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Chancery Decrees and Orders (PRO C33/98 'B' book)

20.12.1598 (Friday 20 December 1598)

document 18200146

Edw earl of Oxford plaintiff Roger Harlakenden esq defendant whereas mr Thos Harris came this day before the lord keeper and informed his lordship on the defendant's part that the plaintiff had liberty by a late order made in this court between the said parties to exhibit a bill against the defendant touching a supposed promise wherewith the defendant was charged for reassuring unto the plaintiff of certain lands which the defendants bought of him and hereupon to examine witnesses upon such interrogatories as mr Tyndall one of the masters of this court should think mete the plaintiff first delivering in the names of the same witnesses to the end the defendants might examine them also if he would and yet the plaintiff having exchanged four witnesses the same witnesses departed away the next morning after their examination so as the defendants could not have them examined also wherefore the said mr Harris now desired that the defendant might have liberty to examine witnesses likewise touching the said promise setting down the names of the witnesses to the plaintiff's attorney to the end that he may examine them also if he will and that he may also have a subpoena to call in those witnesses which departed the next morning after their examination to the end that they may now likewise be examined on the defendant's part it is thereupon ordered by his lordship the plaintiff's attorney having notice thereof that if the plaintiff shall not at the next seale show unto this court good cause to the contrary then the defendant shall and may be also at liberty to examine witnesses touching the same premise upon such interrogatories as the said mr Tyndall shall think mete according to the former order he the said defendant first delivering in the names of the same witnesses before they be so examined and it is also ordered by his lordship that the defendants may take a subpoena to examine those witnesses already examined on the plaintiff's part if that the same witnesses departed within the space of two days after their examination otherwise not whereunto mr Phillips being of the plaintiff's counsel and part of this motion assented