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 GENERAL ORDERS, &c. 
 
 IN THE 
 
 HIGH COURT OF CHANCERY.
 
 LONDON : 
 PRINTED BY SAMUEL BENTLEY, 
 
 Dorset Street, Fleet Street.
 
 GENERAL ORDERS, 
 
 RULES, MEANS, AND SUGGESTIONS, 
 
 FOR THE 
 
 REMEDY OF SUNDRY ABUSES 
 
 IN THE 
 
 Court of 
 
 [NOW FIRST PRINTED.] 
 
 EDITED BY 
 
 ANTHONY HART RAWLINS, ESQ. 
 
 OF THE MIDDLE TEMPLE, BARRISTER AT LAW. 
 
 LONDON: 
 SAUNDERS AND BENNING, 
 
 SUCCESSORS TO JOSEPH BUTTERWORTH AND SON, 
 
 42, FLEET STREET. 
 1831.
 
 Ann 
 
 NOTICE. 
 
 THE publication of these " Orders" and 
 " Means," for restraining and remedying sun- 
 dry abuses in the Court of Chancery, may pro- 
 bably meet its full extenuation in the fact of 
 their having never before appeared in print. 
 
 Without entering on the question of the 
 validity of proceedings opposed to a general 
 order, or the extent of an undisputed practice 
 capable by implication to subvert a solemn 
 ordinance of the Court,* it may be sufficient 
 to observe that, when considerable alterations 
 in the regulation and practice of the Court are 
 in contemplation, it would appear not unreason- 
 able to consider the emendatory orders already 
 
 * See Pref. to Beanies' Orders,
 
 VI 
 
 in existence, and the means and suggestions 
 already designed for the improvement of the 
 same system. 
 
 Important as some of the contents of these 
 pages undoubtedly are, their existence appears 
 scarcely to be known, beyond the publicity 
 which a few have received through their adop- 
 tion by Lord Bacon, and by some of his suc- 
 cessors to the Seals, as their own Orders. 
 
 The Ordinances of Lord Egerton, and the 
 Orders for the Regulation of the Six Clerks, 
 are those announced for publication from a 
 MS. in the possession of Mr. Robertson ; the 
 other MSS. referred to in the following sheets 
 are contained in the Collection at the British 
 Museum. 
 
 10, New Square, Lincoln's Inn. 
 Hilary Vacation. 1831.
 
 CONTENTS. 
 
 ORDERS taken as touching the Chancery by the Lord 
 Keeper S r Thomas Wriothesley, after Earle of Southamp- 
 ton, 37 Hen. VIII. die Sabbati 9 die Maii, and in the 
 end of the Booke of Acts, Orders, and Decrees for that 
 yeare and Anno 36, now remayning with the Register of the 
 Chancery . . . Page 1 
 
 Orders explained by Mr. Crooke, 15-54, upon the Estate 
 of the Chancery Courte . . 5 
 
 An Order taken by the Right Hono ble S r Nicholas Bacon, 
 Knight, Lord Keeper of the Great Scale of England, 3 Maii, 
 20 Eliz. 1578 . ... 14 
 
 Ordinances provided in Easter Terme, A 38 Eliz. Reginse, 
 by the Right Hono ble S r Thomas Egerton, K*, Lord Keeper 
 of the Greate Scale of England, for the remedy of sondrey 
 Abuses in the High Court of Chancery . .10 
 
 4 Oct r . 1614. Some Notes touch* the pr'ced'gs of the 
 Chasey . . . . .26 
 
 Orders published in the Court of Chauncery, by the Right 
 Hon ble Thomas Lo. Ellesmere, Lord Chauncellor of England, 
 11 Octobris 1614, 12 Jacobi Regis . .28 
 
 1614. Certayne generall Rules and Orders observed by 
 the Lord Chauncellor in his Judyciall p'ceedinge in Chaun- 
 cery . . . . .30
 
 Vlll CONTENTS. 
 
 Orders agreed upon by all the Six Clarkes for the better 
 government of themselves and theire Clarkes in the exercise 
 of theire severall offices . . .35 
 
 Addic'onall Rules for the better governing of the Court 
 of Chancery and the Create Scale . . 39 
 
 Means to restraine the multitude, length, and charge of 
 Suites in Chancery . . . .43 
 
 Petition of John Baron, Councellour of the Hono ble Court 
 of Chancery, to the Right Reverend Ffather in God, Stephen, 
 Bishopp of Wynchester, and Lord Chancellor of England 49
 
 ORDERS taken as touching the Chancery by 
 the Lord Keeper S r THOMAS WRIOTHESLEY, 
 after EARLE or SOUTHAMPTON, 37 Hen. 
 VIII. die Sabbati 9 die Maii, and in the end 
 of the Booke of Acts, Orders, and Decrees 
 for that yeare and Anno #6, now remayning 
 with the Register of the Chancery.* 
 
 1. That no ordinary proces doe passe to the 
 Scale, the Court sitting, but the same be first 
 p'used and plyed by some one of the M rs of the 
 Chancery, upon payne of imprisonment to him 
 that shall exhibitt to the Scale ; and if he offend 
 againe, to be punished att y e King's Ma ties 
 pleasure. 
 
 2. Item, That no Sup'sedeas for the peace 
 bee put to the Scale without a transcript thereof 
 bee delive'd unto one of the Clerks of the Petti- 
 bagg, in the Tearme tyme, and in the Vacac'on 
 
 * Harl. MSS. No. 39. fo. 125. Lansd. MSS. No. 163. 
 fo. 230. 
 
 B
 
 tyme to the Comptroller of the Hanap' or his 
 deputy. And that the same Sup'sedeas be 
 endorsed w th the name of the M r of the Chan- 
 cerye in whose name it is putt forth. 
 
 3. Item, Matters determynable before anie 
 of the King's Presidents to be remaunded thi- 
 ther, unles some just cause be alledged in the 
 bill whereby the matter should be retayned. 
 
 4. Item, That noe Injunction or Certiorari, 
 nor Corpus cum causa, bee put to the Seale by 
 any p'son unles my Lord's hand be to the Writt, 
 except the same bee graunted in the Court by 
 the M r of the Rolls in the Lord Chancellor's 
 absence, and in that case the M r of the Rolls to 
 put his hand to the said Writt. 
 
 5. Item, That Mondayes, Wednesdaies, and 
 Fridaies in the Terme, be appointed for Orders 
 onely, and the other three dayes for Hearinge. 
 
 6. Item, That noe Comission be graunted 
 Ad examinandum Testes but for impotencye 
 and age, or els by the great distance of the 
 way, and according to the old Order of the 
 Court. And the same Comission to be
 
 granted by the assent of both the p'ties, or their 
 Councell, if they can agree ; and if the Comis- 
 sion bee graunted at the suite of thone p'tie's 
 behalfe, and thother will not attend, then a 
 charge to be given to him to whome such 
 Comission is graunted to give reasonable warn- 
 ing to the other p'tie to bring his witnesses 
 before the Comission rs , upon payne of frus- 
 trating his Comission by his not giving sufficient 
 warneing to the other p'tye to bring his wit- 
 nesses before the Comissioners upon paine of 
 frustrating his Comission. Then the same party 
 nor his Councell to be admitted to plead in delay 
 of that Comission retorned. The not examine- 
 ing of witnesses for his part, nor the partiallity 
 of the Comission rs except hee sueth a Sup'sedeas 
 in discharge of that Comission afore the Court 
 the retorne thereof reviueth. And noe Sup'- 
 sedeas to bee graunted but uppon great proof of 
 partiality, or some other such cause as the Court 
 shah 1 thinke sufficient. 
 
 7. Item, That the Six Clerks, during the 
 tyme of the Court, doe stand at the barrs of the 
 Chancery, three on thone side and three on 
 
 B2
 
 4 
 
 thother, giveing attendance att the Court with- 
 out speakeing and cryeing, but when they shal 
 bee comaunded by the Court. 
 
