[21 August, 1654.]
For the better regulating and limiting the Jurisdiction of the
High Court of Chancery, and to the end that all proceedings
touching relief in Equity, to be given in that Court, may be with
less trouble, expence and delay then heretofore, It is hereby
Ordained by His Highness the Lord Protector, by and with the
consent of his Council,
The Attorneys in Chancery, their Number, Fee and Duty.
That from and after the Two and twentieth day of October
One thousand six hundred fifty and four, there shall be a certain
number of Attorneys in Chancery, not exceeding Threescore, who
shall be nominated by the Master of the Rolls, out of such of the
present Clerks in the Six Clerks Office of the Chancery, or others,
as shall be of ability and honesty (and from time to time in case
of death or removal, to be supplyed by his nomination) who being
approved by the Lords Commissioners, shall be by them sworn
attorneys in the said Court, and shall receive the Three shillings
four pence, Termly fee, which formerly the six Clerks received,
and shall solicite and manage each Clients Cause without
receiving any more for their pains or solicitation, then the said
Fee of Three shillings four pence.
Three chief Clerks instead of six.
That from and after the time aforesaid, in stead of the six
Clerks in Chancery, there shall be three chief Clerks, and no
more. And that Lawrence Maidwel Matthew Pindar and Robert
Hales Esquires, shall be, and are hereby made and constituted
the first three chief Clerks, and that in case of death or removal
of any of them, the said chief Clerks shall be nominated from
time to time by the Master of the Rolls, and approved by the
Lord Chancellor, Lord Keeper, or Lords Commissioners for the
time being; and that the persons before named to be the present
chief Clerks, and such as shall hereafter be named and approved
as aforesaid, being admitted in such manner as the six Clerks
formerly used to have been, shall do, execute and perform all and
every matter and thing which the six Clerks heretofore might
and ought to have done, except intermedling in any Cause as
Attorneys; and that from and after the time aforesaid, no other
person or persons shall use or exercise the Office of a Six Clerk in
Chancery; and that the Master of the Rolls do take care that all
the Pleadings, Papers, Books, Proceedings, and all other things
belonging to, or filed in the several Offices of the six Clerks, be
disposed of and filed in three Offices there, and that the Attorneys
aforesaid shall be distributed equally into the said three Offices.
Bills, Answers, Pleadings, shall be filed with the chief Clerk who shall have inspection into the demeanor of the Attorneys.
That all Bills, Answers, Pleadings, &c. shall be filed with the
chief Clerk, in whose Office the Attorney towards the cause for
the Plaintiff is; And that each of the chief Clerks shall have an
inspection into the demeanor of the Attorneys in his Office, that
they do their duties, both to the Court and to the Client. And
where they shall finde any abuse, misdemeanor or unfaithfulness
in any of them, such chief Clerk shall acquaint the Court therewith, who shall examine the same, and give reparation to the
party wronged, and if they see cause, discharge such Attorney
from his place.
Sub-pœna's shall be open, containing as many Defendants as the Plaintiff pleases, at 1s. 6d.
That the first Proces in Chancery be a Sub-pœna, which shall
be open, and that as many Defendants as the Plaintiff shall
desire, be inserted into the same, paying no more than one
shilling and six pence for every Sub-pœna to be thus distributed,
six pence for the Seal, and twelve pence to the Officer.
No Sub-pæna to be sued out until a Bill be filed.
That no Sub-pœna shall be sued out until a Bill be filed, and a
Certificate thereof brought unto the Sub-pœna Office, under the
hand of the chief Clerk or his Deputy, for which Certificate the
said chief Clerk shall receive no Fee.
For nonappearance an Attachment, and how to be executed.
That in default of appearance, upon Oath made of due service,
or in default of an Answer within the due time (security being
put in as is hereafter provided) an Attachment with Proclamation
shall issue to the Sheriff, who shall cause the same to be proclaimed at the door of the Defendants dwelling house, lodging or
last abode, between the hours of ten in the forenoon, and two in
the afternoon, by Bayliffs to be nominated by the Sheriff, or by
special Bayliffs (which shall not be denied, if required) and the
said Bayliffs shall have power for the apprehension of the party
(if need shall be) to break open any house or door where the
party is in the day time. Provided, That if the Warrant be to
special Bayliffs, they shall not break open any house or door, but
in the presence of a constable, who upon the showing of such
Warrant, is hereby required to be assisting unto the said Bayliffs
therein. And if the Defendant cannot be apprehended, nor shall
appear by the return of the Writ, the Plaintiff may renew the
Attachment as often as there shall be cause, which Attachment
shall be in lieu of a Commission of Rebellion and Serjeant at
Defendant shall not be compelled to answer till Security put in to pay Costs.; Security not to be required of Paupers.
