June 1654: An Ordinance for Reviving the Court of the Dutchy of Lancaster.

Page 916

Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.

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June, 1654.

[9 June, 1654.]

The Court revived onely as to causes depending; Commissioners and Judges appointed.; They shall be Keepers of the Seal, and they or one of them exercise the power of Chancellor.; Orders, Judgements and Decrees in such causes shall be of the same force as others have been.; Officers shall attend, and may take such Fees as formerly.

Whereas divers Suits have been begun in the Court of the Dutchy of Lancaster, commonly called the Court of the Dutchy Chamber of Lancaster at Westminster, some whereof are ready for hearing, others cannot proceed but remain there undetermined, in regard there is no Person authorized as Judge to hear and determine the same, to the great prejudice of such Persons whom the Causes aforesaid do concern; for remedy whereof, Be it Ordained by His Highness the Lord Protector of the Commonwealth of England, Scotland and Ireland, by and with the advice and consent of His Council, That the said Court of the Dutchy Chamber of Lancaster at Westminster, and all Pleas, Precepts, Writs, Proces, Demurrers, Commissions, Depositions, Bils, Answers, Replications, and all other matters, concerning any the Suits in that Court depending or begun, be, and hereby are revived, for the intent and purpose onely that all the said Causes and Suits already begun or depending in the said Court may be there proceeded in, heard and determined. And for that purpose also John Bradshaw Serjeant at Law, and Thomas Fell Esq; are hereby constituted and appointed Commissioners and Judges, and they or one of them, are hereby authorized to Hear and Determine all Suits and Causes formerly begun, and yet depending and undetermined in the said Court and no other; and may sit as well out of the Term, as in Term, as oft as they shall see Cause, until the said Causes be all fully heard and determined. And that the said John Bradshaw and Thomas Fell shall be keepers of the Seal of the Dutchy of Lancaster, and they or one of them shall and may use and exercise and put in execution all Powers, Jurisdictions and Authorities that any Chancellor of the Dutchy of Lancaster of right should or might have done, until the said Causes and Suits heretofore begun, and yet depending undetermined in the said Court be finally ended and determined: And all Orders, Judgements and Decrees to be made in the said Causes begun, and yet undetermined by the said Commissioners as aforesaid, according to the Rules of Equity, and the Customs and Usages of that Court, shall be of the same force and validity, as any other or former Orders, Judgements or Decrees in the said Court have been or ought to be; and shall be observed executed and obeyed by all persons whom the same may concern. And all officers usually attending the said Court, are hereby authorized and enjoyned again to attend the said Court according to the duty of their several Offices and Places during the Continuance thereof, according to the true intent and meaning of these presents, unless they shall be removed upon just Cause. And the said Commissioners and other Officers shall and may, during the time aforesaid, and no longer, take and receive such Fees and Perquisites, as formerly of right belonged and appertained to their several Places.