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<DATE>03-13-07</DATE>
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<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
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<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>A COLLECTION Of &s;uch of the ORDERS Heretofore u&s;ed in <HI>CHA&V;NCERY,</HI> With Such Alterations &amp; Additions thereunto, as the Right Honorable the Lords Commi&s;&s;ioners for the <HI>GREAT SEAL</HI> of <HI>ENGLAND,</HI> By and with the advice and a&s;&s;i&s;tance of the Honorable the Ma&s;ter of the <HI>Rolls,</HI> Have thought fit at pre&s;ent (in Order to a fur|ther Reformation now under their Lord&s;hips Con&s;ideration) to Ordain and Publi&s;h, FOR Reforming of &s;everal Abu&s;es in the &s;aid Court, preventing Multiplicity of Suits, Motions, and un|nece&s;&s;ary Charge to the Suitors, and for their more expeditious and certain cour&s;e for Relief.</P>
<P><HI>LONDON,</HI> Printed by <HI>John Macock</HI> for <HI>Francis Tyton,</HI> and are to be &s;old at his &s;hop at the three Daggers neer the <HI>Inner-Temple, Fleet &s;treet.</HI> 1649.</P>
</DIV1>
<DIV1 TYPE="imprimatur">
<PB REF="2" MS="y">
<P><HI>Imprimatur,</HI></P>
<CLOSER><SIGNED>Hen: Scobell, Cleric. Parliament.</SIGNED></CLOSER>
</DIV1>
</FRONT>
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<DIV1 TYPE="text">
<PB REF="2" MS="y">
<GAP DESC="duplicate" EXTENT="1 page">
<PB REF="3">
<PB N="5" REF="3">
<DIV2 TYPE="part">
<HEAD>Pleadings.</HEAD>
<P>THat no Councellor<NOTE PLACE="marg">1. Suecinct|ne&s;s in Bills and Pleadings</NOTE> do put his hand to any Bill, An&s;wer, or other Pleading, unle&s;s it be drawn, or at lea&s;t peru&s;ed by him&s;elf in the paper|draught, before it be engro&s;&s;ed, (which they &s;hall do well, for their own di&s;charge, to &s;ign al|&s;o after peru&s;al.) And Coun|cell are to take care that the &s;ame be not &s;tuft with repeti|tions of Deeds, Writings, or Records in <HI>Haec Verba;</HI> but the
<PB N="6" REF="4">
effect and &s;ub&s;tance of &s;o much of them only, as is pertinent and material to be &s;et down, and that in brief terms, without long and needle&s;s traver&s;es of points not traver&s;able, tauto|logies, multiplication of words, or other impertinencies, occa|&s;ioning needle&s;s prolixity, to the end the ancient brevity, and &s;uccinctne&s;s in Bills, and other pleadings, may be re&s;tored and ob&s;erved. Much le&s;s may Coun|cel incert therein any matter meerly criminous or &s;candal|ous under the penalty of good co&s;ts to be laid on &s;uch Coun|cel, and payd to the party grie|ved before &s;uch Councel be heard in Court.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="7" REF="4">
<HEAD>Pleas &amp; Demurrers.</HEAD>
<P>FOra&s;much as the Defendant<NOTE PLACE="marg">2. What Pleas or Demurers may be put in without per&s;onal attend|ance, or charge of Commi&s;&s;i|on.</NOTE> being &s;erved with proce&s;s to an&s;wer, may by advice of Councel, upon &s;ight of the Bill only, be enabled to demur there unto, if there be cau&s;e; or may by like advice be enabled to put in any ju&s;t Plea, which he hath in di&s;ability of the per&s;on of the Plaintiff, or to the Juri&s;dicti|on of the Court: It is there|fore Ordered, That &s;uch De|murrer, or &s;uch Plea in di&s;abi|lity, or to the Juri&s;diction of the Court under the hand of Councel learned, &s;hall be re|ceived and filed, although the Defendant do not deliver the &s;ame in per&s;on, or by Commi&s;|&s;ion; And therefore if the De|fendant
<PB N="8" REF="5">
&s;hall pray a Commi&s;&s;i|on, and thereby return a De|murrer only, or only &s;uch Plea which &s;hall be afterwards over|ruled, the Defendant &s;hall pay five Marks co&s;ts; and although it be allowed, the Defendant &s;hall have no co&s;ts in re&s;pect of the Plaintiffs needle&s;s trouble, occa&s;ioned by &s;uch Commi&s;|&s;ion.</P>
<P>No Demurrer &s;hall be &s;aid<NOTE PLACE="marg">3. No Plead|ings to be of effect till filed.</NOTE> to be received, or to be of effect in Court, until the &s;ame be filed to the Bill in the cu&s;tody of the &s;ix Clerk, being the Plaintiffs Attorney. No more &s;hall any Bill, An&s;wer, or other Pleading, be &s;aid to be of record, or to be of any effect in Court, until the &s;ame be filed with &s;uch of the &s;ix Clerks, with whom it ought properly to remain.</P>
<P><PB N="9" REF="5">Every Demurrer &s;hall ex|pre&s;s<NOTE PLACE="marg">4. Demurers and Pleas on the <GAP DESC="illegible" EXTENT="1 word"> Matter, or to the Ju|ri&s;diction.</NOTE> the &s;everal Cau&s;es of De|murrer, and &s;hall be determined in open Court. And &s;uch Pleas al&s;o as are grounded upon the &s;ub&s;tance and body of the mat|ter, or extend to the Juri&s;dicti|on of the Court, &s;hall be deter|mined in open Court: And for that purpo&s;e the Defendant is to enter the &s;ame with the Regi&s;ter, within eight days after the filing thereof; or in default of &s;uch entry made, the &s;ame &s;hall be di&s;allowed of cour&s;e, as put in for delay, &amp; the Plain|tiff may then take out Proces to enforce the Defendant to make a better an&s;wer, and pay forty &s;hillings co&s;ts, and the &s;ame &s;hall not afterwards be ad|mitted to be &s;et down or deba|ted, unle&s;s (upon &s;pecial rea&s;on &s;hewed to the Court before
<PB N="10" REF="6">
&s;uch Proces to make better an|&s;wer be taken out) it &s;hall be otherwi&s;e ordered by the Court. And if any cau&s;e of De|murrer &s;hall ari&s;e, and be in&s;i&s;t|e&s;t on at the debate of the De|murrer (more then is particu|larly alledged) yet the Defend|ant &s;hall pay the ordinary co&s;ts of over ruling a Demurrer, (which is hereby ordered to be five Marks) if tho&s;e cau&s;es which are particularly alledged be di&s;allowed, although the Bill, in re&s;pect of that particu|lar, &s;o newly alledged, &s;hall be di&s;mi&s;&s;ed by the Court.</P>
<P>A Plea of Outlary, if it be in<NOTE PLACE="marg">5. Plea of Outlary.</NOTE> any Suit for that duty, touching which, relief is &s;ought by the Bill, is in&s;ufficient according to the Rule of Law, and &s;hall be di&s;allowed of cour&s;e, as put
<PB N="11" REF="6">