The Defendant shall not be compelled to answer until the
Plaintiff with one Surety at least, hath acknowledged a Recognizance before a Master of the Chancery in Ordinary or Extraordinary (the sum not to be under Twenty Marks) conditioned to
pay such costs to the Defendant in that Suit, as the Court of
Chancery shall award, if they see cause to award any, for which
Recognizance there shall be paid Twelve pence onely, and no
more, and such Master of the Chancery shall forthwith certifie
every such Recognizance into the Office of the Pettibag in
Chancery, to be there filed, and the Officer there shall give a
Certificate thereof to the Plaintiff or his Attorney, upon request;
and for the filing such Recognizance, making such Certificate and
keeping an Alphabet thereof, he shall have and receive Twelve
pence and no more; but where the Plaintiff shall be admitted in
forma pauperis, no such Security is to be required.
Defendant may answer before a Master in the Countrey without a Commission.
That where a Defendant might answer by Commission in the
Countrey, he shall not now be inforced to take a Commission,
but without taking any Commission, may answer upon Oath
before a Master of the Chancery in the Countrey in like maner,
and by such time as if a Commission had issued. And that
the Lords Commissioners for the Great Seal do take care, that
for that purpose there be in every County a convenient number
of such of the Justices of the Peace resident in that County, as
they shall judge to be of the greatest ability and integrity,
appointed to be Masters of the Chancery Extraordinary, and
that any such Master, or any Master in Ordinary, after the
Answer so sworn before him, shall sign the same, and give it into
Court himself, or otherwise being sealed up, deliver it to some
person to deliver the same into Court, and to make Oath that he
did receive the same from the hand of such Master of the
Chancery, and that since the receiving thereof, the same hath not
been opened or altered.
Upon delivering in the Answer, the Defendant shall be ready with Commissioners' names.
That upon delivering in the answer, the Attorney for the
Defendant do take care that he be provided with names of
persons for Commissioners to be given by him upon a rule given
Time for Replication or Exceptions to the Answer.
When an Answer is put in, the Plaintiff shall reply within
eight days, if the Answer come in in Term time, otherwise
within four days after the beginning of the next Term, unless the
Plaintiff shall within eight days after the Answer come in, put in
Exceptions thereunto, or procure the cause to be set down for
hearing on Bill and Answer, to be heard the next Term; otherwise
the cause to be dismissed without motion, with costs to be taxed
by the chief Clerks.
No Copies shall be given out till the Pleadings be filed.; Negligence.
That no Copies, shall be given out of any Bill, Answer or other
Pleadings, until the same shall be filed with the chief Clerk; and
that each of the said chief Clerks, where such pleadings shall be
filed, shall by himself and such Clerk as he shall appoint, for
whom he is to answer, upon delivery out of such pleading to be
copied, take the name of the Attorney to whom it is delivered,
subscribed in a Book to be kept for that purpose; and if any
Attorney to whom any pleading is delivered to be filed, shall
neglect to file the same, or after filing, if the Attorney to whom
any pleading is delivered to be copied, shall neglect to bring
back the same in due time, if the same be through negligence,
and not voluntary, he shall make satisfaction to the party
damnified thereby, as the chief Clerks, for the time being, upon
examination thereof, shall award; but if upon such examination
it shall be found that the same was done voluntarily, he shall not
onely make satisfaction as aforesaid, but shall be expelled the
How Exceptions to Answers shall be put in and determined.
That in case the Plaintiff think fit to except to the Answer for
insufficiency, the Plaintiff shall deliver the Exceptions in writing
to the Defendants Attorney within eight days after the Answer
filed, and shall enter the cause with the Register, and in the
same order as they are entred, the same shall be heard by the
Master of the Rolls, who shall appoint one or more days in every
week for that purpose, and at every sitting shall appoint his next
day of sitting, and how many of the said Causes shall be then
heard upon Exceptions in the same order as they are entred, on
which days the parties shall attend at their peril, and the Master
of the Rolls upon hearing thereof, shall give such costs as shall
Time to make a better Answer.
If a Defendant doth appear and answer insufficiently, and it be
so ruled, or shall plead and demur, and the same be over-ruled,
then if upon a rule given he shall not answer within eight days,
the Plaintiff may proceed in such sort as is before directed, ih
case the Defendant had not appeared.
Bills not proper, to be dismissed.
That after an Answer, if it shall appear at any time unto the
Court, that no part of the matter of the Plaintiffs Bill is then
proper for relief in that Court, the Court shall dismiss the Bill
with full costs upon a Bill to be allowed by the chief Clerks;
but if some particular part of the Bill be thought fit by the
Court to be proceeded in, the Court then shall direct the
examination and proceedings upon that particular point, and the
Defendant not be inforced to proceed to examination upon any
Rule to Rejoyn.; Commission ex parte.
The Plaintiff the next day after the Replication filed, or the
same day if he will, shall cause a Rule to be entred for the
Defendant to rejoyn and joyn in Commission, which if the
Defendant shall not do within eight days, then the Plaintiff may
take a Commission ex parte, and the Defendant shall have no
new Commission in that cause.
How Witnesses shall be examined in Court.; No Clerk in that Office shall be a Solicitor.
