oath he saw a Subpoena served upon the defendant Dinnis plaintant Morgan defendant An. 21. and 22 Eliz. The plaintants Bill is to be relieved for Copyhold lands the defendant doth demurre for that the lands are Ancient demeasne lands of her Majesties Mannor of Woodstock and there onely pleadable it is ordered a Subpoena shall be awarded to the defendant to make a better answer Wilkins plaintant Gregory defend An. 21. and 22. Eliz. Upon a Subpoena in perpetuall memory the defend appearing assented to joyne in Commission so as the Lord Bacons orders touching examination of witnesses in perpetuall memory might be observed but upon motion it was ordered that the Commission should be made generall as in like cases where the parties joyne for that it seemed to the Court the Lord Bacons orders were intended to be observed where the plaintant hath a Commission alone Dominus Dacres uxor plaintants Southwell defend Anno 21. and 22. Eliz. The plaintant desired to be relieved for a Lease made by the defendant to him for yeares which the defendant endevoureth to impeach because in the premises of the Lease there is no Leassee named but onely in the Habendum and the cause being referred to the two Lord chiefe Justices and the Lord chiefe Baron they certified their opinion in Law that the Lease was good in Law notwithstanding the Leassee was not named in the premises of the Lease but in the Habendum and therefore decreed accordingly that the plaintant should hold the said Lease Butler plaintant Dodton defendant An. 21. and 22. Eliz. The case is that the Lord Wray and Sapcotes father were made executors to the use of Children Sapcotes father having gotten a great part of the testators estate into his hands deviseth divers Legacies to strangers maketh the defend his Son Executor and dyeth and the defend by answer confesseth his Father had divers goods of the first testators in his hands but said that the defendant had not goods sufficient more then would satisfie the Legacies given by his Father therefore ordered that the defend shâ—ll first pay to the plaintant the goods which were the first testators and so much of his Estate as came to his Fathers hands Wray chiefe Justice plaintant Sapcote defendant Anno 21. and 22. Eliz. The plaintant setteth forth in her Bill that she joyned with her husband in sale of part of her inheritance and after some discord growing betweene them they seperate themselves and one hundred pound of the money received upon sale of the Lands was allotted to the plaintant for her maintenance and put into the hands of Nicholas Mine Esquire and Bonds then given for the payment thereof unto Henry Golding deceased to the use of the plaintant which bonds are come to the defendant as administrator to the said Henry Golding deceased who refuseth to deliver the same to the plaintant and hereupon she prayeth reliefe the defendant doth demurre in Law because the plaintant sueth without her husband and it is ordered the defendant shall answer directly Mary Sanky alias Walgrave plaintant Goulding defendant An. 21. and 22. Eliz. The plaintant served the two defendants with one Subpoena but exhibited two Bills the defendants appeared and answered the one but not being served with any other Subpoena to answer the second departed whereupon an Attachment is awarded against them and ordered the defendants answering the second Bill be discharged of the Attachment Ap Rice plaintant Granoe Grannoe defendants An. 21. and 22. Eliz. The defendant demurred generally without shewing any manner of cause and therefore ordered that a Subpoena be awarded against him to make a perfect answer Duffield plaintant Greaves aliis defendants Anno 21. and 22. Eliz. The plaintant as sole Executor to Robert Maunder exâ—ibited a Bill against the defendants for the same matter for which the plaintant and David Gome as Executors to the same Maunder exhibited another Bill and ordered that both Bills should be referred and if both for one cause the defendants shall be dismissed from one of the Bils with costs Iohn Maunder plaintant Iohn Wright aliis defendants An. 21. and 22. Eliz. Christopher Askame hath made oath that Iohn Bleverhasset being a deponent in perpetuall Memory is dead and Iohn Harrison another of the deponents is and hath been of long time sick and not able to travell without danger of his life and that their depositions are very needful for the plaintant to be given in evidence in a matter now depending at the common Law Senhawes plaintant Senhawes aliis defendants An. 22. Eliz. The defend made oath the plaintant caused him to be served with a Subpoena the Saturday before the end of the Terme returnable the Thursday following being but two