A collection of such of the orders heretofore used in Chancery with such alterations and additions thereunto, as the right honorable Edward Earle of Clarendon, lord chancellor of England ... and ... the honorable Sir Harbottle Brimston, Barronet, master of the rolls, have thought fit at present to ordaine and publish for reforming of several abuses in the said courts, preventing multiplicity of suits, motions, and unnecessary charge to the suiters, and for their more expeditious and certain course for relief.

A collection of such of the orders heretofore used in Chancery with such alterations and additions thereunto, as the right honorable Edward Earle of Clarendon, lord chancellor of England ... and ... the honorable Sir Harbottle Brimston, Barronet, master of the rolls, have thought fit at present to ordaine and publish for reforming of several abuses in the said courts, preventing multiplicity of suits, motions, and unnecessary charge to the suiters, and for their more expeditious and certain course for relief.

Table of contents

Title page

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A COLLECTION of such of the ORDERS heretofore used in Chancery

Bills.

Subpoena's.

Pleas and Demurrers.

Answers.

Exceptions.

Examination of Witnesses.

Commissions.

Depositions.

Causes to be set downe for hearing.

Proceedings in hearing Causes.

Contempts.

Commitment.

Decrees and Dismissions.

Masters.

Cursitor.

Petitions.

Paupers.

THE TABLE.

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A COLLECTION OF Such of the ORDERS Heretofore used in CHANCERY; With such Alterations and Additions thereunto, as the right Honorable Edward Earle of Clarendon Lord Chancellor of England,

By and with the advice and assistance of the Honorable Sir Harbottle Grimston Barronet, Master of the ROLLS, Have thought fit at present to Ordaine and Publish.

For Reforming of several Abuses in the said Court, preventing multiplicity of Suits, Motions, and unnecessary Charge to the Suiters, and for their more expeditious and certain course for Relief.

London, Printed for Henry Chase, and are to be sold at his shop at the Rolls in Chancery-lane, over against the six Clerks Office; and by Humphery Tuckey at the black-spread-Eagle in Fleetstreet, 1661.

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[Page]I do appoint Henry Chase to print these Rules, and that no other person or persons do presume to print the same.

May 22. 1661.

Clarendon. Harbottle Grimston.

A COLLECTION of such of the ORDERS heretofore used in Chancery

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Bills.

THAT no Councellor do put his hand to any Bill, Answer, or other Pleading, unless it be drawn, or [Page] at least perused by himself in the paper draught before it be ingrossed (which they shall do well for their own discharge, to sign also after perusal) And Council are to take care that the same be not stuffed with repetition of Deeds, Writings, or Records, in haec verba: but the effect and substance of so much of them only as is pertinent and material to be set down, and that in brief terms, without long and needless traverses of points not traversable, tautologies, multiplication of words, or other impertinencies occasioning needless prolixity, to the end the ancient [Page] Brevity and Succinctness in Bills, and other pleadings, may be restored and observed: Much less may any Council insert therein matter meerly criminous or scandalous, under the penalty of good costs to be laid on such Council, and paid to the party grieved, before such Council be heard in Court.

That all Bills be dated the same day they are brought into the Six Clerks Office, and that no Six Clerk presume to Antedate any Bill, and that no Under-clerk presume to keep any Bill by him, but with the first opportunity deliver [Page] the same to the Six Clerk, or his allowed Deputy, in his absence to be accordingly filed.

No Bill, Answer, or other pleading shall be said to be of Record, or to be of any effect in Court, until the same be filed with such of the Six Clerks with whom it ought properly to remain.

Subpoena's.

THat all plaintifs may have liberty to take forth Subpoena's ad respondendum, before the filing of their Bills, if they [Page] please, notwithstanding any late Order or usage to the contrary.

That every Subpoena to answer, revive, review, rejoyn to testifie or to hear judgement, shall be served personally, or left at the Defendants dwelling house or place of residence, with one of that Family. And to Clerk of this Court shall issue any Attachment for not appearing, but upon Affidavit first made, positive and certain of the day and place of such service of the Subpoena, and the time of the return thereof, whereby it shall appear that such service [Page] was made, if in London, or within twenty miles thereof four dayes at the least, excluding the day of such service. And if above twenty miles then to have been eight dayes before such Attachment entered: And that such Attachment shall not be discharged but upon payment of usual costs, and so the succeeding costs to be double.

Pleas and Demurrers.

FOrasmuch as the Defendant being served with process [Page] to answer, may by advice of Council upon sight of the Bill, only be enabled to demurre thereunto, if there because, or may by like advice be enabled to put in any just plea which he hath in disability of the person of the Plaintiff, or to the jurisdiction of the Court: It is therefore Ordered, That such Demurrer, or such plea in disability, or to the jurisdiction of the Court, under the hand of Council learned, shall be received and filed, although the Defendant do not deliver the same in person, or by Commission. And therefore if the Defendant shall pray a Commission, [Page] and thereby return Demurrer only, or only such plea, which shall be afterward over-ruled, the Defendant shall pay five marks costs: and a though it be allowed, the Defendant shall have no costs in respect of the Plaintiffs need| less trouble occasion'd by such Commission.