 8. Item, That no p'son that writeth to the 
 Scale do fraudently convey, or willingly con- 
 sent or suffer to be conveyed, an ye manner of 
 profitt that should grow unto y e King's Ma tie , 
 the Lord Chancello r , or the M r of the Tlolls, 
 by vertue of their offices, upon paine of ex- 
 pulsion out of the Court, with such other 
 paines as for the case shall bee thought con- 
 venyent. 
 
 9. Item, That no Subpena bee put to the 
 Scale unlesse there bee a bill in to serve the 
 Court, signed with the hand of the maker of 
 the said bill, uppon payne of costs to bee levy- 
 ed of the Clarke or his Ma r that made the 
 Processe.
 
 ORDERS explained by M 1 CROOKE, 1554, 
 upon the Estate of the Chancery Courte.* 
 
 IN the old Orders of Chauncery it is found 
 theis necessary officers and ministers have bene 
 admitted to write to the Seale, videl't : 
 The Clarke of the Crowne. 
 The Prothonotary. 
 The xij Masters of the Chancery, in w ch 
 
 nomber the M r of the Rolls is one and the 
 
 Prothonotary is an other. 
 The 6 Clarkes beinge Attorney es onely in the 
 
 Chauncery, and writing in the M r of the 
 
 Rolls his name. 
 The 3 Clarkes of the Petty bagge writinge in 
 
 the M r of the Rolls' name, and the two 
 
 Examiners writinge in the M r of the 
 
 Rolles name. 
 
 * Lansd. MSS. N 163, fo. 141. Harg. MSS. N 249, fo. 
 180. In fo. 15, N 189, Harg. they are entitled, " A Decla- 
 ration of the Estate of the Court of Chancery sett down by 
 M r Crooke, 1554."
 
 6 
 
 One other, the M r of the Holies Clarke in his 
 houshold. 
 
 There were 12 Bowgiers of old tyme, of w ch 
 nombre the Clarke of the Crowne was one 
 and chief. Every of them * might have a 
 Clarke at his findinge.f 
 
 Twelve Curcisters, every one to write in his 
 owne name, and of old tyme with his owne 
 hand. But of late it hath bene suffred and 
 
 * " The Eleven." Harg. N 189, fo. 15. 
 
 t "In a MS. formerly belonging to Mr. Powle, Master of 
 the Rolls, intitled, Ordinances explained by Mr. Crook upon 
 the Estate of the Chancery Court, Anno 1554, in the Library 
 of the late Lord Somers, fol. 73, it is said, There were twelve 
 Bougiers of old time, of which number the Clerk of the Crown 
 was one, and chief, and every one of the eleven other might 
 have one clerk at his finding. Twelve Cursitors to write 
 every one in his own name. The Bourgiers and Cursitors be 
 admitted by the Master of the Rolls only. Note, Mr. Crooke 
 was a Master in Chancery." Jud. Authority of the Master 
 of the Rolls, p. 43. Many of the MSS. of Lord Somers 
 were unfortunately consumed by fire, in which number, it 
 is believed, the MS. here alluded to was included. The 
 MSS. formerly belonging to Lord Somers, now existing, 
 are in the possession of Lord Hardwicke. Mr. Robertson is 
 indebted to Lord Eastnor for this information, and for his 
 kindness in endeavouring to discover the MS. itself in the 
 library of Lord Hardwicke.
 
 licenced unto some of them to bring up 
 
 a clarke to write to the Scale. 
 Likewise there were 3 or 4 Clarkes of the 
 
 Anmore at meate and drinke in the Lo. 
 
 Chauncelor's house, w th for their diett 
 
 served the poore suiters w th their p'ces 
 
 without ffee. 
 
 Theis bene all the officers and ministers that 
 of old tyme did use to write to the Great Scale, 
 saveinge that the Clarke of the Crowne, the Six 
 Clarkes, and the Clarkes of the Petybagge were 
 never stinted to any nombre of clarkes, for 2 
 causes. One was for and in considerac'on of 
 bringing up of youth ; and the other more 
 speciall for the redy dispatch of the Kings 
 busines and his subjects. 
 
 The Lord Chauncelor hath his diett out of 
 the Hanap' towards such charges as he is and 
 was wont to be at, of which charges some be 
 nowe out of use, as to have in Terme tyme 
 such M ri of the Chauncery as would come to 
 his house to be at his table, and a Chauncery 
 table in the hall for their Clarkes.
 
 All kinde of comissions and confirmac'ons 
 of treaty betweene Prince and Prince, and all 
 consultac'ons, belonge to the Prothonotary 
 onely to make. The guifte of benefice of the 
 King's patronage of xx tie Ib and under be in the 
 distribuc'on of the Lord Chauncelor, the old 
 rate xx tie marks ; but because the Cardinall 
 being Lord Chauncelor did pr'sent in the 
 King's name his clarkes to benefices of twenty 
 pounds by yeare, all Lord Chauncelors since 
 have done likewise, and soe may doe iustly, 
 because they have the office in tarn amplis modo 
 et forma. 
 
 The M rs of the Chauncery may make all 
 kinde of patente comissions and writtes (ex- 
 cept such as belongeth to the Prothonotary, the 
 Clarke of the Crowne, the Six Clarkes, and 
 Petty bagge) and all other com on p'ces, except 
 such as belonges to the Crowne, and they made 
 all writtes of Sup'sed's onely ; they may take 
 oathes in all cases in the Chauncery in cases 
 there dependinge or p'ces issuing ; also take 
 knowledge of Deeds and Recognisanc's and ex- 
 amine Exemplificac'ons and Confirmac'ons.
 
 9 
 
 JBowgiers might write as before and examine 
 Exemplificac'ons and Confirm ac'ons, but nei- 
 ther take oathes nor knowleges, nor make Su- 
 p'sed's. 
 
 Curcisters and all other Clarkes may write as 
 before, except Sup'sed'. 
 
 All M 1S of the Chauncery bene admitted and 
 sworne by the Lord Chauncelor onely. 
 
 The 6 Clarkes, the Clarkes of the Petybagge, 
 the 2 Examiners, and the Criar, bene admitted 
 by the M r of the Holies onely.* 
 
 The p'ces that bene before excepted, that the 
 M rs of the Chauncery, nor any other but the 
 p'per Officers may make, be theis, viz. All 
 Comissions and p'ces of the Crowne, and ge- 
 n'ally all p'ces that towcheth eyther life or mem- 
 ber, doth belong to the Clarke of the Crowne 
 to make, and to none other, as Comissions of 
 Peace, Comissions of Eyre and Terminer, Cir- 
 cuite and Gaole deliv'y, and all Writtes of Ap- 
 peale of murder, felony, rape, may me, and such 
 other. 
 
 * See " The Discourse of the Judicial Authority of the 
 Master of the Rolls," p. 42.
 
 10 
 
 All kinds of p'ces whereof record must be 
 made in the Holies by way of inrollment or 
 taking out of any inrollment and Constat and 
 Exempt, shall be made by the 6 Clarkes, or the 
 Clarkes of the Petty bagge. And Writtes of 
 Diem clausit extremum, Amotus, Mandamus, 
 Melius inquirend', Quas Plura, Scir' fac' uppon 
 1'res patente, Recognisance, or other Record, 
 and such like. These p'ces bene indifferent to 
 be made eyther by the Six Clarkes, or the 
 Clarkes of the Petybagge; the Evamyners* and 
 the M r of the Rolles Clarke havinge recourse to 
 the Recorde may make the same. 
 
 All patents for Sheriffes and Escheators 
 and all kinde of p'ces that is awarded in the 
 courte after the suite comenced, as Attachm ts , 
 Compulsaries, Injuncc'ons, Comissions, to exa- 
 mine witnesses, Writte of P'cedend', Execucon 
 upon Judgmente, and such like, should be 
 made by the 6 Clarks onely, and Comissions 
 for Subsidie, Relief, Disme, and such other, to 
 
 * " The Examyners" omitted in Harg. No. 189, fo. 17.
 