That no Witness shall be examined in Court, but by one of
the Examiners themselves, unless in case of sickness, and that
one of the Examiners shall examine the Witnesses of the
Plaintiffs part, and the other the Witnesses of the Defendants
part, if any be produced to be examined in Court, and that no
Clerk in that Office shall be a Solicitor upon pain of losing his
That all Commissions for examination of Witnesses shall be
Commissions may go into any place.
That a Commission to examine Witnesses may be issued out
to be executed at any place, as well within ten miles of the
City of London, as beyond it, if the party please.
Commissioners shall be sworn as also the Clerk.
That Commissioners for examination of Witnesses shall take
an Oath before execution of any Commission, to execute the
same faithfully and impartially, which each Commissioner is
impowered to administer to the other; And the Clerk or Clerks
attending such Commissioners, shall take an Oath, which is to
be administered by the Commissioners, to write down the
Depositions of the Witnesses truly and indifferently without
partiality, and a Clause shall be inserted into the Commission
for that purpose.
How Commissions shall be executed
That the Plaintiff having the carriage of the Commission
shall at his peril appoint a day and place for execution thereof,
at least eight days before the return of the Commission, and give
due notice thereof (unless in case where the day and place shall
be agreed by the Attorneys on both sides, before the Commission
go forth) and shall at the day and place appointed, produce the
Commission, and deliver the same to the Commissioners then
present, to the end they may execute the same; or in default
thereof, the Plaintiff shall be absolutely concluded from having
any other Commission, or examining any more Witnesses in
that Cause; but in such case the Defendant shall be at liberty
to take out the then next Term, one Commission (or more) into
several Counties (if he see cause) wherein the Plaintiff may joyn,
but shall not examine. Nevertheless to prevent delay, the
Defendant if he please, may take out a Duplicate when any
Commission is sued out to examine Witnesses; and if the
Plaintiff shall not give due notice to execute his Commission
eight days before the return of the Commission, the Defendant
may execute his Duplicate at any time before the return, giving
notice of the time and place where he intends to execute the
same, one day at least before the execution thereof.
How many Commissions shall be in one Cause.
That there shall be no more then two Commissions at the
most for examination of Witnesses in any one Cause to be
executed in England or Wales, unless where one shall be suppressed; and in case either party have any Witnesses in Scotland, or beyond the Seas to examine, setting down the names of
such Witnesses, and delivering them to the Attorney of the
other side, he may take out a Commission within the time before
limited, wherein the adverse party may joyn, if he will, within
four days after notice, otherwise the Commissions shall issue ex
Provided, That the parties, or either of them (if the Court see
cause) may have several Commissions into several Counties of
the same date.
In what case a second Commission may be had.
That after the execution of one Commission, no second Commission shall be taken out but by Order of the Court, and upon
Affidavit that some material Witnesses, whose names shall be
therein expressed, have been discovered since the execution of
the former Commission, or that some of the Witnesses intended
to be examined at that Commission, and which are material,
could not be found, or by reason of sickness, or like just cause,
could not attend that Commission; in which case onely those
Witnesses which shall be named, shall be examined by such
second Commission, and the same shall issue, and be executed
at the charge of the party praying the same, unless the other
side shall also desire to examine any Witnesses by such second
Commission; and then he shall likewise let down their names.
There shall be but one rule for Publication.
That after the return of a Commission executed, or Witnesses
examined in Court, there shall be but one rule for Publication,
within which time, if the other side do not shew unto the Court
good cause to the contrary, publication shall pass accordingly.
No Order or Direction shall be given but upon motion.
That from and after the Two and twentieth day of October,
One thousand six hundred fifty four, no Order or Direction
concerning any Cause depending in Chancery be made or given,
but upon motion in open Court; that then both parties concerned, or their Counsel, may be heard.
Chief Clerks and Attorneys shall attend the Court.
That the chief Clerks, and likewise the Attorneys, do diligently attend in Court, and do give an account touching any
proceedings in any Cause depending in Court, as they shall be
Fees to the chief Clerk [s].
That the chief Clerks shall have and receive one moyety of the
Fees for copying, and for all other matters and things contained
in the Table hereunto annexed, such and so much of the Fees
therein set down proportionably (with respect to the same, as
they are by the said Table reduced) as the six Clerks formerly
did and might receive.
Rules touching injuctions.
That no Injunction be granted, but upon motion in open
Court, satisfying the Court with such matter, which may induce
the Court in Justice to grant the Injunction; but the Defendants taking a Commission; or fitting an Attachment onely,
shall not be a sufficient ground for an Injunction.
That no Injunction be granted, before the hearing of the Cause,
to stay a Suit at Law, but upon matter confessed in the
Defendants Answer, matter of Record, or in writing under hand
and seal produced in Court.
That no Injunction granted after a Plea pleaded at Law, or
Rules given, shall stop a Tryal at Law, or any Pleadings or
Proceedings preparatory to a Tryal.
That from and after the Two and twentieth of October,
One thousand six hundred fifty four, no Injunction be granted to
stay the Mortgagee from his Suit at Law, till the final hearing of
the Cause; but an Injunction may be granted to prevent the
Mortgagees pulling down Houses, cutting Trees, or making other
waste and spoyl upon the Mortgaged Land.
