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.

[ 48] Decree.

IN the Judgement Roll of 36.37. and 38. H. 8. there is a Decree to be seen to the ••o effect hereafter mentioned, where Daniel and the rest of the Inhabitants of Crud∣worth, in the County of Warwick, exhibi∣bited a Bill against Thomas Arderne for ti∣tle of Common, and to have certaine inclo∣sed lands open. It was decreed that Ardern and his heires should hold the same lands so inclosed, discharged of the Common, be∣cause it seemed that the Inhabitants had Common enough besides, and that the lay∣ing open the lands called Martinmas Leyse, would be a great decay of Husbandry, Ro∣tul' Iudicial' Ed. 6.2. pars, there is a De∣cree between Dudley and his Wife, pretend∣ing to be Executors of one Morgan, who supposeth himselfe to be Administrator to that Morgan, And because the Plaintiffe had not sufficiently proved such Will, and for that the Defendant sued forth his Let∣ters of Administration, therefore all the goods of the Intestate were decreed to the Defendant, allowing Debts, Legacies, and Funerall charges.

A Decree betweene Tur••on and Cooke Plaintiffs, and Goddard, Defendant, where∣by it appeares that the controversie was

touching the Messuages or Farme houses, and three hundred Acres of land in Haugh∣ton, in the County of Southamton, which the Plaintiffe supposed to have been Demi∣sed to Robert Tanner, and which the De∣fendant claimes as Executor unto Thomas Goddard, and that because the Plaintiffs proved not the contents of their Bill, and the Defendant made proofe of his Answer, therefore the premisses and the Lease therof made to the Defendants Testator, were de∣creed to the Defendant against the Plain∣tiffe, and that the Defendant after Midsom∣mer then next, should enter and hold the premisses (without En•••••••• to be made by the Plaintiffe) till hee should recover the same by Action at the common Laws and furthermore it was ordered that the Defen∣dant should be dismissed.

The like Decree in the same Roll between 〈◊〉〈◊〉 Plaintiffe and Gittins Defendant, whereby it appears, that the Plaintiffe had purchased certain lands of the Kings, where∣of he supposed Iohn Brown Clerk (to whom the Plaintiffe was Executor) had an Ab∣bots Lease, and the Defendant pretended that the two Messuages and one Yard land, was letten unto him by Lease under Cove∣nant and Seale for fourscore and one yeares, and traversed the Plaintiffs title and the

Plaintiffe proved not his Bill, and therefore the premises were decreed to the Defendant according to his Lease, for all the years then to come therein, and the Plaintiffe adjudged to pay him sixteen shillings eight pence.

Note that it is decreed to him without any quousq that it should be recove∣red at law and without any liberty, to shew better matter in this Court.

The like Decree in that Roll, between William Messinger Quer', and the Major and Burgesses of Gloucester, touching di∣vers Mannors; Forasmuch as upon the hea∣ring of the matter, the Defendant shewed a Tripartite Feoffement of the premisses, from John Cooke to the Major and Burges∣ses, to the use of a Free-schoole and other purposes, And because the Plaintiffe proved not the matter of his Bill and Replication, therefore the said Mannors and lands. &c. were decreed to the Defendants and their Successors, to their uses, and that the Plain∣tiffe should by Christmas next deliver them all the Evidences concerning the same.

The like Decree in that Roll between Thomas Stowell and Anthony Capps, reci∣ting, that where the Lord William Pawlet, Lord President of the Councell, and Lord Keeper of the great Seale, 22 Oct. Anno 5. Eliz. 6. because the Plaintiffe had not pro∣ved

his title to the Mannors, &c. decreed the said Mannors to the Defendant and his heires till the Plaintiffe should recover the same at the Common Law, and that the Defendant should also have the Arrerages, and twenty shillings costs; The Plaintiffe being grieved with that Decree, and exhibi∣ting a new Bill to the Lord Rich, having at the Plaintiffs instance heard the Cause, and given divers dayes to the Plaintiffe, to shew what he could to reverse that Decree, did afterwards, because no just cause was shew∣ed, to frustrate or alter that Decree, dismisse the Defendant.