 11 
 
 be made by the Six Clarks, and alsoe the Writte 
 of Parliament. * 
 
 * In the House of Commons, anno 43 Eliz. 
 
 " A question grew whether warrants from this House for 
 writts to be made to elect new Burgesses should be directed 
 to the Clerk of the Crown or the Lord Keeper. 
 
 It was said my Lord Keeper was of opinion they should be 
 directed to him, as to the principal judge in the Court, and 
 not to a Minister of the Court, and that so had been the an- 
 tient use, and stood most with the honour of the House. But 
 a precedent was vouched of 23 Eliz. 18 Martii 1580, whereby 
 it appeared, that it was ordered that no writt for the election 
 of a new Burgess ought to be awarded but by a warrant from 
 this House directed to the Clerk of the Crown, according to 
 the antient jurisdiction and authority of the House in that 
 behalf used. Whereupon a committee was appointed to con- 
 sider hereof, and that the Clerk of the Crown and the Clerk 
 of the Petty-Bag should be warned by a Serjeant to attend 
 the Committee with their precedents, 13 Nov. 1601. The 
 Committee report that the Clerk of the Crown did shew some 
 precedents in one Parliament directed to the Clerk of the 
 Crown, and others left indifferently without any direction. 
 But one Browne, an old clerk in that office, affirmed that for 
 36 years, to his remembrance, the writts have been made in 
 that office without contradiction, by warrant from the House; 
 which warrants going from one officer to another are lost. 
 The Clerks of the Petty-Bag could shew only two precedents 
 of writts in 35 Eliz., made in their office, but could not shew 
 the warrants. At last ordered, that the warrants should be 
 directed, and not left indifferently without any direction, to 
 the Clerk of the Crown, 14 November 1601. This is to be 
 understood only of such writts as are made sitting the Par- 
 liament, and not otherwise." MS. Com. Journal. 43 Eliz.
 
 12 
 
 The Six Clarks have the inrollm 1 of all 1'res 
 patente made by any of the Chauncery (ex- 
 cept it be by the Clarke of the Pettybagge) in the 
 Terme tyme, and out of the Terme soe longe as 
 they keepe Comons together, and the Lord 
 Chauncelor lye at London, Westm 1 , or the 
 suburbes of London, and doe seale there; yf 
 the Lord Chauncelor in the Terme tyme seale 
 at any other place then in London, Westm r , or 
 within the suburbes of London, then the Ridinge 
 Clarke onely hath the inrollement. And after the 
 Terme and Comons broken, the Ridinge Clarke 
 hath in some places the inrollment of all patents 
 made by any of the Court (except the residue of 
 the SLv Clarks and Petybagge w ch have their owne 
 inrollments in that tyme and place.} 
 
 All Owstre le Maynes, Monstrans de Droit, 
 Petic'ons of Right, Restituc'ons, Liveries speciall 
 and gen'all, Writte of Dower, Elegit, Levari fac', 
 Lib'ates upon execuc'on of the Statute for debte, 
 Cu stumers, Plingers, Gaigers, Searchers, Con- 
 trollers of Custome, and gen'ally all such p'ces 
 where the M r of the Rolles hath a ffee, belong
 
 13 
 
 to the Pety Bagge to make, excepte Sheriffs 
 and Escheators and finable writts. 
 
 The Pety Bagge must inrolle the Comissions 
 of Subsidy, Releife, and such other, and also 
 the Writte of Parliament, and make thePawne.* 
 
 The Clarke of the Crowne, the Clarke of the 
 Hanap', and the Ridinge Clarke, have allowance 
 for their chambers and diett in the Lord 
 Chancellor's house, for themselves or their de- 
 puties, one Clarke and one horsekeep a peece ; 
 the Sergeant at Armes and one servant, the 
 Sealer and the Chafer of waxe, and all theis 
 except the Clarke of the Hanap' have allowance 
 for their horses when the Lord Chauncelor 
 doth jorney and not otherwise. The Clarke of 
 the Hanap' hath his allowance for horsemeate in 
 his 1'res patente. 
 
 * " Payne" Harg. No. 189, fo. 18.
 
 14 
 
 AN ORDER taken by the Right Hono ble S r 
 NICHOLAS BACON, Knight, Lord Keeper of 
 the Great Seale of England 3 Mali, 20 Eliz. 
 
 1578.* 
 
 WHEREAS divers tymes p'sons before this 
 tyme appearing upon Attachments or other 
 proces of Contempt to answere the same Con- 
 tempts by them comitted against her Ma tie in 
 this Court, have procured their appearances to be 
 recorded by theire Attorneyes, by an entry made 
 into the Register of this Court, and thereupon 
 have dep'ted in further contempt of this Courte, 
 and often tymes (as it is to bee thought) the 
 said Contempts are secretly agreed and com- 
 pounded for betweene the saide partyes, and 
 thereby this Court hath not onely bene de- 
 frauded and abused but Justice hath also bene 
 thereby much hindred. Ffor remedy whereof 
 it is ordered that from henceforth noe entrye 
 bee made by any of the Attorneyes into the 
 * Had. MSS. No. 39. fo. 218.
 
 15 
 
 Register of this Court of any appearance uppon 
 any Attachment or Comission of Rebellion, 
 but that the partye or parties soe appearinge 
 shall first enter into sufficient bond by obliga- 
 tion to this Court to bee taken by the Register 
 of this Court w th condicon to attend from day 
 to day, and not to depart untill hee shal be 
 thereunto specially lycensed by this Court.
 
 16 
 
 ORDINANCES provided in Easter Terme 
 A 38 Elize Reginas, by the Right Hotio ble 
 S r THOMAS EGERTON, K e , Lord Keeper of the 
 Create Seale of England for the remedy of 
 son drey abuses in the High Court of Chan- 
 cery.* 
 
 1. IF the suggestion of any bill of Comp 11 
 hereafter to be exted into this Court shall 
 
 * MS. in the possession of Mr. Robertson. Copies of these 
 Orders are contained in the following MSS. Lansd- No. 163, 
 fo. 216, also on fo. 223; Hart. No. 39, fo. 115; Harg. No. 
 227, fo. 479, and in Harg. No. 249, fo. 228. b. In the MS. 
 last referred to they are entitled, " Ordinances agreed upon in 
 A prill 1596 A. R. Eliz. by Sir John Puckering, then Lord 
 Keeper, and by Sir Thomas Egerton, then M r - of the Rolls, for 
 remedy of sundrie abuses in Chanceries all w ch were published in 
 Easter Terme nexte following, 24 May, Sir Thomas Egerton 
 being then Lord Keeper. In the Discourse of the Judicial 
 Authority of the Master of the Rolls it is mentioned that, " In 
 an ancient MS. of Mr. Powle formerly Master of the Rolls, 
 p. 143, it appears, that certain Ordinances were agreed upon 
 by Puckering, Lord Keeper, and Egerton, Master of the Rolls, 
 in April 1596, for remedy of sundry abuses in Chancery; 
 which Ordinances were published on the 24th day of May
 
 17 
 
 uppon the hearing of the cause be found untrue, 
 the compl* shall pay to the defend 4 his utmost 
 costs and charges to be assessed by the Court. 
 
 2. If any bill, answere, replicac'on or reioyn- 
 der, in this Court, shall be founde to be of an 
 imoderate and needles prolixity, then the Coun- 
 cellor under whose hand it shall passe shall, for 
 such his abuse to the Court, be fined fforty shil- 
 lings or more by the consideration of the Court, 
 and yet nevertheles the former orders made 
 against the partyes in such case shall remaine 
 in force. 
 
 3. No M r in Chancery takeing the affid* for 
 serving of any proces, or for any contempt, shall 
 therein admitt the swearer to depose any matter 
 tending to the proofe or disproofe of the title or 
 principall matter in question by that suite. 
 
