Pleadings.

THat no Councellor 1. Suecinct­ness in Bills and Pleadings do put his hand to any Bill, Answer, or other Pleading, unless it be drawn, or at least perused by himself in the paper­draught, before it be engrossed, (which they shall do well, for their own discharge, to sign al­so after perusal.) And Coun­cell are to take care that the same be not stuft with repeti­tions of Deeds, Writings, or Records in Haec Verba; but the [Page 6] effect and substance of so much of them only, as is pertinent and material to be set down, and that in brief terms, without long and needless traverses of points not traversable, tauto­logies, multiplication of words, or other impertinencies, occa­sioning needless prolixity, to the end the ancient brevity, and succinctness in Bills, and other pleadings, may be restored and observed. Much less may Coun­cel incert therein any matter meerly criminous or scandal­ous under the penalty of good costs to be laid on such Coun­cel, and payd to the party grie­ved before such Councel be heard in Court.

Pleas & Demurrers.

FOrasmuch as the Defendant 2. What Pleas or Demurers may be put in without personal attend­ance, or charge of Commissi­on. being served with process to answer, may by advice of Councel, upon sight of the Bill only, be enabled to demur there unto, if there be cause; or may by like advice be enabled to put in any just Plea, which he hath in disability of the person of the Plaintiff, or to the Jurisdicti­on of the Court: It is there­fore Ordered, That such De­murrer, or such Plea in disabi­lity, or to the Jurisdiction of the Court under the hand of Councel learned, shall be re­ceived and filed, although the Defendant do not deliver the same in person, or by Commis­sion; And therefore if the De­fendant [Page 8] shall pray a Commissi­on, and thereby return a De­murrer only, or only such Plea which shall be afterwards over­ruled, the Defendant shall pay five Marks costs; and although it be allowed, the Defendant shall have no costs in respect of the Plaintiffs needless trouble, occasioned by such Commis­sion.

No Demurrer shall be said 3. No Plead­ings to be of effect till filed. to be received, or to be of effect in Court, until the same be filed to the Bill in the custody of the six Clerk, being the Plaintiffs Attorney. No more shall any Bill, Answer, or other Pleading, be said to be of record, or to be of any effect in Court, until the same be filed with such of the six Clerks, with whom it ought properly to remain.

[Page 9]Every Demurrer shall ex­press 4. Demurers and Pleas on the [...] Matter, or to the Ju­risdiction. the several Causes of De­murrer, and shall be determined in open Court. And such Pleas also as are grounded upon the substance and body of the mat­ter, or extend to the Jurisdicti­on of the Court, shall be deter­mined in open Court: And for that purpose the Defendant is to enter the same with the Register, within eight days after the filing thereof; or in default of such entry made, the same shall be disallowed of course, as put in for delay, & the Plain­tiff may then take out Proces to enforce the Defendant to make a better answer, and pay forty shillings costs, and the same shall not afterwards be ad­mitted to be set down or deba­ted, unless (upon special reason shewed to the Court before [Page 10] such Proces to make better an­swer be taken out) it shall be otherwise ordered by the Court. And if any cause of De­murrer shall arise, and be insist­est on at the debate of the De­murrer (more then is particu­larly alledged) yet the Defend­ant shall pay the ordinary costs of over ruling a Demurrer, (which is hereby ordered to be five Marks) if those causes which are particularly alledged be disallowed, although the Bill, in respect of that particu­lar, so newly alledged, shall be dismissed by the Court.

A Plea of Outlary, if it be in 5. Plea of Outlary. any Suit for that duty, touching which, relief is sought by the Bill, is insufficient according to the Rule of Law, and shall be disallowed of course, as put [Page 11] in for delay, and the Plaintiff may (notwithstanding such Plea) take our Proces to en­force the Defendant to make a better answer, and pay five Marks costs; Otherwise a Plea of Outlary is always a good Plea, so long as the Out­lary remaineth in force, and therefore the Defendant shall not be put to set it down with the Register: And after the said Outlary reversed, the De­fendant upon a new Subpena served on him, and payment un­to him of twenty shillings costs, shall answer the same Bill, as if such Outlary had not been: But if the Plaintiff conceive such Plea of Outlary through mis­pleading, or otherwise, to be in­sufficient, he may, upon notice given to the Clerk, on the other side set it down with the Re­gister [Page 12] to be Debated with the rest of the Pleas and Demur­rers in Course; but if the Plain­tiffe shall not in such case enter it with the Register, within eight days after the same shall be filed, the Defendant may take out Proces against the Plaintiff for his Ordinary Costs of five marks, as if the same had been heard.

The Dependancy of a for­mer 6. Plea of a former suit depending suit for the same matter, is also a good Plea, and therefore the Defendant shall not be put to set it down with the Regi­ster. But if the Plaintiffe be not satisfied therewith, the same shall be referred to one of the Mesters of the Court to cer­tifie the truth thereof: and if it shall be determined against the Plaintiff, he shall pay to the [Page 13] Defendant, five pounds Costs. But such Reference shall be procured by the Plaintiff, and a Report thereupon within one Moneth after the filing of such Plea, otherwise the Bill to stand dismissed of course, with the ordinary Costs of seven no­bles.

If after a Suit Commenced 7. Plea of a Suit de­pending in another Court. at the Common-Law, or any o­ther inferiour Court, a Bill shall be exhibited in this Court to be relieved for the same mat­ter, the Dependancy of the former Suit shall be admitted as a good Plea, and the Defen­dant not be put to motions for an Election, or Dismission: and that Plea shall be proceeded in, as in Case of a Plea of a former Suit Depending in this Court for the same matter.

[Page 14]If the Demurrer be grounded 8. Demurrer upon a flip or mistake only upon some Error, slip, or mistake in the Bill, the Plaintiff without Motion shall be per­mitted of Course to amend the same, paying to the Defendant, or his Attorney to his use, twenty shillings Costs. But if the Plaintiff shall not within eight days after such Demurrer put in, amend, or alter it, and pay the Costs, then the Demurrer shall stand to be determined in Court, and if the same be ruled a­gainst the Plaintiff, he shall pay the Ordinary Costs for over-ru­ling a Demurrer.

If the Plaintiffe or his Attor­ney 9. Demurrer being ad­mitted the Bill to be dismissed of Course. in Court shall, within eight days after a Demurrer filed, give notice to the Defendant, or his Attorney in Court, under either of their hands, that the Plaintiff [Page 15] doth admit the Demurrer to be good, and shall pay the Defen­dants Attorney, or his Clerk in Court, fourty shillings Costs; then the Defendant shall not need to attend his Demurrer: but the Bill shall stand dismist of Course without Motion, un­lesse the Parties, or their Attor­neys on both sides shall agree to an amendment of the same, but such dismission is to be no Bar to a new Bill to be exhibited by the Plaintiff.

