FOrasmuch as in Antient times when the master Clerks of the Chancery (being in those Ages very lear­ned in the Lawes of this Nation) did contrive all manner of speciall Writs then called master Writs very pithily, and well, seldome committing any errour or mistake in any of them. And where­as also the antient Serjeants at the Law in such times did contrive and draw all speciall pleadings in like manner, and then were all suits speedily, and with so little Charge or trouble ended, as the people of this Nation did finde and perceive that they had full speedy, and equall Justice done unto them, and did sit down in quiet without multiplying suit upon suit, and turmoile themselves in trouble and discontent many years together, as hath been too often used by very many of late, since such master Clerks and Serjeants have been imployed about other businesses (that is to say) such master Clerks about References, Reports and Accounts, bringing them in much greater benefit. And such Serjeants altogether, or for the most part taken up in moving and arguing at the bars of severall Courts, and pleading at tryalls at the Common Law, and hearing in the Chancery, whereby few or none can procure them to contrive any such thing: And (as it is thought) few or none of such master Clerks can tell how to contrive, or draw any thing which before by such their predecessours were in those ancient times usually done; by occasion whereof Suiters in these latter times have been constrained to goe to Clerks or Attornies to have such things contrived or drawn, whereof some (who have set themselves forth highest) have been very ignorant, which many Suiters being but of weak or mean judgements or capacities could not apprehend; whereby very many mistakes and errours have been committed and omitted in such things which have caused many [Page 4]Suits and Causes upon Writs and Bills at Trialls to be lost, and no further proceedings thereupon to be, but the plaintiss therein forced and compelled to pay costs to the defendants in such Suits, and divers Ver­dicts to be quashed and overthrown upon matter moved or shewed in Arrest of Judgement; and also sundry Verdicts to be reversed and an­nulled by Writs of Errour all three of them many times the one after another, after the suiters in such actions and suits have been at very great charge, trouble and labour, and great losses in the hindrance of them in their Callings and Professions, and thereby many have spent very much, some as much as the very demand in question, before they have, or could obtain their just debts and demands; and others have been so impoverished by the means aforesaid, that they have not been of ability further to prosecure such suits for their Rights, but have given over, and lost the same, and many inconveniences and mischiefs, and such charge and trouble, and losse, have happened in overthrowing, quashing, and delaying of divers Decrees, Sentences, and Finall orders in many Courts.

And whereas of late time, most persons in possession of Messuages, Lands and Tenements, and wrongfully holding out others, have had the same by lease, or so claimed, and some of them held over their terme in the same; and many of those also (who have had the immedi­ate right of possession of such Lands and Tenements) have had the right to the same by leases, whereby most Suits in such case have been brought, by actions of Ejectments, framed upon Leases which could not be tryed by writs of Assize, which hath been the most speedy remedy in this behalf, and Judgements given at the same Assizes, when and where the Verdicts have been found; and many times one of the parties to such Actions of Ejectment have departed this life between the day of the Tryall, and the day in the Bench, then next following, whereby all the proceedings before mentioned have fell to the ground, and the par­ties, their Executors or Administrators to begin anew, and by the same occasion, Writs of Assize be grown so obsolete, that few know how to proceed, as they should do in the same, and thereby most causes (which might have been prosecuted by Writs of Assize) have been begun and ended upon, and by such Actions of Ejectment which have occasioned divers of such inconveniencies and mischiefs as before are expressed. And whereas also in these latter times more [...]ight hath appeared in all manner of learning to the severall sons of the people of this Nation, then hath in antient times (ten being learned in these times to one in those; most ordinary people then depending wholly upon the Priest in most ordinary matters) and it is hoped the people here, will more and more increase in learning and judgement. And therefore it is expected, and desired by most, that all manner of proceedings in Law should be amended, and not run into worse and worse order, as they have done of latter years.

