May 1644: An Ordinance for the relief of the Subjects who have been prejudiced by stopping and discontinuing of Writs of Error; which said Writs are to be sealed with the Great Seal of England, Ordained and Established by both Houses of Parliament.

Pages 434-435

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

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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.