Answers.

AN answer to a matter char­ged 10. Answer to matter of Fact. as the Defendants own fact, must regularly be with­out saying to his Remembrance, or as he Believeth, if it be laid to be done within seven years [Page 16] before, unlesse the Court upon exception taken, shall finde special cause to dispence with so positive an Answer. And if the Defendant deny the Fact, he must traverse or deny it (as the cause requires) directly, and not by way of Negative preg­nant. As, if he be charged with the receipt of a summe of Mo­ney; he must deny, or traverse that he hath not received that summe, or any part thereof, or else set forth what part he hath received. And if a Fact be laid to be done with divers circum­stanees, the Defendant must not deny or traverse it literal­ly, as it is laid in the Bill, but must Answer the point of substance positively and cer­tainly.

[Page 17]VVhen the Defendent hath 11. Hearing on Bill & Answer with cau­tion. answered, the Plaintiff is to be well advised upon the answer; and if he shall find that upon the answer alone without fur­ther proofe, there be sufficient ground for a finall Order or Decree, the Plaintiff may pro­cure his Attorney to present the same in course to be set down, to be heard upon Bill and Answer, without further lengthning of the cause; but in case the Court shall not find grounds to make a Decree or fi­nall Order thereupon, the Bill shall be dismissed with costs, or the Plaintiff admitted to reply if he desire it, first paying down 5. l. costs to the Defendent or his Clark, which if he shall not do in foure daies after such hea­ring, then the dismission to stand, and the conclusion of the [Page 16] Order upon hearing, is to be pen­ned by the Register according­ly, that the said Bill stand dis­missed without any further or­der or direction, and then such dismission shall be a good plea in Barre of any new Bill for the same matter.

If a hearing be prayed upon 12. At hearing on Bill and Answer, what evi­dence. a Bill and Answer, the answer must be admitted to be true in all points, and no other evi­dence to be admitted, unlesse it be matter of record, to which the answer refers and is prove­able by the record. The Plain­tiff is therefore to be well advi­sed therein, that the Court be not put to an unnecessary trou­ble, and himselfe to a certaine charge, in bringing his cause to hearing, which will not beare a Decree.

[Page 19]VVhereas the Defendent 13. Plaintiff to reply, if the An­swer good to a com­mon in­tent. hath put in an answer, if the Plaintiff hath proofs for the matters denied, he is not to in­sist upon the insufficiency of the answer, if the same be good to a common intent, but pro­ceed to replication and proofe, to avoid charge and expence of time in cavilling with answers.

If exceptions be put in to an 14. Time to answer ex­ceptions. Answer after the Terme, the Defendent shall not be compel­led to stay in Towne, to attend the Plaintiffs exceptions, but shall have time to answer untill the fourth day of the next Terme, unlesse the Court shall 15. Time for exceptions to be deli­vered, and costs for insuffici­ent an­swers. find speciall cause to hasten it, and shall see Order in open Court.

When a Plaintiff excepteth [Page 20] to a Defendents Answer, he shall set downe his exceptions in writing, and the same Terme the answer is filed, or within eight daies after that Terme, de­liver the same exceptions to the Councell, whose hand is to the Answer, or to the Defendents Attorney in Court, and if the Defendent shall within the times before limited respective­ly satisfie the Plaintiff of the invalidity of those exceptions, or put in a perfect or better Answer, and pay xx s. costs, then the Plaintiff may reply thereunto. But if the Defendent shall faile to do the same, or put in a second insufficient answer, then the Plaintiff may get the said answer, or answers refer­red; and if the same shall be ruled insufficient, the Defendent shall pay forty shillings costs; [Page 21] and in case the Plaintiff shall procure a reference of the an­swer, and the same be ruled good, the Plaintiff shall pay the Defendent forty shillings costs.

If the first Answer be certifi­ed 16. Further insuffici­ent An­swers, and the costs for them. insufficient, as aforesaid, the Defendent shall pay forty shil­lings costs, if the Answer were put in person; but if the same came in by Commission, the Defendent shall pay fifty shil­lings costs, and no new Com­mission shall be awarded for taking any second Answer, un­lesse it be by Order made in Court, and Affidavit made of the parties inabilitie to travell, or other good matter to satis­fie the Court touching that de­lay, and first paying the costs of such insufficient Answer, or by the Plaintiffs own assent for [Page 22] the expediting of his Cause. If the second answer be reported insufficient unto any of the points formerly certified, (which are only to be insisted upon without any new excep­tions) the Defendent shall pay three pounds costs; and upon the third answer foure pounds costs; and upon a fourth answer certified insufficient, he shall pay five pounds costs, and be examined upon Interrogatories to the points reported insuffici­ent, and shall be committed till he hath perfectly answered those Interrogatories, and pay­ed the costs, in respect of the great vexation and delay which in such case will happen to the Plaintiff. 17. Proofs to be only of matters necessary.

If upon perusall of the an­swer, the Plaintiff shall find it [Page 23] will be necessary to make proof of one, or few particulars, then the Plaintiff is to reply to those particulars only, and not draw into pleadings and proofs any more, then the points necessary to be proved: And in case up­on the hearing it shall appeare that the Plaintiff might have had as full relief on Bill and Answer, the Plaintiff shall not only go without costs, but shall pay the Defendent good costs, to be assessed by the Court, al­beit he be relieved upon the merit of his cause, in respect of the Defendents needlesse vex­ation. 18. Bill dis­missed for want of prosecuti­on, not to be retain­ed till the costs paid.

If a Bill be regularly and justly dismist of course, or by order for want of prosecution, no motion shall be admitted for the retainer thereof without a [Page 24] Certificate from the Defen­dents Atturney in Court, that the costs of the dismission are paid, to the end unnecessary charge to the parties by severall motions for one and the same matter may henceforth be a­voided.

Examination of Wit­nesses.

IN case the parties proceed to 19. Interroga­tories to be perti­nent. examine Witnesses, the In­terrogatories are to be penned with care, that the same be per­tinent, and onely to the points necessary to be examined un­to: and the Witnesses are to be sorted & examined on those in­terrogatories only that their te­stimony doth extend unto, with­out the needlesse interrogatories [Page 25] of matters unnecessary and im­materiall, as well to avoid the charge of both parties, Plaintiff and Defendent, in superfluous examinations, as that apt Inter­rogatories (which are the life of the Cause) may be exhibited.

The Examiners (in whom 20. Examin­ers duty. the Court reposeth much con­fidence) are themselves in per­son to be diligent in examinati­on of Witnesses, and not intrust the same to meane and inferior Clarks; and are to take care to hold the Witnesse to the point interrogated, and not to run in­to extravagances and matters not pertinent to the question, 21. To have care of their Clarks and be an­swerable for them. thereby wasting paper for their own profit, of which the Court will expect a strict accompt.

