statui eundem E. I. compacientes in hac parte dedimus vobis facere voluerint de premissis Et ideo vobis maÌ„damus quod ad praef E. I. personaliter accedentes cognitiones suas praedictas recipiatis Et cum eas receperitis praefatos socios vestros inde sub sigill ' vestris distincte aperte reddatis certiores vt tunc finis ille inter partes praedictas de premissis coram vobis socijs vestris praedictis in banco praedicto leuari possit secundum legem consuetudinem supradictas Et habeatis ibi tunc hac breue T. meipsa apud WestmonÌ„ 18. die Septemb. Anno regni nostri 40. ✿ Respons infra nominatÌ„ R. H. adhoc breue Execuc ' istius breuis patet in quadam scedula huic breui annex ' ✿ Et est concordia talis scilitet quod E. I. nominatÌ„ in breue huic scedul ' annex ' recognÌ„ tenÌ„ in dicto breue specific ' cum pertinentijs esse ius I. W. in eodem breui nominatÌ„ vt ill ' que ijdem I. I. S. in dicto breue nominatÌ„ habeant de dono praedict ' E. I. Et ill ' remiserÌ„ quetÌ„ clamÌ„ de se hered ' suis prefatÌ„ I. I. hered ipsius I. W. imperpetuum Et preterea ijdem E. I. conc ' pro se hered ' ipsius I. quod ipsi warrantÌ„ tenementa praedicta cum pertinentijs praefatÌ„ I. I. hered ' ipsius I. W. contra
him your said Orator And for because your said Orator hath not any specialtie or witnesse to proue the deliuery of the saide xx pound he is therefore thereof without remedie by order and course of the common lawes of this Realme and is vtterly like to loose the said summe contrarie to all equitie good conscience and true dealing vnlesse your honorable Lo. fauor and lawfull aide be herein shewed In tender consideration whereof may it please your honorable Lo. the premisses considered c. The Answere of the said Bill THe said defendant saith that the said Bill of complaint is very vntrue Sect ' 84. and insufficient in the law to be answered vnto for diuers apparant matters therein conteined and that the same is deuised by the said complainant and exhibited into this honorable court of meere malice and euill wil to thintent to put this defendant to great charges and expences without any good matter or iust cause or colour of cause so to doe And that if the said supposed matter were true as indeede it is not yet were the same determinable at and by the common lawes of this Realme and not in this honorable crurt whereunto this defendant prayeth to be dismissed with his reasonable costes and charges in this behalfe wrongfully sustained without that that the said complainant by way of prest at the feast of Penticost in the saide three and twentith yeare of the Queenes Maiesties Raigne or at any other time did deliuer vnto this defendant the said summe of twentie pounds to be paid vnto him at or before the said feast of S. Bart. the Apostle as in the said Bill is supposed And without that that the said complainant manie and sundrie times required payment of the said twenty pound as in the saide Bill is likewise vntruely supposed And without that that any other matter thing or things clause sentence article or allegation in the said bill contained materiall or effectuall in the law to be answered vnto and not herein in this his answere sufficiently confessed and auoided denied or trauersed is true All which matters c. A Bill of deteining bonds and bils paid praying an Iniunction to stay suite thereupon To the Right Honorable Sir C. H. Knight of the noble order of the garter and Lord Chaunctllor of England HVmbly sheweth vnto your good Lo. F. L. of S. in Ie dale in the Sect ' 85. Countie of D. Esquier That whereas your said supplyant did long sithence in his fathers life time at diuers seuerall times the certainty whereof your Lordships said Orator doth not now remember vpon some occasion that he then had to vse more money then he had then in store did borrow and take to Ioane of one R. S. of S. in the said Countie of D. yeoman diuers summes of money vpon receipt whereof your Lordships said suppliant did alwaies deliuer vnto the said R. S. either sufficient Obligations of double the summe borrowed or else his the said F. L. your Lo. said suppliants single bill obligatorie for repaiment of all such summes of money as he then borrowed at such times as were then agreed vpon betweene them And amongst the rest your Lo. said Orator did about twentie yeares since as he now remembreth borrow of the said R. S. the summe of xx l for the repaiment wherof at a certaine day therefore then agreed vpon betweene them your Lo. said suppliant did then deliuer vnto the said R. S. his bill obligatorie for his sufficient assurance thereof the which said xx l like as also al the other sums of money so borrowed by your L. said suppliant as is aforesaid he the said F. L. your L. said suppliant hath most certainly now long sithence repaied vnto the said R. S. at such time as hethe said R. was wel therewith cōtented as wel in ful discharge of the said bill obligatorie of xx l as of all the other bonds and writings so entred by your Lo. said suppliant as is aforesaid And in respect that he the said R. S. had not the said bill obligatorie for the said xx l readie to be cancelled and redeliuered at the saide repayment of the saide xx pound he the said R. S. did then verie faithfully promise vnto him that made the saide repayment that he the saide R. S. woulde assuredly cancell the said bill obligatorie whensoeuer the same should next come into his handes But so it is if it may please your good L. that the saide R. S. hath lately put the said Bill for the saide xx pound in suite as your Lordshippes saide suppliant is credibly informed meaning to be double paid for the said xx pound in the said bill mentioned against all equity and good conscience In consideration wherof and for asmuch as your Lordships said Orator hath no remedie at the common law either to recouer the said bill obligatory for the said summe of xx pound from the said R. S. or otherwise to pleade in discharge thereof And forasmuch as the said R. S. hath diuers other the said obligations and writings yet remaining in his hands which are likewise satisfied and which he hath promised to deliuer ynto your L. said suppliant at diuers times now long sithence passed the which to do he hath hitherto not fulfilled and in verie good sort by your Lordships said Orator and his seruants oftentimes required for like recouery or discharge whereof your Lordships said suppliant standeth likewise destitute by the strict course of the common lawes It may therefore please your good L. to award aswell the Queene Maiesties most gratious writ of Iniunction to be directed vnto the said R. S. and all and euery of his Counsellers Attorneis Sollicitors and Factors comcommaunding them and euerie of them thereby at a certaine day and vnder a certaine paine therein to be set downe by your good Lordship no further to proceede in the suite vpon the saide xx pound bill vntill your Lordshippe shall haue taken further direction therein as also the Queenes Maiesties writ of Subpena to be directed to the said R. S. commaunding him thereby c. A Bill to examine witnesses in perpetuam rei memoriam touching a lease made in trust by the plaintife to the defendants To the right honorable Sir C. H. Knight Lord Chancellor of England IN most humble wise complaining sheweth vnto your honorable Sect ' 86. Lordship your suppliant and daily Orotor T. B. of B. in the countie of Y. Esquier That whereas your said Orator about sixe yeares now last past was and yet is lawfully seised in his demesne as of fee of and vpon one mesuage or tenement called B. and of diuers landes and grounds thereunto belonging or with the same commonly vsed or occupied lying and being within the Lordship of M. in the county of Y. and he being therof so seised vpon special trust and confidence which he then reposed in one W. G. of B. in the countie of Y. and M. his wife by his
day and vnder a certaine paine by your good Lordship to be limitted therein to stand to c. A bill contayning that the plaintife taking vp of a Mercer vpon his credit Silks and Veluets put his hand to the debt booke of the parcels of the said Silks and Veluets witnessing his debt for the same and afterwards the plaintife for the better securitie of his saiddebt made him a bill of his hand for the same debt and that the plaintife afterwards at the desire of the Mercer procured his eldest brother to become bound to the saide Mercer for the payment of the plaintifes saide debt vpon the Mercers promise to take no aduantage thereof vntill after the death of the plaintifes father Afterwards the Mercer dyeth intestate and the administration of his gods is committed to R. A. by a practise of the Mercers creditors The administrator bringeth an accion of debt against the saidplaintife vpon his said bill of debt and also threatneth to sue the plaintife and his brother vpon the said booke of parcels and the bond and then sheweth that he tendred the debt to the Administrator who refused the same and so prayeth proces To the Right Ho. Sir Io P. Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your Ho. Lordship Sect ' 144. your daily Orator T. D. Gentleman That whereas your Orator being of late seruant in houshold to the right Ho. Sir C. H. Knight of the most noble order of the Garter deceassed late Chancellor of England hauing then small maintenance from I. D. of D. in the Countie of C. Esquier his father did make his estate knowne to one N. B. of London Mercer now deceassed being your said Orators very neere kinsman who was content to giue your said Orator credit for diuers parcels of Silks and Veluets at sundrie times amounting in the whole to the somme of 22. l or there abouts for the which your Orator did subscribe his hand to the debt booke of the said N. B. wherein the said parcels of Silks were set downe vnder the same parcels witnessing the said debt And at an other time after that your saide Orator did seale and deliuer vnto him a bill of your Orators hand for his better securitie of the payment of the said debt And afterwards because your Orator was but a yonger brother the said N. B. desired your Orator to procure his eldest brother P. D. sonne and heire apparant of the saide I. D. for the better securitie of the said debt to become bound to the said N. B. by Obligation for the payment of the said debt promising neuerthelesse to take no aduantage of the said Obligation nor to put the same in suite during the life of the said I. D. whereupon the said P. D. at your Orators request did become bound to the said N. B. by Obligation accordingly and your Orator did then seale and deliuer to the said P. D. his brother a Counterbond to saue him harmelesse from the said