in for delay, and the Plaintiff may (notwith&s;tanding &s;uch Plea) take our Proces to en|force the Defendant to make a better an&s;wer, and pay five Marks co&s;ts; Otherwi&s;e a Plea of Outlary is always a good Plea, &s;o long as the Out|lary remaineth in force, and therefore the Defendant &s;hall not be put to &s;et it down with the Regi&s;ter: And after the &s;aid Outlary rever&s;ed, the De|fendant upon a new Subpena &s;erved on him, and payment un|to him of twenty &s;hillings co&s;ts, &s;hall an&s;wer the &s;ame Bill, as if &s;uch Outlary had not been: But if the Plaintiff conceive &s;uch Plea of Outlary through mi&s;|pleading, or otherwi&s;e, to be in|&s;ufficient, he may, upon notice given to the Clerk, on the other &s;ide &s;et it down with the Re|gi&s;ter
<PB N="12" REF="7">
to be Debated with the re&s;t of the <HI>Pleas</HI> and <HI>Demur|rers</HI> in Cour&s;e; but if the Plain|tiffe &s;hall not in &s;uch ca&s;e enter it with the Regi&s;ter, within eight days after the &s;ame &s;hall be filed, the Defendant may take out Proces again&s;t the Plaintiff for his Ordinary Co&s;ts of five marks, as if the &s;ame had been heard.</P>
<P>The Dependancy of a for|mer<NOTE PLACE="marg">6. Plea of a former &s;uit depending</NOTE> &s;uit for the &s;ame matter, is al&s;o a good Plea, and therefore the Defendant &s;hall not be put to &s;et it down with the Regi|&s;ter. But if the Plaintiffe be not &s;atisfied therewith, the &s;ame &s;hall be referred to one of the Me&s;ters of the Court to cer|tifie the truth thereof: and if it &s;hall be determined again&s;t the Plaintiff, he &s;hall pay to the
<PB N="13" REF="7">
Defendant, five pounds Co&s;ts. But &s;uch Reference &s;hall be procured by the Plaintiff, and a Report thereupon within one Moneth after the filing of &s;uch Plea, otherwi&s;e the Bill to &s;tand di&s;mi&s;&s;ed of cour&s;e, with the ordinary Co&s;ts of &s;even no|bles.</P>
<P>If after a Suit Commenced<NOTE PLACE="marg">7. Plea of a Suit de|pending in another Court.</NOTE> at the Common-Law, or any o|ther inferiour Court, a Bill &s;hall be exhibited in this Court to be relieved for the &s;ame mat|ter, the Dependancy of the former Suit &s;hall be admitted as a good Plea, and the Defen|dant not be put to motions for an Election, or Di&s;mi&s;&s;ion: and that Plea &s;hall be proceeded in, as in Ca&s;e of a Plea of a former Suit Depending in this Court for the &s;ame matter.</P>
<P><PB N="14" REF="8">If the <HI>Demurrer</HI> be grounded<NOTE PLACE="marg">8. Demurrer upon a flip or mi&s;take</NOTE> only upon &s;ome Error, &s;lip, or mi&s;take in the Bill, the Plaintiff without Motion &s;hall be per|mitted of Cour&s;e to amend the &s;ame, paying to the Defendant, or his Attorney to his u&s;e, twenty &s;hillings Co&s;ts. But if the Plaintiff &s;hall not within eight days after &s;uch <HI>Demurrer</HI> put in, amend, or alter it, and pay the Co&s;ts, then the <HI>Demurrer</HI> &s;hall &s;tand to be determined in <HI>Court,</HI> and if the &s;ame be ruled a|gain&s;t the Plaintiff, he &s;hall pay the Ordinary Co&s;ts for over-ru|ling a <HI>Demurrer.</HI></P>
<P>If the Plaintiffe or his Attor|ney<NOTE PLACE="marg">9. Demurrer being ad|mitted the Bill to be di&s;mi&s;&s;ed of Cour&s;e.</NOTE> in Court &s;hall, within eight days after a <HI>Demurrer</HI> filed, give notice to the Defendant, or his Attorney in Court, under either of their hands, that the Plaintiff
<PB N="15" REF="8">
doth admit the <HI>Demurrer</HI> to be good, and &s;hall pay the Defen|dants Attorney, or his Clerk in <HI>Court,</HI> fourty &s;hillings Co&s;ts; then the Defendant &s;hall not need to attend his <HI>Demurrer:</HI> but the Bill &s;hall &s;tand di&s;mi&s;t of Cour&s;e without Motion, un|le&s;&s;e the Parties, or their Attor|neys on both &s;ides &s;hall agree to an amendment of the &s;ame, but &s;uch di&s;mi&s;sion is to be no Bar to a new Bill to be exhibited by the Plaintiff.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>An&s;wers.</HEAD>
<P>AN an&s;wer to a matter char|ged<NOTE PLACE="marg">10. An&s;wer to matter of Fact.</NOTE> as the Defendants own fact, mu&s;t regularly be with|out &s;aying to his <HI>Remembrance,</HI> or as he <HI>Believeth,</HI> if it be laid to be done within &s;even years
<PB N="16" REF="9">
before, unle&s;&s;e the <HI>Court</HI> upon exception taken, &s;hall finde &s;pecial cau&s;e to di&s;pence with &s;o po&s;itive an An&s;wer. And if the Defendant deny the Fact, he mu&s;t traver&s;e or deny it (as the cau&s;e requires) directly, and not by way of Negative preg|nant. As, if he be charged with the receipt of a &s;umme of Mo|ney; he mu&s;t deny, or traver&s;e that he hath not received that &s;umme, or any part thereof, or el&s;e &s;et forth what part he hath received. And if a Fact be laid to be done with divers circum|&s;tanees, the Defendant mu&s;t not deny or traver&s;e it literal|ly, as it is laid in the Bill, but mu&s;t An&s;wer the point of &s;ub&s;tance po&s;itively and cer|tainly.</P>
<P><PB N="17" REF="9">VVhen the Defendent hath<NOTE PLACE="marg">11. Hearing on Bill &amp; An&s;wer with cau|tion.</NOTE> an&s;wered, the Plaintiff is to be well advi&s;ed upon the an&s;wer; and if he &s;hall find that upon the an&s;wer alone without fur|ther proofe, there be &s;ufficient ground for a finall Order or Decree, the Plaintiff may pro|cure his Attorney to pre&s;ent the &s;ame in cour&s;e to be &s;et down, to be heard upon Bill and An&s;wer, without further lengthning of the cau&s;e; but in ca&s;e the Court &s;hall not find grounds to make a Decree or fi|nall Order thereupon, the Bill &s;hall be di&s;mi&s;&s;ed with co&s;ts, or the Plaintiff admitted to reply if he de&s;ire it, fir&s;t paying down 5. l. co&s;ts to the Defendent or his Clark, which if he &s;hall not do in foure daies after &s;uch hea|ring, then the di&s;mi&s;&s;ion to &s;tand, and the conclu&s;ion of the
<PB N="16" REF="10">
Order upon hearing, is to be pen|ned by the Regi&s;ter according|ly, that the &s;aid Bill &s;tand di&s;|mi&s;&s;ed without any further or|der or direction, and then &s;uch di&s;mi&s;&s;ion &s;hall be a good plea in Barre of any new Bill for the &s;ame matter.</P>
<P>If a hearing be prayed upon<NOTE PLACE="marg">12. At hearing on Bill and An&s;wer, what evi|dence.</NOTE> a Bill and An&s;wer, the an&s;wer mu&s;t be admitted to be true in all points, and no other evi|dence to be admitted, unle&s;&s;e it be matter of record, to which the an&s;wer refers and is prove|able by the record. The Plain|tiff is therefore to be well advi|&s;ed therein, that the Court be not put to an unnece&s;&s;ary trou|ble, and him&s;elfe to a certaine charge, in bringing his cau&s;e to hearing, which will not beare a Decree.</P>