 4. Every of the Six Clarkes in Chancery 
 shall be limitted and stinted to eight Clarkes at 
 
 following by Egerton, then Lord Keeper and Master of the 
 Rolls, wherein it is said, That no Writs o/Ne exeat Regno, 
 Prohibition, Consultation, &c. should pass without the haiul of 
 the Lord Keeper or Master of the Rolls ," &c. Jud. Auth. 
 p. 54. See Order 11. 
 
 C
 
 18 
 
 the most, to serve imediately under him, where- 
 of five at the least shall be expert in writing 
 the Chancery Letter, and each of those eight 
 shall take a corporall oath before the M r of the 
 Holies to keepe safely and secretly all Depo- 
 sic'ons returned that shall come to his hands, 
 untill the publicac'on thereof shall be graunted 
 by the Court, neither shall any of these eight 
 keepe any Clarke under him that shall receive 
 any Deposic'ons retorned, nor any other then 
 such as shall practize the writing of the Chan- 
 cery Letter.* 
 
 * " The establishment of the officers of the Court of Chan- 
 cery, properly called the Sworn or Sixty Clerks, but com- 
 monly called Clerks in Court, appears to have arisen from 
 the necessity the Six Clerks were under, as the business on 
 the Equity side of the Court increased, of taking other clerks 
 to assist them. These assistant clerks it was afterwards 
 found convenient, about the year 1596, to put upon some 
 regular establishment, as officers of the Court ; before which 
 time they had not any fixed character. Accordingly, in 1596, 
 Sir Thomas Egerton, (afterwards Lord E/lesmere,) then Lord 
 Keeper of the Great Seal and Master of the Rolls, made an 
 order, that each of the Six Clerks should be limited to eight 
 Clerks at the most (which number was afterwards increased, 
 first to nine, and then to ten) to serve under him ; and that 
 each of them should take an oath of office," &c. Exparte 
 The Six Clerks. 3 Ves. 589.
 
 19 
 
 5. All copies in Chancery written on paper 
 shall contayne fifteene lines in every sheete 
 thereof, written orderly and unwastfully, unto 
 w ch shall be subscribed the name of the prin- 
 cipall Clarke in the office where it is written, 
 or of his deputy, for whom lie will arts were, for 
 w ch onely subscripc'ons no fee shall be taken. 
 
 6. All Comissions henceforth to be awarded 
 for examinac'on of wittnesses shall be super 
 Interns inclusis onely, and noe returne of de- 
 posic'ons into this Court shall be received, but 
 such onely as shall either be comprized in one 
 Roll, subscribed w 11 ' the names of the Com", 
 or els in divers Rolls, whereof each one to be 
 so subscribed. 
 
 7. No witness shall be examined by the Ex- 
 aminer in this Court, without the privity of the 
 adverse party, or of his Attorney, or of one 
 of his Attorney's Clarkes here attendant, to 
 whome the person to be examined shall be 
 showed, and his proper name and place of 
 dwelling shall be notified in writing, by such 
 as shall produce him, unles, that uppon cause 
 
 c 2
 
 20 
 
 showed, it shall be otherwise ordered by the 
 Court. 
 
 8. No Examiner in this Court shall use any 
 idle repetic'ons or needles circumstances in the 
 setting downe of the deposic'ons taken by him. 
 
 9. All acknowledgments of Recognizances, 
 Indentures of bargaine and sale, and of other 
 writings, shall be taken in the presence of one 
 of the clarkes of the inrollments, or of one of 
 their deputies, and shall be enrolled, kallendred, 
 and in all points ordered according to her Ma ts 
 Ordinances thereof contayned in her Highnes 
 Letters Patten ts in that behalfe, Dat. 18 
 Novem. A regni suse 16. 
 
 10. No writt of Scir' Fac' or als : Scir' Fac' 
 w th Antedates uppon Recognizances, Scir' Fac' 
 uppon Recognizances not enrolled, nor uppon 
 Recognizances enrolled, unles the writt be ex- 
 amined w lh the Record, shall henceforth, in 
 any case, be awarded.* 
 
 * Instead of " shall henceforth," &c. as in the text, the 
 Lansd. MS. has " shall passe uthout the hand of the L. Keeper 
 or Master of the Rolls." Lansd. N 163, fo. 22S, B.
 
 11. No writt of Ne exeat Regno 
 
 2. Prohibic'on nor consultac'on.* 
 
 3. Sup'sedeasf for the peace, or for the 
 
 good behaviour. \ 
 
 4. The Statute of Northton. 
 
 5. Certiorari speciall. 
 
 * Prohibition (Prohibitio) is a writ to forbid any C* to pro- 
 ceed in any cause there depending, on suggestion that the 
 cognizance thereof belongeth not to that Court. Fitz. N. B. 
 39. It is generally taken against the Court Christian's inter- 
 ference in a matter belonging to a temporal jurisdiction. 
 Consultation (Consult atio) is a writ whereby a cause, being 
 removed from the Ecclesiastical to the King's Court, is re- 
 turned thither. This writ is in the nature of a procedendo. 
 Properly a consultation ought not to be granted, except 
 where a man cannot, by the common law, recover in the 
 King's Courts. New Nat. Brev. 119. 
 
 t Supersedeas is a writ that lies in a variety of cases. It 
 signifies the command to stay or remove some ordinary pro- 
 ceeding at law, on good cause shewn, which ought otherwise 
 to proceed. Supersedeas for the peace is issued out of the 
 Chancery where he, against whom a supplicant has issued, 
 has found sureties in the Chancery that he will do no hurt 
 nor damage to him who hath sued the writ, &c. commanding 
 the justices and sheriff that they surcease to arrest him, &c. 
 or compel him to find sureties, &c. and if they have arrested 
 him for that cause, and no other, that then they deliver him. 
 Fitz. N. B. 236. 80. 
 
 I Abearing. Lansd. 163, fo. 223, B.
 
 22 
 
 6. Comon certiorari, or procedendo more 
 
 then one onely in one cause. 
 
 7. Supplicavit special!.* 
 
 8. De non pon' in Assisis.f 
 
 9. Mittim' of any record, or of the teneer 
 
 or transcript thereof. 
 
 10. Corpus cu' caussa, and 
 
 11. Habeas corpus. 
 
 12. De vi laica amovend' 
 
 * Supplicavit is a writ issuing out of Chancery for taking 
 surety of the peace. " If a man be in variance with other 
 men, and he be in doubt that damage or hurt will come unto 
 him, or his servants or his goods, by reason of this variance, 
 then he shall have a special writ against them directed unto 
 the Sheriff, that he cause them to find security that they do 
 not damage or hurt him in his body, or his servants, or other 
 his goods, in sum certain," &c.. Fitz. N. B. 80. 
 
 f etJuratis. Lansd. 163. 224. "The writ cfe non ponen- 
 dis in assisis fy juratis is grounded upon the stat. of West. 2. 
 c. 38, and upon the stat. articuli super chartas, c. 9, which 
 statutes declare what persons the sheriff ought to impanel, 
 and what number he ought to impanel, in juries and inquests, 
 and the writs declare the effect of the statutes." Fitz. N. B. 
 162. 
 
 J " Mittimus" is a writ by which records are transferred 
 from one court to another. It appears that a record from a 
 superior to an inferior court, if denied, must be certified into 
 Chancery by Certiorari, and thence sent by Mittimus. Dyer, 
 28 and 29 Hen. 8. fo. 32. b. 
 
 ^ " Breve deVi Laica removenda." Fitz. Natura Brev. 54.
 
 23 
 
 shall passe without the hand of the .Lord 
 Keeper or M r of the Rolls. 
 
 12. No Exemplificac'on or Constat* shall be 
 made of 
 
 1. Letters Patents (inter alia) omitting any 
 
 point thereof extending to the whole. t 
 
 2. Any deposic'on by parcells omitting 
 
 the residue. 
 
 3. Deposic'ons in Court to w ch the Exami- 
 
 ner's name is not subscribed w th his 
 hand. 
 
 4. Records made voyde, or cancelled. 
 
 5. Records of this Court not being enrolled 
 
 nor filed, nor of records of any other 
 
 This writ is to put an end to a disturbance in the possession 
 of a church. 
 