dayes before the end of the Terme he the defendant dwelling in Devonshire sevenscore miles distant from London wherefore the defend could not conveniently appear and make answer by the returne of the said Subpoena and yet neverthelesse the plaintant had procured out an Attachment against the defendant therefore and for that the plaintants Bill is but for evidences it is ordered the defend be discharged of the Attachment putting in his answer Smith plaint Weare defendant An. 21. and 22 Eliz. Upon certificate of Henry Vgheard and Thomas West two Commissioners that Thomas Marshall one of the defendants witnesses being warned by precept from them refused to appear before them and that Roger Taylor another witnesse appeared but refused to be examined because he sollicites the plaintants cause it is therefore ordered that the defendant shall examine before one of the examinors of this court before the end of this Terme as well the said Roger Taylor upon any Interrogatory which shall not be touching the secrecie of the title or of any other matter which he knoweth as sollicitor onely as also the said Marshall or any other necessary witnesse whereof the defendant shall first set down their names so that the plaintant may likewise examine them if he will Kelway plaintant Kelway defendant An. 22. Eliz. It is informed that the plaintant exhibited his Bill without a Councellors hand or retaining an Attorney and the same is for matter formerly decreed therefore ordered if cause be not shewed to the contrary and if the Bill be to bring the matter in question that was decreed then it is ta be dismissed Bingham plaintant Warren defendant Anno 22. Eliz. The defendant demurred upon the Bill for incertainty which was certaine enough And also for that all the parties are dwelling within the Jurisdiction of the Marches of Wales which is no cause of demurrer for title of Lands therefore ordered if cause be not shewed a Subpoena is awarded against the defendant to answer Keyes plaintant Hill uxor Defendants Anno 22. Eliz. The plaintant exhibits his Bill touching a practise and mis-behaviour supposed by the plaintant to be used by the
sollicitor of one of the parties was served with Subpoena to testifie in the cause in controversie and the Court discharged him by reason he was solliciter in the cause An. 20. Eliz. The plaintants Bill was for that he being a Coppyholder Leased to the defendant for years and the defendant hath digged gravell and sold the same away whereby the Coppyhold is prejudiced the defendant justified for that the Copyholders are not punishable in waste which cause this Court alloweth not of for though the Copyholders of the mannor are not punishable yet the Leasses of Copyholders of the Mannor are punishable therefore a Supoena is awarded to shew cause why an Injunction shall not be granted for staying his digging of gravell and felling Woods upon the Copyhold Lands Dalton plaintant Gill and Pindor defendants Anno 19. Eliz. Whereas the plaintant exhibited his Bill against the defendant for wilfull perjury the defendant hath demurred which this Court alloweth not of It is ordered a Subpoena be awarded to the defendant to answer Thomas Woodcock plaintant Giles Woodcock defendant An. 19. Eliz. Whereas there was an award in writing exhibited into this Court made between the said parties by Sir Christopher Wray Knight Lord chiefe Justice of England whereunto the Lord chiefe Justice hand as well as the parties are subscribed it was requested by the plaintants the same might be decreed by this Court which this Court refused to grant untill the defendants were made privy therefore processe is awarded Wakefield Vxor Aliis plaintants Hawson Vxor Aliis defendants An. 19. Eliz. The suit was to stay suit in the spirituall Court for a Legacy of 40 l. Ioan Banvill widdow plaintant Guy Banvill defendant Anno 19. Eliz. The suite was for common of pasture and Turbary the defendant demurred for that the plaintant may have remedy at the common law but ordered to answer Lawrence and Moregate Aliis plaintants Windham defendant An. 19. Eliz. Robert Goodwine made oath that at such time as he came to the house of the defendant to serve a Subpoena upon him according to an order of the 10. of May last one of his servants came forth and told him he was within who thereupon delivered the Writ to be delivered to the defendant his Master Goodwine plaintant Sullyard defendant An. 19. Eliz. The defendant made oath that he was served with a Subpoena by the plaintant in the name of one William Web utterly unknown to the defendant and now upon his appearance no Bill in Court against the defendant in the name of the said William Web or of the plaintant therefore 