<P><PB N="19" REF="10">VVhereas the Defendent<NOTE PLACE="marg">13. Plaintiff to reply, if the An|&s;wer good to a com|mon in|tent.</NOTE> hath put in an an&s;wer, if the Plaintiff hath proofs for the matters denied, he is not to in|&s;i&s;t upon the in&s;ufficiency of the an&s;wer, if the &s;ame be good to a common intent, but pro|ceed to replication and proofe, to avoid charge and expence of time in cavilling with an&s;wers.</P>
<P>If exceptions be put in to an<NOTE PLACE="marg">14. Time to an&s;wer ex|ceptions.</NOTE> An&s;wer after the Terme, the Defendent &s;hall not be compel|led to &s;tay in Towne, to attend the Plaintiffs exceptions, but &s;hall have time to an&s;wer untill the fourth day of the next Terme, unle&s;&s;e the Court &s;hall<NOTE PLACE="marg">15. Time for exceptions to be deli|vered, and co&s;ts for in&s;uffici|ent an|&s;wers.</NOTE> find &s;peciall cau&s;e to ha&s;ten it, and &s;hall &s;ee Order in open Court.</P>
<P>When a Plaintiff excepteth
<PB N="20" REF="11">
to a Defendents An&s;wer, he &s;hall &s;et downe his exceptions in writing, and the &s;ame Terme the an&s;wer is filed, or within eight daies after that Terme, de|liver the &s;ame exceptions to the Councell, who&s;e hand is to the An&s;wer, or to the Defendents Attorney in Court, and if the Defendent &s;hall within the times before limited re&s;pective|ly &s;atisfie the Plaintiff of the invalidity of tho&s;e exceptions, or put in a perfect or better An&s;wer, and pay xx s. co&s;ts, then the Plaintiff may reply thereunto. But if the Defendent &s;hall faile to do the &s;ame, or put in a &s;econd in&s;ufficient an&s;wer, then the Plaintiff may get the &s;aid an&s;wer, or an&s;wers refer|red; and if the &s;ame &s;hall be ruled in&s;ufficient, the Defendent &s;hall pay forty &s;hillings co&s;ts;
<PB N="21" REF="11">
and in ca&s;e the Plaintiff &s;hall procure a reference of the an|&s;wer, and the &s;ame be ruled good, the Plaintiff &s;hall pay the Defendent forty &s;hillings co&s;ts.</P>
<P>If the fir&s;t An&s;wer be certifi|ed<NOTE PLACE="marg">16. Further in&s;uffici|ent An|&s;wers, and the co&s;ts for them.</NOTE> in&s;ufficient, as afore&s;aid, the Defendent &s;hall pay forty &s;hil|lings co&s;ts, if the An&s;wer were put in per&s;on; but if the &s;ame came in by Commi&s;&s;ion, the Defendent &s;hall pay fifty &s;hil|lings co&s;ts, and no new Com|mi&s;&s;ion &s;hall be awarded for taking any &s;econd An&s;wer, un|le&s;&s;e it be by Order made in Court, and <HI>Affidavit</HI> made of the parties inabilitie to travell, or other good matter to &s;ati&s;|fie the Court touching that de|lay, and fir&s;t paying the co&s;ts of &s;uch in&s;ufficient An&s;wer, or by the Plaintiffs own a&s;&s;ent for
<PB N="22" REF="12">
the expediting of his Cau&s;e. If the &s;econd an&s;wer be reported in&s;ufficient unto any of the points formerly certified, (which are only to be in&s;i&s;ted upon without any new excep|tions) the Defendent &s;hall pay three pounds co&s;ts; and upon the third an&s;wer foure pounds co&s;ts; and upon a fourth an&s;wer certified in&s;ufficient, he &s;hall pay five pounds co&s;ts, and be examined upon Interrogatories to the points reported in&s;uffici|ent, and &s;hall be committed till he hath perfectly an&s;wered tho&s;e Interrogatories, and pay|ed the co&s;ts, in re&s;pect of the great vexation and delay which in &s;uch ca&s;e will happen to the Plaintiff.<NOTE PLACE="marg">17. Proofs to be only of matters nece&s;&s;ary.</NOTE></P>
<P>If upon peru&s;all of the an|&s;wer, the Plaintiff &s;hall find it
<PB N="23" REF="12">
will be nece&s;&s;ary to make proof of one, or few particulars, then the Plaintiff is to reply to tho&s;e particulars only, and not draw into pleadings and proofs any more, then the points nece&s;&s;ary to be proved: And in ca&s;e up|on the hearing it &s;hall appeare that the Plaintiff might have had as full relief on Bill and An&s;wer, the Plaintiff &s;hall not only go without co&s;ts, but &s;hall pay the Defendent good co&s;ts, to be a&s;&s;e&s;&s;ed by the Court, al|beit he be relieved upon the merit of his cau&s;e, in re&s;pect of the Defendents needle&s;&s;e vex|ation.<NOTE PLACE="marg">18. Bill di&s;|mi&s;&s;ed for want of pro&s;ecuti|on, not to be retain|ed till the co&s;ts paid.</NOTE></P>
<P>If a Bill be regularly and ju&s;tly di&s;mi&s;t of cour&s;e, or by order for want of pro&s;ecution, no motion &s;hall be admitted for the retainer thereof without a
<PB N="24" REF="13">
Certificate from the Defen|dents Atturney in Court, that the co&s;ts of the di&s;mi&s;&s;ion are paid, to the end unnece&s;&s;ary charge to the parties by &s;everall motions for one and the &s;ame matter may henceforth be a|voided.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Examination of Wit|ne&s;&s;es.</HEAD>
<P>IN ca&s;e the parties proceed to<NOTE PLACE="marg">19. Interroga|tories to be perti|nent.</NOTE> examine Witne&s;&s;es, the In|terrogatories are to be penned with care, that the &s;ame be per|tinent, and onely to the points nece&s;&s;ary to be examined un|to: and the Witne&s;&s;es are to be &s;orted &amp; examined on tho&s;e in|terrogatories only that their te|&s;timony doth extend unto, with|out the needle&s;&s;e interrogatories
<PB N="25" REF="13">
of matters unnece&s;&s;ary and im|materiall, as well to avoid the charge of both parties, Plaintiff and Defendent, in &s;uperfluous examinations, as that apt Inter|rogatories (which are the life of the Cau&s;e) may be exhibited.</P>
<P>The Examiners (in whom<NOTE PLACE="marg">20. Examin|ers duty.</NOTE> the Court repo&s;eth much con|fidence) are them&s;elves in per|&s;on to be diligent in examinati|on of Witne&s;&s;es, and not intru&s;t the &s;ame to meane and inferior Clarks; and are to take care to hold the Witne&s;&s;e to the point interrogated, and not to run in|to extravagances and matters not pertinent to the que&s;tion,<NOTE PLACE="marg">21. To have care of their Clarks and be an|&s;werable for them.</NOTE> thereby wa&s;ting paper for their own profit, of which the Court will expect a &s;trict accompt.</P>
<P>The Examiners are to take
<PB N="26" REF="14">