The Examiners are to take [Page 26] care that they imploy under them in their Office, none but persons of known integrity and ability, who shall take an oath not to deliver or make knowne directly or indirectly to the ad­verse party, or any other save the Deponent, who coms to be examined, any of the Interroga­tories delivered to be examined upon, any examination by him taken or remaining in the Exa­miners Office, or extract, copy, or breviate thereof, before pub­lication be thereof passed, and copies thereof taken. And if any such Deputy, Clerk or per­son so imployed, shall be found faulty in the premises, he shall be expulsed the Office, and the Examiner who so imployed him, shall be also answerable to the Court for such misdemea­nour, and to the party grieved [Page 27] for his costs and damages su­stained thereby: and such Soli­citor or other person, who shall be discovered to have had a hand therein, shall be liable to such censure for the offence, as the Court shall find just to in­flict upon him.

No Witnesse shall be exa­mined 22. Notice of a Witnesse to be ex­amined. in Court by the Exami­ner, without the privity of the adverse party, or of his At­torney or his Attorneys Clerk, who deales for the adverse par­ty, to whom the person to be examined shall be showed, and a note of his name and place of dwelling delivered in wri­ting, by such as shall produce him, and the Examiner is to take care, and be well satisfied that such notice be given, and then shall add to the title of [Page 28] the Witnesses examination, the time of such notice given, and the name of the person to whom it is given, and by whom, that at the hearing of the cause, the Suitor be not delayed, upon pretence of want of notice.

For prevention of perjury and 23. Witnesses to be ex­amined to Interroga­tories seri­atim. other mischiefs often appearing to the Court, the Examiner is to examine the deponent to the Interrogatories directed seria­tim, and not to permit him to read over, or heare read any other of Interrogatories, untill that in hand be fully finished, much lesse is he to suffer the Deponent to have the Interro­gatories, and pen his owne De­positions, or to depart after he hath heard an Interrogatory read over, untill he hath per­fected his examination there­unto: [Page 29] and if any Witnesse shall refuse so to conform himselfe, the Examiner is thereof to give notice to the Attorney, or Clark of the other side, and to proceed no further in his exa­mination, without the consent of the said Attorney or Clark, or Order made in Court to war­rant his so doing.

In examining of Witnesses, 24. Examiner to avoid imperti­nencies. the Examiner shall not use any idle repetitions, or needlesse cir­cumstances, nor set downe any answer to the questions, to which the Examinant cannot depose other then thus, To such an Interrogatory this Ex­aminant cannot depose. And in case such impertinencies be ob­served by the Court, the Exa­miner is to recompence the charge thereof to the party grie­ved, [Page 30] as the Court shall award.

The Examiner shall not ex­amine 25. Examina­tion to the credit of a Witnesse, and how. any Witnesse, to invalid the credit of any other Wit­nesse, but by speciall Order of the Court, which is sparingly to be granted: and upon excepti­ons first put into writing, and filed with the Examiner with­out Fee, and notice thereof gi­ven to the adverse party or his Attorney, together with a true copy of the said exceptions, at the charge of the party so exa­mining.

From henceforth the Fee ta­ken 26. Fee for ex­amining a Witnesse to be de­ducted. by the Examiner, upon the producing of a Witnesse to be examined by him, shall be de­ducted to the party Plaintiff or Defendent, who paid the same, when the Copies of such Wit­nesses [Page 31] Depositions are taken out by him, and such Exhibitions whereupon any Witnesse is examined, shall be alwaies [...]n­dorsed and certified by the Ex­aminer, at the same time that the Witnesse is thereupon ex­amined, and his examination perfected and subscribed.

When Witnesses are exami­ned 27. No new Interroga­tories for the same Witnesse, nor exa­mination after Pub­lication. in Court upon a Schedule of Interrogatories, there shall be no new Interrogatories put in to examine the same Witnes­ses; nor shall any Witnesses be examined in Court after the day of publication, though they were sworne before; so as a copy of the Rule or Order whereby publication passed, be delivered to the Examiner, that he may take notice thereof.

[Page 32]If the Defendent being ser­ved 28. Commis­sion exparte when. with a Subpoena to rejoyne and joyne in Commission, shall not upon request by the Plain­tiffs Clark, made to the De­fendents Clark, deliver Com­missioners names, by the end of that terme, wherein the Sub­poena ad rejungend. is returna­ble; The Plaintiff may without motion or Petition take the Commission ex parte.

The Plaintiff ought regu­larly 29. Carriage of Com­missions to exa­mine. to have the carriage of the Commission for examination of Witnesses, as often as any is sued forth: but if through the default of him or his Commissi­oners, the same be not executed, he shall pay unto the Defen­dent such reasonable costs, as the Defendent shall by oath make appeare, he was put unto [Page 33] by such failer, and shall renew the Commission at his owne charge, but the other side shall have the carriage of such new Commission. And the like shall be done to the Plaintiff, where the Defendent for just reason hath obtained the carriage of the Commission; and if through any errour of the Clark in ma­king out the said Commission, or misnaming the Commission­ers or parties, or the like, the execution of a Commission shall be put off, the party put to charge in attendance of such Commission, shall receive his costs to be ascertained by his oath as aforesaid, from him that obtained such Commission, and the Clark that made out the same, or his Superiour the At­torney in Court, (who is an­swerable for him) shall make [Page 34] restitution thereof to the Cli­ent and Suitor.

If both sides joyne in execu­tion of a Commission, and the 30. New Commis­sion and how. one side produceth and exami­neth all his Witnesses, and the other side doth not, but prayeth a new Commission, the same shal not be granted (unless it be by consent of the parties, or their Attornies in Court,) but upon oath of good cause, why he could not then examine all his Witnesses. And in case the same be granted, the party praying the same shall bear the reason­able charge of the other side, both of renewing & executing the Commission, to be ascer­tained by Oath, and the other side shall be at liberty, to crosse examine the Witnesses produ­ced by him that reneweth the [Page 35] Commission. But if he shall not onely crosse examine the Witnesses of the adverse party, but examine new Witnesses, he shall beare his part of the charge.

If at the instance of a Defen­dent, 31. New Commis­sion through Defen­dents de­fault. a Commission to examine Witnesses be renewed, either for a default by him or his Commissioners, or because he did not examine all his Wit­nesses by the first Commission, he shall at his perill examine all his Witnesses by such renew­ed Commission, or in Court by the returne of such Commission without more or further delay, and no more Commissions to issue, except for examination beyond the seas, by Order in Court, or by consent of the At­torney.

[Page 36]Upon the returne of a Com­mission, 32. One rule on a joynt Commission. if the same be executed by both parties, one rule onely shall be given for Publication, and if the said Commission be not renewed, or another obtain­by the Plantiff or Defendent within that time, then Publica­tion shall passe, and no Com­mission shall be afterwards granted or renewed, without speciall Order in Court.

