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 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 in 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 convenient time next after the delivery of such note or writing as aforesaid such Party Complainant 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 Complainant 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 move 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 precedents 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 viewed 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 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 Precedent 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 petiâ—ion 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 he 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 Enterers 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 rehearsing 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 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 III For speeding appearance upon serving Writs or Warrant in Chancery or to have Decrees within a short time for default 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 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 Coâ—â—lainant in such Suit not onely for his or her appearance there b 〈…〉 t 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 IV That a Conusor or Plaintif in a Judgement or Statute if he will may make his Entry and Claim and then bring an Ejectment or reall Action as the Cause shall require which he is driven to also great charge and trouble about Executions served concerning the same WHereas divers honest people of this Nation have been put to great expences and charges and put to much delay about Executions of writs of choise and extents and specialll writs upon Outlaries against Lands and Tenements And yet after such expences and delayes and Executions done or could the plaintifs or Conusees in such Writs have possession of such Lands or Tenements till they have or shall prove their Title thereunto upon an Action of Ejectment if a plea be pleaded thereunto And the Tenant in possession thereof thereby evicted And after such Plaintifs and Conusees have been outed the same by dormant precedent Titles and Charges which they neither have nor could come to the knowledge of till they have been brought upon such Lands and Tenements And divers others have had their inquisitions upon such avoided by Writs of hearing complaints by reason they have not found their Inquisitions of all the Lands and Tenements which were of the Defendants or Conusors in such Writs at the time of the entring into the Judgements and Statutes upon which such Writs have issued and after many times some small parcels thereof have been omitted by reason they have been obscure and dormant as aforesaid till such Writs of hearing complaints brought For remedy whereof it is proposed to be desired that it may Be Enacted That any plaintif or plaintifs who hath or have or hereafter shall have a Judgment Statute or Outlary against any defendant and shall be advised by Counsell or finde that he she or they can have no further intelligence by inquest upon Writ or Writs of Elegit or Extent then they shall know before may make his her or their Entry and Claim upon and unto all and every parcell and parcells of Lands Tenements or Hereditaments Annuities or Rents in all every or any mans possession or wherein such defendant was then seised of any Estate or had any Estate Title Interest or terme of years which were of such defendant the time of such Judgement entred or such Statute acknowledged or such Outlary promulgated or after And that such entry shall be as sufficient for such plaintif or plaintifs as if any Elegit Extent speciall Writ of Outlary and liberate thereupon were thereupon executed returned and filed And that upon such entry and claim such plaintif or plaintifs shall and may be intituled as or in the nature of Free-hold of and in such Lands Tenements Annuities and Rents and prosecute for recovery of and have and take the possession Rents Issues and profits thereof in as ample and beneficiall manner and forme as in of and concerning other Lands and Tenements that is to say by vertue of such Writs of Choice or Extent untill such plaintif or plaintifs be or shall be fully satisfied of the debts or duties in such Writs and by such Writs of speciall Outlary untill such satisfaction reversall or pardon of such Outlary and sufficient Bail mainprise Sureties or Manucaptors found and put in the Court into which such Outlary be or shall be returned for satisfaction of such debt or duty if it be or shall be recovered upon a new Action to be brought for the same cause upon or for which such Outlary was or shall be pronounced And that by reason of any such Writ of hearing Complaint no person or persons shall be removed from or hindred of the possession of any such Lands Tenements Rents or Annuities so extended or to be extended other then of so much onely as the plaintif or plaintifs in such Writ of hearing complaint do or shall make appear upon Tryall that the value of the Lands Tenements or Annuities so omitted to be extended be or shall be compelled to make restitution to the plaintif or complainant in such Writ of hearing complaint of the profits received or to be received of such Lands Tenements Rents or Annuities for the time that such person or persons so extending entred or shall enter upon the same untill their time of the leaving the possession thereof onely for so much as the value of such omission during the same time be or shall be And that then such Conusor or Conusors Plaintif or Plaintifs in such Judgements or Extents may extend such omissions every of them as they be or shall be so brought to light the onâ— of them after the other of them THE END
witnesses living and of perfect sense and memory and in England easie to be found by such complainant or complainants and untill such complainant or complainants after such Defendant or Defendants have joyned in Commission in the said Court of Chancery with the said complainant or complainants so examined of the said witnesses again have had sufficient and convenient time viz. by space of next after such joyning in Commission And that such Commission shall be fairly written in parchment and the said Depositions written in manner and form as is mentioned in the said Proposalls II An Abatement of the Motions and Orders c. 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 their in much greater benefit And such Serjeants altogether or for the most part taken up in moving and arguing at the bars of several 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 Suits and Causes upon Writs and Bills at Trialls to be lost and no further proceedings thereupon to be but the plaintifs 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 prosecute 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 light hath appeared in all manner of learning to the severall sorts 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 Deputies 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 dâ—vers others by such occasions have been quite and others almost dâ—stracted and 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 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 precedents 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 precedents 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 enacted 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 writing to the party or parties his her or their Artorney 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 six 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 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 commiâ—ting 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