care that they imploy under them in their Office, none but per&s;ons of known integrity and ability, who &s;hall take an oath not to deliver or make knowne directly or indirectly to the ad|ver&s;e party, or any other &s;ave the Deponent, who coms to be examined, any of the Interroga|tories delivered to be examined upon, any examination by him taken or remaining in the Exa|miners Office, or extract, copy, or breviate thereof, before pub|lication be thereof pa&s;&s;ed, and copies thereof taken. And if any &s;uch Deputy, Clerk or per|&s;on &s;o imployed, &s;hall be found faulty in the premi&s;es, he &s;hall be expul&s;ed the Office, and the Examiner who &s;o imployed him, &s;hall be al&s;o an&s;werable to the Court for &s;uch mi&s;demea|nour, and to the party grieved
<PB N="27" REF="14">
for his co&s;ts and damages &s;u|&s;tained thereby: and &s;uch Soli|citor or other per&s;on, who &s;hall be di&s;covered to have had a hand therein, &s;hall be liable to &s;uch cen&s;ure for the offence, as the Court &s;hall find ju&s;t to in|flict upon him.</P>
<P>No Witne&s;&s;e &s;hall be exa|mined<NOTE PLACE="marg">22. Notice of a Witne&s;&s;e to be ex|amined.</NOTE> in Court by the Exami|ner, without the privity of the adver&s;e party, or of his At|torney or his Attorneys Clerk, who deales for the adver&s;e par|ty, to whom the per&s;on to be examined &s;hall be &s;howed, and a note of his name and place of dwelling delivered in wri|ting, by &s;uch as &s;hall produce him, and the Examiner is to take care, and be well &s;atisfied that &s;uch notice be given, and then &s;hall add to the title of
<PB N="28" REF="15">
the Witne&s;&s;es examination, the time of &s;uch notice given, and the name of the per&s;on to whom it is given, and by whom, that at the hearing of the cau&s;e, the Suitor be not delayed, upon pretence of want of notice.</P>
<P>For prevention of perjury and<NOTE PLACE="marg">23. Witne&s;&s;es to be ex|amined to Interroga|tories &s;eri|atim.</NOTE> other mi&s;chiefs often appearing to the Court, the Examiner is to examine the deponent to the Interrogatories directed <HI>&s;eria|tim,</HI> and not to permit him to read over, or heare read any other of Interrogatories, untill that in hand be fully fini&s;hed, much le&s;&s;e is he to &s;uffer the Deponent to have the Interro|gatories, and pen his owne De|po&s;itions, or to depart after he hath heard an Interrogatory read over, untill he hath per|fected his examination there|unto:
<PB N="29" REF="15">
and if any Witne&s;&s;e &s;hall refu&s;e &s;o to conform him&s;elfe, the Examiner is thereof to give notice to the Attorney, or Clark of the other &s;ide, and to proceed no further in his exa|mination, without the con&s;ent of the &s;aid Attorney or Clark, or Order made in Court to war|rant his &s;o doing.</P>
<P>In examining of Witne&s;&s;es,<NOTE PLACE="marg">24. Examiner to avoid imperti|nencies.</NOTE> the Examiner &s;hall not u&s;e any idle repetitions, or needle&s;&s;e cir|cum&s;tances, nor &s;et downe any an&s;wer to the que&s;tions, to which the Examinant cannot depo&s;e other then thus, To &s;uch an Interrogatory this Ex|aminant cannot depo&s;e. And in ca&s;e &s;uch impertinencies be ob|&s;erved by the Court, the Exa|miner is to recompence the charge thereof to the party grie|ved,
<PB N="30" REF="16">
as the Court &s;hall award.</P>
<P>The Examiner &s;hall not ex|amine<NOTE PLACE="marg">25. Examina|tion to the credit of a Witne&s;&s;e, and how.</NOTE> any Witne&s;&s;e, to invalid the credit of any other Wit|ne&s;&s;e, but by &s;peciall Order of the Court, which is &s;paringly to be granted: and upon excepti|ons fir&s;t put into writing, and filed with the Examiner with|out Fee, and notice thereof gi|ven to the adver&s;e party or his Attorney, together with a true copy of the &s;aid exceptions, at the charge of the party &s;o exa|mining.</P>
<P>From henceforth the Fee ta|ken<NOTE PLACE="marg">26. Fee for ex|amining a Witne&s;&s;e to be de|ducted.</NOTE> by the Examiner, upon the producing of a Witne&s;&s;e to be examined by him, &s;hall be de|ducted to the party Plaintiff or Defendent, who paid the &s;ame, when the Copies of &s;uch Wit|ne&s;&s;es
<PB N="31" REF="16">
Depo&s;itions are taken out by him, and &s;uch Exhibitions whereupon any Witne&s;&s;e is examined, &s;hall be alwaies <GAP DESC="illegible" EXTENT="1 letter">n|dor&s;ed and certified by the Ex|aminer, at the &s;ame time that the Witne&s;&s;e is thereupon ex|amined, and his examination perfected and &s;ub&s;cribed.</P>
<P>When Witne&s;&s;es are exami|ned<NOTE PLACE="marg">27. No new Interroga|tories for the &s;ame Witne&s;&s;e, nor exa|mination after Pub|lication.</NOTE> in Court upon a Schedule of Interrogatories, there &s;hall be no new Interrogatories put in to examine the &s;ame Witne&s;|&s;es; nor &s;hall any Witne&s;&s;es be examined in Court after the day of publication, though they were &s;worne before; &s;o as a copy of the Rule or Order whereby publication pa&s;&s;ed, be delivered to the Examiner, that he may take notice thereof.</P>
<P><PB N="32" REF="17">If the Defendent being &s;er|ved<NOTE PLACE="marg">28. Commi&s;|&s;ion <HI>ex+parte</HI> when.</NOTE> with a <HI>Subpoena</HI> to rejoyne and joyne in Commi&s;&s;ion, &s;hall not upon reque&s;t by the Plain|tiffs Clark, made to the De|fendents Clark, deliver Com|mi&s;&s;ioners names, by the end of that terme, wherein the <HI>Sub|poena ad rejungend.</HI> is returna|ble; The Plaintiff may without motion or Petition take the Commi&s;&s;ion <HI>ex parte.</HI></P>
<P>The Plaintiff ought regu|larly<NOTE PLACE="marg">29. Carriage of Com|mi&s;&s;ions to exa|mine.</NOTE> to have the carriage of the Commi&s;&s;ion for examination of Witne&s;&s;es, as often as any is &s;ued forth: but if through the default of him or his Commi&s;&s;i|oners, the &s;ame be not executed, he &s;hall pay unto the Defen|dent &s;uch rea&s;onable co&s;ts, as the Defendent &s;hall by oath make appeare, he was put unto
<PB N="33" REF="17">
by &s;uch failer, and &s;hall renew the Commi&s;&s;ion at his owne charge, but the other &s;ide &s;hall have the carriage of &s;uch new Commi&s;&s;ion. And the like &s;hall be done to the Plaintiff, where the Defendent for ju&s;t rea&s;on hath obtained the carriage of the Commi&s;&s;ion; and if through any errour of the Clark in ma|king out the &s;aid Commi&s;&s;ion, or mi&s;naming the Commi&s;&s;ion|ers or parties, or the like, the execution of a Commi&s;&s;ion &s;hall be put off, the party put to charge in attendance of &s;uch Commi&s;&s;ion, &s;hall receive his co&s;ts to be a&s;certained by his oath as afore&s;aid, from him that obtained &s;uch Commi&s;&s;ion, and the Clark that made out the &s;ame, or his Superiour the At|torney in Court, (who is an|&s;werable for him) &s;hall make
