The transactions of the High Court of Chancery, both by practice and president,: with the fees thereunto belonging, and all speciall orders in extraordinary cases, which are to be found in the registers office as they are quoated by tearmes yeares & bookes. Collected by that famous lawyer William Tothill Esq; late one of the 6 clearks. And since reveiwed [sic] by Sir Ro: Holborne, bencher of Lincolns-Inne.

Orders. [ 106]

* 1.1 Tamworth contra Tamworth, the rent suspended by an Entrie, and in Equitie, or∣dered to be paid about 30. or 31. Eliz.

Price contra Lloyd, about 16. Iac.

About 2. Car. Carew & Gill, a Fine in∣grossed before (Quid Juris clamat) and yet was stayd about the same time.

Hallitey contra _____ _____ in 2. Car.

The Defendant hath pleaded Non est fa∣ctum at law to a Bond of 400 pounds for payment of fourscore pounds▪ which passed for the Defendant, the Plaintiffe surmises, that after tryall the Defendant promised payment of the eighty pounds, and the mat∣ter was reteyned, but the order for it was not entred, but it is in my note of 35. Eliz. 18. Maii, Sutton contra Sutton.

Welbie contra Ap-Rice, the Court doth order, that the Plaintiffe and Defendant shall be examined for discoverie after or be∣fore hearing, in Mait 37. & 38. Eliz. fo. 176.

Mascall contra Shelley, it was ordered, that the Defendant should pay unto one Mathew, money, who died before payment, yet the Defendant should pay it to his Exe∣cutors according to the former Order. 11. & 12. Eliz. fo. 176.

Major & Iürats de Feversham contra

Dominam Amcoats, the Defendant orde∣red (being tenant for life) to be examined for making known, to whom the Reversion of the Lands in question were to passe, which if she refuse, then the parties to proceed in suit, notwithstanding her present estate, in 11. & 12. Eliz. fo. 292.

Wilkinson contra Deane, Mich. 2. Car. li. B. fo. 88. the Court ordered and decreed, that the Defendant should perfect the Assu∣rance intended in a paper draught, being that she refused, in 12. & 13. Eliz. li. A. fo. 55.

Inter Sherwood & Corbin, & Tomlin∣son contra Golding. 11. Jac. li, A. fo. 672. or 762. & Shapcot contra Dowrish, Trin. 17. Jac.

Errington contra Fenwick, the Defen∣dant Ordered to pay a rent-charge to the Plaintiffe, 8. Nov. in 7. Jac. but because the lands out of which the Annuity issued, was in Infants hands, could nor ought to pay it, in Mich. 9. Iac. li. A. fo. 214.

Austen contra Cheney, (a third person interessed, but no partie to the Bill) prose∣cuteth suit at law for the matter in questi∣on, ordered to be made a partie to that Bill, and suits to stay in the mean time, Trin. 16. Iac. li. B. fo.

Fisher contra Grivell, the Defendant

ordered to passe lands, after time of demand past, 4. Jac. li. B. fo. 90.

Mullins contra Southked, an Order a∣gainst an Infant, and when he came to Age, ordered to performe it, Trin. 27. Ja••.

Wadham contra M••gg, the heire orde∣red to performe a Decree made against him in his minoritie, in 37. Eliz. li. A. fo. 489. there is another in 2. Car.

Lupton contra Harman, an Order to stay the money in the Sheriffs hands, and to be redelivered out of the Defendants hands, Pasch. 16. Jac. li. B. fo. 869.

Edmunds contra Edmunds, the Defen∣dant would have the Cause dismist, because it concernes the probate of a Will, but in respect the Will was made to the dis-inheri∣son of the Plaintiffe of lands, aswell as of goods, it is ordered to be examined here in 12. Iac. li. B. fo. 404.

Perriman contra Speccott, Hill. or Mich. 6, Car.

Manning contra Freake, because the matter is of a penall and criminall nature, allowed for good, Mich. 15. Car.

Holme contra A••loff, a forma pauperis for scandall to pay Costs, 6. Car. li. B.

Higham contra Ladd, died before livery and seisin, and before assurance perfected, ordered to be perfected, Pasch. 7. Car.

Allen contra Elborough, ordered to stay execution upon an Action of the case, 13. Car.

Haddon a man ordered to procure his Wife to levy a Fine, and to enter into a new Bond of 500 pounds, because the old Bond was worth nothing, upon the mistaking of the writer, 10. Iac. li. B. fo. 101.

Bayliff contra Longworth, in the Dut∣chie Court a note under the Plaintiffs hand, Ordered against an occupant, in 15. Iac.

* 1.2 Harcourt contra Roberts, a dumb man, Ordered to Answer upon Interrogatories by Mr. Colchester, in 14. Car.

Taylor contra H••oe, the Defendant would not admit the Plaintiffe to his Cop∣pihold, for that the Plaintiff committed a Forfeiture in cutting down woods upon the Coppyhold, the Defendant Ordered to ad∣mit the Plaintiffe, Tenant for that the De∣fendant could not prove, that the same was done by the Plaintiffs directions, but by a Tenant in 25. Eliz. li. B. fo. 78.

* 1.3 Pears contra Trelawney, A tryall upon a Quare Impedit, upon point of Simony, which is pro hac vice, the Defendant grants away the next avoydance, the Plaintiffe comming upon the Kings title, desires to stay multiplicity of suits,* 1.4 and to have a set∣tlement according to the first tryall, Orde∣red

that there shall be no new tryall, in Mich. 15. Car.

Cobb contra Cobb, the meaning of a Will, Ordered to be performed contrary to the generall words in a Feoffement, in 36. Eliz.

Notes

• * 1.1

  Order. One hol∣pen in E∣quitie to that wher∣of he was in law barred by his own act.
• * 1.2

  A dumb man to answer.
• * 1.3

  Finches first Pre∣sident he made.
• * 1.4

  Quare im∣pedit.