Where Bills, Answers, Depositions, &c. in Chancery, shall be good Evidence in this Action, or not.
In Ejectment the Defendant that made Title as a Purchasor under a Devisee,* and shewed only a Bill in Chancery preferred by the Heir, under whom the Lessor of the Plaintiff claims against the Devisee, where∣by the Will was set forth, and confessed in the Answer. But per Curiam it is no Evi∣dence, tho' a Possession were proved accord∣ingly in the Devisee, and that this had been confessed by the Plaintiff in a former Tryal, 2 Keb. 35. Evans and Herbert. And yet in 1 Ventr. p. 66. A Bill in Chancery was said to be given in Evidence against the Complai∣nant.
On a Tryal in Ejectment, it was shewed for Evidence, That the Defendant P. was guilty of Simony for giving 100 l. per Annum to M. the Patron; and to prove this they shewed a Bond conditioned to pay 100 l. per Annum generally: And they say, That an Action of Debt was brought against P. and P. had preferred his Bill in Chancery to be relieved against this Bond, and by it disclo∣sed Page 160 that it was entred into for the Cause aforesaid. But to that it was Answered, That P. was presented by G. but it appeared that G. acted as a Servant to M. the Patron; and it was opposed,* That this Bill is no Evidence, because it only contains Matter suggested perhaps by the Council or Sollicitor, with∣out the Privity of the Party. But per Curiam the Copy of the Bill shall be read as Evidence, for it shall not be intended it was preferred without the Privity of the Party, and it be∣ing disclosed by the Party himself; other∣wise they would not allow a Bill in Evidence, if there be not Answer and other Proceed∣ings upon it, Siderf. p. 220. Dr. Crawley's Case.
But at a Tryal, the Plaintiff to prove his Bond, offered a Bill by the Defendant in Chancery, which Keeling Chief Justice held good Evidence, as in the Parson of Amer∣sham's Case. Dr. Crawley, where a Bill by P. a Simoniac, to be relieved against his Bond, was admitted against himself; this being the Drift of the Bill, and not any particular Al∣legation: But the Court would not allow it.