Also a like Decree in that Roll, between Richard Lewknor, and Dame Elizabeth his Wife Plaintiffes, and Robert Barwick De∣fendant, because the Plaintiffs proved not the matter of their Bill and Replication, and because the Defendant proved a Lease to be made to him six yeares since of the Farme of Elleston, by one Sir Roger Lewk∣nor, therefore the Defendant was dismissed. And it was further by the Authority afore∣said decreed, that the Defendant should en∣joy his Lease, without interruption of the Plaintiffs, or either of them, and the Plain∣tiffs should pay him forty shillings Costs.

A Decree between Fotheringall and Ed∣sington Defendant, the question was touch∣ing

certain lands which the Plaintiffe clai∣med by Lease, and which the Defendant claimed as Copihold; And forasmuch as he failed in the proofe, and the Defendant shewed his Copy and antient Court Rolls, proving it to be antient Coppihold, there∣fore the lands were decreed to the Defendant according to his Copy, against the Plaintiffe his Executors and Assignes, till the Plain∣tiffe should prove a better title before the Councell at Yorke, and yet if the Plaintiffe did trouble the Defendant or his Wife at Yorke, or any other the Kings Courts, then hee should pay five pounds Costs, and the Defendant was then dismissed with twenty shillings Costs presently.

Another Decree in the same Roll be∣tween Gervas and Gawen, to the same effect aforesaid.

The like decree in the same Roll between Westwood and Westwood.

A Decree between ap-Edward, and Tre∣vor, whereby it appeares that the Plaintiffe having first a Decree by default, did coun∣ter feit an absolute Decree, and put the Lord Chancellours name to it, and therefore it was then ordered that the Defendant and his Assignees should enjoy the lands, and take the profits thereof against the Plain∣tiffe and his heires, till hee or they should

prove a better title in this Court.

Brocas contra Savage, a Decree made for the Defendant, notwithstanding it was alleaged by the Plaintiffe in respect the possession of the premisses was in question, in 31. Eliz. li. B. fo. 295.

A Decree against the Lessee and all claim∣ing under him, he surrenders to him in Re∣version, and he was adjudged to be bound by the Decree for so long time as the Lease should have endured.

Chapman contra. Bissow, 23. & 24. Eliz. The Tenant in possession wasted the houses because dispunishable, by reason of a meane Estate for life, yet decreed that he should re∣paire two parts in Judgement Roll, Edw. 6. Vaneerant & Eyre.

Strelley contra Throckmorton, & Foli∣amb, & Fitzwilliams, Two parts of Judge∣ment Roll, Edw. 6. and Woodley & Read.

Goodman contra Kinnerley, Jennings con∣tra Blunt, Re••d contra Rawlins, Nicholas Scot in the second part of Judgement Roll, H. 8. and in the same Roll two Decrees for divorses. Terrell and his Wife, Jeffery and Jenny.

• Moore & Taylor 29. Eliz.
• Some & Poyntell 26. Eliz.
• Hoskins & Perry 26. Eliz.

A Decree made for an Heire at the Com∣mon

law against certain Feoffees, who had lands conveyed unto them to maintaine Schollers, who should use holy Orders, Crofts & Evetts, Mich. 3. Jac. Another 4. Jac. Witering contra Peshall, 18. Jac.

A Decree made to relieve one which had double taken from him (as a concealer) by vertue of the statute of Bankrupts, upon indirect dealing by Commissioners, in the execution of the Commission, Wood contra Hayes. 4. Jac.

Allen con' Edwards, 2. Jac. Et Edwards, Smith & Wood contra _____ _____ in 8. Jac.

The Court decrees that the Husband and Wife shall make, seale and deliver, or suffer livery of a Lease of the lands to bee made to the Plaintiffe by the said Husband and his Wife. Hungerford contra Hutton, 12. Eliz. li. A. fo. 91.