Irregularity in Proceedings, how to be determined.
That all differences touching Irregularities in Proceedings, or
upon the Rules or course of the Court, shall be determined by
the chief Clerks, or any two of them, whom the Attorneys on
both sides are to attend; and in case either side shall not rest
satisfied with their Judgement therein, they may appeal to the
Master of the Rolls, who upon hearing the Attorneys on both sides
(and the chief Clerks who made the Certificate) if he see cause
shall setle the same, and give costs where he shall finde the fault
References, by whom and how to be heard.
All other References shall be determined by the Masters of the
Chancery in Ordinary, which shall be onely six in number, to be
now, and from time to time appointed by the Lord Protector for
the time being; of which six, three shall sit daily at some certain
publique place, so long as any such References depend, and shall
have a sworn Register to attend them, who shall in presence of
them and the Counsel, read the Notes taken in each Cause upon
any Order made, or Report agreed; and the same being so read,
shall be subscribed by the Masters then present, or any two of
them; and afterwards the Report shall be drawn up by the said
Register, and subscribed by the same Masters, and certified: And
that from and after the Two and twentieth day of October, One
thousand six hundred fifty four, no other person or persons shall
exercise the Office of a Master of the Chancery in Ordinary.
Fees for Reports.
That for every such Report, the party desiring the same, shall
pay unto the said Register Twelve pence for each side of the Report,
and Ten shillings upon every such Report, to be distributed
amongst the three Masters, before whom such Cause was heard,
for which the said Register is to account unto them.
For Orders of Summons.
For every Order which the said Master shall make for new
Appointments or Summons, or of the like nature, the said
Register shall have onely Twelve pence, and no more.
References, in what order to be heard.
That all References made by the Court to the Masters, shall
be set down by the Register, who draws such Order in a Book
for publique view, and shall be heard in their order, as they are
so referred and set down without alteration; Provided there shall
onely eight be put in the paper to be heard at one time, and
both parties are at their peril to attend the same at the time, or
in default thereof, the Cause to be proceeded in as if they were
Mis-information punished in the Counsel.
If any Counsel shal mis-inform the Court of any matter contained in the Pleadings, Proofs or Evidence, whereof he may
have the perusal, or of any other matter whereof his Client did
not inform him, and thereupon obtain an Order, which the Court
shall afterwards see cause to discharge; the Counsel so misinforming, shall be reprehended openly in Court; and before
he shall be heard any more in Court, shall pay Forty shillings to
the party wronged by such mis-information, and Twenty shillings
to the use of the Lord Protector.
In the Client.
But if such information be of matter of Fact, whereof the
Counsel cannot be otherwise certified then by the information
from his Client, Attorney or Solicitor who gave such information,
shall pay Forty shillings unto the party wronged, and shall stand
committed by Order of the Court, till he pay the same.
Affidavits, by whom to be kept.
That from and after the said Two and twentieth day of October,
One thousand six hundred fifty four, every Attorney shall keep
all and every Affidavits, whereupon he shall make forth any
Writ or Proces in his own custody; and shall shew the same to
the Attorney of the other side, and suffer him or any other person to take a Copy thereof, if he shall require it: And that the
senior Register shall appoint a Clerk of honesty and integrity to
attend in Court, and at the Rolls, and at Seals, who shall take
an Oath before the Lord Chancellor, Keeper or Commissioners
for the Great Seal, to be faithful in this Imployment, and
shall receive into his custody all and every Affidavit which shall
be read in Court, or upon which any Order shall be grounded,
and shall duly file the same, and keep an Alphabet thereof. And
in case the party at whose instance such Affidavit was made, shall
have cause to have a copy thereof, he shall pay unto the said
Clerk for the same, Four pence for the filing, and Three pence
for every side for a copy thereof, and the other side, or any other
person desiring it, may also have a copy at the same rate; and
the Register shall have for examining and signing such copy, Six
pence, and no more.
That the former Rules of the Court for admission of Paupers
be duly observed; and in such cases where by the rules aforesaid
costs are to be paid, in case the party who ought to pay the same,
be a Pauper, the Court shall give order, that unless the costs be
paid, such person be whipped or sent to the House of Correction.
Causes shall be heard in order as they are published.
That all Causes shall be set down for hearing, in order as they
were published, without preferring one Cause before another,
and shall be so presented by the chief Clerks, without taking
any Fee for the same; and the Causes being so set down, shall
be heard in the same order.
Every Cause shall be heard on the day appointed.
And that every cause shall be heard the same day on which it
is set down for hearing; and for that purpose, the Lords Commissioners, if there be cause, shall sit for hearing such Causes in
the afternoon as well as the forenoon, except upon Saturdays.
All Causes shall be heard the next Term after publication, or after the Term.
That from and after the five and twentieth day of March, One
thousand six hundred fifty and five, all Causes shall be heard the
next Term after publication, or if they be more in number then
may probably be heard that Term, they shall be set down on
certain days next after the Term, and attended and be heard
upon those days, as if they had been set down for that Term, and
that Sub-pæna's to hear Judgement shall be made returnable
upon such respective days accordingly.