Obligation So as the said N. B. by the seuerall meanes aforesaid had three seuerall kinds of assurances or specialties for one and the selfesame debt that is to say his debt booke subscribed with your Orators hand a bill of debt sealed and deliuered vnto him by your Orator and an Obligation sealed and deliuered vnto him by the saide P. D. And now so it is if it may please your good Lordship that the said N. B. is lately deceassed after whose deceasse the administration of his goods and cattels is committed to one R. A. an vnknowne person that cannot be found whose name is but vsed by others in all vnconscionable suits For if it may please your good Lordship R. S. Alderman of London R. W. and F. S. pretending themselues to be creditors of the said N. B. hauing procured the said bill of debt and obligation to be set ouer vnto them haue thereupon not onely commenced suit in the Queenes Maiesties Court of Common Pleas at Westminster in the name of the said R. A. as administrator of the goods and cattels of the said N. B. against your said Orator vpon his said bill of debt of 22. l but also do threaten to commence one other suit against your said Orator vpon the said debt booke and alike suit against the said P. D. vpon the said Obligation And albeit your said Orator haue diuers and sundry times offered and tendered to pay the said debt of 22. pound to the said administrator with such reasonable costs and expences as hath bin by him expended and bestowed in the said suit at the Common lawe and is ready to pay the same Yet neuerthelesse the said R. A. R. S. R. W. and F. S. do refuse to accept thereof And the said R. S. c. do very hotely prosecute the said suit at the commonlawe in the name of the said R. A. contrarie to equitie and conscience and do procure and cause the saide R. A. to absent himselfe so as your saide Orator cannot tell where to finde him to deliuer vnto him any proces to compell him to answere to his said vnconscionable dealing and yet the said suit at the Common lawe is still prosecuted in his name by the meanes and procurement and at the costs and charges in lawe of the said R. S. c. or by some of them who haue procured the said debts to be assigned and set our vnto them as is aforesaid In consideration whereof and for that it is against all conscience to take aduantage of the said treble assurances made for one selfesame debt And for that your said Orator is remedilesse therein by the due course of the common lawes of this realme and for that your said Orator is readie to pay the principall debt being 22. pound together with reasonable costs of suit May it therefore please your good Lordship to graunt vnto your said Orator the Queenes Maiesties most gracious writs of Subpena to be directed to the saide R. A. R. S. c. commaunding them and euery of them to appeare personally before your good Lordship in her Maiesties high court of Chauncery at a certaine day and vnder a certaine paine therein to be by your good Lordship limitted then and there to answere to the premisses and to stand vnto and abide such further order and direction therein as to your good Lordship shall seeme to stand with iustice and equitie and your said Orator shall dayly pray c. A bill contayning that a Widow seazed in fee of three messes c. thereof enfeoffed diuers persons in fee for the performance of her last will and testament and by the same she deuised the said measses c. to her sonne in taile generall with diuers remainders ouer and dyed That the deuisee dyed hauing issue the plaintife That the feoffment and will is come to the defendants hands That by cullour thereof he hath entred and expulsed the plaintife and hath made diuers
secret estates to diuers vnknowne persons to defraude the plaintife of his apt remedie by the common lawe and so prayeth proces against the defendant To the Right Honorable Sir T. E. Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your good Lordship Sect. 145. your dayly Orator I. B. labourer That whereas R. G. Widowe was lawfully seazed in her demesne as of fee of and in three messes twentie acres of land meadow leasowe and pasture with the appurtenances set lying and being in M. in the Countie of B. And the said R. G. being so seazed of all the premisses did of the same about fortie yeares last past enfeoffe certaine persons To haue and hould to them and their heires to the vse and performance of the last will and testament of the saide R. G. and by the same her will deuised all the premisses or the vse thereof to her sonne W. B. and to the heires of his body lawfully begotten with diuers remainders ouer and dyed by and after whose death the said W. B. into the premisses entred and was thereof lawfully seazed in his demeasne as of fee tayle generall by force of the gift aforesaid And the said W. B. so being seazed of the premisses died of such an estate thereof seased by an after whose death the same premisses did discend and come to your said Orator as sonne and heire of the body of the said W. B. by force of the deuise aforesaide by reason whereof your saide Orator in the premisses entred and was thereof seazed in his demesne as of fee by force of the saide gift in taking the issues and profits accordingly vntill of late that is to say about foure yeares last past that as well the saide deede of feoffment and last will and testament aforesaide as also diuers other euidences charters escripts and miniments concerning the premisses are by casuall meanes come to the handes custodie and possession of one R. W. of S. aforesayde in the sayde Countie yeoman who by cullour of hauing of them hath not onely entred into the premisses and thereof expulsed your sayde Orator but also hath contriued diuers secret estates to diuers and sundry persons to your Orator vnknowne in purpose to defraude and delay your sayde Orator to his apt action and remedie by the course of the common lawes of this realme for recouerye of the prâ—misses to your Orators vtter vndoing and disinheritance for euer And for as much as your sayde Orator knoweth not the certayne number nor the dates and contents of the sayde Euidences Charters Escripts or Miniments nor yet wherein the same be contayned whether in bagge or boxe sealed or vnsealed or in chest locked or vnlocked by reason whereof your sayde Orator is clearely without all remedye for the recouerie thereof by the ordinarie course of the common lawes of this Realme In tender consideration whereof may it please your good Lordship the premisses considered to graunt vnto your sayde Orator the Queenes Maiesties most gracious writ of Subpena to be directed vnto the sayde R. W. commaunding 〈◊〉 thereby persoâ—â—lly to appeare before your good Lordship in the Queenes Maiesties high court of Chauncerpe at a short day and â—â—der a certayne payne therein to be limited then and there to answere to the 〈◊〉 and to abide such order and direction therein as to 〈◊〉 and iustice shall appertayne And your said poore Orator shall dayly pray as â—e is bounden for the health and long life of your good Lordship with all increase of honour to Gods will and good pleasure A bill against two for the deliuerie of heâ—reloomes or principalls to the plaintife being sonne and heire according to the custome of the Countie Pallantine of Chester To the Right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great seale of England COmplayning sheweth vnto your good Lordship your dayly Orator Sect. 14â— I. S. of Lincolnes Iâ—â—â— Geâ—â— sonne and heire of I. S. of D. within the Countie of â— That where as the sayde I. S. was in his life time lawfully possessed of and in diuers goods and Chattels as of his owne proper goods that is to say Plate Iewels houshold stuffe beasts cattaile horses and other manner of goods amounting to the value of fiue hundred pound or neere thereabouts and so being thereof possessed made his testament and last will ordeyning thereof Elizabeth then his Wife and nowe Wife to B. P. his sole executrix and shortly after dyed possessed of the premisses as aforesayde within the said Countie of C. Immediatly after whose death the said E. did take vpon her the administration of the said goods and other the premisses accordingly by vertue whereof she was thereof possessed accordingly But so it is and please your Honor that the custome of all the countrie within the said Countie of C. is and time out of minde of man to the contrarie hath beene that if any person or persons being possessed of goods and cattels as of his owne proper goods and cattels and dye thereof possessed that the next heire to him that so dyeth possessed shall haue the best and principall thing of euerie sort and kinde of the said goods and cattels for and in the name of the principals and heire Lomes by force vertue whereof your Orator being the sonne and heire of the said I. S. was after the death of the saide I. S. iustlie entituled to a great part of the said goods and cattels amounting at the least in value to 200. pound or neere thereabouts by reason whereof and for that your said Orator was at the time of the death of his saide father vnder age of xxi yeares and yet is and in ward to the Queenes Maiestie and hauing the possession of so much of all the said goods and cattels as to your said Orator did appertayne and of right belong by vertue of the custome aforesaid being verie neere to the value of two hundred pound by deliuerie of the saide E. in her Widowhood immediatly after the death of the saide I. S. your saide Orator did incontinently thereupon deliuer the same to the said E. to be safely by her kept to your saide Orators vse and to be in like maner safely redeliuered to your saide Orator at such time or times as by your saide Orator or his assignes she should be thereunto required sithence which said redeliuerie made by your said Orator to the said E. as aforesaid the said E. hath taken to husband one B. P. Genâ— by reason whereof all the said goods cattels and other the premisses were and did come after the said entermariage into the hands and possession of the same B. P. which said E. sithens the said deliuerie made by your said Orator vnto her as aforesaide before the day of entermariage hath vtterly refused to make any redeliuerie of the said goods and cattels so by your said Orator to her deliuered as aforesaid or yet to make