Every Demurrer shall express the several causes of Demurrer, and shall be determined in open Court. And such pleas also as are grounded upon the substance and body of the matter, or extend to the jurisdiction of the Court, shall be determined in open Court, [Page] And for that purpose, the Defendant is to enter the same with the Register, within eight dayes after the filing thereof; or in default of such entry made, the same shall be disallowed of course, as put in for delay. And the Plaintiff may then take out process to enforce the Defendant to make a better answer, and pay forty shillings costs: and the same shall not afterwrads be admitted to be set down or debated, unless upon motion it shall be Ordered by the Court: And if any cause of Demurrer shall arise, and be insisted on at the debate of the Demurrer (more than is [Page] particularly alledged, yet the Defendant shall pay the ordinary costs of Over-ruling a Demurrer (which is here| by Ordered to be five marks costs) if those causes which are particularly alledged be disallowed: although the Bill, in respect of that particular so newly alledged shall be dismissed by the Court.

A Plea of Outlawry, as it be in any suit for that duty, touching which relief is sought by the Bill, is insufficient according to the Rule of Law, and shall be disallowed of course as put [Page] in for delay: And the Plaintiff may notwithstanding such Plea, take out process to enforce the Defendant to make a better answer, and pay five Marks costs; otherwise a plea of Outlawry is alwayes a good plea, so long as the Outlawry remaineth in force: And therefore the Defendant shall not be put to set it down with the Register: And after the said Outlawry reversed, the Defendant upon a new subpoena served on him, and payment unto him of twenty shillings costs, shall answer the same Bill, as if such [Page] Outlawry had not been▪ But if the Plaintiff conceive such plea of Outlawry thorough mispleading, or otherwise to be insufficient, he may, upon notice given to the Clerk on the other side, set it down with the Register, to be debated with the rest of the Plea's and Demurrers in course: But if the Plaintiff shall not in such Case enter it with the Register within eight dayes after the same shall be filed, the Defendant may take out process against the Plaintiff for his Ordinary costs of five marks, as if [Page] the same had been heard.

The Dependancy of a former suit for the same matter, is also a good plea, and therefore the Defendant shall not be put to set it down with the Register; But if the Plaintiff be not satisfied therewith, the same shall be referred to one of the Masters of the Court to certifie the truth thereof; and if it shall be determined against the Plaintiff, he shall pay five pounds costs to the Defendant; But such reference shall be procured by the Plaintiff, and a report thereupon within one [Page] month after the filing of such plea, otherwise the Bill to stand dismist of course with the ordinary costs of seven Nobles.

If after a suit commenced at the Common Law, or any other inferiour Court, a Bill shall be exhibited in this Court to be relieved for the same matter, the dependancy of the former suit shall be admitted as a good plea, and the Defendant not be put to motions for an Election or Dismission, and that plea shall be proceeded in, as in case of [Page] a plea of a former suit depending in this Court for the same matter.

After a Contempt duly prosecuted to an Attachment with proclamation returned, no Commission to answer shall be made; nor no plea or demurrer admitted, but upon motion in Court, and Affidavit made of the parties inability to travel, or other good matter to satisfie the Court touching that delay.

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Answers.

AFter a Commission once obtained to answer, no second Commission shall be granted without special Order of Court upon good reason shewed to induce the same, or the Plaintiffs own assent.

An Answer to a matter charged as a Defendants own fact, must regularly be without saying, To his remembrance, [Page] or As he believeth, if it be laid to be done within seven years before, unless the Court upon exception taken, shall find special cause to dispence with so positive an answer: And if the Defendant deny the fact, he must traverse or deny it (as the cause requires) directly, and not by way of negative pregnant. As if he be charged with a receipt of a summe of money, he must deny or traverse that he hath not received that sum, or any part thereof, or else set forth what part he hath received. And if a fact be laid to be done with divers circumstances, [Page] the Defendant must not deny or traverse it literally, as it is laid in the bill, but must answer the point of substance positively and certainly.

When the Defendants have answered, the Plaintiffs and their Council are seriously to advise of the Answers, and if they find that upon the Answer alone, without further proof, there be sufficient ground for a final Order or Decree, to proceed upon the Answer without further lengthening of the cause. Or if it be needful to prove one or a few particular points to reply unto those points, and not to [Page] draw into pleading or proofs any more than those necessary points, thereby making wrong books, and putting both sides to unnecessary Charges, the Defaulters herein to be punished by paying the charge of the Copies, or otherwise, as the cause shall require.

If a hearing be pray'd upon Bill and Answer, the Answer must be admitted to be true in all points, and no other Evidence to be admitted, unless it be matter of Record to which the Answer referres, and is proveable by the Record: [Page] The Plaintiff is therefore to be well advised, that the Court be not put to an unnecessary trouble, and himself to a certain charge, in bringing his cause to hearing which will nor bear a Decree.

Exceptions.