No relief against a Bond onely for payment of money.
That no relief shall be given in Chancery against a Bond
(which is onely for payment of money) to be entred into from
and after the Five and twentieth day of March, One thousand
six hundred fifty five.
That no trust or agreement made or declared after the Five
and twentieth day of March, One thousand six hundred fifty and
five, concerning Lands, or any other thing in the realty, shall be
relieved in Chancery, unless it be contained in writing, and so
averred in the Bill, save in such cases where the possession hath
gone along with the party claiming the trust.
Averment of intentions.
That no Bill shall be admitted, nor any relief given in
Chancery upon averment of any intention of the parties to a
Deed to be made from and after the Five and twentieth day of
March, One thousand six hundred fifty five, other then what doth
appear by the Deed itself.
Relief at Law. Act of Parliament.
That the Chancery shall not give relief in any case where the
Plaintiff can have relief at Law, unless it be for the performance
of the thing in kinde where it cannot be had at Law.
Act of Parliament
That no Decree shall be made in Chancery against an Act of
That from and after the Five and twentieth day of March, One
thousand six hundred fifty and five, Legacies shall be sued for at
Common Law, and not in Chancery.
That from and after the said Five and twentieth day of March,
One thousand six hundred fifty and five, no relief shall be given
in Chancery, on a Mortgage after Three years forfeiture, or unless
the Suit be commenced within one year after the entry and
possession of the Mortgage continued, except upon some new
agreement between the parties themselves in writing, and except
in cases of Infancy, Coverture, non sanæ memoriæ, or beyond
Seas: In which cases the persons concerned shall commence
their Suits within Two years after the disability removed, or in
default thereof, shall be debarred from any relief afterwards; and
in case of such new agreement, the like rule to be observed after
the time, by such new agreement limited, shall be expired.
That in case of Mortgages to be made from and after the Five
and twentieth day of March aforesaid, where the Mortgage is in
possession by recovery at law, or otherwise, he shall not (except
by special agreement in writing) be put to accompt for the yearly
profits accrued after such his entry before the Suit for redemption be commenced, but the same shall belong to, and be retained
by him without accompt, if by his Answer, or at the hearing he
shall elect to take the same in satisfaction of the Interest of his
money whiles he had the possession, except the Mortgager shall
rather elect to be concluded by the Mortgagees examinations
upon Interrogatories concerning the profits by him received.
That such Mortgagee before the Mortgager be admitted to
redeem, shall be paid his whole principal money with damages,
and his full costs incurred before his entry, and also after the
Suit commenced, to be taxed by the Chief Clerks upon a Bill of
Costs, wherein, and in all other cases of Mortgages to be made
from and after the time aforesaid, the Mortgagee shall be charged
(in case the Lands be letten to Tenants) with no more than what
he did, or might fairly have received without fraud, or his own
wilfull default; and where the Lands are unletten, and kept in
his own hands, with no more then four fifth parts of the true
yearly value. But if after such entry any casual profits by Fines
upon Copy-holds, Wood-sales or otherwise, shall be received by
the Mortgagee above the yearly revenue of the Lands mortgaged
then the same shall go in abatement of Principal and Interest
due before such entry. Provided, That where in the cases aforesaid an account shall be, all lawful Taxes, and necessary disburs
ments and allowances shall be allowed to the Mortgagee.
That whereupon a Bill exhibited by a Mortgagee to enforce
redemption, or to have the Estate absolute, a Decree passeth and
is signed and enrolled, the time thereby limited for the payment
of the Mortgage-money with damages, shall not be enlarged
without consent of parties in writing.
Accompt upon Extents.
That where Lands shall at any time from and after the Five
and twentieth day of March aforesaid, be extended upon any
Statute, Recognizance or Judgment, and an account sought to
be had in Chancery, the Tenant by Extent or Elegit, shall not
be put to accompt for more then the extended value, unless the
Suit in Chancery be commenced within one year after such
extent shall be executed, and possession delivered, and enjoyment thereupon accordingly, and that the same Suit be effectually prosecuted, except in the case of Infancy, Coverture, non
sanæ memoriœ, or being beyond the Seas: In which cases, one
year and no more shall be allowed to demand an account in
Chancery, after such disability removed.
That the Office of Register in Chancery shall not henceforth
be executed by Deputies but that, there shall be four Registers
of the said Court.
That the senior of them shall from time to time be Master of
the said Office, and shall have the care, custody and government
of the said Office, and of all the Books of Entries, Reports,
Certificates, Affidavits, and other matters filed there, and also of
the Clerks in the said Office; and shall take care that the
business in that Office be done with faithfulness and diligence
and that no Fees be taken or required, other then what is
contained in the Table hereunto annexed.
That in case of death, or removal of the said senior Register
the next in senority shall succeed in his room; and as often as
any Registers place shall be void, the senior Register for the time
being shall make choice of the most able and honest of the
Clerks in that Office to supply that place, who being presented
to the Lord Chancellor, Lord Keeper, or Lords Commissioners
for the Great Seal for the time being, and by him or them
approved, shall be sworn and admitted.