any satisfaction thereof to your said Orator and the said B. and E. alwaies sithens the saide entermariage haue refused and yet do refuse to redeliuer the same or yet to make any satisfaction therefore to your said Orator notwithstanding many lawfull and gentle requests to you and either of them made in that behalfe by your said Orator contrarie to all right equitie and conscience In tender consideration whereof and forasmuch as your said Orator doth not know or remember the certaine or precise perticulars or valew of the said goods and cattels which of right do belong to your said Orator and deliuered by your said Orator as aforesaid by reason of your said Orators then tender age being not then of discretion to haue the custodie and rule thereof and so remedilesse by the order of the common lawe for the recouerie thereof or of any part thereof or to haue any satisfaction made to your said Orator by the said B. and E. or by either of them It may therefore please your good Lordship the premisses considered to graunt the Queenes Maiesties writs of Subpena to be directed to the saide B. P. and E. his wife commaunding them and either of them to appeare before your good Lordship in the Queenes Maiesties most honorable court of Chauncery at Westminster then and there to answere to the premisses and therein to stand to abide and performe such order and direction as to your good Lordship shall be thought to stand and be consonant to equitie and good conscience and your said Orator shall dayly pray to God for your good Lordship in health and honor long to continue A bill by a noble man containing that the plaintife tooke vp vpon his credit Veluets and Silks of the defendant at a deere rate and gaue his owne bond with suerties for the payment of the same and that afterwards he tooke vpon his credit of him more Veluets and Silks as the like deere rate and being within age knowledged a statute staple to the defendant for all his whole debt vpon his promise to deliuer to the plaintife his obligation which he had made for his first debt to be cancelled the plaintife allowing interest to the defendant for the forbearance notwithstanding the deere prices and rate he bought the stuffe at for which the said debt grew and then sheweth that he paid not his debt at the day contained in the statute staple and that the defendant threatneth not only to sue the said bond but also to sue execution of the said statute against him and prayeth deliuerie or release of his obligation and proces against the defendant to answere the bill To the Right honorable Sir Christopher Hatton of the most noble order of the Garter Knight Lord Chauncellour of England COmplayning sheweth vnto your good Lordship E. S. Lord D. Sect. 147. That whereas he the said Lord D. during such time as he was vnder the age of 21. yeares at sundrie times had and bought of one I. L. Citizen and Mercer of London diuers parcels or peeces of Veluet Silke and such like at excessiue prices and not hauing then readie money to pay for the same the saide Lord D. together with one R. S. Gen◠and others did enter into sundrie bonds to the saide I. L. for the payment thereof at seuerall dayes after alwayes allowing vnto the said I. L. ouer and besides the excessiue prices which he was to pay for the same Veluets and Silks further consideration or rather as it may be said vsurie for the forbearing thereof till the time of payment And afterwards the said Lord D. during the time of his minoritie aforesaid had and did buy other parcels of Veluets Silks and such like of the said I. L. at like excessiue prices which likewise the said Lord D. did not then pay for the prices or summes of money whereunto the said parcels of Veluets Silks and such like lastlie had and bought after the like excessiue prices and rates together with the saide prices or summes of money before due for the other parcels formerly had and bought by the said Lord D. together with cōsideration or rather vsurie for the forbearing of and for the payment thereof till a certaine time then agreed vpon betweene the said Lord D. and him the said I. L. did amount come to the summe of 500. pound for the payment of which said summe of 500. pound at the time agreed vpon he the said Lord D. at and vpon the motion meanes and intreatie of the said I. L. did during the time of the minoritie of him the said Lord D. become bounden by one statute staple vnto the said I. L. in the summe of one thousand pounds of good and lawfull money of England taking the word and promise only of the said I. L. to deliuer vnto him the said Lord D. or his saide sureties the saide bonds which before he the said Lord D. and his said suerties had entred into to the said I. L. or otherwise that he the saide Iohn should and would cancell and make voyde the same so as thereby or by reason of any of the saide bonds the said Lord D. nor any of his saide suerties should be in any wise sued vexed troubled or charged But now so it is and it may please your good Lordship that the said I. L. although he hath beene thereunto in most gentle and friendly manner earnestly requested and desired by the saide Lord D. the saide R. S. and other the saide sureties of the said Lord D. to deliuer vnto them the said bonds to by them made and entred into the said I. L. as is aforesaid or otherwise to cancell and make voyd the same yet that to do the said I. L. hath vtterly refused and denyed and still doth denye and refuse to do the same But contrary to his saide word and promise as aforesaid made and giuen vnto the said Lord D. for the redeliuerie thereof or otherwise to cancell and make voyd the same bonds doth now dayly threaten to put the same in suit at the Common lawe against the sureties of him the said Lord D. or else alreadye hath so done contrary to all right equitie and good conscience And besides this because the sayd Lord D. did not pay vnto hym the sayd I. L. the sayd summe of fiue hundred pound at the time limited for the paiment thereof which in very trueth he the said Lord D. could not well do vnlesse he should haue made sale of his lands to his great dishonour and losse And notwithstanding that he the saide Lord D. hath sought and made meanes to the saide I. L. to compound with him in some reasonable sort and to accept his money at reasonable dayes such as he the said Lord D. could and might be well able to satisfye and pay the same the rather considering his great interest allowed in recompence for the forbearing of time and giuing day of payment and the excessiue prices for which he sould
plaint if went about to take the benefit of his extent to keepe Courts and vnderstand what lands and how the tenants held and what rents seruices they paid for the same but could not performe his purpose therein for the tenants the noble man had the Courtrowles in their keeping and the leasses rentals c. and would not let him see the same and that the noble man refused to suffer the plaintife to enter into the manors lands extended or to keepe any Courts and would not suffer the tenaÌ„ts to pay the plaintife any of the rents or seruices due for the same manors or to declare vnto him what the same rents and seruices were And then the plaintife prayeth that the tenants occupiers and farmors of the said manors may vpon their oathes bring forth their leasses declare what lands they hold and what rents seruices euery of them pay And that all the defendants may shewe to the plaintife the Courtroâ—les rentals books oâ— suruay field books terrars in their custodie and so prayeth proces against all the defendants To the Right Honorable Sir Christopher Hatton of the most noble order of the Garter Knight Lord Chancellor of England IN most humble wise complayning sheweth to your good Lordship Sect. 149. your dayly Orator I. L. Citizen and Clothworker of London That whereas the Ho. Ed. Lord M. Baron of R. the last day of December in the 26. yeare of the raigne of our soueraigne Lady Queene Elizabeth before Sir Christopher Wray Knight Lord chiefe Iustice of the pleas before her highnes to be holden did acknowledge himselfe to owe to your Orator the summe of MCC of lawfull english money by his recognizance in the nature of an estatute staple with a defeazance thereupon made for the true payment of diuers seuerall summes of money at sundrie seuerall dayes now long sithence past And whereas likewise the saide Ed. Lord M. was and stoode iustly indebted to your saide Orator in diuers other summes of money by ohter bonds as also by your Orators booke for diuers wares taken vp of your Orator for the vse of the saide Lord Mo. And whereas also Tho. P. Esquier brother of the said Lord Mo. stood indebted did owe to your said Orator other certaine summes of money for the paimeÌ„t wherof the said Lord Mo. did vndertake and did make to your said Orator many seuerall sundrie promises the which as yet he hath in no sort performed And whereas the said Lord Mo. at the time of the knowledging of the foresaid statute staple was lawfully seazed in his demesne as of Fee of in the mannors of H. W. A. B. with two faires twice in the yeare with one market holden euery weeke at H. aforesaid with the hundred of F. with euery of their appurtenances scituate lying being in the Countie of Norffolke and of and in the manor of H. with their appurtenances in the said Countie of Norffolke which said mannors other the premisses aforesaid the said Lord Mo. by lawfull assurance conueyance in the Lawe did bargaine sell conuey assure the same with all and euery their appurtenances whatsoeuer to one Tho. Lord of H. in the saide Countie of Norffolke Esquier and to his heires for euer by vertue of which conueyance and assurance the said Tho. L. was and is yet seazed of the saide seuerall mannors and other the aforesaid premisses in his demesne as of Fee And whereas the said Edw. Lord Mo. was likewise seazed in his demesne as of Fee at the time of the knowledging of the saide statute staple of and in the mannors of S. M. and W. with the aduousons of Sw. Mo. and Wo. with their appurtenances in the Countie of Norffolke aforesaid which said seueral mannors thaduousons aforesaid the said Lord Mo. by like conueyance and assurance did conuey and assure the same to one Ed. B. late of D. in the said Countie of Norffolke Esquier deceased and to his heires for euer to the only vse and behoofe of the said Ed. B. his heires and assignes for euer by whose death T. B. sonne and heire of the said Ed. B. Esquier deceased was and yet is seazed of the said mannors of S. Mo. and Wo. and of the aduowsons of S. Mo. and Wo. in his demesne as of Fee And whereas the said Lord Mo. was at the time of the knowledging of the saide statute staple likewise seazed in his demesne as of Fee of and in the mannor of B. with the appurtenances scituate and extending into the Townes of N. M. c. in the aforesaid Countie of Norffolke which said mannor the saide Ed. Lord M. did likewise conuey vnto T. G. GentÌ„ and to his heires for euer to the only vse and