case John ware appellant edmund duke OF Buckingham and other respondent that  may Mews dig way viii cite in nutbrown v Thornton Ves a bring a bill against b  for a specific performance of covenant in a lease and particular a covenant to  leave a certain quantity of alum upon the premise at the end of the term the  defendant by his answer insist that this covenant be not intend to be perform  but at the hear produce a paper purport to be a receipt from the lessor for  this particular quantity of alum the court be of opinion that no regard ought  to he have to this paper not only because it have a suspicious appearance in  itself but because it be not insist upon in any of the plead and therefore  decree a delivery of the alum John duke of Buckinghamshire be seize of a  estate in tail male in the manor of Mulgrave and diverse other manor land  tenement and hereditament and several brown er p alum i or alum work with  their appurtenance in the county of York by article date the that of February  agree to demise to William ware the appellant father and the brown appellant  the say estate and alum i for the term of eight year and a half from ladyday  under the yearly rend of pound in money and tun of alum at the prince therein  mention and he also agree to bargain and sell to the say William ware and the  appellant all his stock of alum with the material and utensil for make of alum  then remain in and upon the say alum work and premise and that a schedule  shall be take thereof and annex to the intend lease and the lessee agree at  the end of the lease to leave and deliver up to the duke his heir or assign as  large and good a stock of alum etcetera on the premise as shall be mention in  the say schedule and that they will likewise execute a bill of sale thereof  gratis to the duke and his heir accord a schedule be soon after take and date  the that of march of all the alum etcetera on the premise and deliver to the  say William ware and pursuant to the article the duke execute a lease of the  premise to he and the appellant and Joshua ware his brother for the say term  of eight year and a half under the say yearly rend and covenant and the say  schedule be annex to the lease about two year afterward the appellant persuade  the duke to accept of a surrender of that lease and grant they a long term and  thereupon the duke by indenture date the d of march demise to the say lessee  the estate alum i work etcetera from ladyday for year under the like yearly  rend in money and alum and he do thereby bargain and sell to the lessee all  the stock of alum coal kilp lead iron I burn and unburnt fat furnace copper  cool tool utensil store implement and thing belong to the duke which then or  on the that of march be or at any time since have be remain in and about the  say alum work and other the premise with a exception in these word videlicet  except all or any quantity of rock or I at present lie in any storehouse there  quite finish and make into alum fit to be sell or ship away which say stock  and premise except as before thereby sell be express and set forth in a  schedule or inventory thereunto annex and the lessee on their part among  diverse other covenant do covenant to deliver up to the duke his heir and  assign the alum work and premise in good condition at the end of the term and  to deliver up as large and as good a stock of alum make and material utensil  and thing in and upon the alum work as be mention in the schedule to the say  lease annex and to execute a bill of sale gratis to the duke and his heir for  his and their benefit the interest in this lease be afterward vest sole in the  appellant but that the duke may be certain at the brown expiration of the  second lease of have all the particular comprise in the schedule deliver up to  he the same schedule take the that of march be annex to the second lease make  the d of march and accord to that lease and by virtue thereof the lessee  continue in the possession of the premise and of the stock of alum utensil and  other thing mention in the say schedule and be constant in the possession  thereof till the expiration of the say second lease the duke have for several  year entrust and employ the appellant in considerable transaction for great  sum of money and in the year he desire a account may be settle between they  the appellant have accord make up his account there appear in one article a  gross error relate to a sum of pound to clear which the duke appoint a day to  have the appellant book inspect but on that day the appellant pretend that all  his book of account and several receipt from the duke relate to the payment of  several sum of money have be just before steal out of his count house whereas  the duke deny that he have receive any of the sum which the appellant pretend  to have pay and thereupon bring his bill in chancery against the appellant to  compel he to come to a fair account to accommodate which suit the appellant  propose to pay the duke pound and although there be at that time very large  sum due to the duke yet to get rid of the appellant and to be release of  certain agreement of copartnership which have be make about five year before  and be then subsist the duke agree to take that sum and a release of the  copartnership and general release be accord execute of all matter between they  except the lease of the estate and alum work among many other particular in  the schedule annex to that lease be a item brown er p in the word and figure  follow videlicet tun and a quarter of alum in several storehouse at pound and  a half to the hundred weight and at the bottom of the say schedule a  memorandum be make that the that of march possession of the premise and  utensil with the stock of alum be