That each of the said Registers shall have and retain to his
own use, the Fees mentioned in the Table annexed, which shall
be due for any the matters by him done, bearing his own charge,
and his proportion of the Rent of the said Office.
Abuses, misdemeanors or unfaithfulness in Registers.
That the Lord Chancellor, Lord Keeper, or Lords Commissioners for the Great Seal, shall upon complaint to them made
concerning any abuse, misdemeanors or unfaithfulness in any of
the said Registers or their Clerks respectively, have power to
hear and examine the same, and to order reparation to the party
wronged, and also to discharge such Register or Clerk from his
place if they finde just cause.
Orders to be read.
That the Judgment pronounced upon every hearing, and the
rule given on every motion shall be truly taken, and fairly
written by the Register, and openly read before another cause or
motion be begun; to the end if the same be mistaken, it may
be rectified by the Court, and that it be left to the Register
afterwards onely to adde the inducement, or reason of such
Judgment or Order, and other formalities requisite.
Where any Bill shall be dismissed by the rules of the Court
or order before hearing, the Defendant shall have his full costs,
upon a Bill of costs to be allowed by the chief Clerks
Costs by Plaintiff.
Every Plaintiff who shall not in all or some of the matters
complained of, be relieved by the Court upon the hearing, shall
pay the Defendant his full costs upon a Bill of costs to be
allowed by the chief Clerks, or any two of them; and in case the
Court upon the hearing shall finde the Suit to have been
vexatious, the Court shall give additional costs against the
Plaintiff, to be pronounced by the Court at the hearing, besides
the said costs to be taxed upon the Bill.
Every Defendant against whom a Decree is made shall pay
the Plaintiff his full cost to be allowed as aforesaid, unless the
Court shall at the said hearing see cause to mitigate or discharge
the same upon some special reason to be expressed in the
Appeal against Decree.
If any finde him or themselves aggrieved by any Decree which
shall be made in Chancery from and after the two and twentieth
day of October, One thousand six hundred fifty four, then the
party or parties so aggrieved, first performing the Decree in all
points (except in doing such Act which extinguisheth the parties
right at the Common Law, as making of an assurance, releaes
acknowledging satisfaction, cancelling bonds or evidences, or the
like) and depositing the Sum of fifty pounds in the hands of the
Senior Register for the time being, to answer full costs and
charges in travel, attendance, and otherwise to the adverse party,
in case such person be not relieved upon a Petition to be
exhibited in that behalf to the Lord Chancellor, Lord Keeper,
or Lords Commissioners for the Great Seal for the time being,
within three Moneths after the Decree made, having first
performed so much of the Decree as within that time is to be
performed, shall have the cause re-heard upon the proofs and
evidence given at the former hearing, and no other; and that
upon the preferring of such Petition in open Court, the Lord
Chancellor, Lord Keeper, or Lords Commissioners being first
satisfied that the Decree is performed as aforesaid, and the fifty
pounds deposited, shall the next day after, under their or two of
their hands subscribed to the said Petition signifie their allowance of a re-hearing of such cause; and shall send notice thereof
together with the said Petition to the Courts of the UpperBench, Common-Pleas, and Court of Exchequer; whereupon the
said Courts shall appoint six of the Judges, that is to say, two
of each Court (of which six Judges the chief Justice of one or
the Benches, or chief Baron of the Court of Exchequer shall be
one) and shall signifie the same to the Lord Chancellor, Lord
Keeper, or Lords Commissioners, who together with the said
Judges, shall appoint a day for such re-hearing, at which time
the said six Judges or the major number of them shall be
present. And the said Lord Chancellor, Lord Keeper, or Lords
Commissioners, together with the said Judges, or the major
number of them, shall re-hear the said cause upon the proofs
and evidence read and given at the said former hearing and no
other, and shall have power to make void, alter or confirm the
Order or Decree made upon the former hearing, as they or the
major part of them shall think fit. And such Order as shall be
so by them made, shall be final in the said cause, and in case
they shall not see cause to alter the Order or Decree made upon
the former hearing, then they shall order to the adverse party
his full costs upon a Bill thereof to be made and allowed by the
chief Clerks, together with such addition of costs for his causless
vexation, as they shall think fit. Provided, That if the Decree
be for payment of money, the payment of the money into the
Court, shall be accounted a performance of the Decree so far as
to enable the party to have a re-hearing as aforesaid.
Actions by Officers.
That no Defendant who is prosecuted by an Officer, Clerk or
Minister of the Court of Chancery, shall be inforced either to
appear in person in the Pettibag-Office, or to put in any other
Bail then he should do if he were sued in another Court at
common Law by a party not priviledged.
Extortion to receive Fees other then in the Table annexed.
That the Master of the Rolls, and Masters of the Chancery
respectively, shall not demand, take or receive any other Fees
then what are contained in the Table annexed, and that every
offence in that behalf shall be and is hereby adjudged and
declared to be extortion, and shall be punished as extortion.