30 s. cost is awarded against the plaintants An. 19. Eliz. Forasmuch as the said Abel one of the defendants appeared and answered the last Terme and his wife did not therefore an Attachment was awarded against them both Monox plaintant Abel and his wife defendants Anno 19. Eliz. Whereas there was this present day exhibited into this Court a certificate under the Seale of the university of Oxford on the defendants behalfe testifying and declaring that the Chancellors of the said university and their successors from the time whereof the memory of man is not to the contrary as well by graunt and consideration of her Majesty as of her Majesties noble progenitors sometimes Kings of this Realme have had the cognizance and finall determination of all manner of Pleas strifes quarrels and controversies whatsoever Felony Maine and Franketenant onely excepted rising and growing as well within the precinct of the said City of Oxford as without within the Realme of England whereas one of the parties within the said suit action or plea is a Master or Schollor or common Minister of the same university or such a person as the Chancellor Vicechancellor Lieutenant or Commissary will certifie ought to enjoy the priviledge of the same university and that the same persons upon the shewing forth of the said certificate in any Court where they are impleaded ought to be discharged out of the same Court forasmuch as it appeareth by the said certificate that the said defendant who is brought up by a Subpoena to answer a Bill exhibited by the plaintant into this Court is a Batchelor of Law in the same university and for that also it appeareth by the plaintants said Bill of complaint that the matter therein contained is onely for certaine promises supposed to be made by the defendant to the plaintant touching certaine Goods Chattels and money therein mentioned and not Franktenement or any matter before excepted It is therefore ordered that the said defendant be of and from the said Bill of complant and matters therein contained from henceforth clearly and absolutely dismissed and the plaintant referred to take his remedy for the same before the Chancellor Vicechancellor Lieutenant or Commissary of the said University of Oxford according to the Tenor of the said Certificate Temple plaintant Foster Doctor of the Civill Law defen. Anno 19. Eliz. Thomas plaintant Mounson defendant produceth a Certificate of the University claiming jurisdiction of the same University therefore the cause is from hence dismissed to be tryed and determined there An. 19. Eliz. The plaintant in the end of Easter Terme by Master Griffeth his Attorney required the defendant to proceed to Commission for examining of witnesses and the defendant was ready to joyne sithence which time the plaintant contrary to the order of this Court as they alleage hath produced one of the Masters of this Court and one of the examinors to travell to the plaintants house in Wiltshire 60 miles distant from London there hath examined witnesses it is ordered that publication be stayed untill the matter be examined after publication is granted Darrall plaintant and Stukey defendant An. 19. Eliz. The plaint Father did purchase in Fee-Farm to him and his heirs the Mannor of Long Eason in the County of Deâ—y of one Kymwelmarch rendring 8 l. rent with a condition of reentry for non payment of the rent deviseth the Land to another for life A ducens tecum for the evidences An. 19. Eliz. Forasmuch as the defendant hath appeared in this court upon an Attachment of priviledge and attended from day to day according to his Bond made in that behalfe and hath also pleaded an issue to the plaintants Declaration therefore the defendant is licensed to depart Dugdell plaint Orrell defend An. 20. Eliz. The defend by his Answer confesseth he was joynt purchasor in trust with the plaintants Father to them two and to the heires of the plaintants Father of the Lands in question and that he never received any profits thereof and that he meant at the plaintants full age to convey the Lands to the plaintant and his heires according to the trust it is ordered and decreed the defendant shall forthwith upon notice to him given convey his Estate in the Lands to the plaintant and the Heires