Dom' Culpepper contra Parslow, the Court decrees the thing promised, and the Hus∣band is bound by the wives promise. The question is, whether the Wife was married at the time of the promise made or not, Mich. Jac. li. A. fo. 138.

Frankland contra Graie, the Plaintiffe bought land of the Defendant, which the Defendant had conveyed before, to the use of himselfe, his Wife and Son; It was de∣creed that the Plaintiffe should have the

land against all, in 13. & 14. Eliz. li. B. fo. 81. The Defendant refused, a Writ of Ex∣ecution went out, and hee could not be found, served upon his Wife who refused, all Processe of contempt went out against him, in lib. eod. fo. 159.264.350. Where∣upon in respect he could not be found a Commission was directed to take possession of the said lands, and the Tenants to pay their rents to the Plaintiffe, or else Attach∣ments to be awarded against them.

Bull contra Huddleton, Decree without a Bill in Mich. 9. Jac. li. B. fo. 27. or there∣abouts.

West contra West, and a Sequestration, 12. Car.

Harris contra Smith, a Decree resigne a Benefice, in Mich'. 8. Car.

Reyner contra Reyner, in Mich. 22. Jac. Dom. Effingham contra

Decree without proofe for quieting of pos∣session.

Denis contra Carew, in 16. Jac. An In∣junction or Decree here without any proofe to quiet possession had at law, and to avoyd Multiplicity of suits, in 3. vel. 4. Jac.

Durham contra Dearing, 4. vel. 5. Jac.

Sawyer contra Pomery, li. B. fo. 786. in libro novo.

Standen contra Bullock, 41. Eliz. li. B. fo. 284.

Manwaring contra Peck, A Decree for establishing of a Lease which is supposed to be voyd, and against a statute law, being Priors land, in 11. Iac. li. A. fo. 342.

Francis contra in••vace, the Court doth decree and confirme the Decree in the Court of Requests, without any proofes of the sub∣stance of the matter, notwithstanding the Prohibition out of the Court of Common Pleas, or Kings Bench, li. B. 9. Iac. fo. 277.

Decanus Windsor contra Kinnersley, the point being parcell or no parcell, Decreed and being uncertain, the lands lying inter∣mixt, ordered to be set out, notwithstanding the Defendant by generall words in a Bar∣gain and sale, have enjoyed the same long, yet ordered in Michaelmas 9. Iac. li. A. fo. 321.

Decanus Windsor contra Bouliant, the like in Mich. 8. Jac. li. A. fo. 390.

Sincton contra Greeno, upon point of Re∣putation, in Nov. 7. Iac. Decreed in Pasch. 9. Car.

Eland contra Wright, a Decree upon one Witnesse appeareth by a Judges Certificate, in Hillar. 9. Car. vel Iac. or Pasc. following.

Swan contra Atkins, A Decree upon one Witnesse which proves his Pedigree, from whence he claimes, in 16. & 17. Eliz. li. A. fo. 213.

Fawkner contra Winchcombe, in Pasch. 10. Iac. vel Car. li. B. fo. 788.

Hunt contra Cheeseman, a Decree made upon a verball promise in Pasoh. 10. Jac. vel Car. li. B. fo. 813.

A Decree pronounced in the Testators life∣time, not to be passed under Seale by the Executor. Ewer contra Frere, Pasch. 1634.

Dominus Peter contra Elimozinarius de Westm. A Decree to avoyd a Decree made according to the statute of 43. Eliz. in Trin. 3. Jac. li. B.

This cause was, where the lands came into the Kings hand, but not by the Statute of Chantries, and the King being so seized de facto & non jure, grants these lands to a common person, whether the grant be good yea or no in Equitie.

Noxon contra Browning, in 3. Iac. li. B. fo. 515. and afterwards if there be a Decree made in this Court, upon the Decree of the Commissioners upon the statute, as shall not be maintainable by the said statute, fo. 864.

Pauteres de Trinbury contra Chapman, in Mich. or Hillar. 4. or 5. Car.