That no Register, Chief Clerk, Examiner, Attorney of the said
Court, or Officer for making Sub-pæna's, shall either directly or
indirectly demand, take or receive any other Fees, or sum of
money, then what is contained in the Table annexed, for or in
respect of any cause depending in the Court of Chancery, Writs or
Proceedings therein, Copies of Record or other thing there filed,
registred or put to the Seal; and that every such offence shall
be and is hereby ordained, adjudged and declared, and shall be
reputed and taken to be extortion, and shall be punished as
extortion; and that every person and persons so offending and
thereof convicted, shall be, and is, and are hereby disabled to
bear any office of trust or profit in the Commonwealth.
No Gratuity shall be taken for nomination or admission of person to Offices.
That neither the Lord Chancellor, Lord Keeper, Lords
Commissioners of the Great Seal, Master of the Rolls, or any
Officer of the said Court, shall either directly or indirectly take
or receive any Sum or Sums of money, gratuity or reward, for
nominating or admitting of any person or persons to any office
or place within his or their disposition in the said Court, upon
pain of losing his office, and paying double the sum or value of
the gratuity or reward so received; the one moyety thereof
to the use of His Highness the Lord Protector, and the other
moyety to the use of the party who shall sue for the same, by
Bill, Plaint or Information in any Court of Record.
This Ordinance to be pat in execution, and by whom.
And lastly, it is Ordained by the Authority aforesaid, That the
Chancellor, Keeper, or Commissioners of the Great Seal for the
time being, shall, according to the times and in the maner by
this Ordinance prescribed, put in execution all the Rules, Laws,
Orders and Directions before mentioned, and take care with all
diligence and circumspection, that all the Officers, Ministers
Clerks and Servants belonging to the said Court, do honestly
and faithfully perform the duty of their several and respective
places; and if they be found any ways faulty, that they be
publiquely rebuked, displaced, or otherwise punished according to
their desert, that for the future there be no more cause of just
Complaints from the people.
Fees to the Master of the Rolls.
|For every single Perpetuity||0||2||0|
|For every double Perpetuity||0||2||0|
|For every grant for life, except Wine-Licenses||0||2||0|
|For every grant of any Office||0||2||0|
|For every License for selling Wines||0||1||0|
|For every Sheriffs Patent||0||2||0|
|For the Dedimus Potestatem to take the Sheriffs Oath||0||6||8|
|For every Exemplification||0||6||8|
|For every Cancellation||0||6||8|
|For every Decree and Dismission||0||6||8|
|For the inrolling of every Deed and Recognizance||0||2||0|
|For every Venir. fac. ad triand. &c.||0||6||8|
|For every Writ of Extent||0||6||8|
|For every Liberate upon an Extent||0||13||4|
|Fees to the Masters of the Chancery.|
|For an allowance for Roabs out of the Hannaper||6||14||0|
|For Oathes upon Affidavits, Answers, and to Witnesses to be examined in Court, for every Oath||0||0||4|
|For Acknowledgements of Deeds and Recognizances||0||2||0|
|For Oathes taken to Articles for granting of Supplicavits||0||2||4|
|For examining all Records which are to be exemplified, for every skin of Parchment||0||2||0|
|For every Cause upon a Reference to the three
Masters, who shall hear the same||0||10||0|
|For every Sub-pæna, of what nature soever, and Labels thereof||0||1||0|
|For renewing the same||0||0||6|
|For the Seal to each Sub-pæna||0||0||6|
|To every Counsel under the degree of a Serjeant,
for a motion||0||10||0|
|To every Counsel on a hearing||1||0||0|
|To the Counsel for the Lord Protector and Serjeants
at Law for every motion||1||0||0|
|And for every hearing||2||0||0|
|Chief Clerks and Attorneys.|
|For every cause to the Attorney, the Termly Fee of||0||3||4|
|For an Attachment besides six pence for the Seal||0||1||2|
|For copying of all Bills, Pleadings, Depositions, Records, Rolls, Evidences remaining in that Court, Certificates, &c. for every sheet containing fifteen lines, and every line ten words||0||0||4|
|For every Commission to examine Witnesses||0||3||4|
|For every joyning in such Commission||0||3||4|
|For every Injunction||0||6||8|
|For signing by the Lords Commissioners||0||2||0|
|For signing by the Master of the Rolls||0||1||0|
|For a Distringas||0||3||4|
|For every special Certiorari or Procedendo||0||3||4|
|For every Habeas Corpus||0||3||4|
|For every Supersedeas||0||3||4|
|For every Special Commission||0||5||0|
|For every Writ of Execution of an Order||0||3||4|
|For drawing and enrolling every Decree or Difmifsion, if but one skin||0||16||8|
|If longer, then six pence per sheet afterwards||0||0||6|
|For every Writ of Execution upon a Decree directed to the Sheriff or Coroner||0||6||8|
|For every Exemplification, every skin||0||13||4|
|The Chaft Wax||0||0||4|
|Signing the Docquet||0||1||0|