give to and accept by the say William ware  on the that of February the duke die leave the respondent the duke his son and  heir of very tender year and have make his will and appoint the other  respondent his executor and trustee and upon his death the premise in lease to  ware descend to the infant duke the second lease be near expire and the  appellant have in many instance break several of the covenant particular by  have entire neglect one of the alum i and total demolish it and have cut down  and destroy great quantity of timber tree and lop and top diverse other and  threaten to commit other waste and strip the brown estate of all the underwood  and pull down the several house that be build upon the premise and the  appellant make no provision to deliver up his stock of alum utensil implement  and other thing at the end of the lease particular the tun and a quarter of  alum mention in the say schedule or to perform the other covenant and  agreement the respondent the executor and trustee and the appellant have in  the beginning of the year several meeting in order to persuade the appellant  to do justice to the infant duke and to perform all the covenant and agreement  in the lease accord to the true intention of it but the respondent perceive  their endeavour will be fruitless and that the appellant intention be to evade  come to any final determination that so the lease may be expire before he do  any thing they therefore think themselves bind in duty to bring a bill and one  be accord bring in the court of chancery in the infant duke name and their own  against the appellant for a specific performance of the covenant in the lease  and in such bill the demand of have the tun and a quarter of alum deliver to  the respondent be particular make and insist on the appellant in his first  answer admit the make of the last lease and the schedule and that the lessee  possess the stock of alum and other thing mention in the schedule annex to the  say lease except as after mention and that they have be in possession and  enjoyment of the demise premise ever since the make the lease that the  schedule to the second lease be the same as the schedule annex to the first  lease he also admit that the term of the lease he at the expiration of the  term be oblige to deliver up to the duke and his heir the stock of alum and  other thing in the lease and schedule thereto annex mention and all house  edifice and building belong to the premise but in relation to the tun and a  quarter of alum he conceive that the same quantity of alum ought not to be  leave upon the premise for the benefit of the respondent at the end of the  term for that it be the apparent intent purport and true meaning of the lease  that the lessee shall leave surrender and yield up to the duke and his heir as  large and good a stock of alum make coal kilp and other thing as the late duke  do bargain and sell by the lease to the lessee and he insist that by virtue of  the exception of the lease the quantity of tun and a quarter of alum be  exceptioned and reserve out of the grant bargain and sale thereby make to the  lessee of all the stock of alum coal and other thing on the d of march the  cause be hear before sir Jeffrey Gilbert and sir Robert Raymond two of the  lord commissioner for the custody of the great seal when the appellant depart  from what he have insist on in his answer videlicet that by brown the  construction of the lease the tun and a quarter of alum be not at all to be  deliver and to the respondent very great surprise start up a pretence that by  a paper which he then prove only as a exhibit it appear that a great quantity  of alum have be former deliver to the duke and that these tun and a quarter be  part thereof so that the late duke have many year ago receive this quantity of  alum which be to be deliver only at the expiration of the lease but the court  upon inspect this paper and observe the same to be raze in several place and  the appellant not have insist thereon or on the delivery of the alum in any of  the plead which if true be impossible to have be forget but on the contrary  insist that it never be intend to be deliver brown er p be of opinion that no  regard ought to he have to the say paper and therefore it be order and decree  that the appellant shall at the expiration of the lease leave upon the premise  tun and five hundred of alum ready make and quite finish at lb to the weight  together with such other stock of alum make coal kilp I burn and unburnt fat  furnace copper cool lead iron and other utensil store implement and thing as  be mention in the schedule to the say lease annex and if any of they be not  remain in specie that he shall leave other as good in the room thereof and  shall execute a bill of sale to the respondent accord to his covenant in the  lease and that the appellant shall at the expiration of the lease leave the  premise in good order and deliver quiet and peaceable possession thereof to Mr  George Priswick name receiver to the infant duke and shall at the same time  deliver to he in specie the say tun and one quarter of alum together with the  other thing as aforesaid after pronounce this decree and notwithstanding the  appellant by his clerk in court have join in a petition to bring the cause on  and attend the hear thereof in person he inform the register of the court and  the respondent solicitor that he will and do insist on his privilege as a  member of the house of Commons and thereupon lest the lease shall expire  before the appellant can be oblige to perform the covenant a petition be  prefer to the house of Commons and by a order of that house it be resolve no  one to speak against that the appellant have waive his privilege and shall not  