BREERTON and townsend upon a special day t James a information by Mr attorney  against sir Thomas Breerton Richard Breerton his brother and sir Henry  townsend and his wife for the suppress of a will c and all the defendant but  sir Henry townsend be find to the king and the court assest and give pound  damage to one Egerton the relator who wife be disinherit c and in that case  these three point be move and agree first that process shall issue out of that  court to the sheriff to levy the damage to the party or to the relator upon  the good and land of the party and many precedent be there vouch for that  point t h hale against Sherly h h Bradshaw against suitor and it be now decree  that process shall issue to the sheriff to levy the three thousand pound upon  the land of Breerton second it be decree that process shall issue against sir  Henry townsend the husband to pay the damage for his wife note Bacon the  attorney have extol the dignity of that court where many king in person have  sit and be compose of the chief counsellor of state of the chief divine and of  the chief sage of the law and have a transcenvent jurisdiction that now if the  husband shall not answer for the damage against the wife as in trespass or in  a action upon the case they shall it will be a encouragement to feme covert to  commit all manner of outrage but the two chief justice and the chief baron and  the Lord Knolls be of a contrary opinion in those two point but they agree  with the other that the body good and land of the party may be take for a fine  to the king by the commonlaw but not by process out of that court but upon a  estreat in the exchequer process shall issue thence but not for damage of the  party and they give this answer to the precedent because in some of they the  damage be part of the decree and give to they that be party to the suit but in  our case the damage be give to the relator who be a stranger and by that mean  he shall be in a better plight than the king who must stay till his fine be  estreated into the exchequer and also by the judgement Noy that the husband  shall not answer for the damage give against the wife because it be a criminal  and not a civil offence as battery slander or assumpsit by the feme covert  three it be decree by all that a injunction shall issue against he that stand  in contempt to surcease all suit in other court concern the same thing or  cause for which the original suit be in the starchamber and also against the  same party at who suit he stand in contempt in this court until he have be d  the decree but not a general inction for all suit for any thing against any  other person as the baron have urge to be reasonable as well as outlawry or  excommunication in other court be pleadable by any man in many action a strong  for a contempt against he in the high court of starchamber and note that the  party grieve be prefer in his remedy for his damage before the king for his  fine Noy er p