case shirley versus Ferrars at the chancellor house Lord chancellor S c p wms  the plaintiff may examine a person de bene be though neither old or infirm or  go abroad upon affidavit of his be the only person who have any knowledge of  the forgery of a deed or other material fact for otherwise if he die before he  be examine in chief the proof of the fact be go cur cane prax cane pract Reg  in cane vern on the hear of this cause a issue be direct to try the validity  of a deed and Mr Laurence Shirley have send a person to view it in the hand of  the master he find the deed to be all of his own handwriting which he have  copy from another by the command of Washington earl Ferrars and that the name  of the party and of the witness and old label and seal be since put and affix  to it and consequent that this can not be a deed execute by Robert earl of  Ferrars the father of Washington as be pretend upon this discovery the  plaintiff file a supplemental bill and the defendant have pray a month time to  answer move to examine this person de bene be Lord chancellor in the court of  exchequer if the defendant pray time to answer they suffer the plaintiff to  examine de bene be to a modus and other matter which lie in the knowledge of  several people this examination be common grant by this court on affidavit of  the great age or sickness of the witness or that he be go abroad but the  affidavit in this case be not of that nature but that this be a fact which lie  only in the breast of this single person if he die before the trial or be  examine in chief the proof of the fact be lose so let the motion stand over to  the next seal to see if the defendant will consent to put in their answer in a  fortnight and go to mosely report commission this vacation and let the  plaintiff make affidavit that they can prove this fact by any other person and  see if they can find any instance of such a order though if the defendant will  not agree to this proposal I will grant a commission ex debt is owed Justitice  if there be no precedent and though I do not think the defendant have affect  any delay but that they be entitle of common right to a month time to answer  mosely report er p Friday July the that appeal and REHEARINGS