WHen a Plaintiff excepteth to a Defendants Answer, he shall set down his Exceptions in Writing; and if the Answer be filed [Page] in Term time, he shall the same Term, or within eight dayes after that Term, deliver the same Exceptions to the Council whose hand is to the Answer, or to the Defendants Clerk in Court; And if the Defendant do within eight dayes after such delivery, satisfie the Plaintiff of the invalidity of those exceptions, or amend the Answer in the same time, or agree with the Plaintiff, or his Clerk, or Sollicitor, to amend it by such time as they shall agree upon, and do amend it accordingly, and pay twenty shillings costs, the [Page] Plaintiff shall go on to Reply; But if the Desendant shall faile to do the same, or put in a second insufficient Answer, the Plaintiff may get the Answer or Answers referred: and if the same shall be ruled insufficient, the defendant shall pay forty shillings costs. But if an Answer be pled in Vacation-time, then the Plaintiff shall have eight days in the beginning of the next Term, if he see cause to put in his Exceptions, and deliver them in writing in like manner, as before is appointed: and the Defendant within eight days after such delivery to proceed as before is ordered.

[Page]If the Plaintiff shall procure a reference of an insufficient Answer within the time before limited, and the same be reported good, the Plaintiff shall pay the Defendant forty shillings costs.

If the first Answer be certified insufficient, and ruled so, the Defendant shall pay forty shillings costs as aforesaid: if the Answer was put in in person: But if the same came in by Commission, the Defendant shall have fifty shillings costs, and no new Commission shall be awarded for [Page] taking a second Answer, unless it be by Order, upon Affidavit made of the parties inability to travel, or other good matter, to satisfie the Court touching that delay, and first paying the costs of such insufficient Answer, or by the Plaintiff, or his Clerks assent for expediting the cause. If the second Answer be reported insufficient unto any the points formerly certified, the Defendant shall have three pounds costs: And upon the third insufficient, four pounds costs: And upon a fourth Answer certified insufficient, he shall pay five pounds costs, [Page] and be examined upon Interrogatories to the points reported insufficient, and shall be committed, until he hath perfectly answered those Interrogatories, and paid the costs, in respect of the great vexation and delay which in such cases will happen to the Plaintiff.

No Subpoena ad rejungendum, shall be of force, unless there be a Replication filed in the cause according to the course of the Court, before the issuing out of the said Subpoena, or at least before the return thereof: And the parties [Page] upon whom such Subpoena shall be served, finding no replication filed before the return thereof, shall have the ordinary costs taxed according to the course of the Court.

Examination of Witnesses.

When the parties are at issue, and proceed to examine Witnesses, the Interrogatories are to be penned with care, that the same be pertinent, and only to the [Page] points necessary, and the Witnesses are to be sorted and examined on those Interrogatories only that their Testimony doth extend unto, without the needless Interrogatories of matters unnecessary, immaterial, aswell to avoid the charge of both parties, Plaintiff and Defendant, in superfluous examinations, as that apt Interrogatories (which are the life of the cause) may be exhibited.

No Witness shall be examined in Court by the Examiner, without the privity [Page] of the adverse party, or of his Clerk who deals for the adverse party, to whom the person to be examined shall be shewed, and a Note of his name and place of dwelling delivered in Writing, by such as shall produce him, and the Examiner is to take care, and be well satisfied that such notice be given, and then shall added to the Title of the Witnesses Examination the time of such notice given, and the name of that person to whom it is given, and by whom, that at the hearing of the cause the Suiter be not delayed [Page] upon pretence of want of notice.

When Witnesses are examined in Court upon a Schedale of Interrogatories, there shall be no new Interrogatories put in to examine the same Witnesses, nor shall any Witnesses be examined in Court after the day of Publication, though they were sworne before, so as a Copy of the Rule or Order whereby Publication passed, be delivered to the Examiner, that he may take notice thereof.

[Page]That all Copies of Bills, Answers, Depositions, or other Record, or thing whatsoever belonging to the Six Clerks to Copy, shall contain fifteen lines at the least in every sheet of paper, written fairly, and orderly, and unwastefully: And that no such Copy shall be henceforth delivered out of the Office, before it be signed by such Six Clerk to whom it belongeth, with his own proper hand-writing, or by his Deputy in his absence. Nor any Copy not so signed, shall be made use of in Court, or before any Master, which [Page] all Clyents are to take notice of, to the end they may be prepared with such Copies at the hearing of their causes.

And whereas many inconveniencies do frequently arise by undue Copying Bills, Answers, and other Pleadings, before they be filed; so as they are either never filed, or very irregularly, to the prejudice of the Clyent, and trouble to the Court, by unnecessary motions: It is therefore ordered, That no Under-clerk, or his man, or other for [Page] him, do from henceforth presume to copy any Bill, or other Pleading whatsoever, before it be duly filed with the proper Six Clerk, who ought to file the same.