Upon the taking out of co­pies 33. No Fees for the co­pies of the parties own In­terrogato­ries, save for wri­ting. of Depositions examined in [...]ou [...]t, o [...] by Commission ei­ther by the Plaintiff or Defen­dent, no Fee shall be taken by the Six Clarks or the Exami­ner for the copies, either of the Plaintiffs or Defendents re­spective Interrogatories, save onely the Clarks usuall Fee for the writing thereof.

[Page 37]Depositions of Witnesses in 34. Depositi­ons in crosse Causes. severall causes, which are meer­ly crosse causes, ( viz.) between the same parties, and touch­ing the same matter, may be u­sed at the hearing of both cau­ses (coming to hearing toge­ther) without any motion or order in that behalf.

VVhere either party Plain­tiff Depositi­ons in a­nother Cause. or Defendent obtaineth an order to use Depositions of VVitnesses taken in another cause, the adverse party may likewise use the same without motion, unlesse he be upon spe­ciall reason shewed to the Court, by that party first desi­ring the same, inhibited by the same order so to do.

No motion shall be made in 36. Depositi­ons to be suppressed and how. Court or by Petition, for sup­pressing [Page 38] of Depositions as irre­gularly taken, untill the six Clerks not toward the cause have been first attended with the complaint of the party grie­ved, and shall certifie the true state of the Fact to the Court with their opinion: if the At­tornies or Clerks on either side shall not for the ease of their Clients agree before them, for which purpose a rule for atten­dance of the six Clerks in such case shall be entred of course with the Register, at the desire of the party complaining, which shall warrant their pro­ceedings and certificate to the Court.

Proces.

EVery Subpoena to answer 37. Service of a Subpoena ad respon­dend. shall be served personally, or left at the Defendents dwel­ling house, or place of residence with one of that family, and no Clerk of this Court shall issue any attachment for not appea­ring, but on Affidavit first made, positive and certaine, of the day and place of such ser­vice of the Subpoena, and the time of the returne thereof, whereby it shall appeare that such service was made (if in London, or within twentie miles, foure dayes at the least excluding the day of such ser­vice; and if above twentie miles, then to have been) eight daies before such attachment [Page 40] entred; and that such attach­ment shall not be discharged, but on payment of twenty shil­lings costs if the service be per­sonall, and ten shillings if o­therwise, and so the succeeding Proces to be double.

Every Subpoena to make a 38. Subpoena for better Answer and costs in one. better answer, shall also contain a clause for payment of the costs ordinary in that behalfe, and the Suitor not be put to take out severall Writs, nor prosecute severall contempts, as in that case hath been used; and if upon the service of such Subpoena, the costs be not paid, the answer of such Defendent shall not be received or filed, unlesse the said costs be also de­livered and payed to the Plain­tiffs Clark, together with the said answer, but Proces of [Page 41] contempt shall issue in that case, as for want of an answer, at the returne of the said Subpoena.

A Subpoena ducens tecum (when 39. Subpoena duc. tec. to be sued out of course. the Defendent confesseth in his answer, the having of any writings materiall to be exa­mined upon, or confest to be­long to the Plaintiff) may be taken out by the Plaintiff of course without motion, for the Defendent to bring them into Court, or shew cause, &c. But if the Defendent either confesse not the having them in his hands, or makes his title by them, or to them by his An­swer, he shall be excused from any contempt, although he nei­ther bring them into Court, nor shew cause, and if the Plain­tiff shall notwithstanding pro­secute a contempt in that be­halfe [Page 42] (and the case upon the Defendent his answer appear to be such) he shall be thereof dis­charged, and have his costs.

The Subpoena ad audiendum Judicium shall be served either 40. Service of a Subpoena ad audi­end. Judi­cium. on the person of the Defendent, or left at his dwelling house, where his family then resides: or in case oath be made that he cannot be found to be served personally, and that he hath no certaine dwelling, or is be­yond the Seas, the Court will Order the leaving of a Subpoena with his Attorney in this Court to be a sufficient service.

All Proces of contempt shall 41. Proces of contempt into the proper County. be made out into the County, where the party prosecuted is resident, unlesse he shall be then in or about London; in which [Page 43] case it may be made into the County, where the party then is. And if any person shall be taken upon Proces otherwise or irregularly issued, the party so taken first appearing unto, and satisfying the Proces which did regularly issue against him, shall be discharged of his contempt, and have his full costs to be tax­ed of Course by the six Clerks not towards the Cause for such undue or irregular prosecution, from the time that the error first grew without motion or other order.

Every suitor who prosecuteth 42. Endea­vour to be used in ser­ving it. a contempt shall do his best en­deavour to procure each severall Proces to be duly served and executed upon the party prose­cuted, and his wilfull default therein appearing to the Court, [Page 44] such person offending shall pay unto the party grieved good costs, and lose the benefit of the Proces returned without such endeavour.

That all Attachments in Pro­ces 43. To be dis­charged on pay­ment of the costs, or upon tender and refusall. shall be discharged upon the Defendents payment, or tender to the Plaintiffs Clerk & refusall of the ordinary costs of the Court, & filing his Plea, Answer or D [...]mu [...]rer (as the case regularly requires) without any motion in Court in that be­halfe. And if after such confor­mity and payment of the costs, (or tender and refusall thereof) any further prosecution shall be had of the said contempt, the party prosecuted shall be dis­charged with his costs.

Commissions to answer.

AFter a contempt duly pro­secuted 44. After Att. cum Procl. no Commis­sion, nor Plea, or Demur­rer. to an Attachment with Proclamation returned, no Commission shall b [...] made to Answer, nor Plea or Demur­rer admitted, but upon motion in Court, and Affidavit made of the parties inability to travail, or other good [...]atter to satisfie the Court touching that de­lay.

The Defendent who is ser­ved 45. Commis­sion to Answer gives li­berty to plead and d [...]murre also. with a Subpoena ad respon­dend. and obtaineth a Com­mission to answer in the Coun­try, shall without more words have the same liberty there by to Answer, Plead, and Demur, as he had by the originall Pro­ces, [Page 46] if he could have appeared in person.

After a Commission once 46. In what case a se­cond Com. to An­swer. obtained to answer, no second Commission shall be granted without speciall Order of Court; or the Plaintiffs owne assent under his hand. And if the time for the Defendents an­swering be inlarged upon Af­fidavit, that he or they cannot answer without fight of Wri­tings in the Country, or in re­spect of the length of the Bill or the like, which shal not be with­out speciall Order in Court, no Commission shall be afterwards granted without like speciall Order of Court, upon good rea­son shewed to induce the same, or the like assent of the Plain­tiff.