 * A Constat is so called, because, after the King's style, it 
 begins with this word. 5. Co. 54. It is a certificate of what 
 does stand upon record touching the matter in question. It 
 is superior in its nature to an ordinary certificate, as it con- 
 tains nothing but what is evident on record. The Exemplifi- 
 cation under the Great Seal, of the inrolment of any letters 
 patent, is called a Constat. See 3 and 4 Ed. 6. c. 4. 13 
 Eliz. c. 6. Co. Lit. 225. b. 
 
 t N 163. Lansd. fo. 224, after the word "whole" has 
 the following addition : " records made void or cancelled'
 
 24 
 
 court before that the same be duely cer- 
 tified hitherto and orderly filed here. 
 
 6. Decrees of this Court not enrolled. 
 
 7. Any record by the onely sight and exa- 
 
 minac'on of any copie in paper but up- 
 pon the examinac'on of the originall. 
 
 13. No Inriotescimus or Vidimus,* nor Ex- 
 emplificac'on or Constat, shall be made of any 
 deede or writing enrolled not being duely ac- 
 knowledged, unles the Lord Keeper or M r of 
 the Rolls, being first made privy thereof, shall 
 by writing under the hand of one of them 
 allow the same to passe. 
 
 14. All writts, certifficates, and whatsoever 
 other proces Retorn coram D'na Regina in 
 Cancel!', shall be brought into the Chappie of 
 the Rolls w'thin convenient tyme after the re- 
 torne thereof, and shall there be filed uppon 
 theire proper files and bundells, as they ought 
 
 * " An Innotescimus and Vidimus are all one, and are 
 always of a charter of feoffment or some other instrument 
 which is not of record." 5 Co. 54.; but see Co. Lit. 225.b. 
 They are letters patent so called from their concluding, ' inno- 
 tescimus per proesentes,' or from their commencing ' Vidimus 
 quoddam scriptun-,' &c. 5 Co. Page's Case.
 
 25 
 
 and were wont to be, except the Deposic'ons of 
 wittnesses, w c!l may remaine w th any of the Six 
 Clarkes by the space of one yeare next after 
 that the Cause in Court shall be either deter- 
 mined by decree or otherwise dismissed. 
 
 15. All Injunc'ons shall be enrolled, or the 
 transcript thereof filed, to the end that yf occa- 
 sion be, the Cort may take order to award 
 writts of Scir' fac' thereuppon, as in auncient 
 tyme hath beene used. 
 
 16. All Comissions that passe the Create 
 Seale shall be enrolled, or the transcript thereof 
 filed, as of auncyent tyme hath beene used. 
 
 17. That some speciall en trey be made aswell 
 of dayes given by the Court to SherrifFes to 
 returne theire writts and bring in theire pri- 
 soners, and all bonds by them taken to her Ma ts 
 use, and also of all such fines and amercements 
 as shall be ymposed uppon them by the Court, 
 and that proces shall be made thereuppon to 
 levy all such forfeytures, penaltyes, fines and 
 amercements, as shall or ought thereby to ac- 
 crew or become due to the Queenes Majesty.
 
 4 Oct r . 1614. SOME NOTES touch g the 
 pr'ced'gs of the Chasey.* 
 
 [This title is endorsed in a handwriting different from that 
 of the " Notes."] 
 
 1. YF a replicac'on be not put in the Tearme 
 next after the answere, then dismission in the 
 second Tearme is graunted by course of the 
 Court. 
 
 2. Yf nothinge be done in twoe Tearmes af- 
 ter Replicac'on, the cause is uppon moc'on to be 
 dismissed w* costs. Soe that if eyther of the 
 p'ties thinke good, they maie have there cause 
 ended by Dismission or Decree w'hin a yeare 
 and a haulffe at the furthest after the bill, and 
 in those Causes that cometh into the Court w ch 
 are Dismissed or Decreed, there is vi s viii d due 
 to the M r of the R'lls. 
 
 3. In everie Dismission that is not uppon 
 hearinge, the PP maie put in a newe bill. And 
 
 * Lansd. MS. N 163, fo. 228.
 
 27 
 
 the f" 1 !' Dismission shal be noe plea in ban- 
 thereof. 
 
 4. By Debatinge of the cause amongest 
 Counsellors, tyme is mispent, and that beinge 
 taken awaie, there maie be twise as many or- 
 ders graunted as otherwise there would be. 
 
 5. Noe Comission to take Answere w'hout 
 order of the Court, for otherwise it bringeth 
 onely benefitt to the vj Clerk and great delaie 
 to the subject. 
 
 6. Uppon grauntinge of a Comission to the 
 Deft to take his answere the PP maie move 
 for an Injunction untill the Deft answere and 
 further order. 
 
 7. Uppon evry contempt by the Deft in 
 not appearinge unto a subp' that was served 
 uppon him, the Pl't' maie move for an Injunc- 
 tion.
 
 28 
 
 ORDERS published in the Court of Chaun- 
 cery, by the Right Hon ble THOMAS Lo. 
 ELLESMEKE, Lord Chauncellor of England, 
 11 Octobris 1614, 12 Jacob! Regis.* 
 
 BILLS and answers of excessive length, and 
 filled w th imp'tinent matter, are to be reformed, 
 and costs in such cases. 
 
 Bills be sufficient, if the matter be plainely 
 expressed, and answeres that be good to comon 
 intent. 
 
 Marchants' accompts and such like are not to 
 be exaied in the Chauncery, for none is to ac- 
 compt upon oath, but to y e King onely. Yet 
 frawd and covyn is to be exaied and punished. 
 
 Bills to staie payment of debts w ch are due 
 by Statute, Recognizance, Obligac'on or Bill, are 
 not to be allowed, unlesse it be in speciall cases, 
 where there is no willfull default, or grosse 
 
 * Lansd. MSS. No. 163. fo. 232. The title is indorsed 
 on the last page of the MS.
 
 29 
 
 negligence ; and the like for Condic'ons broken 
 upon Leasses, Mortgages, &c. 
 
 Men to be releived for debts growing upon 
 usurious bonds or contracts, and not to be left 
 to the lawe ; albeit the contracts were for x 1 in 
 the hundred, and not above. 
 
 Noe Iniunction to staie the comon lawe after 
 judgment, virdict or yssue, but in case where 
 there is priority of suite in the Chauncery, and 
 the same followed w th effect. 
 
 Noe speciall Certiorar' after judgment, ver- 
 dict, or yssue at the comon lawe, but where 
 there is prioritie of suite, ut supra. 
 
 Where Iniunctions and Decrees are willfully 
 disobeyed, and contempned, fynes are to be 
 taxed and paid into the Hanap' according to the 
 booke 10 Hen. 7. fo. 4.
 
 30 
 
 1614. CERTAYNE GENERALL RULES 
 and ORDERS observed by the LORD 
 CHAUNCELLOR in his Judyciall p'ceedinge 
 in Chauncery.* 
 
 THAT noe matter grounded upon a verbal 
 promyse made for payment of money, shall hold 
 plea or be releived in Chauncery. 
 
 That noe matter grounded upon a Lease poll 
 shall hold plea or be releived. 
 
 That noe matter grounded upon a will nun- 
 catyve shall be releived. 
 
 That noe matter grounded upon a Lease for 
 1000 yeares, or 500 yeares, or for any extraor- 
 dinary terme, shal be releived; for all such 
 Leases are supposed to be made either upon 
 trust or upon fraude. 
 
 That Statutes acknowledged w lh out defea- 
 zaunces ought to have noe good allowance ; for 
 y* is all way es supposed to be donn upon trust, or 
 of purpose to defeate Credyto rs . 
 
 That noe matter for a legacy risynge out of 
 
 * Lansd. MSS. No. 163, fo. 226.
 
 31 
 
 a personal! estate (and not yssueynge out of 
 p'ffy te of lands) ought to be releived in Chaun- 
 cery : yet of late his Lo pl> hath altered that rule, 
 and hath in some cases admytted suyte for 
 p'sonall legacyes, w ch before his Lo pp ' s tyme were 
 very unusuall. 
 