For preventing of perjury, and other Mischiefs often appearing to the Court, the Examiner is to examine the Deponent to the Interrogatories directed seriatem, and not to permit him to read over, or hear read any other Interrogatories, until, that in hand be fully finished, much [...] to have the Interrogatories, [Page] [...] [Page] Witness, but by special Order of the Court, which is sparingly to be granted, and upon Exception first put into writing and filed with the Examiner without fee, and notice thereof given to the adverse party, of his Clerk, together with a true Copy of the said Exceptions at the charge of the party so examining.

The Examiners (in whom the Court reposeth much confidence) are themselves in person to be diligent in Examination of Witnesses, and not intrust the same to [...] and inferior Clerks; and [...] to [Page] take care to hold the Witness to the point interrogated, and not to run into extravagances, and matters not pertinent to the Question, thereby wasting paper for their own profit, of which the Court will expect a strict accompt.

The Examiners are to take care that they employ under them in their Office, none but persons of known integrity and ability, who shall take an Oath, Not to deliver or make known directly, or indirectly, to the adverse party, or any other, save the Deponent, who comes to be examined any [Page] [...] [Page] [...] [Page] Examinant cannot depose. And in case such impertinence be observed by the Court, the Examiner is to recommence the charge thereof to the party grieved, as the Court shall award.

That after Witnesses examined in Court, there shall be two Rules only given for Publication, (viz.) An Ordinary Rule, and then a day to shew cause why Publication should not pass, and upon the return of a Commission, one Rule only to [Page] be given, within which times aforesaid, if the other side do not shew unto the Coure good cause to the contrary, Publication shall pass accordingly.

All Pleadings, Commssiions, Certificates, belonging to the Six Clerks to receive, shall immediately, upon the bringing in, or return thereof into this Court, be delivered to such Six Clerks own hands as shall be Attorney in the cause; or to the hands of his Deputy in his absence, [Page] [...] [Page] Clerks Office, or lodgings there. And so soon as any Clerk shall have ingrossed, inrolled, copyed, or used any such [...], Pleading, Commission, Decree, or other [...]

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Commissions.

WHen a Commission is awarded to examine Witnesses, if by default of him that hath the carriage of the Commission, or by his Commissioners nothing is done, he shall bear all the charges that the other side was put unto about that Commission, either for Fees of Court, bringing or entertaining Commissioners, or Witnesses, or otherwise to be ascertained by the [Page] Oath of the party, or of him that disbursed the money for him, and shall renew the Commission at his own charges.

When a Commission is awarded to examine Witnesses, and the one side produceth and examineth all his Witnesses, and the other side doth not, but pray a new Commission, if it be granted, he shall bear all the charges of the renewed Commission, both in Court, and in the Countrey, as well for the charge and entertainment of his own Commissioners, as of the Commissioners of the other side, and the other side shall be permitted to crossexamine [Page] [...] [Page] all his Witnesses by that renewed Commission, or examine them in Court by the end of the Tearme, wherein that renewed Commission is retournable without any more or further delay.

That no Commission ad examinandum testes be executed in London, or within ten Miles thereof, without special order first obteyned upon Affidavit made of the parties inabilitie to travel, or other good matter, And that all Depositions taken by Commission in London, or within ten Miles thereof, without special order as aforesaid, shall stand superseded and suppressed ipso facto, and not allowed [Page] to be read as Evidence at the hearing of the Cause. And the parties who shall cause the same to be so executed, shall suffer such punishment for their contempt and irregularitie as the Court shall think fit.

Depositions.

WHere either partie Plaintiff or Defendant, obteineth an Order to use Depositions of Witnesses taken in another cause, the adverse parties may likewise use the same without motion, unlesse he be upon special reason shewed to the Court by that partie first desiring the [Page] same, inhibited by the same order so to do.

No motion shall be made in Court, or by petition for suppressing of Depositions as irregularly taken, untill the six Clarke not towards the cause have been first attended with the complaint of the partie greived, and shall certify the true state of the Fact to the Court, with their opinion: If the Attourneys or Clarkes on either side, shall not for the ease of their Clyents agree before them, for which purpose a rule for attendance of the six Clarke in such case, shall be entred of course with the Register at the desire of the partie complaining, [Page] which shall warrant their proceedings, and certificate to the Court.

Causes to be set downe for hearing.

THe six Clarkes who are the only Attourneys in this Court, ought to informe themselves continually of the state and proceedings of their Clyents causes, whereby they may be able to defend their Clyents, and to give account to the Court as the Attourneys in all other Courts doe, and not to leave the care and knowledge thereof upon their under Clarks [Page] who attend not in Court, and the Clyents and such as follow their causes, are to acquaint their Attourneys for that purpose.

Such as desire to have their causes set down for hearing, must repaire to the six Clarke that is Attourney in the cause, at least six dayes before the end of the Tearme, that the six Clark may informe himself of the state of the Cause, of the long or short dependance thereof in Court, of the Antiquity of the publication, of the weight or value of the causes, and all other Circumstances material to informe the Lord Chancellour, Lord Keeper, or Master of the [Page] Rolls of the time of the setting down of causes, and the six Clark may not refuse to offer the same to be set down, if he be attended in such time as a foresaid, nor come unprepared to informe the Lord Chancelour, Lord Keeper, or the Master of the Rolls, of the nature and circumstance of the cause aforesaid. And neither he, nor any of his under Clarks, nor any of the Registers, are to take any Fee, Gratuity, or Reward for the same.