Ewderby contra Huddleston, examined a Decree in the Court of Requests in October 9. Jac.

Kitson contra Cropley, May 37. Eliz. A

Decree to prohibit a man from sowing of Ridges which lye in Sheepcourse in May, 37. Eliz.

Iervace contra Bullen, 12. Jac.

Villa de Yarmouth contra Decanunt Norwich, a Decree to prohibit a Parson 0118 0683 V 3 from Preaching, and the Town to pay Costs, in Hill. 5. Car.

Holme contra Wild, the Defendant en∣tred into a Bond to leave his Fellowship, and after takes away his Bond, the Court doth displace him, and decreed him to leave it, Pasch. 15. Car.

Shipwa••e contra Pilkington, concerning the decreeing of By-lawes for the good of a Town, a Decree in 5. Car. and a Decree in 25. Eliz.

Dodford contra Sessions, the contrary in 14. Car.

King contra Burrell, a Decree in the Court of Requests upon a verball promise, a Prohibition thereupon, this Court con∣firmes that Decree, because the Plaintiffe is antient Tenant, and been at costs in build∣ing. Hill. 2. Car.

Episcopus Dunelmen' contra Martin, a Decree reverst though no new matter, in Trin. 5. Car. the case upon which the De∣cree was mistaken, and notwithstanding his translation, sues as for the right of the Bishop of Oxon'.

Comes Devon contra Leake, some mista∣king in a Decree amended, &c. in Hill. 14 Car.

South contra Gardiner, Irons to be layd upon a man in the Fleet, because he will not performe a Decree in 6. Car. li. B.

Barker contra Shepheard. about 3. Car. Swan contra Turborvile, concerning a Patent of Concealment, Decreed, and other Patents, in Car. li. B.

Comes Pembroke contra Zouch, a Legacy decreed in Mich. 7. Car.

Monke contra Winch, decreed against an Infant, and one bound in 500 l to performe when he comes to age, Hill' 2. Car.

Portington contra Beamont, a Decree here, to confirme a Decree at Yorke, to pre∣vent Prohibition, Trin. 2. Car.

Lashbrooke contra Tiler, Almiony de∣creed here 8. Car.

Gresham contra Dee, & Dee contra Woodhouse in 4. Car. a man may affirme a Decree though not in possession.

Ma••or Norwich contra Decanum Nor∣wich, Decree for Precincts and parcells, 8. Car.

Wright contra Middleton, this Court ex∣amines a Decree made at Yorke, 8. Car.

Coventry contra Major London & West, 6. Car.

Paine contra Pattison, a Decree for Da∣mages for a Lessee for yeares, in Mich. 7. Car.

Hill contra Michell, Mich. 9. Car.

Richman contra Gislinhans, looke Justice Crookes Certificate, 9. Car.

Askwith contra Turner, the Court will not reverse a Decree made at Yorke, unlesse it was unduly obtained, or Erior therein, 9. Car.

Devisteed contra Englested, 38. Eliz. li. B. fo. 426. Notwithstanding a Decree in the Court of Requests, this Court referrs as∣well matters decreed there, as here, to Re∣ferrces, to cast up Accompt.

Farmour contra Trost, Tythes in kind decreed, notwithstanding a Decree in Lord Bacons time, 12. Car. and what is a Yard∣land, and how to set it out.

Episcopus Heref. contra Awbrey, Hill'. 14. Car.

Kenrick contra Temple, 15. Car.

Magister Trin. Coll. contra brooke, 12. Car.

Comitissa Cumbries contra Com' Cum∣brie, Birch trees are decreed to be Timber∣trees, in 8. Jac. fo. 349.

Sere & Eland contra Colley, the Plain∣tiffs being Creditors of Colley preferred their Bill against the Defendant, being all

Forreyners, but the goods were passed over into England, into Merchants hands by Col∣ley, and this Court taking notice in respect of the different computation of the Realm, First to be paid at the Feast of the three Kings heads secondly because the Bill was not sealed; Thirdly, because the debts grew in France, and he came over hither to keepe his body from Arrests the Court decreed the debts, and caused a Decree to be drawn up pro Confesso, because the Defendant would not answer, and Sequestred moneys in other mens hands to pay the debts, al∣though they were passed over to others to the use of an Infant, 8. Jac. li. A. fo. 1184.