till the Lord should recover it for the forfeiture by the common Law in the case of Mr. Litton Mich. 41. and 42. Eliz. Justice Clench and the Masters Tenure by Tenant Right as it is usuall towards the borders of Scotland shall not pay any uncertaine fine or incombe at the change of the Lord by alienation but by death which is the Act of God for otherwise the Lord might weary the Tenant by frequent alienations but it may be fine uncertaine upon the alienation of the Tenant as well upon death as discent for that it is the Act of the Tenant and in his power Sir Thomas Egerton Mich. 1599. Case Mannor de thwaites les Iustices accord the same holdeth in Copyholders for the custome must be reasonable A Copyholder in Fee surrendreth to the use of one and to his Heires upon condition of redemption writeth downe his debts and willeth part of his Copyhold to be sold for payment of his debts after his death one of the creditors payeth the money at the day to the morgage who neverthelesse inrolleth the surrender afterward this other creditor complaineth against him and the Heir in Chancery and had a decree that the Copyhold should be sold for the payment of debts and the remainder of it if any were should discend to the Heire 41. Eliz. For although the devise of the Copyhold be void yet to take it from the surrendree who held it onely for money to be paid and to pay him and the other creditors therewith hath good warrant in equity and the Heire hath no wrong for that it was gone from him by the surrender lawfully Termino Trinitatis 40. Eliz. the Lord Keeper Sir Thomas Egerton pronounced openly that he for avoyding perjuries and other abuses would not give help to a Lease claimed by paroll onely One Cutting brought an action upon Assumpsit for one hundred pound against the Executors of a Testator that promised the money in marriage with his daughter and recovered at the common Law which judgement was reversed in the Chequer Chamber but Cutting sought help in Chancery where it was proved that the Executors had Assets for Funeralls Debts and Legacies with a good overplus to satisfie the complainant and therefore after hearing and report thereof by Doctor Stanhope and Mr. Lambert it was decreed for the complainant but the Executor exhibited his Bill for remedy upon which Justice Owen thought he was not to be heard till he had satisfied the decree and then also but onely upon new matter not thus resting the Executor exhibits a second Bill which was referred to Master Lambert but he excused himselfe that he was not to judge in his own cause and recommended it to the censure of the Lord Keeper who ordered the Executor to performe the first decree Micha 40. Eliz. 1598. Trinity 41. Eliz. The Lord Egerton pronounced openly that he would give none aide in Chancery â—or the maintenance of any perpetuities nor of any Lease for hundredâ— or thousands of yeares made of lands holden in Capite because the latter be grounded upon fraud and the former be fights against God A. was bound in a Statute to B. And one C. lendeth 100 l. to A. with which A. bought lands and assured the same to C. for his hundred pound A faileth in payment B. extended that land C. was denyed help in Chancery although the land was bought with his mony for B. hath priority of right in Law without Covyn Crompton 63. a. A. delivereth twenty pound to B. to the use of C. a woman to be delivered her the day of her marriage before her marriage A countermandeth it and calleth home the money C. shall not be ayded in Chancery because there is no consideration why she should have it Dyer 49. A Term or devised his Terme and whole Lease to B. Provisoe that if B. dye living C. Then the Terme shall wholly remaine to C. B. selleth the Terme and dyeth living C. And by the opinion of the Justices C. shall have no remedy Dyer 74. The Vice Countesse Mountague claimed the Wardship of the body of the Heire of a Tenant of hers which was esloyned from her 〈◊〉 she suspecting some of the Heires friends exhibited her Bill in Chancery and it seemed they should not answer to charge themselves criminally especially in this Case where so great a punishment as abjuration may follow c. Cromer and Peniston married two Sisters joyntly possessed of a Lease for yeares the wife of Cromer dyed Peniston claimed the whole by Survivor Cromer exhibited a Bill suggesting that Peniston had in her life time severed the joyneture by some act â—ecretly The Lord Keeper over-ruled that the defendant should not answer Mich. 39. and 40. Eliz. As concerning confidence secretly knit to Estates it hath manifold considerations first if my Feoffee upon confidence doe infeoffe another bona fide that knoweth not of the confidence I am without remedy Fitz Harbert sub 19 But if the second Feoffee have notice of the use he shall be compelled here to performe it 5. E. 4.7 So if my Feoffee dye and the land discend to his Heire I have no remedy against him 8. E. 4.6 All the Justices and this confidence extendeth not onely to the taking of the profits but also that the Feoffees shall doe acts for the good of the Feoffor and if the Feoffor require him to make an estate to any