|For Enrolment of all Patents, Commissions, Licenses Pardons, and other Warrants whatfoever which pass the Great Seal, after the Rate of Ten shillings for every skin||0||10||0|
|For every Sheriffs Patent, Writ of Assistance, Writ of Discharge, Dedimus Potestatem, and the Attorneys Fee||0||13||6|
|For every Writ of Audita querela||0||10||0|
|For every Writ of Scire facias||0||2||6|
|For a Supersedeas of Priviledge||0||3||4|
|For every Mittimus that passeth the Seal||0||3||4|
|For the Transcript after the Rate of every skin||0||13||4|
|For every Search||0||0||4|
|For every Writ of Bastardy||0|| 3||4|
|For three Proclamations||0||2||6|
|For filing every Writ whereby one Oath or Acknowledgement is received, or the Transcript of any Record thereby certified||0||1||0|
|For every Dedimus Potestatem, to take an Acknowledgement or Cancellation of any Patent, Deed Indenture or Recognizance||0||3||4|
|For Writing of every Grant, Patent, &c. belonging formerly to the Six Clerks||0||13||4|
|For every Liberate, and every Allocate||0||4||0|
|For the Enrolment thereof||0||1||8|
|For all Writs of Discharge of Tenths and Fifteenths for every of them||0||3||4|
|For every Writ of Supersedeas for any Parliament man or his Servant||0||3||4|
|For every Writ of Expence, Milit. & Burgenss.||0||3||4|
|For every Certiorari of Course||0||1||0|
|For every Procedendo of Course||0||1||0|
|For the Entring of an Attachment||0||0||2|
|For Entring of a Dismission upon the general Order with costs||0||0||6|
|For Entring of any other Bill of costs taxed by a Master||0||0||2|
|All Ordinary Rules to make Answer, Reply, Rejoyn||0||0||2|
|For a Rule for Publication upon a joynt Commission, or otherwise||0||0||2|
|For the Entry of an Appearance upon an Attachment, Bond or Commandment||0||0||2|
|For the Warden of the Fleet upon every such Appearance||0||1||3|
|The Entry of every Commission to examine Witnesses ex parte||0||0||4|
|If it be a joynt ordinary Commission||0||0||8|
|The Entry of every Commission to hear and determine||0||1||0|
|The Copy of any of these, if required||0||0||6|
|The Entring of a day given to the Sheriff for returning an Attachment, or to bring in the body upon a Cepi return'd||0||0||6|
|The Copy of the Rule, if required||0||0||2|
|For Signing such Copy of any Rule||0||0||2|
|For a Note of a day of hearing||0||0||4|
|For the Draught of every Order, Decree or Dismission, not exceeding one side; and for Signing thereof||0||1||6|
|For Entry of every such Order||0||0||8|
|If such Draught exceed one side, then according to the proportion of 1s. 6d per side||0||1||6|
|And for Entring, after the rate of three pence per side||0||0||3|
|For any Order, Decree or Dismission not made upon motion or hearing, but by consent under the hands of the parties Counsel or Attorneys, and for the Copies thereof signed by the Register, whereof either side hath one; if it be but one side, the Plaintiff to pay one shilling six pence, and the Defendant to pay the like; and if it exceed one side, then after the same proportion each of them||0||1||6|
|For the Entring of such Order, for every side||0||0||6|
|For Copying of any Order entred, Report, Petition, Certificate of Referrees Accompt, Certificate of the Chief Clerks being filed||0||0||3|
|For Signing such Copy to the senior Register||0||0||6|
|For every Search for Order, Reports or Petition for each year||0|| 0||2|
|For a Certificate of no Cause shewed, signed, to the Register that signeth the same||0||0||6|
|For Filing of every Report, Certificate, Accompt, or Award||0||0||2|
|For every Decree signed by the Lord Chancellor, Lord Keeper, or Lords Commissioners, to whom the same is presented by the Register||0||2||6|
|For every Dismission which he shall procure to be signed||0||1||8|
|For Entring of every Cause, Demurrer, or other business in the Paper of Causes to be heard by special Order or Warrant to the Register||0||0||6|
|For Entry of any Decrees drawn up and enrolled, whereby any Lands or Lease is decreed or charged with any sum of Money, Annuity, &c.||0||0||6|
|For a Certificate thereof||0||0||6|
|To the Clerk that files an Affidavit, from the party at whose instance it is made (if he come for a copy) for the Accompt of the senior Register||0||0||4|
|For the Copy of such Affidavit, for every side to the same Clerk||0||0||3|
|For Examining and Signing such Copy to the senior Register||0||0||6|
|Fees of the Examiners.|
|For the Examination of every Deponent, Defendant or Delinquent at||0||1||0|
|For the Copies of all Depositions and Interrogatories, for every sheet containing fifteen lines unwastfully written||0||0||6|
|For all Certificates upon Exhibits||0||1||0|
|For all other Certificates whereunto their hands are required||0||1||0|
|For the Exemplification of Depositions, for every skin||0||13||4|
|For the Examination of any Copy of Depositions, with the Record which is to be given in Evidence in any other Court||0||3||4|
|For the Examination of every Deponent, unto whom the Examiner is required to travel out of his Office||0||3|