[Page 47]In case where the Defendent 47. Sequestra­tion upon non in­vent. or rescue. sits all Process of contempt and cannot be found by the Serje­ant at Armes, or makes a rescue, a Sequestration shall be granted of the land in question. And if the Defendent render not him­self within a yeare, then an In­junction for the possession, and the profits so sequestred to be delivered over to the Plaintiff.

Injunctions.

FOr that it is agreeable to e­quity, 48. Commis­sion to answer to contain an Injuncti­on. and the constant pra­ctise of this Court, that a De­fendent obtaining a Commissi­on to take his Answer in the Country, should not by that de­lay or favour of the Court, get an advantage against the Plain­tiff, by proceeding at Law in the meane time, It is Ordered, that from henceforth every Commission to take an Answer in the Countrey shall containe in it a clause of Injunction to stay the Defendents suit at Law (if any be) touching the matter complained of in the Bill untill he hath answered the Bill, and the Court given other Order, so as issue were not joyned at [Page 49] Law, before the returne of the Subpoena served upon the De­fendent, and in that case to stay judgement for the like time, so that the taking of such Com­mission under seale, shall be a sufficient notice and service of the said Injunction, without motion or other trouble to the Plaintiff, whereupon for breach to ground an Attachment, upon Affidavit of a proceeding at Law after the Commission prayed.

No Injunction to stay Suits 49. Grounds for Injun­ctions to stay suits. at Law shall be granted upon priority of suit onely, nor up­on the bare surmise of the Bill; but upon the Defendents de­lay or wilfull contempt in not Answering, or upon matter confessed in the Answer, or matter of Record, or writing [Page 50] plainly appearing, or the duty demanded appearing to be ve­ry ancient.

Where a Bill comes in after 50. Injuncti­on on Bills after Ver­dict. a Verdict a Law for a debt, an Injunction is not to be granted, without depositing the princi­pall money, except there shall, upon hearing both sides, ap­peare to the Court in the De­fendents Answer, or by deed under hand and seale, or other good matter for relief in equity. And an Injunction granted in such case, or otherwise upon the merit of the cause or equity appearing to the Court, is re­gularly to stand, untill the hea­ring of the cause, unlesse the Plaintiff delay the cause, in which case he may best be quickned, by dissolving the Injunction.

[Page 51]For avoiding multiplicity of 51. Injuncti­ons on the matter without reference. references heretofore used, and charged to the suitor, It is Or­dered that where a motion is made for an Injunction to stay a suit at Law upon allegation of matter of equity confest in the answer, the Councell moving the same, shall have that sug­gestion fair written in his hand, and read or truely open the same to the Court: and if the Court hold that matter of sufficient weight, will thereupon grant an Injunction as is desired, with­out reference, report or further motion, and then the Register is in Court to receive the said suggestion so fairly written, and insert the same verbatim in the Order for granting the Injunction. But if the said sug­gestion be untrue in the sub­stance thereof, upon constructi­on [Page 52] of the whole Answer, and the Defendent be prosecuted by the Plaintiff for breach of the Injunction granted thereupon, he shall be cleare from any con­tempt in that behalfe and have his costs, and such Councell shall justly incurre the displea­sure of the Court.

Where an Injunction to stay 52. Injuncti­on on mis­informati­on. suits is obtained upon a misin­formation made to the Court, (as of matter confessed in the Defendents Answer which in truth is not so confessed, or if confessed in one place, is avoi­ded in another part of the An­swer, or upon other such like plaine abuse to the Court, in that case the party prosecuted with contempt for breach of such Injunction shall upon his examination (the matter appea­ring [Page 53] as asoresaid) be discharged of any contempt, although he hath proceeded at Law after such Injunction granted, and also have his costs taxed for his wrongfull vexation, by the same Master to whom the con­tempt shall be referred without other motion in Court, which also shall be done in like cases, where a contempt stands refer­red to a Master of the Court, he shall tax costs, and certifie the same in his report to the Court, together with his opinion tou­ching the contempt, as well for the prosecutor in case the contempt be confessed or pro­ved, as for the party examined if he be cleared thereof. 53. Injuncti­ons to be dissolved without motion and in what cases.

For avoiding the many mo­tions heretofore frequently made, touching dissolving and [Page 54] continuing Injunctions, it is Ordered, That when an In­junction is granted till Answer and further Order, if no Order be made within fourteen daies, (after the Answer duly filed in Court) for continuance of the Injunction, the same shall stand dissolved without further moti­on upon Certificate only of the Register.

Injunctions to quiet possessi­on 54. Injuncti­ons to qui­et possessi­on. (usually granted for preser­vation of the publike peace, and prevention of force) shall not be granted before hearing, but up­on oath that the Plaintiff was in actuall possession at the time of the Bill exhibited, (and not of Rents or other things which lie not in manuall occupation:) and for such possession as the Plaintiff himself had at the time [Page 55] of the Bill exhibited and three yeares before, but not to be ex­tended further to the possession of such from whom he claimes, or of him and his Tenants, much lesse him and his Assignes or the like. Which Injunction shall not be extended to give the Plaintiff any other possessi­on then he had at the time when the motion was made. And such Injunction in case the Plaintiff delay to bring his cause to hea­ring is also to be dissolved.

No Injunction to quiet such 55. Not to hinder suits, lease, entry or distresse. possession shall extend to hinder the Defendents proceedings at Law to evict the Plaintiff, or from making any lease, or peaceable entry, or single di­stresse for that end. 56. Not ex­tend to take away a possessi­on.

No possession shall be taken [Page 56] from any person by colour of any such Injunction before the cause be heard. And if any be, the Court will restore possessi­on and award costs.

Injunctions against felling of 57. Injuncti­ons for Timber, ploughing. &c. timber, ploughing up of Mea­dow or ancient pastures not ploughed in twenty yeares be­fore, or for maintainance of Inclosures that have continued for the better part of twenty yeares shall be granted as usual­ly they have been, but no De­fendent who by Answer claims an estate of Inheritance, or o­ther estate dispunishable of wast, shall be thereby restrain­ed, unlesse it be particularly so Ordered and mentioned in the said Injunction. And upon mo­tion made for such Injunction, the case is to be truly opened [Page 57] as it stands in Court, and the Defendents Glaime by his An­swer if he have answered.

When the day is appointed 58. Causes to be set down ac­cording to Priority of Publi­cation. for setting downe Causes for the follovving Terme, the fix Clerks shall present the Causes according to their priority in Publication, to be set downe in their Order, so as the old Cau­ses may be first heard and dis­patched. And for that purpose with the names of each Cause they shall present the time when Publication passed, with a short note of the nature of every such cause presented. And according­ly the Court will give Order for setting them downe, so that puyne Causes shall not thrust out those that were ready for hearing before them. Provided that no Cause be presented the [Page 58] same Terme in which Publica­tion shall passe.