No money, or other reward, shall in any wise be exacted, or taken directly or indirectly by any of the six Clarks, or any of the Registers for, or in their behalfe, [Page] for the preferring, and setting down of any cause for hearing, but only such Fees as are behind, and unpaid of their termly Fees and Duties, (if any be) and if any cause happen to be set down for hearing, wherin they shall not have been satisfied their due Fees and Duties, they may alleadge the same in stay of hearing of the cause.

Proceedings in hearing Causes.

WHere no Councel appears for the Defendant at the hearing, and proces appears to have been duly served, [Page] the answer of such Defendant shall be read, and if the Court upon such hearing shall find cause to Decree for the Plaintiffe, yet a day shal regularly be given to the Defendant to shew cause against the same, but before he be admitted thereunto, he shall pay downe to the plaintiffe, or his Attourney in Court, such costs as the Court upon that hearing shall assesse, and the Order is to be penned by the Register accordingly, (Viz.) It is decreed so and so, &c. Unlesse the Defendant shall by such a day pay to the Plaintiffe, or his Attourney in Court costs, and shew good cause to the contrary, and such [Page] Defendant upon his shewing cause, shall first produce a Certificate from the Plaintiffs Attourney in Court, that he hath payd the costs, or Affidavit of tender or refusal thereof.

Contempts.

ALL proces of contempt shall be made out into the County where the party prosecuted is resident, unlesse he shall be then in, or about London, in which case it may be made into the County where the party then is. And if any person shall be taken upon proces otherwise, or irregularly [Page] issued, the party so taken first appearing unto, and satisfying the proces which did regularly issue against him, shall be discharged of his contempt, and have his full costs to be taxed of course by the six Clarkes not towards the cause, for such undue or irregular prosecution from the time that the error first grew, without motion or other order.

Every Suitor who prosecuteth a Contempt, shall do his best endeavour to procure each several proces to be duely served, and executed upon the partie prosecuted, and his willful default therein appearing to the Court, such Person offending [Page] shall pay unto the party greived good costs, and lose the benefit of the proces returned without such endeavour.

All Attachments in proces shall be discharged upon the defendants payment, or tender to the Plaintiffs Clark and refusall of the ordinary costs of the Court, and fileing his Plea, Answer or Demurrer (as the case regularly requires) but upon motion in Court, or petition in that behalf.

And if after such conformity and payment of the costs (or tender and refusal thereof) any further prosecution shall be had of the said contempt, the party prosecuted shall be discharged with his costs.

[Page]If after appearance, and Interrogatories exhibited as aforesaid, the partie appearing shall depart before he be examined (without leave of the Court) he is upon motion and certificate from the Register of such his departing and not being examined, and of the Interrogatories exhibited from the Examiner to stand committed without further Day given unto him, and is not to be discharged from such his contempt untill he hath been examined and cleered of his contempt; And if he shall upon his examinations, or by proofes be found in Contempt, he shall cleere such his [Page] contempt, and pay the Prosecutor his costs, before he be discharged of his Imprisonment. And although he be cleered of his said contempt, yet he shall have no costs, in respect of his disobedience in not being examined without the Prosecutors trouble and charges in moving the Court as aforesaid.

In Case of prosecution of a Contempt for breach of an Order of the Court, or otherwise grounded upon an Affidavit, the Interrogatories shall not be extended to any other matter then what is comprehended in the said Affidavit or Order. And if any other shall [Page] be exhibited, the partie examined may for that reason Demurre unto them, or refuse to answer them.

Where the partie prosecuted upon a Contempt, hath denyed it, or the same doth not clearly appear by his examinations, the Prosecutor may take out a Commission of Course to prove the Contempt, and in such case the partie prosecuted may name one Commissioner to be present at the Execution of the Commission, and may henceforth (notwithstanding the former usage to the contrary) crosse Examine the Witnesses produced against him to [Page] prove the Contempt, but is not to examine any Witnesses on his part, unlesse he shall satisfie the Court touching some matter of fact, necessary to be proved for clearing the truth. In which case the Court if there be cause, will give leave to him to Examine witnesses to such particular points set down; and the otherside may crosse Examine such Witnesses, But the Interrogatories on both sides are to be included in the Commission.

Where a Contempt is prosecuted against one, who by reason of Age, Sicknesse, or other cause is not able to travell▪ [Page] Or in case the same be against many Persons who are Servants or Workmen, that live farr off the Court, will upon Motion and Affidavit thereof, grant a Commission to Examine them in the Country, which Commission shall be sued out and Executed at the charge of the Person or Persons desiring it, Directed to such indifferent Commissioners as the Prosecutors of the Contempt shall name (as in other cases) and one Commissioner only at the Nomination of the partie prosecuted as aforesaid. Which Commission shall be Executed at such convenient time and place, as the six Clarkes not towards [Page] the cause upon hearing the Clarkes upon both sides shall set down.