 That noe matter ought to be releived in 
 Chauncery agaynst a discent at comon lawe, 
 agaynst a recovery, or a fyne leavyed and 5 
 yeares expired, but only in cases of Mor l>ge where 
 extreamyties or advan 1 ' 8 * have been taken, and 
 therein neyther discent nor fyne shall barr the 
 pl ts releife; Quia haeres tenetur ex dolo defuncti. 
 
 That the equity of a cause may be exaied 
 and releived in Chauncery after judgment and 
 execuc'on passed att comon lawe. 
 
 That noe matter for goodes or chattels under 
 the value 10, nor for landes under the value of 
 xl s . p. ann. ought to hold plea in Chauncery. 
 
 That yf any p'ty be under contempt at a 
 Comission of Rebellion, he ys not to be heard 
 in Courte, by his Councell or otherwise, untyll 
 he submytt himself and cleere the contempt.
 
 32 
 
 That a verball p'myse or contract made for 
 assurance of lands, yf any money be payed, shal 
 be releived in Chauncery, because att comon 
 lawe the p'ty cannott have remedy for the 
 thinge in kinde contracted for, but onely da- 
 mages. 
 
 That causes of Symony and Usury are not 
 examynable in Chauncery. 
 
 That yf bondes or specyaltyes for paym* of 
 money be made above xv en yeares past in tyme, 
 and noe demande sythence of the debt or suyte 
 comenced for y t : upon those bondes the p'cee- 
 dinge at comon lawe ys usually stayed by 
 Iniunccon. Quia tanto tempore transacto, &c. 
 
 That yf any Defend' make default of app'- 
 aunce or aunswere, and be under attachm* or 
 contempt, and p'seinteth any suyte att the 
 comon lawe against the PI*, an Iniuncc'on ys 
 usually graunted to stay the Def l ' s suyte at the 
 comon lawe, untill he make aunswere in Chaun- 
 cery and the Courte take further order. 
 
 That where damage ys to be gyven for for- 
 bearance of money due by bondes or otherwyse
 
 33 
 
 yf yt be taken upp att interest, the Lord 
 Chauncellor useth to gyve very small or noe 
 damage : holdinge usury to be hatefull and 
 unlawfull ; but the last M r of the Holies would 
 in those cases gyve 10' p 100 1 and sometymes 
 more for damages. 
 
 That noe Iniuncc'on ought to be graunted 
 for stay of suyte at comon lawe upon any 
 acc'on of the case, acc'on of covenenant, acc'on 
 of accounpte or of trover. 
 
 That no Iniuncc'on shal be graunted for stay 
 of any suyte att comon lawe upon bondes or 
 specialtyes made for payment of money, unles 
 the Pl t>s byll be exhibyted into the Chauncery 
 before yssue ioyned att comon lawe. 
 
 That noe Iniuncc'on ought to be graunted 
 (when the Def* hath aunswered and ys not in 
 contempt) unles some matter appe' oute of the 
 Def t>s aunswere to move the Courte thereunto. 
 
 That after an Iniuncc'on graunted, yf the 
 PI* delay p'ceedinge twoe Termes, the Iniunc- 
 c'on is to be dissolved. 
 
 That after a p'fert aunswere putt in by the 
 D
 
 34 
 
 Def, yf the PI* putt not in a Replycac'on the 
 next Terme after, the Def 1 ys dismissed w th 
 xlvi s . viij d . costs, the third Terme, of comon 
 course wi th out moc'on.
 
 35 
 
 ORDERS agreed uppon by all the Six Clarkes, 
 for the better government of themselves and 
 theire Clarkes in the exercise of theire seve- 
 rall offices.* 
 
 FIRST, that noe Bill or Pleading be filed with- 
 out the hand of one of the Six Clarkes, or in his 
 absence, of his deputy specially appointed for 
 that purpose to warrant the same ; and yf any be 
 that findeth the fault, to have the client arid 
 the profitt of the cause. 
 
 That no Six Clarke take lesse uppon his re- 
 tainder then 3 s . 4 d . and soe termely during the 
 con ty nuance of the cause, and likewise the due 
 ffees for copies, patents, and proc's at the deli- 
 very of the same, without abating any part of 
 theire ffees or dutyes directly or indirectly to 
 gaine clyents, forma pauperis warranted by the 
 Court, and priviledged persons onely excepted. 
 
 * MS. in the possession of Mr. Robertson ; also in No. 
 227 Harg. fo. 485, and in No. 249, Harg. fo. 230. 
 
 D 2
 
 36 
 
 That no Six Clarke shall ioyne in Retainer 
 with any of his fellowes or intermeddle there- 
 w ? th, without the request of his fellowes, and 
 that w'thout ffee. 
 
 That no Patent Corn' or Writt be delivered 
 but by the hand of the M r , or of such one suffi- 
 cient Clarke as he shall appoint. 
 
 And whereas the Right Hono ble the Lord 
 Keeper, amongst sundrey other most profitable 
 and laudable orders, hath lately reduced and 
 stinted us to the number of eight Clarkes apeece : 
 nevertheless uppon our moc'on to his Lord pp 
 for the trayning upp of youth, aswell in writing 
 of the hand, as also for instrucc'on in the service 
 and practice of the Court his L pp thinkes it fitt 
 that every of us may from tyme to tyme 
 give leave and licence to such three or fower 
 Clarkes at the most in every of our offices to 
 keepe and bring upp one Clarke under every of 
 them, and not above, as every of us six in our 
 perticuler offices shall appoint or recommend 
 unto them. 
 
 If any of our Clerkes or any serving under
 
 37 
 
 them be putt from theire service, or depart, noe 
 other to take any of them w'thout the consent 
 of the Six Clarke in whose office he or they 
 served. 
 
 That no Clarke hereafter be allowed to writt 
 under any of the Six Clarkes, that shall serve 
 any other man or shall have any other office or 
 Deputac'on. 
 
 That for avoiding of delay in coyning of 
 Com 8 the P f be ready with his Com rs ' names 
 and futerrs* at the retorne of every Spa n ad 
 reiungendu', and the Defend' likewise w th his 
 imediately after the rule ad reiungendu' is past, 
 or in default thereof, he that is ready at those 
 tymes may take his Com' Ex-parte. 
 
 That fowre or three of the Six Clarkes not 
 being towards the cause, uppon any disagree- 
 ment in naming of Com", may order the same, 
 to avoyde charge of the subiect for moving of 
 the Court ; and when any Com' is agreed uppon, 
 the Attornys on both sides, or one of theire 
 Clarkes specially appointed on both sides, shall 
 
 * Sic MSS. Query, ' In future ?'
 
 38 
 
 sett theire hands to the agreement, whereby no 
 alterac'on be had of the Com rs ' names agreed on. 
 Lastly, if any Clarke impugne these orders, 
 or any of them, then he or they to receive such 
 paine, by expulsion or otherwise, as the greater 
 number of the Six Clarkes for the tyme being 
 shall thinke fitt.
 
 39 
 
 ADDIC'ONALL RULES for the better 
 governing of the Court of Chancery and the 
 Create Scale.* 
 
 THAT noe compulsary orders be graunted to 
 enforce Creditors to conforme themselves and 
 agree unto any rate or composic'on at the suite 
 or petic'on of the Debtor or Insolvent himselfe, 
 but onely at the suite of the Creditors, and ac- 
 cording to the equity of the Statutes of Bank- 
 rupts. 
 
 2. That when such suite is exted in the 
 behalfe of the Creditors, yt be not enough that 
 the Creditors be named in the bill or petic'on, 
 but that there shall allwayes be affixed to the 
 bill or petic'on the agreement of the Creditors 
 
 * These " Additional Rules" are contained in Mr. Robert- 
 son's MS. and immediately follow a copy of " Ordinances 
 made by the Lord Chancellor for the better and more regu- 
 lar Administrac'on of Justice in the Chancery, to be duely 
 observed, saveing the Prerogative of the Court," which are 
 Lord Bacon's, and have several times appeared in print. A 
 copy of Lord Bacon's Ordinances is found in the Had. MSS. 
 N39, fo. 193, but the " Additional Rules" are not there.
 