Cooke contra Trewman, a Decree upon a verball Agreement, in Trin. 4. Jac.

Shires contra Burgaine, a Decree for Tythe Coneys and Wood, 12. Car.

Holme contra Fletcher, concerning a Legacie, in Mich. 2. Car.

Poole contra Co••well, Trin. 4. Car. the Father entred into Articles for land, the sonne no partie, yet having consented de∣creed.

Redman contra Torrell, for that the Plaintiffes Father did fully intend and re∣solve, that the Plaintiffe should have the Lease and did give the same accordingly, and that she at divers times declared, that

shee had given him the said Lease, and for that Christopher Torrell himselfe protested, as he was a Christian man, did promise that the Plaintiffe should, and for that the said Torrell did purpose to send to the Plaintiffe for some agreement, and made offer of 200 pounds for the said Lease, therefore decreed in 28. Eliz. fo. 682.

Wotton contra Wotton, a high way de∣creed in 10. Car.

Powell contra Parsons, a piece of ground sold, but no reservation of a high way, but decreed that a way should be continued as formerly, Mich. 3. Car.

Roberts contra Harccourts, a Decree in the Court of Wards decreed here, notwith∣standing the Decree there, Hill. 14. Car.

Attorac. Dom. Regis contra Episc. Oxon', a Bill here to unite a Parsonage to the Bi∣shops sea about 12. Car.

Dom. Scroope contra Lazenby, a Decree at Yorke being for lands, is adjudged to be coram non judice, Pasch. 2. Car.

Cromwell contra Carey, Mich. 7. Car. A Bill of Review, because the Decree was a∣gainst an Infant my Lords Declaration; It shall bind an Infant as well as at full Age.

Turner contra Williams, whether Plate doth passe by the name of goods, decreed to be goods, in Mich. 15 Car.

Pope contra Courtney, the Court decreeth that allowance shall be given to a daughter that was in Ventre samere primment enseint at the time of devise, although voyd in law, decreed in Mich. 3. Jac. li. A. fo. 306.

Notes

• Decree.
• Rotulo Ju∣dicial' 3. pars.
• Rotulo Ju∣dicial' E. 6 4. pars.
• Rotul' Ju∣dicial' Edw. 6.8. pars.
• He in re∣version comming in by sur∣render bound by Decree.
• After ver∣dicts in Kings Bench.
• For an heire touching lands con∣veyed by a Recu∣sant.
• Decree and Com∣mission.
• Without a Bill.
• To resign a Bene∣fice.
• A Without proofe for quieting of posses∣sion.
• For a lease supposed to be voyd &c.
• Confir∣mation of a Decree in the Court of Requests.
• Parcell or no parcell decred here.
• Vpon one witnesse.
• Vpon a verball promise.
• To avoyd a Decree.
• To pro∣hibit one from preach∣ing.
• For by lawes.
• In the Court of Requests confir∣med.
• Reverst though no new mat∣ter.
• Irons laid on a man in Fleet for not perform∣ing a De∣cree.
• Patent of conceale∣ment.
• Legacie decreed. Against an Infant.
• To con∣firme a Decree at Yorke.
• Almioney.
• After a Decree in London.
• For da∣mages.
• A suit re∣teyned here after a Decree in the Court of Requests.
• For tithes in kind.
• Birch trees, tim∣ber trees.
• And se∣questrati∣on in In∣fants hands, or to their use.
• For tithe Conies & Wood.
• An inten∣tion with a Decla∣ration supplyed.
• A high∣way de∣creed.
• In the Court of Wards over-ruled here.
• Against an Infant.
• Plate de∣cred to be goods
• A Portion decreed to a child in ventre sa∣mere.