other he oâ—ght to doe it but thereof he ought to have request in writing for he is not to doe it upon a bare message or upon desire by word onely 37. H. 6.35.36 And if the Feoffor will have him make an Estate to I. for life the remainder in Fee to B. though I will not take the Estate yet B. shall compell him to make Estate to him in the life of I. ibid. 36. Finch So if the Feoffee be disseised the Feoffor shall compell him to sue an Assize 2 E. 4.7 Neverthelesse those Feoffees might grant necessary Offices as Stewardships Bailyweeks c. though they may not grant Annuities to learned men to defend the Land 8. H. 7.12 They may also as it seemeth give Fees to Councell and shall have allowance thereof so far as they are from being maintainors If I give money to one to purchase Lands therewith to him and his Heirs and to permit me to take the profits thereof during my life and he with-holdeth the profits he shall be compelled by Subpoena Crompton Fol. 48. b. If Cesti que use be attainted of Felony the Lord shall not be ayded by Subpoena to have his escheat and if the Heir be barred by the corruption of his bloud then the Feoffee as it seemeth shall retaine the Land to his own use 5. E. 4.7 Feoffments of use Brooke 34. When the use is to the Feoffee and his Heirs without any other intent there Cesti que use
hath the deed shall be compelled here to shew it for the defence of the others Title 9. E. 4.41 A. made a Deed of Feoffment to his own use to B. but gave no livery of seizin A. dyeth C. his heire bringeth a Subpoena against B. but by Morton Master of the Rolls C. was denyed help here because B. had nothing in the Land and if he abate there is remedy at the common Law against him 18. E. 4.13 Where certainty wanteth the common Law faileth but yet help is to be found in Chancery for it for if the Queen grant to me the goods of A. that is attainted of Felony and I know not the certainty of them yet shall I compell any man to whose possession any of them be come to make Inventory of them here 36. H. 6.26 Cur. It is most usuall in Chancery to demand evidence concerning the complainants Lands to which he maketh Title which are not in Châ—sts Baggs or Boxes and whereof he knoweth not the Date c. And in that Case the Defendant made Title to the Lands and justified the detaining of the evidences for maintenance of his right whereupon it was ordered that the complainant should bring an action for the Land at the common Law to which the Defendant should plead in chiefe and that he for whom the verdict should passe should also have his possession stalled here 28. Eliz. If a man have cause to demand land by action and knoweth not the Tenant of the land by reason of the making of secret Estates it hath been lately used to draw them in by oath to confesse the Tenant but it is now doubted A Tenant in common of a Manor for long time occupyed wholly by the other Tenant in common which knoweth not the quantity of the Mannor by reason the other hath also sold Lands intermingled had the sight of the Court Rolls and Writings of his companion concerning onely the quantity of the Mannor but not concerning the sold Lands nor his Title to the Mannor and the other was ordered also to shew the like on his part Capell and Mym 1599. The Chancery also giveth help for perfecting of things well meant and upon good consideration As if in a Feoffment of Lands for money the word Heires be omitted in the deed Audeley Chancellor 9. H. 8. said that he would supply it A man bought debts due upon Obligations and gave his own Obligation for the money to be paid for them and because he had not quod pro quo but onely things in action and the seller would not use action upon them for the benefit of the Vendee It was ordered here by the assent of the Judges thereto called that the Vendor should bring in the Obligation to be cancelled 37. H. 6.14 But if a man pay money upon an Obligation or a Statute that is single the Obligee or Counsee shall not be called hither to cancell it though the other had no acquittance upon the payment made 22. E. 4. b. les Justices and Doctor and Student 23. who said that a man shall have no ayde here to supply his folly As if he pay a debt upon a single Obligation or Statute without taking acquittance But Robert Stillington Episcopus Bathoum said that deus est proâ—urator futurus I thinke if money be paid upon a redemption of a morgage by Indenture without taking an acquittance the morgage shall bring in the Indenture to be cancelled here So if a man sell lands in two Counties for money and maketh livery in the one onely he shall be compelled in conscience to perfect the assurance by another livery Doctor and Student 37. for the contract