And forasmuch as great, and most pitifull lamentations have been made to divers persons, in many places by multitudes of people (who have been turmoiled in Suits in the Court of Chancery, and other Courts, that many of them have been, and usually are put to divers unnecessary and excessive charges, by Registers and Enterers, and writers of Orders, and rules their Deputies, Clerks and Agents in such Courts; and that divers unnecessary Orders have been made in such Courts by such Registers, and others with them before mentioned, and drawn out much longer then hath been, or is necessary, and con­trary to the note, or notes by them taken upon hearing, and debating of the matter touching the same, for their own onely lucre, trouble­some and burthensome to such Courts and Councell there, and hurt­full to the parties in, and to such Suits; and that there hath been such multitudes of Orders in those Suits, that very many (who have pro­secuted and defended the same Suits) have given long, and much at­tendance, before they have procured, or could procure any Entries or Copies thereof to be made, by reason (as divers such lamentations have been) of money or rewards given, or promised to such Registers, Writers or Enterers, their Deputies, Clerks; Servants or Agents to draw up such Orders, or rules stricter, or to some other sense then such Courts did truly direct and order; under colour whereof very many have complained that many honest and just Causes have miscar­ried, and that in the same much charge, perplexity, trouble, travell and vexation have been to resort to the Counsell in such Suites, and afterwards to repair unto, or attend with Counsell, the Chancellor, Judge or Judges (who made, or pronounced the same Rules or Or­ders) to have the same drawn and entred according to the true sense thereof.

And whereas it hath been much complained of, that many others (who have not undergone such perplexity, trouble, toil, and vexation, before they have procured, or could procure such Orders or Rules to be drawn up according to the true sense of the Chancellour, Court, Judge or Judges, who made or pronounced the same) have been at great charges in giving large rewards to Registers and enterers of Or­ders and Rules, their Depuries or Clerks (who have agited therein:) And also whereas the like complaints and lamentations have been, that such Courts have been so full of businesse, that many Suiters could have no proceedings there without great trouble and charge; and that divers before they have had, or could have any end of their businesse or suites there, have spent as much, or more then that which they have sued for there, hath been in value; besides, their trouble, per­plexity and vexation of minde for many years together; and di­vers others by such occasions have been quite, and others almost di­stracted, amd many utterly undone; and that many others have given over, and left off good Causes for lost, and proceeded no further in the same, by reason of the extream charge and trouble, which they [Page 6]have not been able to undergoe after they have been brought into, and intangled in such Courts, some against their wills. And whereas a great part of those troubles and charges have been occasioned by reason of the keeping secret and hidden all presidents in most Courts (unlesse it be in the Courts formerly of the Kings Bench; and Common Pleas, and now of the Upper Bench, and Common Bench, and Publique Ex­chequer at Westminster) in such manner, that some Suiters upon urgent occasions have often been constrained to give to Registers, their Clerks or Agents in the Court of Chancery, and such like Courts sometimes five pounds, other times ten pounds, and other great summes of Money for choise presidents upon such occasions, or otherwise have been constrained to goe to, and retain most Counsell belonging to such Courts, and give them extraordinary large Fees for the same pur­pose.

It is proposed to be desired that it may

Be Enacced, That no matter in arrest or stay of any Judgment, Decree, Sentence, or Finall order shall be moved, insisted upon, or given in exception, or assigned for Error against, in, or concerning any Plaint, Bill, Declaration, Information, Libell or Complaint, Presentment or Indictment, Plea, Allegation, Replication, Rejoynder, Surrejoinder, Rebutter or Surrebutter, unlesse such matter be, or shall be first shewed and delivered in wring to the party or parties, his, her, or their Attor­ney in the Cause, wherein such matter be, or shall be intended to be moved in arrest or stay of Judgement, or any thing therewith before mentioned, or assigned for Errour, in which the matter of Errour, or mistake is, or shall be, (that is to say) what may, or should be added to, or detracted from, or supplyed by further instructions in any such Bill, or other proceedings therewith before mentioned, or continu­ance or return of Writs, or processe thereof, or entering up of Judge­ment, or any other thing therewith before mentioned, thereupon as cer­tain as if the same matter or mistake were, shall, or should be amen­ded, such Bill, Plaint, Declaration or proceedings before mentioned were, or shall be good and sufficient in the Law: So that a true Copy, or true Copies of every of the same writings wherein such matter or mistake is, or shall be delivered to, or left for such party or parties, his, her, or their Attorney in such Cause at his, her, or their dwelling house or houses, or most usuall place or places of abode by the space of two dayes next after issue, or demurrer be, or shall be joyned, or judgement acknowledged, suffered or permitted, or within fix dayes next before such Decree, Sentence, or Finall order be, or shall be given, or to be given, decreed, or sentenced in, or concerning the same Cause, Action, or Suit, in which such processe or proceedings be, or shall be.