Upon every Examination and proofe of a Contempt referred to any of the Masters of the Court, to Certify whether the Contempt be confessed or proved, or not: The Master in his Certificate thereof made to the Court, shall likewise assesse and certify the costs to either partie as there shall be cause, without other Order or Motion made for that purpose

Commitment.

THE Court being tender of the liberty of mens Persons, [Page] and to avoid their Imprisonment upon mallicious Affidavits, which are often made by one meane and ignorant Person, and which hath heretofore by the course of the Court drawen on a Commitment, Doth order that from henceforth, where Oath shall be made of misdemeanour in beating or abusing, the partie upon sueing the Process or Orders of the Court, the partie offending shall stand committed upon motion, and no examination is in that case to be admitted.

And when Affidavit shall be made by two persons of Scandalous or Contemptuous [Page] words against the Court or the process thereof, the partie offending shall likewise stand committed upon motion, without any further examination. And a single Affidavit in such case shall be sufficient to ground an Attachment, Whereupon such Person shall be brought in to be examined: And if the misdemeanour shall be confessed, or proved against him, he shall stand committed untill he satisfie the Court touching his said misdemeanour, and pay the Prosecutor his costs. And if he shall not be thereof found guilty, save by the Oath of the partie who made [Page] such Affidavit, he shall be discharged, but without any costs, in respect of the Oath made against him as aforesaid.

Decrees and Dismissions.

THat all Decrees and Dismissions pronounced upon hearing the cause in this Court be Drawen up, Signed, and Inrolled before the first Day after the next Michaelmus, or Easter Terme, after the same shall be so pronounced respectively, and not at any time after, without special leave of the Court.

When the partie is committed, [Page] or brought in by a Serjeant at Armes for breach of a Decree, he is not to be inlarged untill he hath performed the Decree in all things that are to be presently done, and given Security by Recognizance with Suerties, as the Court shall order to performe the other parts of the Decree (if any be to be performed) at future dayes and times appointed by the Decree.

No Decree or Dismission shall be presented by the Register of this Court, or his Deputy, or any other, to the Lord Chancellor, Lord Keeper, or Master of the Rolls, to [Page] be Signed, before it be Signed by that six Clarke to whom it belongeth, of his proper hand writing: Or by his Deputy in his absence.

To the intent the Decrees and Dismissions of this Court may be easily found upon search, the six Clarkes are to keep a publick Book for the entring all Decrees and Dismissions which hath been made and Signed by the Lord Chancellour since the Nine and Twentieth day of May last, and which shall be made and so Signed in this Court: And to that end the Register shall at the beginning of every Terme, deliver into one of [Page] the six Clarkes a list of all Decrees and Dismissions Signed by the Lord Chancellour, the Terme and Vacation before.

If a Bill be regularly and justly dismissed of Course, or by order for want of prosecution, no motion shall be admitted for the retainer therof, without a Certificate from the Defendants Attourney in Court, that the costs of the Dismission are pay'd, to the end unnecessary charge to the parties by several motions for one and the same matter, may henceforth be avoyded.

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Masters.

THat the Masters do not passe any exemplifications of Depositions taken in Chancery upon a bare sight of the Copies only, without first calling the Officer or Officers, who have the custody of the Records, or Originalls of such Copies, or some sworne Clark of his, or their Office, who are to produce the same before them, to warrant their Signing thereof.

The Masters are not upon the importunity of Councell, (how eminent soever) or their Clyents, to returne speciall [Page] Certificates to the Court, unless they are required by the Court so to do, or that their own judgment in respect of difficulty leadeth them unto it, such kind of Certificates for the most part occasioning a needless trouble, rather then ease to the Court, and certaine expence to the Suitor.

Their Certificates and Reports are to be drawen as succinctly as may be (preserving the matter clearly for the judgment of the Court) and without recital of the several points of the Orders of Reference (which do sufficiently appear by the Orders themselves) [Page] or the several Debates of Council before them: unless that in case where they are doubtful, they shortly represent to the Court the reasons which induce them so to be.

The Masters of the Court are to take notice, That when the Court requires to be satisfied from them, touching any matter alledged to be confessed, or set forth in the Defendants answer. It is intended, that without further Order, they should take consideration of the whole Answer or Answers of the Defendants, and certifie not only whether the matter be so confessed or set forth, but also any other matter avoiding [Page] that confession, or ballancing the same, that the Court may receive a clear and true Information.

The Masters in taking Affidavits, and administring of Oathes, in Cases duly presented unto them, are to be circumspect and wary, that the same be reverently and knowingly given and taken, and are therefore to administer the same themselves to the partie, and where they discern him rash or ignorant, to give him some conscionable admonition of his duty, and be sure he understand the matter contained in his Affidavit, and read the same over, or hear it read in his presence, [Page] and subscribe his name or mark thereunto, before the same be certified by the Master, who is not to receive or certifie any Affidavit, unlesse the same be fairly and legibly written without blotting, or Interlineation of any word of substance.