 40 
 
 under the hands or markes of so many as have 
 agreed w 1 ' 1 a recitall of the some, and tymes of 
 theire perticuler debts. 
 
 3. That noe reliefe be given uppon any 
 such bills or suites, except the debts of the 
 Creditors that have agreed amount at least to 
 full 3 parts in fowre to be devided of the totall 
 of the debt, and not in those cases neither but 
 sparingly, by the discrec'on of the Court uppori 
 hearing what may be alleadged on both sides. 
 
 4. That to the end there may be a ground 
 of informac'on unto the Court what the debts 
 are in truth, w ch otherwise may be but in 
 showe, there shall be allwayes, before any order 
 graunted, a reference made to some of the 
 M r! of the Court, or other Comissioners, uppon 
 due examinac'on, to certifie the Court what 
 the debts are, and of what nature, and uppon 
 what security, before w ch M rs or Comissioners 
 shall also be heard the informac'on and allega- 
 c'on of such Creditors as have not compounded. 
 
 5. That noe proceedings at the lawe in case 
 of any such suites, be stayed against suertyes
 
 41 
 
 of the Insolvent, or against the landes or goods 
 of the Insolvent himselfe, in case of Recogn', 
 Statute or Judgment, but onely against the 
 person of the Insolvent. 
 
 6. That noe Writts of Privilege be graunted 
 generally to protect any manner of person, 
 though otherwise duely priviledged, but onely 
 to alter the Court, and drawe the suite into 
 Chancery, where the attendance is, and the 
 Clarkes are to take knowledge that noe Writte 
 of Privilege passe in any forme. 
 
 7. That for such as are privileged not in 
 respect of office or attendance, but onely as 
 suitors in the Court of Chancery, theire privi- 
 ledge to be understood to extend but onely to 
 the tymes of goeing or comeing to attend 
 theire cause. 
 
 8. That whereas in the former generall rules 
 the Court hath declared in what cases orders 
 may be made uppon petic'on, and in what not, 
 that, in case any petic'on shall be obtayned con- 
 trary to the tenor of the said orders, the Regis- 
 ters enter noe rule nor order thereuppon, ex-
 
 42 
 
 cept they first doe attend the Court for a spe- 
 ciall direcc'on, that surrepc'ous obtayning of 
 orders uppon petic'ons may be avoyded. 
 
 9. That the Register take noe warrant from 
 any councellor at lawe, party, or other mes- 
 senger, for the conceiving or entring of any 
 order whatsoever, but that at his perill, that 
 he take yt from the mouth of the Court in 
 writing. 
 
 10. That noe order whatsoever, except De- 
 cree or finall orders uppon hearing, be received 
 to be entred after the space of eight dayes, to 
 be reckned from the tyme of the order pro- 
 nounced or graunted, and in case of cause to 
 be showed, at the least three dayes before the 
 day appointed for showing of cause.
 
 MEANS to restraine the multitude, length, 
 and charge of Suites in Chancery.* 
 
 THE ffirst is that noe originall processe of 
 Subpena bee graunted w'thout moc'on firste 
 made and allowed in Court that the case is 
 receaveable there, for soe finde we the ancient 
 41. custome to have bene.f And that the Chan- 
 cellors (upon some difficultye growing) have 
 bene pleased to call some Judges of the Comon 
 Lawe to the conference, whether (as the case 
 stood) a Subpena ought to bee graunted or noe. 
 And that this proces ought to followe, not 
 pr'ceed the suggestion and bill in Chancery. 
 It appeareth yet still in every bill that is 
 there exhibited, the petic'on whereof is to have 
 the graunt of a Subpena to call the party to 
 
 * Harl. MSS. N 39, fo. 105. Harg. MSS. N 227, fo. 
 493, and N 249, fo. 234. 
 
 f In copies of four several editions of the Statutes seen 
 by the Editor, there are no Acts of the 9th, 10th, or llth 
 years of this reign.
 
 44 
 
 his answer. The discontinance of which one 
 observac'on leaveth the Chancery doore wide 
 open to every man that will enter without 
 knocking, whereby the Court is no lesse trou- 
 bled and pestered with causes w ch upon hearing 
 are inst'ly dismissed, then it is with those that 
 be proper for that jurisdiction and hearing. 
 Against this, if any man shall object that, That 
 it is no more reason to restraine the first proces 
 of this Court then of the other Courts at the 
 Comon Lawe where every man may sue without 
 any such moc'on first made, I answer that at 
 the Comon Lawe of antient course the Pl f ought 
 to putt in Sureties de clam ore suo prosequendo, 
 and is yet fineable for his false clayme if it fall 
 out againste him, besides the which the Comon 
 Lawe hath ordinary and regular actions accord- 
 inge to the nature of each man's case. But 
 whether the Chancery ought to give helpe, or 
 noe, lyeth not in any rule, but is in the onely 
 brest and conscience of the Judge, who ought 
 to be first moved and consulted for it. 
 
 2. The next is not myne, but the resolution
 
 45 
 
 of the Parliaments 37 Edw. 3, cap. 8. 38 Kd. 
 
 3, cap. 9. 17 Rich. 2, cap. 6. 15 Hen. 6. cap. 
 
 4, whereof the laste requireth bond of the PI' 
 for proofe of his suggestions in Chancerye ; 
 wherein if he faill, hee shall give good damages 
 to the party molested by him, the practize 
 whereof might restraine many for feare that 
 now sue for vexac'on of others, more than for 
 right to themselves.* 
 
 The third is, that in these daies comonly 
 
 * These statutes of Rich. II. and Hen. VI. are unrepeal- 
 ed. The former declares, " Forasmuch as people be com- 
 pelled to come before the King's counsel, or in the Chancery 
 upon writs grounded upon untrue suggestions ; that the 
 Chancellor for the time being, presently after that such sug- 
 gestions be duly found and proved untrue, shall have power 
 to ordain and award damages according to his discretion, 
 to him which is so troubled unduly, as afore is said :" The 
 latter directs that " no Writ of Subpoena be granted from 
 henceforth until surety be found to satisfy the party so 
 grieved and vexed for his damages and expenses, if so be 
 that the matter cannot be made good, which is contained in 
 the bill.' A practice contrary to these enactments can be of 
 no importance; for whatever doubt may exist as to the force 
 of an Order opposed to a long established practice, no ques- 
 tion can be entertained of the supremacy of an act of the 
 Legislature, in opposition both to the orders and practice of 
 the Court, however long they may have prevailed undisputed.
 
 46 
 
 order is given upon every moc'on, wherby coun- 
 ter moc'ons doe begett certaine orders, and the 
 Courte is occupied much, but little it proceed- 
 eth Penelopes Telam texens atq. retexens 
 where it should rather bee considered whether 
 the moc'on doe tend to the very end of the 
 cause, or bee grounded upon urgent reason, then 
 howe gratious the mover is, or what faere shewe 
 it self hath. And rather to reserve the judgment 
 thereof to the finall hearing of the cause, then 
 to crosse the course and to prolong the suite by 
 admitting it. Ffor many thinges are moved, 
 debated, and ordered also interlocutorily, and 
 in the way (as it were) w ch might better expect 
 the end, sentenceing and decreeing of the whole 
 suite, not onely without any hinderance to the 
 p'ty, but with much better speedinge of the 
 buisynes and ease of the Courte itself. 
 