behoofe of the said T. G. his heires and assignes for euer And whereas the said Edw. Lord Mo. was at the time of the saide statute knowledged and yet is seazed of and in the mannor of A. with the appurtenances in the said Countie of Norffolke in his demesne as of fee and being indebted to your said Orator as aforesaid your Orator made sundrie and diuers earnest requests for the getting of the said debt and summes of money aforesaid and your Orator being by the saide Lord Mo. promised to haue the said debts at diuers seuerall dayes yet none of them were performed or kept whereby your Oratour seeing no performance but was delayed from time to time your saide Oratour about two yeares sithence sued forth his seuerall writs of Extendi facias directed to the Sheriffs of Norffolke Essex Hertford Sommersetshire and Yorke and to the Chancellor of the Countie Pallantine of Lancaster for the extending of all the mannors lands tenements and hereditaments within the Counties aforesaid whereof the said Lord Mo. was seazed the time of the saide statute knowledged which writ directed to the Sheriffe of the said Countie of Norffolke was deliuered to one Clement Pastone Esquier then Sheriffe of the same Countie to be by him executed and returned acordingly By vertue whereof the saide Clement Pastone Esquier did by the Othes of a Iury sworne charged within the said Countie of Norffolke acording to the due course of her Maiesties lawes extend and appraise the saide seuerall maunors faires markets lands tenements all other the premisses with the appurtenances lying within the said Countie of Norffolke as in and by the saide extents remayning of record in this ho. Court of Chauncery and by the returne of the said Sheriffe with the seisure of the said seuerall mannors into the Queenes Maiesties hands to the intent they might be deliuered to your Orator in extent more at large it doth and may apeare After which inquisition extent and seasure so taken had made your Orator sued forth her highnes writ of Liberate bearing Teste the 4. day of February in the 30. yeare of her highnes raigne directed tothe said Sheriffe of Norffolke commaunding him thereby to deliuer
in the Countie of Hertford of the yearely value of 40. l or thereabouts and a certaine yerely rent of 30. l or thereabouts going out of the manor of Shobington in the Countie of Buckingham and diuers other mannors lands tenements and hereditaments in diuers other Counties of England which ought to be contributorie to the payment of the sayd 12. C. pound and therefore the same is vndulie and contrarie to lawe charged vpon the said mannors of Hockering and Northtuddenham which the saide maister Lo. holdeth as a Feoffee for which reason the said maister Lo. as this defendant supposeth hath pursued his Scire facias against the saide complaynant in this honorable Court for the discharge of the said mannors of Ho. and N. from the saide vndue execution and for the recouerye of the sayd issues and profits comming and growing of the same mannors from the time of the said execution for which cause this defendant humbly prayeth this honorable Court that the said complaynant may be referred to the Common lawe to bring his action against this defendant for the recouerie of the said rents due vpon the saide leasses and estates which this defendant holdeth of the saide mannors wherein the validitie of the said extent and execution may be tryed so as the said defendant may know to whom to pay his saide rent without danger or further trouble and this defendant is readye to stand to such order as this honorable Court shall award concerning the shewing to the saide complainants of his estates tearmes which he hath of and in the said parcell of the demesnes of the said mannor of Ho. or holdeth of the same and other circumstances thereof without that that this defendant is Farmer Customarie or free tenant of any other part or parcell of the saide manors or other the premisses in the saide bill mentioned or hath in his hands any Courtrowles Rentalls or Counterpanes of leases concerning the premisses in the saide bill mentioned other then in his Answere before is declared as in the said bill of complaint is vntruly alledged And without that that the said defendant hath vnlawfully confederated with any the persons in the said bill mentioned to defeate the saide complaynant of his lawfull execution and estate in the premisses in the said bill mentioned as in the said bill of complaynt is also vntrulie alledged And without that that any other matter or thing in the said bill of complaynt mentioned materiall or effectuall to be answered vnto and not herein sufficiently answered confessed and auoyded trauersed or denyed is to these defendants or any of their knowledges true All which matters these defendants are ready to auerre and prooue as this honorable Court shall award and prayen to be dismissed out of the same with their reasonable costs and charges in this behalfe most wrongfully sustained A Bill into the Chauncery for detayning of euidences entering into a meadowe and a pasture and making to themselues diuers estates To the Reuerend Father in God Thomas Bishop of Ely Lord Chauncelor of England IN most humble wise sheweth and complayneth vnto your good Sect ' 151. Lordship your dayly Orator G. I. That where W. I. father vnto your said Orator was seised in his demeasne as of fee of and in fifteene Acres of pasture and meadowe with thappurtenances in Clare in the Countie of Suffolke and so being thereof seised dyed by protestacion seised After whose death the saide fifteene Acres of pasture and meadowe and all other the premisses with the appurtenances descended and came and of right ought to descend and come vnto your said Orator as sonne and heire vnto the saide W. I. So it is if it may please your good Lordship that certaine euidences deedes charters and other muniments concerning the premisses are come to the hands and possession of M. G. Widow and A. G. who by colour of hauing the saide euidences haue entered into the premisses and haue conueyed vnto them and to their heires diuers and sundrie estates in the lawe for the disherison of your said Orator and of his heires for euer And because your said Orator knoweth not the certaintie of the saide euidence nor whether it be contayned in bagge or bore sealed or in chest locked he is without remedie for the recouerie of the same by the order of the Common lawe except your Lordships fauour be vnto him shewed in this behalfe In consideration whereof it may please your good Lordship the premisses considered to graunt a writ of Subpena to be directed to the saide M. G. Widow and A. G. commaunding them by the same personally to appeare before your good Lordship in the Kings high Court of Chauncerie at a certayne day and vnder a certayne payne by your good Lordship to be limited there to aunswere vnto the premisses and after to abide such decree and order therein as to your good Lordship shall be thought to stand with right and conscience And your saide Orator shall dayly pray for the preseruation of your Lordships Honor long to endure The Aunswere of one of the defendants to the Bill next before who pleadeth that the plaintifes father sould the landes in the Bill mentioned to T. H. who sould the same to the defendants husband who conueyed the same to the defendant for her life And sheweth that at the time of the saide purchase and after the premisses were in diuers Feoffes in vse and sheweth afterwards the making of the Statute of 27. Hen. 8. for transferring of vses into possession The Aunswere of M. G. Widow to the Bill of complaynt of G. I. THe said defendant saith that the said Bill of complaint is vntrue Sect ' 152. vncertaine and insufficient in the lawe to be aunswered vnto and the matters therein contayned determinable at the Common lawe and not in this honorable Court whereunto the said defendant prayeth to be dismissed and thaduantage thereof to the said defendant alwayes saued if she shall be compelled to make any further aunswere vnto the saide insufficient Bill Then for the declaration of the truth the saide defendant sayth That as to any pasture or meadowe in Clare the saide defendant knoweth not that she is Tenaunt of or hath any that was belonging to the saide W. I. within the sayde towne or parish of Clare or detayneth any euidence concerning the same to her knowledge But the saide defendant sayth the sayde W. I. mentioned in the sayde Bill of complaynt together with I. W. alias Miller I. F. c. were seised of and in seauen Acres of pasture and moore and three Acres and one Roode of meadowe in S. in their demeasne as of fee to the vse of the sayde W. I. and of his heires and so beeing thereof seised the sayde W. I. bargained and soulde the pasture moore and meadowe last before remembred vnto one T. H. and to hys heires for euer By vertue of which bargaine the sayde W. I. and hys sayde other Coefeoffees were thereof
proceedings therein To the Right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great Seale of England HVmblie complayning sheweth vnto your good Lordship your Sect ' 154. dayly Orators T. B. of C. in the Countie of D. Clothier W. M. of L. Grocer M. G. Merchant Subiects borne of this Realme of England as well for themselues as for others subiects borne of the said Realme and Denizens Creditors of C. A. of L. Merchantaylor also a subiect borne of the saide Realme That whereas the said C. A. vsing and exercising the trade of Merchandize and seeking his trade of liuing by buying and selling vpon good and iust cause for wares and merchandize to him sold and deliuered and also for ready money to him lent being indebted to your said Orators in seuerall summes of money amounting to the value of 300. pound And now of late that is to say in this present moneth of Nouember in this xv yeare of the raigne of our soueraigne Lady the Queenes Maiestie about the second day of the saide moneth of Nouember did begin to keepe his house scituate in the said Citie of London and sithence hath departed from his said dwelling house and absented himselfe to thintent to defraude and hinder your saide Orators and other his Creditors of their iust debts and dueties to them due owing and so is become a Bankrupt By reason whereof and for that the said Bankrupt and others his confederates haue deuised and contriued diuers secret estates and sinister practises for the conueying and eâ—â—oyning of the bodie of the saide Bankrupt and of all lands goods debts and other things belonging to the said Bankrupt in such wise as your Orators are without helpe for recouering or obtayning of their saide iust debts and dueties