And that within three dayes after the delivery of such Copy or Co­pies, the party or parties against whom such matter be, or shall be in­tended so to be moved or assigned for Errour (paying unto the other [Page 7]party, his, her, or their Councell, Clerk, or Attorney in the same Suit or Cause, who doe, or shall finde such Errour or mistake, and deliver such Copy or Copies in writing of the same, three shillings for the first, and one shilling for every of the residue of those Er­rours or mistakes, may amend the same: And that that party and parties by, or for whom such Copy or Copies be, or shall be so delivered within four dayes next after he, she, or they shall have notice of the amendment, according to such writing or writings, which be, or shall be so delivered shall again Answer, Plead, Demur, put in Allegation, Reply, Rejoyn, Surrejoyn, Rebut, or Surrebut, as the Declaration, Bill, Plaint, or other things therewith before mentioned, doe or shall require, unlesse such new matter doe, or shall arise, and appear upon such amendment, that the Attorney of such party or parties neither can, nor according to the course of Law ought to Answer, Plead, or to doe any other thing as before therewith is mentioned without further instructions, and then within eight dayes onely for every forty miles distance of the habitation, or abode of the party or parties, so again to answer, (when he shall be first summoned, attached, arrested, or war­ned to appear, or answer, reply, or to doe any other thing before there­with mentioned, to any-Bill, Replication, or any other thing before therewith mentioned) from the place or Court where such prosecution be, or shall be. And that every one making default in any of the premises shall, or may be taken, or proceeded against for saying no­thing, as for not answering, pleading, replying, or not performing any other thing therewith before mentioned, as hath been used in other cases wherein defaults have been suffered.

And that any who doe, or shall finde such errour or errours, mi­stake or mistakes, shall have such money so to be paid, to and for his and their own benefit and advantage: And that he or they so commit­ting, omitting, or suffering the same, shall pay the same money so for amendment to be paid out of his, or their own moneys respectively, according to the number of errour or errours, mistake or mistakes, as each of them doe, or shall so omit, commit, or suffer.

And that after a Verdict, or Non-suit in any Action, Cause, or Suit, wherein such amendment be, or shall be, and Witnesses Exa­mined, Recorded and Certified, according to the Propositions for­merly published in that behalf, Judgement may, and shall be given according to such Verdict, or Non-suit the next day in banck after such Verdict or Non-suit, as of the day of giving such Verdict, or suffering such Non-suite, notwithstanding the intervening of the death of any of the parties in, or to such Action, Cause, or Suit.

And that no motion or petition shall be made, moved, or presented in, or to any Chancellour, Court, Judge or Judges in, or concern­ing any Suit, or Cause there depending, but that first the matter to [Page 8]be moved, or mentioned in such Petition, shall be put into writing, and a copy or note thereof delivered to the party complainant, Plain­tiffe or Demandant, Defendant or Tenant, against, or concerning whom such motion or Petition be, or shall be made, moved, preferred or delivered, or to his, or her Clerk, Attorney, or Solicitor is such Cause or Suit, or left at his, her, or their, or one of their dwelling house or houses, or place or places of abode under the hand of a Councell lear­ned in the Law.

And also that within two dayes, or some other conv [...]ient time, next after the delivery of such note or writing as aforesaid, for a Party, Com­plaint, Plaintiff or Demandant, Defendant, Defendants, or Tenant, his, or her Clerk, Attorny, or Solicitor in such Action, Cause, or Suit (to whom such note or writing be, or shall be so delivered) shall give, or deliver to, or leave as aforesaid, for the other party Complaint, Plain­tiff or Demandant, or Defendant or Tenant (to whom, for whom, or on whose behalf such note or writing be, or shall be so given, deli­vered or left) or to his, or her Clerk, Attorny, or Soliciter an answer in writing to such first note or writing, or leave the same in writing at his, their, or one of their dwelling house or houses, or usually place or places of abode, and that each party may reply, and the other re­joyn, &c. the one party of them after the other party of them, in, or by some short convenient time in writing to be delivered, or left as aforesaid till the doubt of the matter be, or shall be agreed upon, and put to the question, or stated, as or in the nature of a case.