<PB N="34" REF="18">
re&s;titution thereof to the Cli|ent and Suitor.</P>
<P>If both &s;ides joyne in execu|tion of a Commi&s;&s;ion, and the<NOTE PLACE="marg">30. New Commi&s;|&s;ion and how.</NOTE> one &s;ide produceth and exami|neth all his Witne&s;&s;es, and the other &s;ide doth not, but prayeth a new Commi&s;&s;ion, the &s;ame &s;hal not be granted (unle&s;s it be by con&s;ent of the parties, or their Attornies in Court,) but upon oath of good cau&s;e, why he could not then examine all his Witne&s;&s;es. And in ca&s;e the &s;ame be granted, the party praying the &s;ame &s;hall bear the rea&s;on|able charge of the other &s;ide, both of renewing &amp; executing the Commi&s;&s;ion, to be a&s;cer|tained by Oath, and the other &s;ide &s;hall be at liberty, to cro&s;&s;e examine the Witne&s;&s;es produ|ced by him that reneweth the
<PB N="35" REF="18">
Commi&s;&s;ion. But if he &s;hall not onely cro&s;&s;e examine the Witne&s;&s;es of the adver&s;e party, but examine new Witne&s;&s;es, he &s;hall beare his part of the charge.</P>
<P>If at the in&s;tance of a Defen|dent,<NOTE PLACE="marg">31. New Commi&s;|&s;ion through Defen|dents de|fault.</NOTE> a Commi&s;&s;ion to examine Witne&s;&s;es be renewed, either for a default by him or his Commi&s;sioners, or becau&s;e he did not examine all his Wit|ne&s;&s;es by the fir&s;t Commi&s;&s;ion, he &s;hall at his perill examine all his Witne&s;&s;es by &s;uch renew|ed Commi&s;&s;ion, or in Court by the returne of &s;uch Commi&s;&s;ion without more or further delay, and no more Commi&s;&s;ions to i&s;&s;ue, except for examination beyond the &s;eas, by Order in Court, or by con&s;ent of the At|torney.</P>
<P><PB N="36" REF="19">Upon the returne of a Com|mi&s;&s;ion,<NOTE PLACE="marg">32. One rule on a joynt Commi&s;+&s;ion.</NOTE> if the &s;ame be executed by both parties, one rule onely &s;hall be given for Publication, and if the &s;aid Commi&s;&s;ion be not renewed, or another obtain|by the Plantiff or Defendent within that time, then Publica|tion &s;hall pa&s;&s;e, and no Com|mi&s;&s;ion &s;hall be afterwards granted or renewed, without &s;peciall Order in Court.</P>
<P>Upon the taking out of co|pies<NOTE PLACE="marg">33. No Fees for the co|pies of the parties own In|terrogato|ries, &s;ave for wri|ting.</NOTE> of Depo&s;itions examined in <GAP DESC="illegible" EXTENT="1 letter">ou<GAP DESC="illegible" EXTENT="1 letter">t, o<GAP DESC="illegible" EXTENT="1 letter"> by Commi&s;&s;ion ei|ther by the Plaintiff or Defen|dent, no Fee &s;hall be taken by the Six Clarks or the Exami|ner for the copies, either of the Plaintiffs or Defendents re|&s;pective Interrogatories, &s;ave onely the Clarks u&s;uall Fee for the writing thereof.</P>
<P><PB N="37" REF="19">Depo&s;itions of Witne&s;&s;es in<NOTE PLACE="marg">34. Depo&s;iti|ons in cro&s;&s;e Cau&s;es.</NOTE> &s;everall cau&s;es, which are meer|ly cro&s;&s;e cau&s;es, (<HI>viz.</HI>) between the &s;ame parties, and touch|ing the &s;ame matter, may be u|&s;ed at the hearing of both cau|&s;es (coming to hearing toge|ther) without any motion or order in that behalf.</P>
<P>VVhere either party Plain|tiff<NOTE PLACE="marg">Depo&s;iti|ons in a|nother Cau&s;e.</NOTE> or Defendent obtaineth an order to u&s;e Depo&s;itions of VVitne&s;&s;es taken in another cau&s;e, the adver&s;e party may likewi&s;e u&s;e the &s;ame without motion, unle&s;&s;e he be upon &s;pe|ciall rea&s;on &s;hewed to the Court, by that party fir&s;t de&s;i|ring the &s;ame, inhibited by the &s;ame order &s;o to do.</P>
<P>No motion &s;hall be made in<NOTE PLACE="marg">36. Depo&s;iti|ons to be &s;uppre&s;&s;ed and how.</NOTE> Court or by Petition, for &s;up|pre&s;&s;ing
<PB N="38" REF="20">
of Depo&s;itions as irre|gularly taken, untill the &s;ix Clerks not toward the cau&s;e have been fir&s;t attended with the complaint of the party grie|ved, and &s;hall certifie the true &s;tate of the Fact to the Court with their opinion: if the At|tornies or Clerks on either &s;ide &s;hall not for the ea&s;e of their Clients agree before them, for which purpo&s;e a rule for atten|dance of the &s;ix Clerks in &s;uch ca&s;e &s;hall be entred of cour&s;e with the Regi&s;ter, at the de&s;ire of the party complaining, which &s;hall warrant their pro|ceedings and certificate to the Court.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="39" REF="20">
<HEAD>Proces.</HEAD>
<P>EVery <HI>Subpoena</HI> to an&s;wer<NOTE PLACE="marg">37. Service of a <HI>Subpoena ad re&s;pon|dend.</HI></NOTE> &s;hall be &s;erved per&s;onally, or left at the Defendents dwel|ling hou&s;e, or place of re&s;idence with one of that family, and no Clerk of this Court &s;hall i&s;&s;ue any attachment for not appea|ring, but on <HI>Affidavit</HI> fir&s;t made, po&s;itive and certaine, of the day and place of &s;uch &s;er|vice of the <HI>Subpoena,</HI> and the time of the returne thereof, whereby it &s;hall appeare that &s;uch &s;ervice was made (if in London, or within twentie miles, foure dayes at the lea&s;t excluding the day of &s;uch &s;er|vice; and if above twentie miles, then to have been) eight daies before &s;uch attachment
<PB N="40" REF="21">
entred; and that &s;uch attach|ment &s;hall not be di&s;charged, but on payment of twenty &s;hil|lings co&s;ts if the &s;ervice be per|&s;onall, and ten &s;hillings if o|therwi&s;e, and &s;o the &s;ucceeding Proces to be double.</P>
<P>Every <HI>Subpoena</HI> to make a<NOTE PLACE="marg">38. <HI>Subpoena</HI> for better An&s;wer and co&s;ts in one.</NOTE> better an&s;wer, &s;hall al&s;o contain a clau&s;e for payment of the co&s;ts ordinary in that behalfe, and the Suitor not be put to take out &s;everall Writs, nor pro&s;ecute &s;everall contempts, as in that ca&s;e hath been u&s;ed; and if upon the &s;ervice of &s;uch <HI>Subpoena,</HI> the co&s;ts be not paid, the an&s;wer of &s;uch Defendent &s;hall not be received or filed, unle&s;&s;e the &s;aid co&s;ts be al&s;o de|livered and payed to the Plain|tiffs Clark, together with the &s;aid an&s;wer, but Proces of
<PB N="41" REF="21">
contempt &s;hall i&s;&s;ue in that ca&s;e, as for want of an an&s;wer, at the returne of the &s;aid <HI>Subpoena.</HI></P>
