The reports of Sir Peyton Ventris Kt., late one of the justices of the Common-pleas in two parts : the first part containing select cases adjudged in the Kings-Bench, in the reign of K. Charles II, with three learned arguments, one in the Kings-Bench, by Sir Francis North, when Attorney General, and two in the Exchequer by Sir Matthew Hale, when Lord Chief Baron : with two tables, one of the cases, and the other of the principal matters : the second part containing choice cases adjudged in the Common-pleas, in the reigns of K. Charles II and K. James II and in the three first years of the reign of His now Majesty K. William and the late Q. Mary, while he was a judge in the said court, with the pleadings to the same : also several cases and pleadings thereupon in the Exchequer-Chamber upon writs of error from the Kings-Bench : together with many remarkable and curious cases in the Court of Chancery : whereto are added three exact tables, one of the cases, the other of the principal matters, and the third of the pleadings : with the allowance and approbation of the Lord Keeper an all the Judges.

Sir Samuel Jones versus the Countess of Manchester.

IN an Ejectment upon a Trial at the Bar, the Evidences which (as the Plaintiff pretended) would have made out his Title, and would have avoided the Settlement in Joynture, which the Countess of Manchester claimed, were locked up in a Box, which was in the Custody of a Stranger, who before the Trial delivered the Key to the Earl of Bedford, Brother to the Countess of Man∣chester, and Trustee for her; who being present in Court, and requested to deliver the Key, that the Box might be opened, which was brought into Court: He said, (being a Trustee in the behalf of his Sister) He conceived, he was not obliged to shew forth any Writings that might impeach her Estate; and if he should, it would be a breach of the Trust reposed in him, which he held sacred and inviolable.

The Court told him, That they could not compel him to deliver the Key: But Hales said, It were more advisable for him to do it. For he held, tho' it is against the Duty of a Counsellor or Soli∣citor, &c. to discover the Evidence, which he which retains him acquaints him with; yet a Trustee may and ought to produce Writings, &c. But they could not Rule him to do it here; and the Earl declaring his Resolution not to do it, the Plaintiffs Counsel desired leave of the Court to break open the Box.

The Court said, that they would make no Order in it, nor would determine how far the Title to the Writings drew in the property of the Box; or whether the delivering the Key to the E. did not amount to a Pledge of the Box.

Serjeant Maynard said, It was the course of the Chancery, when a Bill was Exhibited against a Joyntress, to discover Writings, not to compel her to do it till such time as the Plaintiff agrees to confirm her Joynture. And he knew a Bill of Discovery brought against a Purchasor upon a valuable Consideration; and the Court would not compel him to Answer, tho' it was proved there was a Deed and a real Settlement.

Vpon opening the Evidence in the Case at Bar, these Points were stirred and Resolved by the Court:

That where a man makes a Feoffment, &c. to Uses, with power of Revocation, when he hath executed that Power, he cannot limit New Uses; but if it had been with a Power to revoke and limit New, then he might revoke and limit New, with a power of Revo∣cation annexed to those New; which if he doth afterwards revoke, he may again limit New Uses according to the first Power, and so in infinitum: But always the New Uses must correspond to those Circumstances, &c. which the first Power appoints, for that is the Foundation, 2 Rolls 262. Beckett's Case.

The Plaintiff being at a loss for his Writings, was Nonsuit.