Where no Councell appears 59. Default at hearing. for the Defendent at the hea­ring, and Proces appears to have been duely served, the Answer of such Defendent shall be read, and if the Court upon such hearing shall find cause to De­cree for the Plaintiff, yet a day shall regularly be given to the Defendent to shew cause a­gainst the same, but before he be admitted thereunto, he shall pay downe to the Plaintiff or his Attorney in Court such costs as the Court upon that hearing shall assesse, and the Order is to be penned by the Register accordingly, ( viz.) it is decreed so and so, &c. unlesse the Defendent shall by such a day pay to the Plaintiff or his [Page 59] Attorney in Court costs, and shew good cause to the contra­ry, and such Defendent upon his shewing cause shall first produce a Certificate from the Plaintiffs Attorney in Court, that he hath paid the costs or Affidavit of tender and refusall thereof.

The reasons of the judgement 60. Reasons to be expres­sed in the Order. of the Court are in such case where the Defendent makes de­fault to be by the Register shortly inserted in the Order, that the Defendent may know how to apply his cause without a new hearing, but if the Court shall not receive satisfaction thereupon to alter or conforme the decretall Order, but that a new hearing shall be requisite, the Defendent (if the Court shall confirme their first Order upon the second hearing, shall [Page 60] also pay the Plaintiff his full costs expended in the suit.

If the Court upon the hea­ring 61. Costs to be given on hea­ring. of a Cause shall give no re­liefe to the Plaintiff, the Defen­dent shall have costs awarded him in respect of his causlesse vexation. And where a Decree is made against a Defendent the Court will likewise give costs to the Plaintiff as there shall be cause.

Where costs are awarded by 62. Contem­ner to pay the costs double. the Court and the party shall refuse to pay them and be af­terwards prosecuted and found in contempt for not paying of them, he shall not be discharged of such his contempt, untill he shall pay the said costs double, over and besides the costs tax­ed, [Page 61] for the prosecution of the said contempt.

Where Causes are removed 63. Certiorari Bill. by speciall Certiorari upon a Bill containing matter of equi­ty; the Plaintiff is before he have the Certiorari granted, to put in bond to be taken by the Register, to prove his suggesti­ons within fourteen daies after the receipt of his Writ, which if he shall faile to do, upon cer­tificate from the Examiners that no Witnesses are examined, or upon a report that the suggesti­ons are not proved, the Court wil dismisse the Bill with costs, and award a Procedendo.

Decrees.

NO Decree bindeth any 64. Who is bound and who not. man that cometh in bona fide by conveyance before the Bill exhibited, and is made no Pertie either by Bill or Or­der. But where he claimes in trust for such person against whom the Decree is made or comes in dependente lite without allowance or privity of the Court it is otherwise.

No Decree shall recite the 65. To be drawne briefly. Bill, Answer, pleadings or De­positions or any of them verba­tim, but onely the short state of the matter and the Decretall Order, and the opinion and judgement of the Court.

[Page 63]No Decree being once under 66. Not to be altered but by Bill of review. the Great Seale shall be reversed or altered at the suit of the per­son against whom the Decree is made, or any man claiming in privity, by, from or under him, but by Bill of review onely.

But in case of mistaking in a 67. Save in mistakes demon­strative. Decree which is demonstrative, viz. an errour in auditing or numbring, mistaking the date or the like, by the leave of the Court the same may be certified without a Bill.

That all Decrees and dismis­sions 68. When to be enrol­led. pronounced upon hearing the cause in this Court be drawne up, signed and enrolled before the first day after the next Michaelmas or Easter Term after the same shall be so pro­nounced respectively, and not [Page 64] at any time after, without spe­ciall leave of the Court.

That a short entry and Doc­quet 69. An entry to be made of the Lands &c. be made in a Register book kept by the Register of this Court, or such Clerk as he shall appoint for that purpose of all Decrees that are drawne up and enrolled, whereby any Lands or Lease is decreed or charged with any sum of money, annui­ty, &c. & of the Lands in parti­cular, and the Parish, or Town and County where the same lie, to the end that any person that hath occasion may resort to that Register Book, to see whe­ther any Decree be made tou­ching such Lands, houses, &c. and in case no such entry be made within six moneths after such Decree shall be signed by the Lords Commissioners for [Page 65] the great Seal and enrolled, the same shall not prejudice any Purchaser, who shall bona fide purchase any estate in such lands, houses, &c. after the time limited for such entry to be made.

That the six Clerks, and all 70. Clerks to take care it be done. other Clerks of this Court doe therefore take care for their Cli­ent, that such entry be made of all Decrees by them drawn up and inrolled by the time be­fore limited, that the Client do not suffer through their neglect: And that the Register shall take onely the Fee of twelve pence for such entry, twelve pence for a Certificate, and four pence for a search where no Certifi­cate 71. Prosecuti­on of a Decree for lands. is made.

In case of a Decree for lands [Page 66] upon Oath made, that the same hath been personally served, and is not obeyed, and an At­tachment is issued under Seale for such contempt, the Court doth usually grant an Injuncti­on for the possession, and upon Oath made of the serving there­of upon the party, and that the same is not obeyed, a Commis­sion is to be awarded to some of the Justices of the Peace of that County, to put and keep the Plaintiff and his Assignes in possession, and in case of resi­stance, a Writ of assistance is to be awarded to the Sheriffe for that purpose.

Where the party is commit­ted, 72. Contem­ner when to be dis­charged. or brought in by a Serjeant at Arms for breach of a Decree, he is not to be inlarged untill he hath performed the Decree in [Page 67] all things that are to be pre­sently done, and given securi­ty by Recognizance with Sure­ties, as the Court shall order, to performe the other parts of the Decree (if any be to be perfor­med) at future dayes and times appointed by the Decree.

Where the party is commit­ted 73. When re­strained. for breach of a Decree, or Order of Court, he ought to be restrained within the Fleet, and not permitted to go abroad without speciall license of the Court.

Where a Decree is made for 74. Decree for money out of land. Rent to be paid out of the land, or a sum of money to be levied out of the profits of lands, there a Sequestration of the same lands being in the Defen­dents hands, or of any rent re­served [Page 68] to the Defendent out of the same lands may be granted.

Where causes are dismissed 75. Dismissi­on on hea­rings. upon full hearing, and the dis­mission signed and inrolled, such causes are not againe to be retained, nor any new Bill ad­mitted, except it be a Bill of Review, or upon matter of like nature, as in case where a De­cree is sought to be avoided, and upon like security and al­lowance of the Court.

Bills of Review.

TO the end that after a De­cree 76. Grounds of Bill of Review. made the party may be at peace, and multiplicity of suits be avoided, no Bill of Review shall be admitted, ex­cept it containe either error in Law appearing in the body of the Decree, without either a­verment, or further examinati­on of matters in fact, or upon new matter discovered in time after the Decree made, and whereof the party could not have had advantage before; and upon such Bill of Review no Witnesses shall be examined to any matters which were or might have been examined un­to upon the former Bill; but upon Oath made of such new [Page 70] matter discovered as afore­said, a Bill of Review may be exhibited by leave of the Court and not otherwise.