And that if either such party Complainant, Plaintiff or Deman­dant, Defendant or Tenant, doe not consent the one part of them to the demand or request of the other of them, that then each party of them, who doth, or shall so petition, or have, (shewing or expressing to the other of them, some reason in such writing, or note respectively; for what cause, or reason by, or according to the former presidents or orders it hath been, and was requisite and necessary that such the request of him, or her, who doe, or shall so petition, or move, ought, or should be granted) that then, and not before, either of such parties may petition to such Chancellour, Judge or Judges; or to, or in such Court for his, or her demand, in such his, or her writing or note to be granted, and shew forth such notes or writings on either side to be read, veiwed, and considered in such Courts.

And further, that if the demand or request of such motion or peti­tion, shall be granted or ordered against such party Complainant, Plaintiff or Demandant, or Defendant or Tenant, against whom such petition, motion, or demand is, or shall be made, (notwithstanding any thing to the contrary thereof to be alledged, or expressed in his, or her writing so to be delivered, or left) that then he or she for not consenting to such petition, motion, or demand, or for putting into such note or writing, any vain or frivolous matter not materiall against [Page 9]such request or demand shall be compelled to pay to the other of them the ordinary Costs, Charges, and expences of the other of the said parties which he or she, or they shall lay out, or expend, and shall make Affidavit before some Judge of the Court, where the same Action, Cause or Suit be, or shall be depending, if such motion or petition be not, nor shall be granted upon some matter, for which there neither was, nor shall be any former Order, or leading President in such case.

And that such party (against whom such Petition or Demand be, or shall be granted, or ordered as aforesaid, or shall consent to the demand of such petition or motion of either of such parties Complainant, Plain­tiff or Demandant, or Defendant or Tenant) be compelled to perform the same Petition, Order, Demand or Request which shall be so gran­ted, ordered, or consented unto without further charge or trouble, under pain and penalty, that for not performing the same, be, she, or they refusing, or failing in performance of the same shall forfeit, lose, and pay to every person to be grieved or damnified thereby four times the value of such value to be recovered, as is mentioned in other Pro­posalls▪

And further to prevent excessive charges and troubles occasioned by Registers and Drawers, Enterers, and Writers of Orders and Rules, and their Clerks, Deputies and Agents, that such Registers, Drawers, [...]terers, Clerks, Deputies and Agents shall, in, and to such note or wri­ting, write what such Chancellour, Court, Judge or Judges doe or shall order, or adjudge of, and concerning the same, and no more without re [...]ar [...]ing, or reciting any of the matters or contents of any such notes or writings, and after that any of such parties, or any, or either of them (within convenient time) shall set, or cause to be set down in writing, under his, or her Counsells hand, and deliver to such Register, or any of the parties before with him mentioned respectively, excepti­ons against any part of the writing down of such Order, and not otherwise such Register, or such with him before mentioned shall at­tend such Chancellour, Court, Judge or Judges who shall make such Order or Orders, and to alter or amend the same, according as such Chancellour, Court, Judge or Judges doe, or shall signe, or write to the same, and after to enter so much onely in a book as such Register or Registers, Enterer or Enterers of Orders, his, or their Deputy, Clerk or Agent shall write, and such Chancellour, Court, Judge or Judges so signe (if any need of such signing be) in, or to such writing or writings, with the parties names, and the day when such Motion or Petition was granted, and to keep safe in an alphabeticall manner, such notes or writings, together with the subscription or writing one such note or writing of such Register, or any of such persons before with him mentioned, signed by such Chancellour, Judge or Judges, for fur­ther satisfaction of such Court, or either, or any the parties, Suiters there, and concerned therein, if need should require: and that Regi­sters, [Page 10]and such others before with them mentioned, may onely, take a competent gain for drawing, and copying of Orders and Rules (ac­cording to rates usually taken by Clerks for drawing, entering, and copying, wherein they have taken as much, or more pains then they in drawing, entering, or copying of such Orders or Rules) upon, and under pain and penalty that every such Register, or other party before with him mentioned, transgressing in the premises, or taking more then before mentioned, shall forfeit, lose, and pay to every party grieved or damnified, or to be grieved or damnified in the premises for every offence and default concerning the premises, forty pounds of lawfull English money to be recovered, as before is mentioned.