but onely by complaint to your Lordship and thereupon to haue remedie according to the Statute touching orders for Bankrupts in the Parliament begun and holden at Westminster the second day of Aprill in the xiii yeare of the Raigne of our said soueraigne Lady the Queenes Maiestie made and prouided In consideration thereof may it please your good Lordship to graunt the Queenes Maiesties most gratious Commission to be directed to such and so many wise and honest discreet persons as to your Lordship shall seeme good Aucthorizing them not onely concerning the said Bankrupts body lands freehold and customarie goods debts and other things whatsoeuer but also concerning all other persons which by concealement clayme or otherwise doe or shall offend touching the premisses or any part thereof contrarie to the intent and true meaning of the saide Statute to do and execute all and euery thing and things whatsoeuer as well towards and for satisfaction and payment of your said Orators as towards and for all other intents and purposes according to the ordinance and prouision of the said Statute And your said Orators shall dayly pray c. The Commission vpon the Statute of 13. Eliz. Cap. 7. made against Bankerupts and graunted to the Creditors vpon the Bill next before ELizabeth by the grace of God Queene of England Fraunce and Sect ' 155. Ireland defendor of the faith c. To our trustie and welbeloued Sir Rowland Heyward Knight Iohn Langley Alderman of our Citie of London Tho. Hatton Tho. Aldersey Thomas Egerton Mercers and William Wignall Merchant Taylor of our saide Citie of London greeting Whereas we be enformed that C. A. of London Merchantaylor vsing and exercising the trade of Merchandize by way of bargayning and seeking his trade of liuing by buying selling and being a Subiect borne of this our Realme of England in this present moneth of Nouember in the xv yeare of our Raigne viz. about the second day of the same moneth did begin to keepe his house scituate in London aforesaid and sithence hath departed from his saide dwelling house and absented himselfe to the intent to defraude and hinder T. B. of C. in the Countie of Deuonshire Clothier W. M. of London Grocer Mi. G. Merchant and others his Creditors being also Subiects borne of this our sayde Realme of their iust debts and dueties to them due and owing and so is become a Bankerupt We minding the due execution of the Statute touching orders for Bankerupts in our Parliament holden at Westminster in the xiii yeare of our Raigne made and prouided vpon trust of your wisedomes diligence and prudent circumspections which we haue conceaued in you doe by these presents name assigne appoint constitute and ordayne you our speciall Commissioners geuing full power and aucthoritiye vnto you fiue or foure of you whereof they the sayde Sir Row H. I. L. or T. H. to be one according to the sayde Statute not onely concerning the sayde Bankerupt hys bodie lands freehold and Customarie goods debts and other things whatsoeuer but also concerning all other persons which by concealement clayme or otherwise doe or shall offend touching the premisses or any part thereof contrarye to the intent and true meaning of the saide Statute to do and execute according to the saide Statute all and euerie thing and things whatsoeuer aswell for and towards satisfaction and payment of the saide Creditors as towards and for all other intents and purposes according to the ordinance and prouision of the saide Statute Willing and commaunding you fiue or foure of you whereof Sir Row H. I. L. or T. H. to be one to proceede to the execution and accomplishment of this our Commissioin according to the true intent and meaning of the saide Statute with all diligence and effect as our speciall trust is in you Witnesse our selues at Westminster the fifth day of Nouember in the xv yeare of our Raigne A precept from the sayde Commissioners to the Officers to make proclamation according to the saide Statute against Bankrupts that the said Bankrupt before a day certaine come in and yeeld his bodie to the Commissioners or to one of them To the Bayliffes and head Officers of the Burrough of Southwarke WEe the Commissioners hereafter named by vertue of the Sect. 156. Queenes hignesse Commission to vs directed require charge you fiue sundrie market dayes next ensuing the receipt hereof to make fiue sundry Proclamations in manner and forme hereunder specified The Proclamation THe Queenes highnesse doth strictly charge and commaund C. â— Sect. 157. Merchantaylor of the Citie of London that he at or before the day of next comming in the Guildhall of London or where you shall appoint yeeld his bodie before Sir Row Heyward Knight or before some one of the said Commissioners appointed by her highnesse vnder her great seale of England til the due execution of the Statute touching orders for Banckrupts lately made and prouided vpon paine and perrill of the penaltie of the lawe in that case limited and appointed An Indenture vpon the saide Commission and Statute of Bankcrupts betwixt the Commissioners of the one partie and the Creditors of the other partie whereby the Commissioners after view
search and praisement made sell certaine of the goods of the debtors vnto the creditors in part of satisfaction of their debts with a Schedule annexed vnto the said Indenture which is likewise indented wherein are contayned the perticulers of the goods with their seuerall prices as they be prized by the Commissioners to the one part of which Indentures is put to the hands and seales of the said Commissioners and to the other of the said Indentures the hands and seales of the creditors THis Indenture made c. betweene sir R. H. Knight A. B. C. D. Sect ' 158. E. F. of the one partie and G. H. and I. K. creditors of C. A. Citizen and Merchantaylor of London on the other partie witnesseth That where our said soueraigne Lady the Queenes Maiestie that now is by her highnesse letters of Commission bearing date at Westminster the fifth day of Nouember last past before the date hereof minding the due execution of the Statute touching orders for Bankerupts in her Parliament holden at Westminster in the xiii yeare of her highnesse said Reigne made and prouided reciting that whereas her Maiestie was enfourmed that C. A. of London Merchantaylor vsing and exercising the trade of Merchandize by way of bargaining and seekinig his trade of liuing by buying and selling and being a subiect borne of this her Realme of England in the said moneth of Nouember in the xv yeare of her Maiesties Raigne that is to say about the second day of the saide moneth did begin to keepe his house scituate in London aforesaid and sithence hath departed frō his saide dwelling house absented himself to th entent to defraude hinder his creditors being also subiects borne of this her said Realme of England of their iust debts duties to them due owing so is become a Bankerupt hath assigned appointed constituted ordained the said R. H. c. her especiall Commissioners geuing full power authoritie vnto them 5. or 4. of them whereof the said Sir R. H. to be one according to the said Statute not only concerning the said Bankerupt his bodie lands freehold customarie goods debts all other things whatsoeuer but also concerning all other persons which by concealemēt claime or otherwise do or shall offend touching the premisses or any part thereof cōtrary to th entent true meaning of the said Statute to do execute according to the said Statute all euery thing things whatsoeuer as well towards for satisfaction and payment of the saide creditors as towards and for all other intents purposes according to the order prouision of the said Statute in that case prouided as by the same Commission more plainely it doth and may appeare By force and vertue of which said Statute and of the saide Commmission the saide Commissioners haue caused certaine goods Cattels wares and Merchandizes of the saide C. A. contayned and mentioned in a Schedule indented to these presents annexed to be searched viewed apprized And also haue sold deliuered and by these presents do sell deliuer to the creditors aforenamed all the said goods Cattalls Wares Merchandizes contayned and mentioned in the said Schedule indented to these presents annexed To haue and to hould the same euery part thereof to the said Creditors before named their executors administrators and assignes to their owne proper vses for euer towards the satisfaction and payment of the said Creditors that is to say to euery of the aforenamed creditors a portion rate and ratelike according to the quantitie of the debts In witnesse whereof the said parties to these Indentures interchangeablie haue set to their Seales Yeuen the day and yeare first aboue written The intituling of the Schedule mentioned in the Indēture next before written and annexed to the same Indenture IN this Schedule indented is contayned and mentioned certayne Sect. 159. goods wares Cattels Merchandize late of C. A. Merchantaylor which be sould by the Indentures whereunto this Schedule indented is annexed that is to say in his house in L. in the parish of G. in London Imprimis c. A Bill into the Chauncery against one by a prisoner in the Fleete to compell the defendant to proceede in an agreament made betwixt the plaintife and the defendant for his enlargement by the order of the Lord Chauncelor then dead To the right reuerend Father in God Nicholas Archbishop of Yorke and Lord Chauncelor of England MOst humblie complayning sheweth vnto your grace your dayly Sect. 160. and poore Orator W. M. of M. in the Countie of Chester Gent̄ now being prisoner in the Fleete at the suit of R. D. of the same Countie Esquier committed thereunto by the late reuerend Father in God the Bishop of Ely being then Lord Chauncelor of England of and vpon a Statute of 200. l which suit of the saide R. D. hath thus remayned the space of eight or nine yeares to the great miserie and vtter vndoing of your graces saide Orator And where diuers agreaments with other diuers meanes haue bene taken and made betweene the said R. D. and your saide Orator and especially the last day of May in the last yeare of our late Soueraigne Lord King Edward before Doctor Lyell Maister Dyer appointed then by the said late Lo. Chauncelor where it was agreed betweene the said R. D. your graces said Orator that your said Orator should be bound in 1000. l that he should not alienate nor sell any parcell of his lands now being in his possession or to him in reuercion And all such lands that were sold by your saide Orator that your said Orator should endeuor w e all diligence to recouer the same againe And furthermore it was agreed ordered betweene the said R. D. and your said Orator that your said Orator should put insuerties to pay vnto the saide R. D. 50. pound of lawfull money of England that is to say fiue pound yearely during tenne yeares next ensuing All which orders and agreements your Graces said Orator is contented to accomplish and fulfill Yet notwithstanding the saide ◠D. minding rather the continuance of your said Graces Orator in prison to his vndoing will neither obey the late ho. Lord Chauncelors order then made therein nor yet the agreaments heretofore made but onely doth finde delayes to prolong the time to the vtter vndoing of your Graces Orator In consideration whereof the premisses tenderly considered it may please your Grace to commaund the saide R. D. to appeare before your Grace and to take such order with him as shall seeme best to your Grace And your said Orator shall pray for your Grace long to continue A Bill into the Chauncerie by the Husband and Wife for and on the behalfe of diuers to compell executors to pay legacies wherein is shewed that they to whom the legacies be giuen haue no remedie by the ecclesiasticall lawe to compell the then executors to pay the said legacies To the