 4. Ffurther the buisynes of this Court is 
 not a little increased by comitting things to 
 Report that might with lesse labo r of the Court, 
 charge of suitors, and expence of tyme bee 
 determyned there : ffor albeit that matters of
 
 47 
 
 accompts, posall of writinges, conferences of 
 sundry and long bills or pleadinges, examina- 
 tions of contempts, and many other matters, 
 may and must bee comitted to report for the 
 ease of the Co rt , expedic'on of the cause, and 
 for giveinge waye to other thinges that bee 
 more important and readie for y e hearinge ; 
 yet a short point of a Demurrer, a moc'on of 
 an insufficient answer drawne to the head, 
 and sundrie other p'ticulers may be sooner 
 resolved by the present opynion of the Court 
 then by reference to such a Report, because 
 many tymes the same may be decided there in 
 as little space as it is opened and comitted ; 
 whereas, upon bringing in of the Report the 
 Court must afford it a second time at the least. 
 Besides w ch , now and then such challenge is 
 made to the Report it self, that a newe comitt- 
 ment followeth, and therwithall a new worke 
 is begunne. And there is no doubt that 
 many doe the more boldly demurr in hope to 
 wynne tyme by comittment, who, if the Court 
 it self were judge of the causes of their De- 
 murrer, would not dare soe often to offer it.
 
 48 
 
 5. Lastly, considerac'on is also to be had of 
 the new devised manner of Crossebilling, w ch at 
 the least tendeth to delay, and at the worst be- 
 getteth p'iurye. Ffor remedy whereof, it were 
 good that after answer upon the Cross bill the 
 whole cause of both the bills were examyned 
 by one comission and determyned by one 
 heareinge : And that noe Crosse bill be admit- 
 ted after Replication putt in, and Reioynder 
 made in y e first bill.
 
 [THE following bill is inserted more as a 
 matter of curiosity, than from any application 
 likely, at this day, to result from it, as a sub- 
 ject of precedent.] 
 
 1557. 
 
 * To the Right Reverend Ffather in God, 
 Stephen Bishopp of Wynchester and 
 I^ord Chancellour of England. 
 
 IN most humble wise sheweth unto your 
 good Lordshipp your daily orator, John Baron, 
 the oldest Councellour now remaining in this 
 Hono ble Court of Chancery, that whereas till 
 now of late daies the greatest number of the 
 Masters in Chancery were from their youth 
 brought up in the said Court, which had not 
 only perfect knowledge in the course of the 
 said Court, but alsoe were expert in all kind 
 of Writts, as well Originalls as Judicialls, con- 
 tained in the Registers and other books, at w ch 
 
 * Harg. MSS. No. 189, fo: 10. 
 E
 
 50 
 
 time no Writt did pass the Scale untill such 
 time as it was examined, it was true and agree- 
 able to the Register, and alsoe in true course and 
 fair written, it was then plyed up by the said 
 Master, and put into the plie bagg; and when 
 all the Writts were so examined and put into 
 the said bagg, then if my Lord Chancellour did 
 not seal at that time, then the said bag was 
 sealed up with the Scale of the Master of the 
 Rolls for the time being, if he were there 
 then present, and in his absence with the 
 Scale of the most ancient Master then being 
 present, and, so sealed, delivered to the Clerke 
 of the Haniper, or his deputy for the time 
 being, who had the custody thereof untill 
 such time as the Lord Chancellour, or the 
 Keeper of the Great Scale, for the time being, 
 did scale ; so that then no Writt did pass the 
 Scale except it were true and in course, and 
 also fair written, but was rejected and put 
 back from the Seale. By means whereof, the 
 youth then being in the Court, did not only 
 practice to write faire, but also studied and
 
 51 
 
 applyed their whole mind to have knowledge 
 and cuning, without which they were at 
 that time fully perswaded not to come to any 
 promoc'on in the said Court, nor yet to be 
 any gainer ; ffor at that time none of the 
 Masters of the Chanceryes Clerks, nor none 
 of any of the other officers' Clerks of the said 
 Court (the Master of the Rolls' Clerke only ex- 
 cepted) had the whole profitts of any kind of 
 Writts comeing to their hand and saveing three- 
 penny Writts and sixpenny Writts, untill such 
 tune as for his cuning and long continuance in 
 the Court he should be habled by the whole 
 Court to be a Cursitor, and to make Writts and 
 Process in his own name ; and so being habled, 
 by the most ancient Master of the Chancery 
 there then present, presented to the Master of 
 the Rolls for the time being ; and then the Mas- 
 ter of the Rolls admitted him, and gave him 
 his oath, which was then great encourageing to 
 the youth in the said Court, to apply them- 
 selves to get knowledge and cuning, without 
 w ch they know perfectly they would be no
 
 52 
 
 gainers, nor admitted to be a Cursitor, nor to be 
 one of the Master of Rolls his Clerks ; for at 
 that time the Master of the Rolls would re- 
 ceive none to be his Clerks to have course to 
 the Records, but such as he should be perswa- 
 ded by the Officers of the said Court to be of a 
 long continuance, and also of the most know- 
 ledge in the Court (except Offic") ; and all 
 offices, after the death of any of the officers, 
 being in guift of the Master of the RoUs, the 
 eldest Clerke of the Master of the Rolls 
 Clerkes was preferred to the said office. And 
 now at this present time there is not one of the 
 Masters of the Chancery (Mr. Croke only ex- 
 cepted, who now discontinueth and cometh 
 seldome there, the more pitty is,) which hath 
 been brought up in Chancery, and hath know- 
 ledge in all kinde of Writts. And although the 
 residue of the Masters in Chancery be of much 
 worship, and the greatest number of them very 
 well learned in the Civill Law, yet for that 
 they have not the knowledge of the course and 
 nature of Writts contained in the Register, they
 
 53 
 
 suffer their Clerks which write in their names 
 to have the whole proffitts of all kind of Writts, 
 and other things comeing to their hands ; by 
 reason whereof, whereas, when their Masters 
 had the proffitts of all things comeing to their 
 hands, except the threepenny Writts and six- 
 penny Writts, as is aforesaid, they studied and 
 applied their minds to have cunning and know- 
 ledge, now their daily study and policie is, with- 
 out knowledge, by all meanes possible, as well 
 by themselves as by other their ffriends and ac- 
 quaintance, to procure other men's Clients from 
 them ; and divers of them, to attaine their pur- 
 pose, will compound with an Attorney at the 
 Comon Law, to give him the moiety of the 
 ffees of as many Writts as he shall bring to his 
 hands, and some of them will not stick to give 
 three parts of his ffees to the Attorney, and 
 content himselfe with one parte ; so that now, 
 for lack of Masters in the Chancery, which 
 ought to examine the Writts, every Chancery 
 man, as well the ignorant as the other, plieth 
 his own Writts, and putteth them to the scale
 
 54 
 
 without further examinac'on ; by reason whereof, 
 divers of them many times, being ignorant, 
 put to the Scale some Writts which ought to 
 pay fyne to the Queen's Mai tie ; and also some 
 other Writts, which ought to paye fyne to the 
 Lord Chancellour and the Master of the Rolls, 
 without paying any fyne at all ; by meanes 
 whereof, it is come to pass, that a young Chan- 
 cery man being but of little continuance and 
 less knowledge, doth make and marr more 
 Writts in a Terme, then an old Chancery man 
 haveing knowledge doth make in an whole 
 yeare: May it, therefore, please your good 
 Lord pp , that for as much as the Court is now 
 so farr out of order, it may be brought to passe, 
 by your wisdome arid pollicie, that the youth 
 in the Court may be compelled to have know- 
 ledge before they have the whole proffitts of 
 things comeing to then- hands, which doe passe 
 the Scale, which, if by your good Lord pps wis- 
 dome and pollicie shall be brought to passe, ye 
 shall not only doe acceptable service to the 
 Queen's Mai nie , and the common wealth, but
 
 55 
 
 also be an occasion that the Court of Chancery 
 within a short time shall florish in knowledge 
 better than it hath done any time within this 
 ffortie and four yeares paste, and your said 
 orator shall daily pray, &c. 
 
 LONDON: 
 PRINTED BY SAMUEL BZNTLEY, 
 
 Dorset-street FleeMtreeti
 
 J I v 
 
 IMii i%il