<P>A <HI>Subpoena ducens tecum</HI> (when<NOTE PLACE="marg">39. <HI>Subpoena duc. tec.</HI> to be &s;ued out of cour&s;e.</NOTE> the Defendent confe&s;&s;eth in his an&s;wer, the having of any writings materiall to be exa|mined upon, or confe&s;t to be|long to the Plaintiff) may be taken out by the Plaintiff of cour&s;e without motion, for the Defendent to bring them into Court, or &s;hew cau&s;e, &amp;c. But if the Defendent either confe&s;&s;e not the having them in his hands, or makes his title by them, or to them by his An|&s;wer, he &s;hall be excu&s;ed from any contempt, although he nei|ther bring them into Court, nor &s;hew cau&s;e, and if the Plain|tiff &s;hall notwith&s;tanding pro|&s;ecute a contempt in that be|halfe
<PB N="42" REF="22">
(and the ca&s;e upon the Defendent his an&s;wer appear to be &s;uch) he &s;hall be thereof di&s;|charged, and have his co&s;ts.</P>
<P>The <HI>Subpoena ad audiendum Judicium</HI> &s;hall be &s;erved either<NOTE PLACE="marg">40. Service of a <HI>Subpoena ad audi|end. Judi|cium.</HI></NOTE> on the per&s;on of the Defendent, or left at his dwelling hou&s;e, where his family then re&s;ides: or in ca&s;e oath be made that he cannot be found to be &s;erved per&s;onally, and that he hath no certaine dwelling, or is be|yond the Seas, the Court will Order the leaving of a <HI>Subpoena</HI> with his Attorney in this Court to be a &s;ufficient &s;ervice.</P>
<P>All Proces of contempt &s;hall<NOTE PLACE="marg">41. Proces of contempt into the proper County.</NOTE> be made out into the County, where the party pro&s;ecuted is re&s;ident, unle&s;&s;e he &s;hall be then in or about London; in which
<PB N="43" REF="22">
ca&s;e it may be made into the County, where the party then is. And if any per&s;on &s;hall be taken upon Proces otherwi&s;e or irregularly i&s;&s;ued, the party &s;o taken fir&s;t appearing unto, and &s;atisfying the Proces which did regularly i&s;&s;ue again&s;t him, &s;hall be di&s;charged of his contempt, and have his full co&s;ts to be tax|ed of Cour&s;e by the &s;ix Clerks not towards the Cau&s;e for &s;uch undue or irregular pro&s;ecution, from the time that the error fir&s;t grew without motion or other order.</P>
<P>Every &s;uitor who pro&s;ecuteth<NOTE PLACE="marg">42. Endea|vour to be u&s;ed in &s;er|ving it.</NOTE> a contempt &s;hall do his be&s;t en|deavour to procure each &s;everall Proces to be duly &s;erved and executed upon the party pro&s;e|cuted, and his wilfull default therein appearing to the Court,
<PB N="44" REF="23">
&s;uch per&s;on offending &s;hall pay unto the party grieved good co&s;ts, and lo&s;e the benefit of the Proces returned without &s;uch endeavour.</P>
<P>That all Attachments in Pro|ces<NOTE PLACE="marg">43. To be di&s;|charged on pay|ment of the co&s;ts, or upon tender and refu&s;all.</NOTE> &s;hall be di&s;charged upon the Defendents payment, or tender to the Plaintiffs Clerk &amp; refu&s;all of the ordinary co&s;ts of the Court, &amp; filing his Plea, An&s;wer or D<GAP DESC="illegible" EXTENT="1 letter">mu<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">rer (as the ca&s;e regularly requires) without any motion in Court in that be|halfe. And if after &s;uch confor|mity and payment of the co&s;ts, (or tender and refu&s;all thereof) any further pro&s;ecution &s;hall be had of the &s;aid contempt, the party pro&s;ecuted &s;hall be di&s;|charged with his co&s;ts.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="45" REF="23">
<HEAD>Commi&s;sions to an&s;wer.</HEAD>
<P>AFter a contempt duly pro|&s;ecuted<NOTE PLACE="marg">44. After <HI>Att. cum Procl.</HI> no Commi&s;|&s;ion, nor Plea, or Demur|rer.</NOTE> to an Attachment with Proclamation returned, no Commi&s;&s;ion &s;hall b<GAP DESC="illegible" REASON="missing" EXTENT="1 letter"> made to An&s;wer, nor Plea or Demur|rer admitted, but upon motion in Court, and <HI>Affidavit</HI> made of the parties inability to travail, or other good <GAP DESC="illegible" REASON="missing" EXTENT="1 letter">atter to &s;atisfie the Court touching that de|lay.</P>
<P>The Defendent who is &s;er|ved<NOTE PLACE="marg">45. Commi&s;|&s;ion to An&s;wer gives li|berty to plead and d<GAP DESC="illegible" EXTENT="1 letter">murre al&s;o.</NOTE> with a <HI>Subpoena ad re&s;pon|dend.</HI> and obtaineth a Com|mi&s;&s;ion to an&s;wer in the Coun|try, &s;hall without more words have the &s;ame liberty there by to An&s;wer, Plead, and Demur, as he had by the originall Pro|ces,
<PB N="46" REF="24">
if he could have appeared in per&s;on.</P>
<P>After a Commi&s;&s;ion once<NOTE PLACE="marg">46. In what ca&s;e a &s;e|cond Com. to An|&s;wer.</NOTE> obtained to an&s;wer, no &s;econd Commi&s;&s;ion &s;hall be granted without &s;peciall Order of Court; or the Plaintiffs owne a&s;&s;ent under his hand. And if the time for the Defendents an|&s;wering be inlarged upon <HI>Af|fidavit,</HI> that he or they cannot an&s;wer without fight of Wri|tings in the Country, or in re|&s;pect of the length of the Bill or the like, which &s;hal not be with|out &s;peciall Order in Court, no Commi&s;&s;ion &s;hall be afterwards granted without like &s;peciall Order of Court, upon good rea|&s;on &s;hewed to induce the &s;ame, or the like a&s;&s;ent of the Plain|tiff.</P>
<P><PB N="47" REF="24">In ca&s;e where the Defendent<NOTE PLACE="marg">47. Seque&s;tra|tion upon <HI>non in|vent.</HI> or re&s;cue.</NOTE> &s;its all Process of contempt and cannot be found by the Serje|ant at Armes, or makes a re&s;cue, a Seque&s;tration &s;hall be granted of the land in que&s;tion. And if the Defendent render not him|&s;elf within a yeare, then an In|junction for the po&s;&s;e&s;&s;ion, and the profits &s;o &s;eque&s;tred to be delivered over to the Plaintiff.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="48" REF="25">
<HEAD>Injunctions.</HEAD>
<P>FOr that it is agreeable to e|quity,<NOTE PLACE="marg">48. Commi&s;|&s;ion to an&s;wer to contain an Injuncti|on.</NOTE> and the con&s;tant pra|cti&s;e of this Court, that a De|fendent obtaining a Commi&s;&s;i|on to take his An&s;wer in the Country, &s;hould not by that de|lay or favour of the Court, get an advantage again&s;t the Plain|tiff, by proceeding at Law in the meane time, It is Ordered, that from henceforth every Commi&s;&s;ion to take an An&s;wer in the Countrey &s;hall containe in it a clau&s;e of Injunction to &s;tay the Defendents &s;uit at Law (if any be) touching the matter complained of in the Bill untill he hath an&s;wered the Bill, and the Court given other Order, &s;o as i&s;&s;ue were not joyned at
