a issue be direct to be try at the assize whether by the general word of the  deed in question the land in question be intend to pass equity case abridge a  verdict pass for the plaintiff upon a motion for a new trial it be send to the  judge to certify whether this be proper to be try again price I certify that  evidence c 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 such new trial but king c on advice with  his honour order a new trial at the bar of c b where a verdict pass for the  defendant then a new trial be again move for upon which it be send to the  judge of c b to know if this Cause be proper to be try again the chief justice  acquaint the Lord chancellor that there have be very strong evidence give on  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 but  Lord Chan king assist by his honour deny a new trial hill Coker and farewell  will Rep his honour say the only objection to the new trial appear to be the  death of the witness but he be if opinion that the witness be dead his  deposition may be read that as the testimony which the witness have give at  the former trial may be read again in evidence against the same party he think  that the other side have suffer by the witness be death since they have  thereby lose the advantage of crossexamine ibidem upon a second application  for a new trial after the trial at bar it be insist that this matter relate to  a inheritance it will be very hard to have the right determine by one trial  though even at bar and diverse case be cite where new trial be grant after a  trial at bar see the case of Leighton and Leighton will Rep and this ought  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 court deny  a new trial as above mention say otherwise there will be no end of suit that a  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 court be intent of send the  Cause to be try at bar be that it may be final but that this case be the  strong as the issue to be try relate only to the intention of the party and  not to any legal Title which question may have be determine at the hear  without send it to a trial and here be a trial at bar this may just claim a  preference to one by nisi prius and be sufficient to satisfy the conscience of  the court but if the party against who the decree be think he have a legal  Title the court do not debar he ofthat ibidem