No Bill of Review shall be 77. Not ad­mitted till obedience, except in particular cases. admitted, nor any other Bill to change matters decreed, except the Decree be first obeyed and performed: But if any Act be decreed to be done, which ex­tinguisheth the parties right at Common Law, as making of assurance or release, acknow­ledging satisfaction, cancelling Bonds or Evidences, and the like, or where the error is appa­rent in the body of the Decree, as aforesaid, the Court upon motion may dispense with the actuall performance of that part of the Decree till the Bill of Review be determined.

[Page 71]No Bill of Review shall be 78. And upon Security. allowed, except the party that prefers it (giving notice to the Defendent therein) do first en­ter into a Recognizance with Sureties before some Master of the Court in ordinary, of a fit penalty in relation to the matter decreed for the satisfa­ction of the costs and damages if the Bill of Review be dismis­sed.

Contempts.

VVHere a contempt is 79. Appea­rance on con­tempts. prosecuted against any man he shall not be put to move the Court as formerly hath been used, either for Inter­rogatories to be exhibited, or for reference of his examinati­ons and discharge being ex­amined. But where any person shall be brought in by Proces or shall appeare gratis to be ex­amined upon a contempt, he shall give notice of such his ap­pearance to the Attorney or Clerk of the other side: And if within eight daies after such ap­pearance and notice given In­terrogatories shall not be exhi­bited whereon to examine him; or if being examined, no refe­rence [Page 73] shall be procured of his examination, nor Commission taken out by the other side, nor Witnesses examined in Court to prove the contempt within one moneth after such examina­tion, then the party so examined shall be discharged of his con­tempt without further motion, and may attend any one of the Masters of the Court for the taxing of his costs, which the Master is to tax without further Order, and that taxation being entred in the Register the party may proceed for the same of course, as in like cases of costs taxed.

If after appearance and In­terrogatories 80. Departure without being exa­mined. exhibited as a­foresaid, the party appearing shall depart before he be exa­mined (without leave of the [Page 74] Court) he is upon motion and Certificate from the Register, and of such his departing and not being examined, and of the Interrogatories exhibited from the Examiner, to stand commit­ted without further day given unto him, and is not to be dis­charged from such his con­tempt untill he hath been exa­mined and been cleared of his contempt. And if he shall upon his Examinations or by proofs be found in contempt, he shall cleare such his contempt and pay the prosecutor his costs, be­fore he be discharged of his im­prisonment. And although he be cleared of his said contempt yet he shall have no costs, in re­spect of his disobedience in not being examined without the prosecutors trouble and charges in moving the Court as afore­said.

[Page 75]In case of prosecution of a 81. Interroga­tories not to exceed the Affi­davit. contempt for breach of an Or­derof the Court or otherwise grounded upon an Affidavit, the Interrogatories shall not be extended to any other matter then what is comprehended in the said Affidavit or Order. And if any other shall be exhibited, the party examined may for that reason demurre unto them, or refuse to Answer them.

Where the party prosecuted 82. Commis­sion to prove it of course. upon a contempt hath denied it, or the same doth not clearly appeare by his Examinations, the prosecutor may take out a Commission of Course to prove the contempt, and in such case the party prosecuted may name one Commissioner to be pre­sent [Page 76] at the execution of the Commission, and may hence­forth (notwithstanding the for­mer usage to the contrary) crosse examine the Witnesses produced against him, to prove the contempt, but is not to exa­mine any Witnesses on his part, unlesse he shall satisfie the Court touching some matter of Fact necessary to be proved for clearing the truth. In which case the Court if there be cause will give leave to him to examine Witnesses to such particular points set down, and the other­side may crosse examine such Witnesses. But the Interroga­tories on both sides are to be in­cluded in the Commission. 83. In what cases a Com. shall be to exa­mine Contem­ners.

Where a contempt is prose­cuted against one who by rea­son of age, sicknesse or other [Page 77] cause is not able to travaile, or in case the same be against ma­ny persons who are servants or workmen and live far off: the Court will upon motion and Affidavit thereof, grant a Commission to examine them in the Countrey▪ Which Com­mission shall be sued out and ex­ecuted at the charge of the per­son or persons desiring it, di­rected to such indifferent Com­missioners as the prosecutor of the contempt shall name (as in other cases) and one Commissi­oner onely at the nomination of the party prosecuted as afore­said. Which Commission shall be executed at such convenient time and place, as the six Clerks not towards the cause upon hearing the Clerks on both sides shall set downe.

[Page 78]Upon every examination or 84. Master to tax costs of course. proof of a contempt referred to any of the Masters of the Court, to certifie whether the contempt be confessed or pro­ved or not: the Master in his Certificate thereof made to the Court shall likewise assesse and certifie the costs to either party, as there shall be cause without other Order or motion made for that purpose.

Commitment.

THe Court being tender of 85. On misde­meanour on service. the liberty of mens per­sons, and to avoid their impri­sonment upon malicious Affi­davits, which are often made by one mean and ignorant person, and which hath heretofore by the course of the Court drawn [Page 79] on a Commitment, doth Order, That from henceforth where oath shall be made of misde­meanour in beating or abusing the party upon serving of the Proces or Orders of the Court, the party offending is to stand committed upon motion, and no examination is in that case to be admitted.

And where Affidavit shall 86. For scan­dalous and contemp­tuous words a­gainst the Court. be made by two persons, of scandalous or contemptuous words against the Court or the Proces thereof, the party offen­ding shall likewise stand com­mitted upon motion without a­ny further examination. And a single Affidavit in such case shall be sufficient to ground an Attachment, whereupon such person shall be brought in to be examined. And if the misde­meanour shall be confessed, or [Page 80] proved against him, he shall stand committed until he satisfie the Court touching his said mis­demeanour, & pay the prosecu­tor his costs: and if he shall not be thereof found guilty, save by the oath of the party who made such Affidavit, he shall be dis­charged, but without any costs, in respect of the oath made a­gainst him, as aforesaid.

That no Order whatsoever, 87. Orders to be entred in eight daies. except decretal or final Orders upon hearing be received to be entred after the space of eight days, to be reckoned from the day of the Order pronounced exclusivè: And if the party on whose behalf the motion is made do not prosecute the drawing up of the Order within 4. days, the Register is to do the same according to his notes at the in­stance of the adverse party.

Masters.

THE Masters are not 88. Reports not to be special without Order. upon the importunity of Councel (how eminent soever) or their Clyents, to return spe­cial certificates to the Court, unless they are required by the Court so to do, or that their own judgment in respect of dif­ficulty leadeth them unto it. Such kinde of certificates for the most part occasioning a needless trouble, rather then ease to the Court, and certain expence to the Suitor.

