May 1644
[15 May, 1644.]
Who shall sign Writs of Error.
The Lords and Commons assembled in Parliament, taking
into consideration the great prejudice and inconvenience that
may and doth accrue to the Subject by the stopping and delay
of Writs of Error, and also by discontinuing of Writs of Error by
the Courts not sitting in the Exchequer Chamber, and by the
not effectually putting in execution the Commands of the Great
Seal of England, ordained and established by both Houses of
Parliament; do Order and Ordain, That all Writs of Error
brought in any of His Majesties Courts at Westminster, sealed
with the said Great Seal, and attested under the Hands of any
three or more of the Commissioners of the said Great Seal,
whereof one Lord to be one, shall be signed by such of the
Judges as are or shall be the ancient Judge then attending the
said Courts, or any of them respectively; and that such signing
by any one of the said Judges, in the absence or vacancy of the
Chief Justice, or any other ancient Judges, shall be as good and
effectual, as if the same had been signed by the Chief Justice, or
other ancient Judge, any Law, usage, or other matter to the
contrary thereof notwithstanding. And be it further Ordained,
That whereas divers Writs of Error returnable in the Exchequer
Chamber are discontinued by the not coming of the Judges there
without any default of the parties prosecuting the said Writs, Be
it Ordained, That new Writs of Error being taken out, the
Judges of the Court to whom they shall be directed, shall allow
of the said Writs of Error in the same manner as they allowed
the former Writs, that so Execution may be stayed till the same
can be determined; And that all Judges, Officers, and Ministers,
and other persons, shall duly perform, obey, and execute all such
things as they or any of them shal be commanded or required
to do in their several Offices or Places, by force and vertue of the
said Great Seal, as they should or ought to have done by force
or vertue of any Great Seal of England, under pain of answering
their contempt therein to both Houses, and loss of their
places.