<PB N="49" REF="25">
Law, before the returne of the <HI>Subpoena</HI> &s;erved upon the De|fendent, and in that ca&s;e to &s;tay judgement for the like time, &s;o that the taking of &s;uch Com|mi&s;&s;ion under &s;eale, &s;hall be a &s;ufficient notice and &s;ervice of the &s;aid Injunction, without motion or other trouble to the Plaintiff, whereupon for breach to ground an Attachment, upon <HI>Affidavit</HI> of a proceeding at Law after the Commi&s;&s;ion prayed.</P>
<P>No Injunction to &s;tay Suits<NOTE PLACE="marg">49. Grounds for Injun|ctions to &s;tay &s;uits.</NOTE> at Law &s;hall be granted upon priority of &s;uit onely, nor up|on the bare &s;urmi&s;e of the Bill; but upon the Defendents de|lay or wilfull contempt in not An&s;wering, or upon matter confe&s;&s;ed in the An&s;wer, or matter of Record, or writing
<PB N="50" REF="26">
plainly appearing, or the duty demanded appearing to be ve|ry ancient.</P>
<P>Where a Bill comes in after<NOTE PLACE="marg">50. Injuncti|on on Bills after Ver|dict.</NOTE> a Verdict a Law for a debt, an Injunction is not to be granted, without depo&s;iting the princi|pall money, except there &s;hall, upon hearing both &s;ides, ap|peare to the Court in the De|fendents An&s;wer, or by deed under hand and &s;eale, or other good matter for relief in equity. And an Injunction granted in &s;uch ca&s;e, or otherwi&s;e upon the merit of the cau&s;e or equity appearing to the Court, is re|gularly to &s;tand, untill the hea|ring of the cau&s;e, unle&s;&s;e the Plaintiff delay the cau&s;e, in which ca&s;e he may be&s;t be quickned, by di&s;&s;olving the Injunction.</P>
<P><PB N="51" REF="26">For avoiding multiplicity of<NOTE PLACE="marg">51. Injuncti|ons on the matter without reference.</NOTE> references heretofore u&s;ed, and charged to the &s;uitor, It is Or|dered that where a motion is made for an Injunction to &s;tay a &s;uit at Law upon allegation of matter of equity confe&s;t in the an&s;wer, the Councell moving the &s;ame, &s;hall have that &s;ug|ge&s;tion fair written in his hand, and read or truely open the &s;ame to the Court: and if the Court hold that matter of &s;ufficient weight, will thereupon grant an Injunction as is de&s;ired, with|out reference, report or further motion, and then the Regi&s;ter is in Court to receive the &s;aid &s;ugge&s;tion &s;o fairly written, and in&s;ert the &s;ame <HI>verbatim</HI> in the Order for granting the Injunction. But if the &s;aid &s;ug|ge&s;tion be untrue in the &s;ub|&s;tance thereof, upon con&s;tructi|on
<PB N="52" REF="27">
of the whole An&s;wer, and the Defendent be pro&s;ecuted by the Plaintiff for breach of the Injunction granted thereupon, he &s;hall be cleare from any con|tempt in that behalfe and have his co&s;ts, and &s;uch Councell &s;hall ju&s;tly incurre the di&s;plea|&s;ure of the Court.</P>
<P>Where an Injunction to &s;tay<NOTE PLACE="marg">52. Injuncti|on on mi&s;|informati|on.</NOTE> &s;uits is obtained upon a mi&s;in|formation made to the Court, (as of matter confe&s;&s;ed in the Defendents An&s;wer which in truth is not &s;o confe&s;&s;ed, or if confe&s;&s;ed in one place, is avoi|ded in another part of the An|&s;wer, or upon other &s;uch like plaine abu&s;e to the Court, in that ca&s;e the party pro&s;ecuted with contempt for breach of &s;uch Injunction &s;hall upon his examination (the matter appea|ring
<PB N="53" REF="27">
as a&s;ore&s;aid) be di&s;charged of any contempt, although he hath proceeded at Law after &s;uch Injunction granted, and al&s;o have his co&s;ts taxed for his wrongfull vexation, by the &s;ame Ma&s;ter to whom the con|tempt &s;hall be referred without other motion in Court, which al&s;o &s;hall be done in like ca&s;es, where a contempt &s;tands refer|red to a Ma&s;ter of the Court, he &s;hall tax co&s;ts, and certifie the &s;ame in his report to the Court, together with his opinion tou|ching the contempt, as well for the pro&s;ecutor in ca&s;e the contempt be confe&s;&s;ed or pro|ved, as for the party examined if he be cleared thereof.<NOTE PLACE="marg">53. Injuncti|ons to be di&s;&s;olved without motion and in what ca&s;es.</NOTE></P>
<P>For avoiding the many mo|tions heretofore frequently made, touching di&s;&s;olving and
<PB N="54" REF="28">
continuing Injunctions, it is Ordered, That when an In|junction is granted till An&s;wer and further Order, if no Order be made within fourteen daies, (after the An&s;wer duly filed in Court) for continuance of the Injunction, the &s;ame &s;hall &s;tand di&s;&s;olved without further moti|on upon Certificate only of the Regi&s;ter.</P>
<P>Injunctions to quiet po&s;&s;e&s;&s;i|on<NOTE PLACE="marg">54. Injuncti|ons to qui|et po&s;&s;e&s;&s;i|on.</NOTE> (u&s;ually granted for pre&s;er|vation of the publike peace, and prevention of force) &s;hall not be granted before hearing, but up|on oath that the Plaintiff was in actuall po&s;&s;e&s;&s;ion at the time of the Bill exhibited, (and not of Rents or other things which lie not in manuall occupation:) and for &s;uch po&s;&s;e&s;&s;ion as the Plaintiff him&s;elf had at the time
<PB N="55" REF="28">
of the Bill exhibited and three yeares before, but not to be ex|tended further to the po&s;&s;e&s;&s;ion of &s;uch from whom he claimes, or of him and his Tenants, much le&s;&s;e him and his A&s;&s;ignes or the like. Which Injunction &s;hall not be extended to give the Plaintiff any other po&s;&s;e&s;&s;i|on then he had at the time when the motion was made. And &s;uch Injunction in ca&s;e the Plaintiff delay to bring his cau&s;e to hea|ring is al&s;o to be di&s;&s;olved.</P>
<P>No Injunction to quiet &s;uch<NOTE PLACE="marg">55. Not to hinder &s;uits, lea&s;e, entry or di&s;tre&s;&s;e.</NOTE> po&s;&s;e&s;&s;ion &s;hall extend to hinder the Defendents proceedings at Law to evict the Plaintiff, or from making any lea&s;e, or peaceable entry, or &s;ingle di|&s;tre&s;&s;e for that end.<NOTE PLACE="marg">56. Not ex|tend to take away a po&s;&s;e&s;&s;i|on.</NOTE></P>
<P>No po&s;&s;e&s;&s;ion &s;hall be taken
<PB N="56" REF="29">
from any per&s;on by colour of any &s;uch Injunction before the cau&s;e be heard. And if any be, the Court will re&s;tore po&s;&s;e&s;&s;i|on and award co&s;ts.</P>