Their Certificates and Re­ports 89. Nor pro­lix. are to be drawn as succin­ctly as may be (preserving the matter clearly for the judge­ment of the Court) and with­out [Page 82] recital of the several points of the Orders of Reference (which do sufficiently appear by the Orders themselves) or the several debates of Councel before them; unless that in ca­ses where they are doubtfull, they shortly represent to the Court, the reasons which induce them so to be.

The Masters of the Court 90. To be up­on the whole an­swer. are to take notice, That when the Court requires to be satisfi­ed from them touching any matter alledged to be confess­ed, or set forth in the Defend­ants Answer; it is intended that without further Order they should take consideration of the whole Answer or An­swers of the Defendant, and cer­tifie not only whether the mat­ter be so confessed or set forth, [Page 83] but also any other matter, a­voiding that confession, or bal­lancing the same, that the Court may receive a clear and true in­formation.

The Masters in taking Affida­vits, 91. Oaths re­vertndly to be ad­ministred. and taken and administring of Oaths in cases duly presented unto them, are to be circumspect and wary that the same be reverend­ly and knowingly given and ta­ken, and are therefore to admi­nister the same themselves to the party, and where they di­scern him rash, or ignorant, to give him some conscionable admonition of his Duty, and be sure he understand the matter contained in his Affidavit, and read the same over, or hear it read in his presence, and sub­scribe his name or mark there­unto before the same be certifi­ed [Page 84] by the Master, who is not to receive or certifie any Affida­vit, unless the same be fairly and legibly written without blot­ting, or interlineation of any word of substance.

In all matters referred to the 92. Reports positive. Masters of the Court, their Certificate (not being to ground a Decree) if it be posi­tive is to stand, and Proces may be taken out to enforce per­formance thereof without fur­ther motion, unless the adverse party upon notice given (to his Attorney or Clerk in Court) that such report is filed against him, shall within eight days af­ter such notice (if it be given in Term, or whiles the General Seals for motions are held, or within four days in the next Term, if it be given after) ob­tain [Page 85] some Order in Court to controle or suspend the same. And in case of an insufficient Answer certified by the Mast­ers, the Plaintiff may imme­diately take out Proces against the Defendant for his Costs, and to make a better Answer as hath been formerly used.

Where after Certificate or 93. Appeals from them Report made by the Masters of the Court, either Party shall appeal from the same, to the judgement of the Court, he shall first file his exceptions thereunto briefly, with the Re­gister and deposite with him, Fourty shillings to be paid to the other Party for his Costs, if he prevail not in such Appeal. And then the Register shall en­ter such Causes of Appeal in a paper in order as they are [Page 86] brought unto him to be deter­mined by the Court in course upon days of motions, and no­tice thereof to be given by the party appealing, to the Clerk of the other side. And also the Registers Paper to be set up in the Office two days before. And if the Court shall not alter the Masters Report, then the four­ty shillings deposited to be paid to the Party defending the same, with such increase as the Court shall finde cause to im­pose, otherwise to be restored to the party appealing, and both without charge.

Petitions.

NO Injunction for stay of 94. No injun­ction to be granted on Petiti­on. Suit at Law shall be gran­ted, revived, dissolved, or staid [Page 87] upon Petition. Nor any In­junction of any other nature shall pass by Order upon Peti­tion, without notice and a Co­py of the Petition first given to the other side, and the Petition filed with the Register, and the Order entered.

No Sequestration, Dismissi­on, 95. Nor Se­questrati­on, Dis­mission, Retainer, nor final Order. Retainers upon dismissions or final Orders, are to be gran­ted upon Petition.

No former Order made in 96. Nor Or­der alte­red or ex­plained, nor com­mitment discharg­ed. Court is to be altered, or ex­plained upon a Petition; no Commitment of any person taken upon Proces of contempt to be discharged by Order made upon Petition, unless in the Vacation, and upon hearing the adverse Party his Attorney or Clerk in Court.

[Page 88]No Commissions for exa­minations 97. No Com­missions to examine witnesses to be a­warded, or discharged nor exa­minations suppressed by Petiti­on. of witnesses, shall be awarded or discharged, nor ex­aminations suppressed upon Petition, except it be upon point of the Course of the Court first referred to the six Clerks not towards the Cause and certificate thereupon.

Paupers.

After an admittance In forma 98. Not to pay Fees. Pauperis, no Fee, Profit, or Reward shall be taken of such Party admitted, by any Coun­cellor or Attorney for the dis­patch of the Paupers business, during the time it shall depend in Court, and he continued In forma pauperis; nor any con­tract, nor agreement be made for any Recompence, or Re­ward [Page 89] afterwards. And if any Person offending herein shall be discovered to the Court, he shall undergo the displeasure of the Court, and such further punishment as the Court shall think fit to inflict upon him, and the party admitted, who shall give any such Fee or Re­ward, or make any such con­tract, or agreement, shall be from thenceforth Dispaupered, and not be afterwards admitted again in that Suit to prosecute in forma pauperis.

If it shall be made appear to 99. No [...] to contract for the be­nefit of the Suit. the Court, That any Person prosecuting in forma pauperis, hath sold or contracted for the benefit of the suit, or any part thereof whiles the same depends, such cause shall be from thenceforth totally dis­missed [Page 90] the Court, and never a­gain Retained.

Such Councel, or Attorney 100. Councel and Attor­ney assig­ned to do their duty. as shall be assigned by the Court to assist the Person admitted in forma pauperis, either to prose­cute or defend, may not refuse so to do, unless they satisfie the Lords Commissioners, or Ma­ster of the Rolles who granted the admittance, with some good reason of their forbear­ance.

That Councellor who shall 101. Motions for them to be first made. move any thing to the Court, on the behalf of a Person ad­mitted in forma pauperis, ought to have the Order of admit­tance with him, and first to move the same, before any other motion. And if the Register shall finde that such person was [Page 91] not admitted in forma pauperis, he shall not draw up any Or­der upon the second motion made by any such Councel, but he shall lose the fruit of such second motion in respect of his abuse to the Court.

No Proces of Contempt 102. Proces of Contempt for them to be first signed by the six Clerk. shall be made forth and sent to the Great Seal at the suit of any Person prosecuting as Plain­tiff in forma pauperis, untill it be signed by the six Clerk who deals for him, and the six Clerks are to take care, that the such Proces be not taken out need­lesly, or for vexation, but upon just and good cause, as they will answer it to the Court, if the contrary shall appear.

And lastly; it is Ordered, 103. That all Masters of the Court [Page 92] of Chancery, Councellors, and all Officers, Ministers, Clerks, and Solicitors in the said Court, do observe these Orders, which are to conti­nue until upon further Consi­deration and experience, any Alterations shall be thought fit to be made therein.