faileth onely in a circumstance or ceremony A lease is made of a House and Woods wherein it is covenanted thâ—t the Leassee shall have Housboot and Fireboot By this it is implyed and meant that he shall not have any of the Woods to any other purpose but that they belong to the Lessor and it is usuall to help him in the Chancery to them leaving sufficient for these boots A Messuage was demised cum pertinentiis onely but for that sundry Lands had been occupyed therewith for the same rent and by the same words the Lord Chancellor Bromley by advice of the Judges ordered those Lands should now passe also yet in Law they do not passe as some Justices hold The Lord North demised a Mannor excepting the Court Baron and perquisites c. the exception was found void in Law and the Tenant Lady Dacres would not make suite to the Court kept by the Lord North But the Lord Keeper Puckering assisted with some Judges decreed her to make suite for that it was plainly so intended A man made a gift of his goods of intent to defraud his creditors and yet continued the possession of them and took sanctuary and dyed there now his Executors having the goods were charged towards the Creditors 16. E. 4.9 So if a Lessee for years demiseth parcell of the Terme to another and covenously forfeiteth his whole Lease for any condition broken and taketh the Land back in Lease againe his Lessee shall find help in Chancery Crompton 64.65 And Stillington the Chancellor 8. E. 4.4 was of opinion that pro laesione fidei or breach of promise a man was at liberty to sue either in the spirituall Court Canonicae Injuria or else in the Chancery for the damage accrewed by the breach A man had Lands of ancient deâ—neasne in extent for debt and they were recovered from him by the sufferance of the Vouchee whereby he was ousted in this Case he shall be holpen here Morton Chancellor per Assent Bryan and Hussey Justices 7. H. 7.11 If one that is bound with another for the debt of the other payeth it at the day for fear of Arrest now if he sue his counter-bond which he hath to save him harmelesse non est damnificatus is a good Plea at the common Law against it but yet the Chancery will give order for his repayment Mich. 31.32 Eliz. And whereas such a surety paid the debt and sued the principal upon his Obligation to save him harmlesse the principall brought a Subpoena and alleadging that he having delivered goods into the hands of the surety to save him harmlesse prayed an Injunction to stay his suite but because the surety made another title to the goods the Court would not stay the suit for him 16. E. 4.9 Where Deeds and Mynuments do concern as well the defence of the Tenant for life his Title who also possesseth the Deeds as the right of another in reversion or remainder it is usuall to have them brought into this Court for the avoyding all perils and the indifferent custody of them Dixies and Hillary 40. Eliz. A Lease is made for life the remainder for life the remainder over in Fee the first
Lessee maketh waste and because he in the Fee hath no remedy by the common Law and waste is a wrong prohibited he shall be holpen in Chancery Crompton 48.6 And not every barre or stopell in Law ought also to bind in Chancery For if a legitimate daughter and her sister a Bastard do joyne in suing of their livery this ought not to barre in conscience howsoever it may estop in Law Doctor and Student 34. It is usuall in a Bill of Chancery ro object that the Case hath proper help at the common Law and 21. H. 7.41 where one assumed for 10 l. to Lands to another It was said he might have action upon his Case and not to sue in Chancery to compell him to make the Estate but these helps be divers and not the same for by the one he seeketh the Land and by the other he demandeth damages onely And therefore I see not but that the Petition in Parliament might have prevailed if it had stood upon that point onely and at this day it is taken for a good cause of dismission in most causes to say that he hath remedy at the common Law and where an action upon the Case for a Nusans and damages onely are to be recovered the party may have help here to remove or restore the thing it selfe quod est idem A Leassed lands for 21. years and let other lands at twill to B. that had lands in the same Town who makes a Lease for life to C. of his own lands and of A s. and then by Fine all is conveyed to B. he payes the rent to A. still the five years passe by the opinion of all the Judges delivered to the Lord Keeper this fine shall not Bar A. quia apparet per le payment del rent and cest case fit subscribe per Popham Andersan 12. Feb. 160 1.40 Eliz. Nota que Executor non poit estre a trust unlesse he have an especiall