case shirley et all v earl ferrers Lord chancellor king mos a witness order to  be examine de bene be where the thing examine into lie only in the knowledge  of the witness and be a matter of great importance though the witness be not  prove to be old or infirm Robert late earl Ferrer be seize in fee among many  other estate of land in Ireland of pound per annum and have several son by his  first wife videlicet Washington c and also have several son by his second wife  Silena the present countess dowager Ferrer the say earl Robert by a settlement  have limit these premise in Ireland to his son by his last lady the countess  Silena upon the death of earl Robert the earldom descend to Washington earl  Ferrer his lordship claim title to the premise in Ireland by virtue of a prior  settlement make thereof by earl Robert in may whereby the premise be limit to  himself for life remainder to his son Washington for life remainder to his  first c son in tail male remainder to every other son of earl Robert in tail  male successive remainder over and it be insist on by the son of the peer  William second marriage that this be a forge deed a issue be direct to try the  same earl Washington die without issue male and the earldom descend to the  defendant this suspect deed of may have be bring before the master by earl  Washington and the young son by the second marriage and their agent have  inspect it in the master hand one John Shirley bear in Ireland and to who earl  Washington have show several favour come to the master to see the deed and  make a affidavit that in December the deponent himself by order of earl  Washington transcribe this suppose deed from another copy in parchment and  that at that time there be no seal or name subscribe nor any witness to it  whereas now it appear that this very deed have a seal put to it and earl  Robert name and title subscribe to it and three witness name endorse though  those witness name be almost rub out the son by a second marriage thereupon  bring a supplemental bill set forth this matter with John shirley affidavit  annex and pray that they may be at liberty to examine this witness in order to  have his testimony perpetuate and now it be move that the plaintiff may  examine this witness de bene be the defendant have pray a commission to answer  on the other hand this be oppose on behalf of the earl by reason there be not  the common affidavit that the witness be old or infirm or in any danger of die  and it be say to be against the constant course to grant such motion but upon  very full affidavit of the witness be not only be old but also infirm and in  danger of die but the Lord chancellor after this have be twice move on  affidavit make that no other person be privy to peer William this matter as  the plaintiff know or believe do order that the plaintiff shall be at liberty  to examine this witness Shirley de bene be in regard he as well as all other  may die and by that mean the plaintiff may be deprive of his testimony and for  that this matter lie in the privity of this witness only and be of great  importance but that if he be then live the plaintiff shall produce he at the  trial vide Philips v Carew ante vol afterward on the trial of the issue at the  bar of the king bench Hilary the deed be find to be forge upon the evidence  give by this witness see Dursley v fitzharding yes peer William er p so  Pearson v ware in Charles Feb dick Cox bridge v hatch in Charles Jan Cox  hankin v Middleditch bro c c Cholmondeley v Oxford bro c c