Case Book BL Harley MS 2143 fo. 36v.
A commission executed by the plaintiff’s commission at another place than was expressed in the commission suppressed. Kenn et al, plaintiffs; Beckwith et al: a commission to examine witnesses at York, and the plaintiff’s commissioners having the carriage of the commission, without the defendants or other commissioners’ assent examined other witnesses at Beverley which by order of the court were for that cause suppressed. But by a commissioner’s certificate it appeared that the plaintiff’s commissioners and one of the defendant’s commissioners examined a witness for the plaintiff at Wetherby which the court approved of although it were not in the place in the commission expressed because one of the defendant’s commissioners was present there at and the defendants were consenting there unto. Michaelmas 22 Elizabeth. And yet by another order after the commission executed at Beverley was published for that the defendant’s commissioners promised to meet the plaintiff’s commissioners there to execute the commission which was affirmed by affidavit. Hillary 22 Elizabeth And yet upon an oath given by the Lord Chancellor in open court to the defendant’s commissioners who denied that ever he promised to meet the plaintiff’s commissioners, the same commission was suppressed.
Easter 22 Elizabeth