In all matters referred to the Masters of the Court, their Certificate (not being to ground a Decree) if it be positive, is to stand, and process may be taken out to enforce performance thereof, without further motion, unlesse the adverse partie, upon notice given (to his Atturney or Clark in Court,) that such report is filled against him, shall within eight dayes [Page] after such notice (if it be given in Tearm, or whiles the general Seales for Motions are held, or within foure dayes of the next Tearm, if it be given after) obtain some Order in Court to controul or suspend the same, And in case of an insufficient Answer certified by the Masters, the Plaintiffe may immediately take out Process against the Defendant for his costs, and to make a better Answer, as hath formerly been used.

Where after Certificate or Report made by the Masters of the Court, either Partie shall Appeal from the same, to the judgment of the Court, he shall first File his Exceptions thereunto [Page] briefly, with the Register, and deposite with him fourty shillings to be paid to the other partie for his Costs, if he prevail not in such Appeal: And then the Register shall enter such causes of Appeal in a paper, in order as they are brought unto him to be determin'd by the Court, in course upon days of Motions, And notice thereof to be given by the party Appealing, to the Clerk of the Other side. And also the Registers paper to be set up in the Office two dayes before, And if the Court shall not alter the Masters Report, then the fourtie shillings deposited to be paid to the partie defending the [Page] same, with such increase as the Court shall finde cause to impose, otherwise to be restored to the party Appealing, and both without charge.

The Masters Extraordinary shall not within twenty miles of London, take any Affidavits, or Acknowledgment of Deeds, or Recognizances, or do any other Act incident to the place of Master of the Chancery. And to the end it may appear, whether any Master Extraordinary shall notwithstanding presume so to do, Every such Master shall expresse the name of the Town and County where he shall take any Affidavit, or the Acknowledgment of any Deed [Page] or Recognizance, otherwise the same shall not be held Authentical, nor admitted to be Filed or Inrolled.

Cursitor.

WHereas there is an Irregular practice lately Introduced, of making forth Original Writs of Clausum fregit, in Trespass, without any other Cause of Action therein expressed of Returns past, when in truth the proper cause of Action, is either Debt, Case, Ejectment, or some other cause of Action; And by process thereupon, the Defendant is not [Page] only usually arrested, but frequently proceeded against to the Outlawry, to the great damage of the Subject, and the losse and diminution not only of the proper Original Writs issueing out of this Court, but also of his MAJESTIES revenue for the casuall Fines thereupon due and payable. It is therefore Ordered,

That no Cursitor of this Court from, and after the first Day of Trinity Tearm next ensuing, make, or cause to be made any Writs of Clausum fregitt, or Clausum & Domum fregitt, within the City of London, without special Warrant from the Lord Chancellor, or [Page] Lord Keeper of the Great Seale of England, or Master of the Rolls for the time being, unlesse it be made appear by Affidavit, or some other probable evidence that the same is the true and proper cause of Action.

That no Cursitor of any other Country do make, or permit to be made within his respective Devision any of the said Writs of Clausum fregitt, or Clausum & Domum fregitt, of any other returne, then of the last returne of every respective Tearm, unlesse it be to warrant Arrests, and Testatum Capias only.

That no Cursitor shall from [Page] and after the end of Michaelmas Tearm next ensuing make, or permit to be made within his respective Office and Devision, any Originall Writs whatsoever of any returne past, unlesse he shall receive the Instructions for making thereof within the Tearm wherein the said Writs are to be retournable, Or at the farthest, on, or before the first Eisoigne day of the next Succeeding Tearm, without speciall. Warrant from the Lord Chancellour, or Lord Keeper of the Great Seale of England, of Master of the Rolls for the time being, Or good cause to be allowed of [Page] by the Principal, and Assistants of the Company of the Cursitors for the time being, or the Major part of them, at their Publick meetings according as heretofore hath been used.

The Cursitors are to take care that they imploy under them in their Office, none but Persons of known integrity and abillity, And if any Clarks, or Persons so imployed, shall be found faulty in the premisses, he shall be expulsed the Office, And the Cursitor who so imployed him, shall be answerable to the Court for such Misdemeanours, And such Person, or Persons, who shall be discovered to do, or proceed [Page] otherwise then is before mentioned, shall be lyable to such censure for his offence, As the Court shall find just to inflict upon him.

Petitions.

No Injunction for stay of Suite at Law shall be granted, revived, dissolved, or stayd upon Petition, Nor any Injunction of any other nature, shall passe by Order upon Petition, without notice, and a Copy of the Petiton first given to the other side, And the Petition filed with the Register, and the Order entered.

[Page]No Sequestration, Dismission, Retainers upon Dismissions, or finall Orders, are to be granted upon Petition.

No former Order made in Court is to be altered, or explained upon a Petition; Or Commitment of any Person taken upon Process of Contempt to be discharged, but upon hearing the adverse party, his Atturney or Clark toward the Cause.

Paupers.

