case sir Randolph crew against george vernon a commission issue out of a court  of equity for the examination of witness be before will c S and Ann c S  determine Self facto by the demise of the king but the deposition take under  it without notice of such demise shall stand good and be publish more hale p c  hale p c perjury may be assign on a answer under a commission for the  examination of witness although after the commission have determine by the  demise of the king Com dig upon a petition exhibit by Roger down  vicechamberlain of Chester to the king he refer the consideration thereof to  the Lord keeper call to he any of the justice of the bench who thereupon call  justice Jones baron Denham justice Yelverton and myself the sole question be  whether a commission issue out of the court of Chester betwixt sir Randolph  crew late chief justice and George Vernon esquire now one of the baron of the  exchequer to examine witness in a case depend before the chamberlain of  Chester which be award in Hilary term James returnable in easter term follow  be well execute the commissioner begin the examination of their witness upon  the that march be Monday which be the day after the demise of king James and  continue in examination of diverse witness on both side until the Friday  follow at which day and not before have notice of the demise of the king they  surcease and return all what they have do upon a motion to the say court of  Chester for the suppress of those deposition croak car er p as examine without  warrant and before those who have not any authority it be agree by all that by  the demise of the king the commission be legal determine without any notice  yet the say Roger down upon view of precedent out of croak car the court of  ware where such deposition take in that court remain within two day after the  demise of the king and exception take for stay of publication resolve that  they shall stand and be publish and upon a certificate from the sixclerks in  the chancery that they conceive it may well be do order that for the more  legality of the proceed a new commission shall issue to the ancient and former  commissioner that they shall examine as many of the witness as be alive read  to they the former deposition and the interrogatory and if they affirm they  then they shall stand if otherwise they shall be suppress and such deposition  of those who be dead if any shall stand and that they shall examine any new  witness upon the same interrogatory but not upon other whereupon the say  George Vernon by petition complain to the king and accuse the say Roger down  of partiality and that the justice of assize join with the say Roger down in  make order in this cause and thereupon obtain another order under the king  hand to stay the former proceed afterward the say down exhibit a petition to  the king suggest that the former petition be scandalous to the court to the  justice and to himself whereupon this matter be refer to the examination of  the Lord keeper and the justice and upon the examination of both petition and  hear counsel on both part the Lord keeper and all the say justice resolve and  so certify the king that they conceive this order be just and great reason  that the deposition shall stand for although legal the commission be determine  by the demise of the king a yet the commissioner not have notice thereof and  have examine concern the same they hold that such witness be duly swear and  shall be allow especial in a court of equity where the proceed be jure  physical scientist and not accord to the strict course of law and they further  certify that no inconvenience can ensue upon such proceed before notice of the  king demise but if otherwise it will draw in question many trial by verdict of  nisi prius and trial and attainder upon gaoldeliveries whereupon diverse have  be arraign and execute since the kin S demise and before notice thereof a much  strong they hold that the examination of witness shall stand and they further  certify that they approve of the say course that the witness shall be call and  their former examination and interrogatory tender to such of they as be alive  and to inquire whether they approve of they and not to examine they de to make  new and of the direction to examine the new witness upon the same  interrogatory and not upon other for then inconvenience may ensue croak car  and last they humble desire that to rectify the credit of Mr down and the  proceed of the court his majesty will be please to revoke his order of  restraint and that this certificate now to be make may be send into the county  of Derby to be read there and that the proceed may be accord to the former  order yet forasmuch as the cause be weighty that upon the final hear and  determination thereof the court may be assist by the justice of assize of the  say county which be without prejudice to the reputation of any of they and so  it be certify accord upon this conference the lordkeeper propound this  question unto we if any witness examine upon such a illegal commission shall  be perjure whether they may be punish by the Elizabeth c for that perjury and  we all conceive they may for be examine before notice of the king demise what  they do be legal as the book be in Assis pl Edward pl Henry pl a see now will  c S and I Ann c S croak car er p