248 SPEECH ON TAKING 



arrest at common law was on Tuesday, I pray the 

 injunction upon priority of suit : he caused his cli 

 ent that had a loose debtor, to put his bill into the 

 chancery before the bond due to him was forfeited, 

 to desire an order that he might have his money at 

 the day, because he would be sure to be before the 

 other. I do not mean to make it a matter of an 

 horse-race who shall be first at Westminster-hall. 



Neither will I grant an injunction upon matter 

 contained in the bill only, be it never so smooth and 

 specious ; but upon matter confessed in the defend 

 ant s answer, or matter pregnant in writing, or of 

 record ; or upon contempt of the defendant in not ap 

 pearing, or not answering, or trifling with the court 

 by insufficient answering. For then it may be thought 

 that the defendant stands out upon purpose to get the 

 start at the common law, and so to take advantage 

 of his own contempt ; which may not be suffered. 



As for injunctions for possession, I shall maintain 

 possessions as they were at the time of the bill exhi 

 bited ; and for the space of a year at the least before, 

 except the possession were gotten by force or any 

 trick. 



Neither will I alter possession upon interlocu 

 tory orders, until a decree ; except upon matter 

 plainly confessed in the defendant s answer, joined 

 also with a plain disability and insolvency in the 

 defendant to answer the profits. 



As for taking of possession away in respect of 

 contempts, I will have all the process of the court 

 spent first, and a sequestration of the profits before 

 I come to an injunction. 