right Honorable Sir Nicholas Bacon Knight Lord Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your honors good Sect. 161. Lordship your daily Orators A. T. Esquier and Katharine his wife late wife vnto one R. K. deceased and one of the daughters of William W. of B. in the County of Warwike Esquier deceased for and in the behalfe of William C. sonne of the said Katharine and for and in the behalfe of Mary T. and K. T. daughters of the said A. and Katharine and of W. G. sonne of Ed. G. Knight of the body of Margaret G. one other of the daughters of the aforenamed W. W. lawfully begotten Ed. M. and Anne his wife one of the daughters of the aforenamed Ed. G. and Margaret and Tho. M. and Elizabeth his wife one other of the daughters of the said Sir Ed. and Margaret That whereas the aforesaid William W. in his life time had issue seuen daughters that is to say Margerie late wife of Thomas H. Esquier and after that wife to the ho. Sir A. C. Knight one of the Queenes most honorable priuie Councell and now Chauncellor of her highnesse Duchie of Lancaster Godith wife to B. F. Esquier Elizabeth late wife of Ed. B. Esquier deceased Mary wife of William S. Esquier Margaret wife of the said Sir Ed. G. Anne wife of Frauncis Mo. Esquier and Katharine one of your said Orators And whereas also the saide W. W. in his life time was possessed of and in diuers goods and chattels houshold stuffe plate Iewels and also entituled to certaine debts amounting to the value of tenne thousand pounds or thereabouts and so being thereof possessed and entituled did constitute and make his Testament and last Will and by the same did bequeath geue and demise to diuers and sundrie persons diuers great legacies perticulerly and certainely set forth in the said last Will amounting in the whole to the summe and value of 3500. pound or thereabouts And the residue of all his goods Chattels and debts due vnto him after his funerall expences perfourmed his debts paid and all his legacies and bequests perticulerlie contayned and mentioned in his said Will fulfilled perfourmed and payd hee the sayde W. W. by his sayde Testament and last Will did geue and bequeath to the preferment of all the children comming of hys sayde sixe eldest daughters and to W. C. Mary T. and Katharine T. three of the Children of the sayde Katherine nowe Wife of the sayde Anthonye T. youngest Daughter of the sayde W. W. to be equallie deuided amongst them by the discretion of hys executors And by the same hys Testament and last Will hee did ordayne nominate and make the sayde honorable Sir A. C. Knight Sir Ed. G. Knight nowe deceased Basill F. and W. S. Esquiers and one W. B. Esquiers deceased his Executors as by the same his Testament and last Will more at large it doeth and may appeare And afterwards in the moneth of May in the second and third yeares of King Phillip and the late Queene Mary hee the sayde W. W. dyed possessed of the sayde goods Chattels and debts amounting to about the summe or value of tenne thousand pounds After whose decease the sayde Executors did take administer and agree to the sayde Testament which speciall Legacies aforesayde eyther be or might haue beene by the sayde Executors long sithence fulfilled satisfyed and paide so as the residue should and ought to come to the sayde Children according to the sayde Will And although your sayde Oratours haue diuers and sundry tymes required the sayde Executors to make payment of so much of the residue of the sayde goods Cattalls and debts as to them appertayned yet that to doe they and euerie of them haue hitherto refused and denyed contrarie to right equitie and good conscience In consideration whereof and for as much as your sayde Orators cannot certainely tell and declare the seuerall parcels of the sayde goods Cattalls and debts nor what the sayde Executors haue payd or receiued for any manner of debts owyng by or to the sayde W. W. by reason whereof they are vnable to prosecute for their remedie in the premisses at and by the order of the Ecclesiasticall lawes of this Realme May it therefore please your good Lordship to graunt the Queenes Maiesties writ of Subpena to be directed to the said Executors c. commaunding c. A bill contayning that a lease of a rectorie and the buildings gleebe lands and tythes was made by the Deane and Chapter of a Colledge in Oxford to the plaintifes father for terme of yeares reseruing a rent And that the same by force of the said lease was long possessed That the said lease came to the plaintife by meane conueyance and that continuing the tearme the defendant suggesting to the said Deane and Chapter that the said Rectory and tythes were occupied by the plaintife without lease or title hauing a purpose to conceale and defraude the said Colledge of the said Rectorie and tythes became a suitor to the now Deane and Chapter to haue a Lease of the saide Rectorie and tythes for 21. yeares and thereupon obtained a lease thereof for 21. yeares yeelding for it the accustomed rent with an augmentation of rent corne That the defendant hauing obteyned a lease of the saide rectorie and tythes for 21. yeares sued the plaintife for the same in the Excheker at Westminster in a quo minus and that he did interrupt the plaintifes possession And then the plaintife prayeth an iniunction for stay of the saide suite and for the establishing of his possession and proces against the defendant and the Deane and Chapter to aunswere the bill To the Right Ho. Sir Io. Puckering Knight Lo. Keeper of the great Seale of England IN most humble wise complayning sheweth vnto your good Lo. your Sect. 162. dayly Orator T. B. of N. in the Countie of C. Esquier that whereas the Deane Chapter of Christes Church in the Vniuersitie of Oxford were seased in their demesne as of fee in the right of their sayd Church of in the Rectorie Parsonage of R. with the appurtenāces in the said Countie of C. being a Parsonage impropriate and being so thereof seased by their deede indented sealed with their common seale the certain date wherof to your said orator is vnknowne for wāt of hauing the same did for the considerations in the said Indenture specified demise graunt to farme let all the said Rectorie parsonage of R. with the appurtenances all maner of houses barnes glebe lands tithes fruits profits aduātages whatsoeuer to the same Rectorie parsonage belonging or in any wise appertaining vnto one R. B. late of N. in the said Countie of C. Esquier deceassed father vnto your said Oratour for a number of yeares yet enduring reseruing thereby a great annuall rent the tithes of the vicarage of R. aforesaid the patronage disposition thereof and all the woods
I. D. or confusedly included with other things or held as an estate at will these defendants are not assertained and if the plaintife did hold them without any lawfull estate made vnto him or lawfull estate continuing it had beene meete that the defendants or their predecessors had beene made acquainted of this manner of holding of them and that the possessions and reuenews should not be caried away vnderhand or enioyed by coulour of a lease when there was no lawfull lease to warrant it And had the complaynants then breâ—e so readie to further the defendants in their right and possession to the best of his indeuour as now he pretendeth to be this question had not hapned but now standing as it doth if the information of the saide I. D. made to the saide Deane and Chapter be not grounded vpon any matter of truth the said complaynant shall receiue no impeachment by it these defendants intending to hold the said I. D. to his Couent that by coulour of his graunt he shall not call in question any tenant of theirs which hold by any lawfull interest And if it be grounded vpon matter of truth these defendants hope that this honorable court will not giue further allowance to the complaynants pretended lease then the validitie thereof requireth Humblie praying further that if vpon this interpleading betweene the said T. B. and the said I. D. it shall appeare that the said T. B. holdeth that which he should not hold or the sad I. D. vpon any vndue surmise or suggestion to haue obtayned any thing not fit or not meant to be passed to him which these defendants carrying themselues in a plaine and euen course haue not so farre looked into neither do or can charge him so to haue dealt That these defendants might not be preiudiced against either of them but left at libertie to do that for the iust and reasonable benefit and auaile of their Church which in lawe iustice and equitie shall be seeming for them to do And further or more then this the defendants desire nothing without that that the complaynant hath to their knowledge any lawfull estate or interest in the premisses or hath sought or offred himselfe vnto their church in such sort as hee alledgeth And without that that the defendants by any quicks quillets or nicities in lawe haue sought to rifle into the estates of their Farmers And yet humblie desire that if the complaynants enioy any thing without good lease which is vnknowne to these defendants that he may not be set in better state against their church then his estate requireth but may be referred to their church of whose dealings he sheweth neither can shewe any cause to complayne without that that any other matter or thing c. All which matters c. A bill by one tenant in common of a mannor in the North parts to haue a commission to examine