gift in the will and that may then be in trust otherwise the generall trust of an Executor is to pay debts and legacies and of the surplusage to account to the ordinary in pios usus 44. Eliz. 8. Iunii 1602. A woman sole takes consideration for making a Lease for 21. yeares and then marries and she and her husband made the promissed Lease at the 21. yeares end the Lessee surrenders and takes a new Lease for 21 years more the husband dyes the wife oustes the Lessee who sues in Chancery to have the first Lease continued rest for the first 21 yeares and not remedyed here the surrender being voluntary 44. Eliz. Two Joynt-Tenants the one takes the whole profits no remedy for the other except it were done by agreement or promise of account 8. Iunii 1602. 44. Eliz. A defeÌ„ not being a principall defendant might be read at a witnesse if he were examined on the plaintants party in another suit betweene other persons in Case of Kingston upon Thames 10. Iunii 1602. 44. Eliz. A custome of discent in a Mannor and many other things were in controversie between the Lord and Tenants and between the Tenants themselves And in the tenth Eliz. a generall agreement made by Deed indented and a Bill in Chancery for establishing the same but no Record to be found but the Deed inrolled though all the Tenants of the said Mannor shall be stopped in the Chancery to speak against this Cac est quae le Repes del realme notwithstanding pretence was made Philips being of councell with the defendants that agreement cannot alter a custome in Law that some were infants some â—eme coverts at the time that the Lord was but Tenant in taile of which opinion was Mr. Cooke Attorney generall and Justice Gawdy 10. Iunii 1602. 44. Eliz. If a Statute be acknowledged in my name by a stranger I shall have an action of disceat against him but I shall not avoid the Statute or recognizance but if it be acknowledged by one of the same name with me I shall avoyd it by Plea 23. Iunii 1602. 44. Eliz. The opinion of the Courts is that uses may be raised by covenant for Jointures but power to make Leasses in that sort cannot passe but it may be done by Fine or transmutation of possession if the covenant be that the owner will stand seize to those uses 27. Iun. 1602. 45. Eliz. Whether Copyholders may be intailed and held that they may not by the Statute de donis conditionalibus but by the common law denante and that surrenders or plaints in nature of fines and recoveries may bar these state tayles as well in the Court Baron as at the common law if the custome have been such which is the rule in these cases 3. Feb. 1602. 45. Eliz. Administrators in nature of a guardian to an infant being Executor exhibits on his behalfe a Bill in Chancery the infant depending the suit comes of full age this abates not the Bill by the opinion of the Lord Chancellor Egerton 7 Feb. 1602. 45. Eliz. Doctor Ford by his will devised certaine lands to his wife in these words non per viam fidei coÌ„missâ—â— for which his sonne might sue her but hoping if his Son grew thrifty that at her death she would leave the remnant of these Leases to him she married Greysill but before marriage Greysill wrote unto her that she should have the disposing of those Leases at her death after the marriage Greysill sells the Leases Ford brings his suite in Chancery and had no help by the opinion of the Court 31. Maii 1. Iacob 1603. Inter Tomley and Clench It appeared by testimony of ancient witnesses speaking of 60 years before and account Books and other writings that Francis Vaughan from whom Tomley claimed was mulier and Anthony from whom Clench claimeth was a Bastard and the possession had gone with Tomley 50 yeeres In this Case the Lord Egerton not onely decreed the possession with Tomley but ordered also that Clench should not have any tryall at the common law for his right till he had shewed better matter in the Chancery being a thing so long past it rested not properly in notice de pais but to be discerned by Books and Deeds of which the Court was better able to judge then a Jury of Plough-men notwithstanding that exceptions were alleadged against those ancient writings and that for the Copyhold-land the verdict went with Clench upon evidence given three dayes before Serjeant Williams that Anthony was Mulier 31. Maii. 1. Iacob 1603. Sir Edmond Morgan married the widdow of Fortescuhe had his wives lands distrained alone by the Grantee of a rent-charge from her former Husband and therefore sued the Grantee in Chancery to take a ratable part of the rent according to the lands he held subject to the distresse and notwithstanding the Lord chiefe Justice Pophams Report who thought this reasonable the Lord Chancellor