AFter an admittance In forma pauperis, No Fee, Profit, or Reward shall be [Page] taken of such party admitted by any Councellor or Atturney, for the dispatch of the Paupers business, during the time it shal depend in Court, and he continued in forma pauperis; nor any Contract, nor Agreement be made for any Recompence, or Reward afterwards. And if any person offending herein shal be discovered to the Court, he shall undergo the displeasure of the Court, and such further punishment as the Court shall think fit to inflict upon him, and the party admitted, who shall give any such Fees or Reward, or make any such Contract or Agreement, shall be from thenceforth dispaupered, [Page] and not be afterwards admitted again in that Suit to prosecure in forma pauperis.

If it shall be made appear to the Court, That any person prosecuting in forma pauperis, hath sold or contracted for the benefit of the Suit, or any part thereof, whiles the same depends, such cause shall be from thenceforth totally dismissed the Court, and never again retained.

Such Councel or Atturney as shall be assigned by the Court, to assist the person admitted in forma pauperis, either to prosecute or defend, may not refuse so to do, unlesse they satisfie the Lord Chancellour, [Page] or Lord Keeper of England, or Master of the Rolls, who granted the admittance, with some good reason of their forbearance.

That Councellour who shall move any thing to the Court, on the behalf of a person admitted in forma pauperis, ought to have the Order of Admittance with him, and first to move the same before any other motion. And if the Register shall finde that such person was not admitted in forma pauperis, he shall not draw up any Order upon the second motion, made by any such Councel, but he shall lose the fruit of such second motion, in [Page] respect of his abuse to the Court.

No process of Contempt shall be made forth, and sent to the Great Seal, at the Suit of any person prosecuting as Plaintiffe in forma Pauperis, until it be signed by the six Clerk, who deals for him and the six Clerks, are to take care, that such processe be not taken out needlesly, or for vexation, but upon just and good grounds, as they will answer it to the Court, if the contrary shall appear.

And lastly, It is Ordered, that all Masters of the Court of Chancery, Councellors, and all Officers, Ministers, Clerks, and Solicitors in the said Court, [Page] do observe these Orders, which are to continue, until upon further consideration and experience, any Alterations shall be thought fit to be made therein.

Clarendon. HAR. GRIMSTON.

FINIS.

THE TABLE.

[Page]

ANswers, and all such Orders as do relate thereunto. fol. 20

Bills, and all such Orders as do relate thereunto. 5

Commissions, and all such Orders as do relate thereunto. 46

Causes to be set down for hearing, and all such Orders as do relate thereunto. 52

Proceedings in hearing of Causes. 55

Contempt, and all such Orders as do relate thereunto. 57

Commitment, and all such Orders as do relate thereunto. 65

Cursitors Proceedings, and all such as do relate thereunto. 80

Depositions, and all such Orders as do relate thereunto, 50

[Page] [Page] Decrees and Dismissions, and all such Orders as do relate thereunto. 68

Exceptions, and all such Orders as do relate thereunto. 24

Examinations of Witnesses, and all Orders relating thereunto. 30

Masters Proceedings, and all Orders relating thereunto. 72

Pleas and Demurrers, and all such Orders as do relate therunto. 10

Petitions, and all such Orders as do relate thereunto. 85

Paupers, and all such Orders as do relate thereunto. 86

Subpoenaes, and all such Orders as do relate thereunto. 8

FINIS.

[Page]

Information about this book

Title statement

A collection of such of the orders heretofore used in Chancery with such alterations and additions thereunto, as the right honorable Edward Earle of Clarendon, lord chancellor of England ... and ... the honorable Sir Harbottle Brimston, Barronet, master of the rolls, have thought fit at present to ordaine and publish for reforming of several abuses in the said courts, preventing multiplicity of suits, motions, and unnecessary charge to the suiters, and for their more expeditious and certain course for relief.

England and Wales. Court of Chancery.

Edition statement

1661

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2003-01 (EEBO-TCP Phase 1).

ID [DLPS]

A33868

ID [STC]

Wing C5198

ID [STC]

ESTC R30918

ID [EEBO-CITATION]

11690269

ID [OCLC]

ocm 11690269

ID [VID]

48191

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A33868)

Transcribed from: (Early English Books Online ; image set 48191)

Images scanned from microfilm: (Early English books, 1641-1700 ; 1482:21)

Source

— A collection of such of the orders heretofore used in Chancery with such alterations and additions thereunto, as the right honorable Edward Earle of Clarendon, lord chancellor of England ... and ... the honorable Sir Harbottle Brimston, Barronet, master of the rolls, have thought fit at present to ordaine and publish for reforming of several abuses in the said courts, preventing multiplicity of suits, motions, and unnecessary charge to the suiters, and for their more expeditious and certain course for relief., England and Wales. Court of Chancery., Clarendon, Edward Hyde, Earl of, 1609-1674., Grimston, Harbottle, Sir, 1603-1685..

Extent

61, [i.e. 91], [3] p.

Printed for Henry Chase and are to be sold at his shop ... and by Humphery Tuckey ...,. London :: 1661.. (Page 91 incorrectly numbered 61.) (Imperfect: pages have print show-through with some loss of print.) (Reproduction of original in the Harvard Law School Library.)

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