witnesses which be aged and impotent that their testimonies may remayne of record in perpetuam rei memoriam for proofe of the plaintifes title to the said mannor for that the Lord President and Counsell of the North parts haue not power to graunt any such commission To the Right Honorable Sir Tho. Bromley Knight Lord Chauncellor of England HVmbly complayning sheweth vnto your good Lordship your Sect. 169. dayly Orator C. P. of T. in the Countie of C. Esquier That whereas your saide Orator and one L. P. of C. in the County of C. be and stand or ought to be and stand seazed in common in their demesne as of fee amongst other things of and in the Mannor of L. with the appurtenances in the saide County of C. concerning the partition of which said mannor variance and contention in lawe is like to arise betweene your Orator and the saide L. at the common lawe And for as much as there be yet liuing diuers aged persons inhabiting about the saide Mannor which do very well knowe the interest and title of your saide Orator in and to the said mannor in forme aforesaid And for that if the saide witnesses being very aged and impotent and not likely long to liue should fortune to dye before tryall of your saide Orators estate and title of in vnto the premisses it might thereby be greatly blemished and your said Orator in time to come disinherited of his said nioytie of the saide mannor And for that the saide witnesses dwelling in the North parts of this Realme be so aged that they be not able to trauaile neyther before your Honor to be examined in her Maiesties high Court of Chauncerie nor to any other ordinarie place of Iustice where the title of your saide Orator might or may conueniently come in question and tryall by the due course of the common lawes of this Realme And for that the Lord President and Counsell established in the North parts within the precinct of whose Commission not onely the said Mannor but also your said Orator and the said L. P. do inhabit and dwell do not vsually nor cannot graunt any Commission for the examination of witnesses in perpetuam rei memoriam although there be great cause in equitie to graunt the same It may therefore please your good Lordship the premisses considered to graunt vnto your said Orator the Queenes Maiesties most gratious Commission vnder the seale of this most honorable Court to be directed vnto some Gentlemen of credit dwelling in those partes as to your good Lordship shall be thought conuenient for the examination of such witnesses as by your saide Orator shall be produced before them and to certifie and returne the examinations of the saide witnesses together with the same Commission before your good Lordship into her Maiesties high Court of Chauncerie there to remayne of record ad perpetuam rei memoriam and to be published at such time as to your good Lordship shall be thought meete and conuenient And further to graunt vnto your saide Orator the Queenes Maiesties most gratious writ of Subpena to be directed to the saide L. P. commaunding him thereby at a certaine day and vnder a certaine paine therein by your Lordship to be limited either to ioyne in Commission with your saide Orator for the examination of the saide witnesses or else to shewe cause before your good Lordship why your saide Orator should not haue a Commission alone for that purpose and your saide Orator shall accordingly to his bounden dutie dayly pray to Almightie God for the long preseruation of your Lordships good health with increase of honor A bill of Complaint for detayning of the plaintifes Euidences for entring into Mannors and Lands and contriuing of secret estates To the Right Reuerend Father in God Stephen Bishop of Winchester Lord Chauncellor of England IN most humble wise complayning sheweth vnto your honorable Sect ' 170. good Lordship your daylie Orator T. M. Gentleman That whereas one P. M. elder brother to your said Orator was lawfully seased in his demesne as of fee
Lordship Sect. 172. your Suppliants I. W. and the Lady Iane his Wife daughter and heire to the Lady Iane P. deceased That whereas the said Lady Iane P. in her life time was lawfully seased in her demesne as of fee of and in one mesuage or house with a gardeine thereunto belonging set lying and being in B. in the Countie of D. and of and in 12. acres of errable land medow and pasture with their appurtenances thereunto belonging in B. aforesaid and so being of such an estate thereof seised about foure yeares past died thereof seised After and by whose death the premisses discended and came as of right they ought to discend and come vnto your sayde Oratrix as daughter and heire of the saide Lady Ia. P. her mother So it is if it may please your good Lordship that diuers Deeds Euidences Charters Miniments and writings concerning onlie the premisses and of right belonging to your said Oratrix as in the right of the said Lady Iâ— P. by casuall meanes are come to the hands possession and custodie of I. C. Gentleman and E. his Wife who by cullor of hauing the sayde Euidences and writings haue entred into the premisses and by cullour thereof haue contriued conueyed and made to themselues diuers secret estates of the premisses and thereby do likewise detaine and keepe the possession of the same premisses from your said Orators albeit they haue beene diuers and sundrie times thereunto by your suppliants required for the deliuerie of the same yet that to do they haue alwayes hitherunto denyed and yet to denye to the manifest disinheriting of the saide A. and the great wrong and losse of both your saide Orators for that your saide Orators do not knowe the certeine number or certaine dates of the deedes and conueyances nor whether they be contayned in bagge or boxe sealed or chest locked whereby they be for the recouerie of the same premisses cleane without remedie by the strict course of the common lawes of this Realme In consideration whereof the premisses by your good Lordship tenderly considered it may please your good Lordship to graunt vnto your said Orators the Qu. Maiesties most gratious writ of Subpena to be directed to the said I. C. and E. his wife commaunding them and eyther of them thereby personallie to appeare before your good Lordship in the Queenes Maiesties high Court of Chauncerie at a certaine day and vnder a certaine paine therein by your good Lordship to be limitted and appointed then and there to answere to the premisses and further to stand to and abide such finall order and direction therein as to you Ho. good Lo. with right and equitie shall seeme most meete and conuenient And your said Orators shall pray for c. A bill by the leassee for yeares of the Scite of a Manâ—or c. contayning the detayning of the plaintifes lease of the premisses the breaking of the seales thereof and that the defendandts by a practise amongst them to the intent to impouerish the plaintife and vniustlie to get from him the premisses haue brought an Assise in the towne of Salop against him for the same in which suit there is a partial Iurie returned by the Bayliffes of the said towne And one other suit comenced against him for part of the premisses by one of the defendaÌ„ts before the Counsell in the marches of Wales and therefore prayeth an Iniunction for stay of the said suits and also a Subpena against the defendants to appeare and aunswere the bill To the Right Ho. Sir Nicholas Bacon Knight Lord Keeper of the great seale of England IN most humble wise complayning sheweth vnto your Ho. good Lo. Sect. 174. your poore dayly Orator H. D. of A. in yâ— Countie of Salop GentÌ„ That whereas one Io. late Duke of Northumberland in his life time amongst diuers other lands tenements hereditaments was lawfully seised in his demesne as of fee of in the manor of A. lying being within the said County of S. and so being thereof seised by his deede indented about the 27. yeare of the Raigne of the late King of famous memorie King Henry the 8. by the name of Sir Io. D. Knight did demise graunt set and to farnie let vnto P. C. the Scite of the Manor of A. aforesaid together with the mansion or hall place of the same And all and singular lands meadowes leasowes pastures feedings woods waters and commons with all other commodities duties seruices and customes to the said Scyte of the said Mannor belonging or in any wise appertayning To haue and to hould the aforesaid Scyte of the saide Mannor and all other the premisses and all and singuler the appurtenaunces to the said P. C. his executors and assignes from the feast of Saint Michaell the Archangell then next comming after the date of the aforesaide Indentures vnto the end and tearme of threescore yeares then next ensuing and fullie to be compleated and ended yeelding and paying therefore yearely vnto the saide Sir Iohn Dudley his heires and assignes foure pound sterling at the feast of the Annunciation of our Lady and Saint Michaell the Archangell by euen portions with diuers other couenaunts graunts and agreaments contayned and specified in the saide Indentures as by the same more at large it doth and may appeare By force whereof the said P. C. into the premisses entered and was possessed accordinglie The state and interest of which saide P. C. to and in the premisses and euery part and parcell thereof your poore Orator by iust and lawfull conueyance and assurance in lawe of long time hath had and now hath and the same hath quietlie and continuallie possessed and enioyed for and by the space of fourteene yeares nowe last passed by force of the sayd Lease made to the sayde P. C. by the aforesayde Duke without lette or interruption of anye person or persons vntill now of late that the aforesayde Lease is casuallie come to the hands possession of Ed. Le. of P. in the County of S. Esquier which persons malitiously intending your poore Orators impouerishment and vtter vndoing haue not only wilfully broken in pieces and disseuered from the said Lease the seales of Armes of the saide late Duke annexed by him to the aforesaid lease and otherwise defaced the same to the intent your said Orator although he should recouer against them by due order and course of the lawes of this Realme the aforesaid lease yet he might be the lesse able to prooue the saide Lease to be made by the aforesaid Duke for that they well perceiue the time now so farre spent that very fewe or none of the witnesses that were present at thensealing and deliuerie of the said Lease be now liuing as they suppose But also they haue further conspired and agreed amongst themselues together with one R. W. of A. in the Countie of Salop and R. S. of the towne of Salop and Countie aforesaid That he the said R.
