s 107 082 Ij't^ RYfl/r Z! r r r\ Yi I n n n - o /^ 5 = ! ft - o % ^ i ir" i ^ LJ o ::; ^' ^ j \~r* * ^ >^~N O f ft ' f ft f j_ 3 MT~-~i ^_ Jxj ( I"/O i r ? ^ I SM O t^ 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