resume the same he therefore appeal from the decree insist I will W lee that  all alum in any storehouse quite finish be except out of the second lease and  reserve to the duke and that the tun pound of alum mention in the schedule to  be in storehouse appear to be alum quite finish as well from the proof in the  cause as from the adjudication in the decree whereby the appellant be decree  to deliver that quantity of alum quite finish that the late duke at the time  of make the second lease have no other alum quite finish but the tun pound  that it appear by the evidence in the cause that these tun brown pound of alum  be pursuant to the agreement deliver to the duke or his agent upon or very  soon after the make of the second lease and therefore it can not be the  intention of the party that the appellant shall at the end of the term leave  more stock upon the premise than he find thereon when he enter that the  covenant to redeliver at the expiration of the second lease all alum make  etcetera may be very well satisfy without admit the construction which the  respondent endeavour to put upon it for that construction be not only contrary  to the plain intention of the party but inconsistent with the tenor of the  other part of the lease that on the saint of march which be only six day after  the commencement of the second lease the lessee deliver at the scale to the  use of the duke tun and a half of alum which be certify by Ambrose Newton in  the word follow videlicet Sandsend April these be to certify the most noble  the duke of Buckingham and his grace agent that since the tun I certify to be  weigh and remain in the several warehouse in Sandsend there be tun and a half  more be in all tun and a half of alum rest the saint day of march last in the  several warehouse at Sandsend of which as it be weigh a account be take by I  Ambrose Newton and on the back of this certificate the duke give a order to  the appellant in the follow word videlicet Mr John ware I hereby order you to  charge the quantity of six hundred and sixty tun and one quarter of alum to my  account part of the quantity here mention in this certificate and out of the  money arise by the sale of alum in your hand pay to Mr William ware and  yourself pound for every tun accord to agreement and for your so do this shall  be your discharge April Buckingham by which certificate and order endorse  thereon it appear that the tun pound of alum in the storehouse quite finish  which have be receive by the lessee upon the first lease be redeliver but  shall it be object that this certificate and order be not insist on by the  appellant in his answer it be true they be not because he do not discover the  order till after his answer be put in nor even till after the commission for  the examination of witness be execute on the other side it be contend c Wearg  c Talbot that the decree be just and ought to be affirm it be admit that the  appellant and his partner do brown er p so long ago as as appear by the  schedule receive the tun and a quarter of the late duke alum and as they for  so many year have the benefit and produce thereof and the interest of the  money for which the same be sell it be but reasonable that the appellant shall  return the like quantity of alum accord to his express agreement it be also  admit that the respondent be entitle to have all the other particular mention  in the schedule deliver to they and there be no pretence to separate or brown  distinguish this item of alum from the rest of the article it ought therefore  to be deliver but the value of it be much great than the rest make the  appellant more desirous to entangle and perplex it that there be no evidence  nor even the least foundation to imagine that the late duke ever agree that  this quantity of alum shall be except out of the new lease or that he shall  have the same immediate deliver to he and the pretence that the reason why the  schedule to the first lease be annex to the second be only to avoid the  trouble and expense of make a new schedule be a vain and frivolous imagination  since if the same be true and if the tun and a quarter of alum be deliver or  intend to be deliver to the duke at the execution of the second lease this  article be great in value than all the rest may either have be strike out of  the schedule or any agreement relative thereto may have be plain express in  the second lease itself after hear counsel on this appeal it be order and  adjudge that the same shall be dismiss and the decree therein complain of  affirm and that the appellant shall pay or cause to be pay to the respondent  the sum of pound for their cost in respect of the say appeal and it be further  order that all the write evidence produce at the bar by the appellant and  particular a paper purport to be a certificate or order of the late duke of  Buckinghamshire and Normandy shall be deliver over by the clerk assistant to  the resister of the court of chancery and the house observe many razures and  other violent suspicion of forgery in the say paper it be further order that  his majesty attorney general shall prosecute the appellant for the same in  such manner as he shall think fit and that the paper and write above order to  be deliver over into the court of chancery shall remain there to be make use  of in the say prosecution in such manner as the attorney general shall think  fit and that in the mean time each party their agent and solicitor shall have  liberty to resort to and peruse the same in the custody of the say register By  a manuscript note upon this case in Mr Bicknells collection it appear that the  appellant be accord try for this forgery and be convict stand in the pillory  before the gate of Westminster hall jour vol p