in yâ— law to be answered vnto the matters therein coÌ„teined beene very vntruly deuised imagined and set forth without any good matter or iust cause only to the intent to put this defendant to wrongfull vexation trouble and expences And for aunswere vnto the saide insufficient bill the said defendant saith that our late soueraigne Lord King Henry the eight late King of England father to our most soueraigne Ladie that now is was seised among other lands in his demesne as of fee as in the right of his said Crowne of and in the Mannor and Lordship of D. with the appurtenances and hamlets to the same appertaining set lying and being in the Countie of C. whereof the said messuage garden orchard and croft conteining by estimation the said two Acres of land lying in D. parcell of the premisses in the said bill of complaint mentioned be parcell And our said late soueraigne Lord King Henry the eight being so thereof lawfullie seised aswell for and in consideration of the faithfull seruice that the saide defendant had done to the said late King Henry the 8. as also for diuers summes of money paid by yâ— said defendant to the said late King Hen. the 8. the said late King Henry the 8. by his letters patents in this honorable Court readie to be shewed the date whereof the said defendant doth not perfectly remember did giue and graunt of his prescience and meere motion vnto the said defendant the said mannor and other the premisses in the saide Aunswere mentioned to haue and to hold vnto the said defendant and his heires for euer by force whereof this defendant vnto the premisses entred and thereof was seised acordingly and tooke the profits thereof acordingly and yet doth as well and lawfull it was and is for him to do And further the said defendant saith that such euidences deedes escripts and writings concerning the premisses mentioned in this aunswere as the said defendant hath concerning the same he the said defendant doth detaine and keepe them for the preseruation of the right title and interest that he hath to the same as well and lawfull is for him to do And furthermore the saide defendant saith that as to any other deedes euidences writings and miniments concerning the residue of the said lands and tenements specified in the saide bill of complaint or any parcell thereof in W. aforesaid which do concerne the Interest inheritance and title of the said complaynant the said defendant aunswereth and saith that he doth not withhold any nor yet at any time hath withholden from the saide complaynant any such as by the saide bill is vntruly deposed without that that the said Io. W. of C. named in the said bill was seised in his demâ—sne as of fee of or in yâ— said mese orchard garden or croft mentioned in the said bill or any parcell thereof set lying and being in D. aforesaid Or that the said I. W. or his aunceâ—â—ors whose heire he is did continue peaceable possession of the premisses by the space of 100. yeares and aboue as by the saide bill of complaint is vntrulie surmised or that the said Io. so being thereof seised for certeine summes of money did bargaine or sell or might lawfully bargaine and sell the premisses conteyned in the said Aunswere or any part thereof set lying and being in D. or the Lordship of the same to the said complaynant and his heires as by the said bill it is in like manner vntrulie alledged and supposed Or that the said Io. before the Iustice of Assise of the said Countie of C. did leuie a fine sur conusance de droit of the said mese and other the premisses mentioned in the said aunswere or of any parcell thereof vnto the said complainant as by the said bill is also vntrulie surmised or that by the said supposed fine the said Io. did knowledge or might lawfullie knowledge the said mese and other the premisses conteined in the said bill to be the right of the said complainant as those which the said complainant had of his gift as it is in like manner vntrulie supposed or that by force thereof the said complainant entred or might lawfullie enter into the said mese and other the premisses in this aunswere mentioned or that he was thereof lawfullie seised in his demesne as of fee as by the said bill it is also vntrulie surmised and without that that any other matter or thing alledged in the saide bill materiall to be aunswered vnto which heere in this aunswere is not confessed and auoided denied or trauersed is true All which matters this defendant is readie to auerre 7 prooue as this Court shall award and prayeth to be dismissed out of this Court with his costs and expences in this wrongfull vexation sustained R. Ge. The Replication of H. S. to the Aunswere of Sir T. H. Knight THe said complainant saith that the said bill of complaint is true Sect. 181. certeine and sufficient in the lawe to be aunswered vnto and not imagined and set forth by the said complainant of malice or wrongfullie to put the said defendant to costs labour or expences for the saide complainant auerreth his said bill of complaint and euery thing therein conteined to be good and true in manner and forme as in the said bill of complaint is alledged without that that the late King Henry the 8. named in the saide aunswere was seazed in his demesne as of fee as in the right of his Crowne of and in the saide mese garden orchard and croft conteining by estimation two acres of land lying in D. parcell of the lands and tenements mentioned in the saide bill of complaint as parcell of the mannor and Lordship of D. in the said Countie of C. or that the saide mese garden orchard and croft or any part or parcell thereof is or at any time was parcell of the same mannor or that the said late King by his letters patents gaue and graunted vnto the saide defendant and his heires for euer the saide mese garden orchard and croft or that the saide late King Henry the 8. did or might lawfullie giue the said mese garden orchard and croft vnto the said defendant or that the saide mese garden orchard and croft did or might lawfullie passe or come vnto the said defend by the said graunt if any such graunt had beene as there was not indeede or that the said defend by force of any such graunt or letters patents entred into the premisses last before mentioned and was thereof seazed acordinglie or did or might lawfullie take the issues and profits thereof by force of the same letters patents or that any other thing c. All which matters the saide defendant c. And prayeth that it may be ordred by this ho. Court that the said complainant may quietly enioy the lands and tenements mentioned in the said bill of complaint without let suit vexation or impediment of the saide defendant or of his heires or
Right Honorable the Lords c. IN most humble and lamentable maner sheweth vnto your honorable Sect ' 188. Lordships your poore Suppliant A. B. of C. in the Countie of N. Merchant That whereas there are diuers matters of Account in question and controuersie betweene your said poore suppliant one H. B. of N. which will aske require some long time great charges to be prosecuted determined by the due course of the common lawes of the realme the which would turne to the vtter vndoing of your said suppliand because he is now readie with his Ship to depart towards the Straights and therefore very vncertaine of his returne It may therefore please your good Lo. to graunt your Ho. letters to be directed vnto the two Bayliffes of great Yarmouth either to heare the said Account betwixt them or else to appoint two other indifferent persons to heare the same and that those two may of themselues appoint an vmpier to end and determine the said controuersies vnto the which if the said H. B. or your Ho. said Suppliant will not yeeld vnto that then they may certifie vnto your good Lo. the state of the saide controuersies betwixt them with their opinions therein and in whom they conceiue the fault to be And your saide poore Suppliant shall be bound during his life to pray for your good Lo. increase of honour and perpetuall felicitie A Supplication of H. K. and E. M. beeing prisoners in the Fleete for misdemeanors sentensed in the Star chamber to be enlarged of their imprisonment To the Right Ho. the L. Keeper of the great seale of England THe Suppliants in Michaelmas Tearme last were sentensed for a Sect ' 189. Riot other misdemeanours and A. B. the principall defend was then also committed to the Fleete and adiudged to pay to the Queene 100. l for a fine and also to discharge the fines imposed vpō such other of the said defendants then likewise sentenced fined as are not able to satisfie the same Your Lo. saide poore Suppliants dwelling in the County of C. were brought vp by the Warden of the Fleets seruants are now likewise prisoners in the said prison of the Fleete for the said offences where they haue already remained by the space of a fortnight more in great miserie want being very poore men very aged and hauing nothing at all wherewith to relieue their great wants necessities more then the bare allowance of the prison being so small as your poore suppliants are readie to starue for want of meate drinke other necessaries to the vtter ouerthrowing of them and their poore wiues children without it may please your good Lo. speedily to extend your commiseration and pitie vpon them in setting them at libertie A Supplication of a prisoner in the Fleete for misdemeanours censured in the Star chamber to be enlarged of his imprisonment and to haue the benefit of a generall pardon and to be discharged of one of his fines imposed vpon him To the Right Ho. Sir T. E. Knight Lord keeper of the great seale of England IN all humblenes H. A. a very poore aged man of 70. yeares old and Sect. 190. more now prisoner in the Fleete humbly beseecheth your good Lo. That where your suppliant in the cause betweene A. B. and C. D. had in the Starrechamber two seuerall fines imposed vpon him for two seuerall misdemeanours the one a fine of 10. l the other a fine of 20. l and brought out of the Countie of C. by the seruant of the deputie warden of the Fleete to the prison of the Fleete the 10. day of this instant Iune being as he is informed discharged and freed from the said first fine of 10. l and from imprisonment of his bodie by her Maiesties most gratious generall pardon at the last Parliament that it would please your good Lo. for Gods sake to yeeld and allow vnto your Lo. said suppliant the benefit of the said generall pardon for his said first time and also in your ho. and mercifull regard of his great pouertie miserie he now lieth in to enlarge him of his said imprisonment and to discharge him of the said fine of 20. l and to set it ouer vpon the head of the said C. D. according to an order therein taken And also to order appoint the said C. D. to pay your said suppliants prison charges hauing been drawen into that action by the saide C. D. otherwise your Lo. poore suppliant is vtterly vndone for euer and shall neuer be able to procure his libertie but of force must perish in prison And your said poore suppliant his poore wife and children shall dayly pray for your Lo. good and honorable estate in all health and happines long to continue A Supplication of a prisoner in the Fleete for a misdemeanour censured in the Starre chamber to haue the benefite of a generall pardon and to be discharged of his imprisonment and fine and that in respect of his very poore estate his prison charges may be paid and discharged by one A. B. by whose meanes the Suppliant was drawen into the action To the Right Ho. Sir T. E. Knight Lord keeper of the great seale of England YOur Ho. very poore Suppliant H. M. being a very poore olde man Sect ' 191. of aboue 80. yeares old and weake and sicklie now prisoner in the Fleete humbly beseecheth your Lo. That where your poore suppliant in a cause betweene A. M. and C. K. was fined in the Starre chamber at the summe of 5. l and brought out of C. by the warden of the Fleets seruants to the prison of the Fleete the 20. day of this Iuly that he may not only be freed discharged of the said fine imposed vpon him but also of his said imprisonment by force and vertue of a generall pardon at the last Parliament And that your good Lo. will be pleased for Gods cause to yeeld allow vnto your poore suppliant the benefit of y◠said pardon for his enlargement And further that it will please your good Lo. in regard of his great pouertie being not able to relieue himselfe with sufficient meate and drinke but is ready to starue for hunger for want thereof to take such order that the said C. K. by whome your said poore suppliant hath been drawen to commit the said misdemeanour may pay for your said suppliant all his fees and charges of imprisonment the which if he be not compelled by your good Lo. to do your saide poore suppliant is very likely to remayne languishing in prison all the dayes of his life without any hope euer to be deliuered thence And your poore suppliant will dayly pray for your good Lo. c. The end of Bils and Answeres c. HItherto of Bils Answeres Replications Reioinders c. and such other things as concerne the maner of proceeding in Chancery suites with some newe additions vnto them added