case needham versus smith see footnote in penny v Watts Bea v Nov oh Eq can ab  pl upon a appeal from the roll it be object to the evidence of a witness  examine in the cause and read at the former hear that he have since by answer  to a bill exhibit against he confess that on the day he be examine the  plaintiff give he a bind that if he recover the land in question he will  convey part of it to the witness by the opinion of the Lord keeper assist by  two judge this answer be order to be read upon a appeal from the roll it be  object to the evidence of one Norris a witness examine in the cause and read  at the hear at the roll that since that Vernon chancery case er p hear in  answer to a bill exhibit against he he have confess that on the day on which  he be examine as a witness he take a bind of the plaintiff that if the  plaintiff recover the estate in question he will convey part of it to the say  Norris Vernon chancery case the question now be whether that answer shall be  now read to take all his evidence and the Lord keeper assist with the Lord  chief justice holt and justice Powel be all of opinion that the answer ought  to be read justice Powel the cause upon a appeal from the roll be entire open  and if the answer have be in then it may have be read there and you may now  read it here upon the appeal so upon party give up his deposit he have neglect  to read his evidence at the roll hedge v Cardonnel atk and in Rawlins v Powel  p wms per Cowper Lord chancellor upon plaintiff petition to rehear the cause  be open as to the whole with respect to the defendant while with respect to  the plaintiff it be only open as to those part of it complain of by the  petition but as to such part it be presume the plaintiff be lot into new  evidence for in wright v peel pre Ch Parker Lord chancellor say the appeal be  only to give the chancellor a opportunity of hear why he shall not enrol it as  it be to be enrol as his decree and therefore the cause be entire open and the  party at liberty to offer what he can against his sign and enrol the decree et  vide Gilbert Eq Rep S c in Thompson v Waller pre Ch it be however say per  Harcourt Lord keeper that upon a appeal either from the roll to he or from he  to the house of lord no new matter not in issue in the cause below shall be  suffer or insist on but it seem to be clear that a appeal from the roll to the  Lord chancellor be only in the nature of a rehear and not of appeal from a  inferior jurisdiction Dashwood v Bulkeley Ves Buckmaster v Harrop Ves white v  Fussel v b walker v Symonds mere n and as to the objection that be make that  after publication you may examine as to the credibility but not as to the  competency of a witness it be a difference without colour of reason if you may  examine to the credibility which go to part you may certain examine to the  competency which go to the whole and total destroy his evidence and as to the  objection that by take the advantage of a answer to take off the evidence of a  witness the adverse party lose the opportunity of crossexamine of he it be  answer that it be prove the witness be a party interest no proof be to be  admit to show he not to be interest Lord chief justice if after the hear a  witness be convict of perjury you may take advantage of it upon a rehear Lord  keeper though a witness be examine a hour together at law if in any part of  his evidence it appear that he be a party interest the court will direct the  jury that he be no witness nor any regard to he have to his evidence the  answer thereupon be read a cause of the above name be enter that November but  no mention of the above point appear Reg lib b fol