And that for the ease and quiet of all Courts and people that all Re­gisters, and such other persons before with them mentioned (who have, or can come by any choice Presidents or Orders of divers natures made in several Causes of sundry natures upon solid, and mature deliberation) be desired, or required that every one of them may, and will produce, and bring in as many of them in particular, as he in particular doe, or shall know where to find, or come by to be entered together, and that a method may be kept for the ready, and easie finding of the same to be viewed by any: or that the same may be collected together, and pub­lished in such a method in print, for the purpose aforesaid, that peo­ple may not remain hood-wincked and blinded of the proceedings and Causes of making Decrees and Orders in the Courts of Chancery, and such like Courts as they have been, but that they may be informed and advised in, and of the same, as well as they have been in other Courts: And that such Orders or Rules (as hereafter shall be made upon solid, and mature deliberation as aforesaid) may be brought into such Courts, and so entered, or published as aforesaid.

And that if any of such Registers, or any other before with them men­tioned, doe, or shall draw up any Order or Rule contrary to the notes taken by any of them in any Court upon the matter moved, or argued, or to be moved or argued, whereupon such Order or Rule shall be made, and the same be also contrary to that which shall be pronounced in such Court, and such Chancellor, Judge and Judges (who pronounced the same) or the major part of them neither do, nor shall justifie and main­tain that which such Register or other party before with him mentioned shall so draw (though it be contrary to such note or notes, taken, or to be taken) that then every such Register and party before with him men­tioned, shall for every time he doe, or shall so draw, contrary to such note or notes, forfeit, and lose, and pay to every party to be grieved or damnified thereby a 100 marks of lawfull English money to be reco­vered as aforesaid.

Whereas divers stubborn, perverse, froward, and unconscionable peo­ple, after they have been served with Writs under pains, or Warrants to appear in the Chancery, and other Courts; and there to answer to Bils [Page 11]exhibited against them, have stood out Attachments, Proclamations, and Commissions of Rebellion, and processes to Serjeants at Armes for many years, before they have appeared, or would appear; whereby ma­ny honest people of this Nation have been defrauded of vast summes of money by chargeable Motions and Orders, and otherwise.

It is proposed to be desired, that for remedy thereof, it may

Be Enacted, That if any person or persons hereafter, being served with a Writ or Warrant, commanding him or her to appear in any such Court, and shall not appear, but stand out an Attachment, or other processe, then when he or she shall be Arrested or Attached thereupon, he or she shall be kept in prison, or safe custody, untill sufficient Sureties be, or shall be put in, to and for the use of the Complainant in such Suit, not onely for his or her appearance there, but that he or she shall perform the Order of such Court to be made upon the hearing of the Cause in such Court.

And that if such person or persons so served, or warned to appear; and shall not appear within two months next after such warning, or ser­vice; and the same be proved by the Oath or Affidavit of two honest Witnesses, and of good ability in Estate, then may such Court put the Complainant or Complainants in such Suit to make proof of so much as he, she, or they can, and after to proceed thereupon to hearing, as if such defendant had confessed the residue thereof; and to pronounce a decre­tall Order, and award Execution thereupon: if the Complainant or Com­plainants in such Suit doe, and shall find, and put into such Court, good, able, and sufficient Sureties to make, restitution of that which such De­fendant doe, or shall lose, or have taken from him, or her, by vertue of such Execution; if after his or her appearance, and answer sufficient, and examination of Witnesses in such Court, it shall be there so conside­red of, pronounced, or adjudged.