case coker versus farewell Lord chancellor king master the roll Eq can ab pl I  swan n a witness examine at a former trial of a issue betwixt the same party  and who have be examine in the cause in case he die not only his deposition  may be read but what he swear at the former trial may be give in evidence on  the hear of this cause the Lord chancellor direct a issue to be try at the  then next assize at Dorchester whether by the general word of the deed in  question the land in question be intend to pass whereupon at the trial and  which be by a special jury a verdict pass for the plaintiff but upon a motion  for a new trial it be send by the Lord chancellor to the judge to certify  whether this be proper to be try against Mr justice price do certify that  evidence be give on both side and that he shall have think this case proper to  be try again but that one of the witness examine for the plaintiff be since  dead by mean whereof the plaintiff may suffer on such new trial and that  therefore he rather incline against any new trial after which certificate  there be another motion for a new trial and the master of the roll be present  in court and his lordship desire his think on this matter his honour say the  only objection to the new trial appear to be the death peer William of the  witness and though it have be say that the weight of a live witness will be  great than deposition yet it be his opinion that since this witness have be  examine in the cause and be dead the deposition may be read also as the  testimony which the witness have give at the former trial may be give again in  evidence against the same party he shall rather think that the other side have  suffer by the death of the witness since they have thereby lose the advantage  of crossexamine and the court order a new trial to he have at the bar of the  common plea where after a very long evidence on both side the jury find a  verdict for the defendant which be contrary to the former verdict and now a  trial be again move for upon which it be send back to the judge of c b to know  whether this cause be proper to be try again the chief justice acquaint the  Lord chancellor that there have be very strong evidence give on peer William  er p each side insomuch that he can not have blame the verdict on which side  soever it have be give and that he can not say this verdict be against  evidence afterward another application be make for a new trial when it be  insist that this matter relate to a inheritance it will be very hard to have  the right determine by one trial though at bar and diverse case be cite where  new trial be grant after a trial at bar see the case of Leighton v Leighton  vol and this ought the rather to be do in the present case where there have be  verdict against verdict and consequent the matter seem to be leave at large  but the chancellor and the master of the roll deny a new trial say otherwise  there will be no end of suit that a peer William trial at bar where more time  may be allow and the party be put to more expense be of great weight than one  by nisi prius that the intent of the court in send the cause to be try at bar  be that it may be final but this case be the strong as the issue to be try  relate only to the intention of the party and not any legal title which  question may have be determine at the hear without ever send it to a trial and  here be a trial at bar this may just claim a preference to a trial by nisi  prius and be sufficient to satisfy the conscience of the court but that still  if the party against who the decree be think he have a legal title the court  do not debar he of that Reg lib a fol by the name of farewell v Coker pike v  crouch Lord raym Lord Palmerstons case cite in king v Jolliffe t r mayor of  Doncaster v day taunt