<P>Injunctions again&s;t felling of<NOTE PLACE="marg">57. Injuncti|ons for Timber, ploughing. &amp;c.</NOTE> timber, ploughing up of Mea|dow or ancient pa&s;tures not ploughed in twenty yeares be|fore, or for maintainance of Inclo&s;ures that have continued for the better part of twenty yeares &s;hall be granted as u&s;ual|ly they have been, but no De|fendent who by An&s;wer claims an e&s;tate of Inheritance, or o|ther e&s;tate di&s;puni&s;hable of wa&s;t, &s;hall be thereby re&s;train|ed, unle&s;&s;e it be particularly &s;o Ordered and mentioned in the &s;aid Injunction. And upon mo|tion made for &s;uch Injunction, the ca&s;e is to be truly opened
<PB N="57" REF="29">
as it &s;tands in Court, and the Defendents Glaime by his An|&s;wer if he have an&s;wered.</P>
<P>When the day is appointed<NOTE PLACE="marg">58. Cau&s;es to be &s;et down ac|cording to Priority of Publi|cation.</NOTE> for &s;etting downe Cau&s;es for the follovving Terme, the fix Clerks &s;hall pre&s;ent the Cau&s;es according to their priority in Publication, to be &s;et downe in their Order, &s;o as the old Cau|&s;es may be fir&s;t heard and di&s;|patched. And for that purpo&s;e with the names of each Cau&s;e they &s;hall pre&s;ent the time when Publication pa&s;&s;ed, with a &s;hort note of the nature of every &s;uch cau&s;e pre&s;ented. And according|ly the Court will give Order for &s;etting them downe, &s;o that puyne Cau&s;es &s;hall not thru&s;t out tho&s;e that were ready for hearing before them. Provided that no Cau&s;e be pre&s;ented the
<PB N="58" REF="30">
&s;ame Terme in which Publica|tion &s;hall pa&s;&s;e.</P>
<P>Where no Councell appears<NOTE PLACE="marg">59. Default at hearing.</NOTE> for the Defendent at the hea|ring, and Proces appears to have been duely &s;erved, the An&s;wer of &s;uch Defendent &s;hall be read, and if the Court upon &s;uch hearing &s;hall find cau&s;e to De|cree for the Plaintiff, yet a day &s;hall regularly be given to the Defendent to &s;hew cau&s;e a|gain&s;t the &s;ame, but before he be admitted thereunto, he &s;hall pay downe to the Plaintiff or his Attorney in Court &s;uch co&s;ts as the Court upon that hearing &s;hall a&s;&s;e&s;&s;e, and the Order is to be penned by the Regi&s;ter accordingly, (<HI>viz.</HI>) it is decreed &s;o and &s;o, &amp;c. unle&s;&s;e the Defendent &s;hall by &s;uch a day pay to the Plaintiff or his
<PB N="59" REF="30">
Attorney in Court co&s;ts, and &s;hew good cau&s;e to the contra|ry, and &s;uch Defendent upon his &s;hewing cau&s;e &s;hall fir&s;t produce a Certificate from the Plaintiffs Attorney in Court, that he hath paid the co&s;ts or <HI>Affidavit</HI> of tender and refu&s;all thereof.</P>
<P>The rea&s;ons of the judgement<NOTE PLACE="marg">60. Rea&s;ons to be expre&s;|&s;ed in the Order.</NOTE> of the Court are in &s;uch ca&s;e where the Defendent makes de|fault to be by the Regi&s;ter &s;hortly in&s;erted in the Order, that the Defendent may know how to apply his cau&s;e without a new hearing, but if the Court &s;hall not receive &s;atisfaction thereupon to alter or conforme the decretall Order, but that a new hearing &s;hall be requi&s;ite, the Defendent (if the Court &s;hall confirme their fir&s;t Order upon the &s;econd hearing, &s;hall
<PB N="60" REF="31">
al&s;o pay the Plaintiff his full co&s;ts expended in the &s;uit.</P>
<P>If the Court upon the hea|ring<NOTE PLACE="marg">61. Co&s;ts to be given on hea|ring.</NOTE> of a Cau&s;e &s;hall give no re|liefe to the Plaintiff, the Defen|dent &s;hall have co&s;ts awarded him in re&s;pect of his cau&s;le&s;&s;e vexation. And where a Decree is made again&s;t a Defendent the Court will likewi&s;e give co&s;ts to the Plaintiff as there &s;hall be cau&s;e.</P>
<P>Where co&s;ts are awarded by<NOTE PLACE="marg">62. Contem|ner to pay the co&s;ts double.</NOTE> the Court and the party &s;hall refu&s;e to pay them and be af|terwards pro&s;ecuted and found in contempt for not paying of them, he &s;hall not be di&s;charged of &s;uch his contempt, untill he &s;hall pay the &s;aid co&s;ts double, over and be&s;ides the co&s;ts tax|ed,
<PB N="61" REF="31">
for the pro&s;ecution of the &s;aid contempt.</P>
<P>Where Cau&s;es are removed<NOTE PLACE="marg">63. <HI>Certiorari</HI> Bill.</NOTE> by &s;peciall <HI>Certiorari</HI> upon a Bill containing matter of equi|ty; the Plaintiff is before he have the <HI>Certiorari</HI> granted, to put in bond to be taken by the Regi&s;ter, to prove his &s;ugge&s;ti|ons within fourteen daies after the receipt of his Writ, which if he &s;hall faile to do, upon cer|tificate from the Examiners that no Witne&s;&s;es are examined, or upon a report that the &s;ugge&s;ti|ons are not proved, the Court wil di&s;mi&s;&s;e the Bill with co&s;ts, and award a <HI>Procedendo.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<PB N="62" REF="32">
<HEAD>Decrees.</HEAD>
<P>NO Decree bindeth any<NOTE PLACE="marg">64. Who is bound and who not.</NOTE> man that cometh in <HI>bona fide</HI> by conveyance before the Bill exhibited, and is made no Pertie either by Bill or Or|der. But where he claimes in tru&s;t for &s;uch per&s;on again&s;t whom the Decree is made or comes <HI>in dependente lite</HI> without allowance or privity of the Court it is otherwi&s;e.</P>
<P>No Decree &s;hall recite the<NOTE PLACE="marg">65. To be drawne briefly.</NOTE> Bill, An&s;wer, pleadings or De|po&s;itions or any of them <HI>verba|tim,</HI> but onely the &s;hort &s;tate of the matter and the Decretall Order, and the opinion and judgement of the Court.</P>
<P><PB N="63" REF="32">No Decree being once under<NOTE PLACE="marg">66. Not to be altered but by Bill of review.</NOTE> the Great Seale &s;hall be rever&s;ed or altered at the &s;uit of the per|&s;on again&s;t whom the Decree is made, or any man claiming in privity, by, from or under him, but by Bill of review onely.</P>
<P>But in ca&s;e of mi&s;taking in a<NOTE PLACE="marg">67. Save in mi&s;takes demon|&s;trative.</NOTE> Decree which is demon&s;trative, <HI>viz.</HI> an errour in auditing or numbring, mi&s;taking the date or the like, by the leave of the Court the &s;ame may be certified without a Bill.</P>
<P>That all Decrees and di&s;mi&s;|&s;ions<NOTE PLACE="marg">68. When to be enrol|led.</NOTE> pronounced upon hearing the cau&s;e in this Court be drawne up, &s;igned and enrolled before the fir&s;t day after the next Michaelmas or Ea&s;ter Term after the &s;ame &s;hall be &s;o pro|nounced re&s;pectively, and not
<PB N="64" REF="33">
at any time after, without &s;pe|ciall leave of the Court.</P>
<P>That a &s;hort entry and <HI>Doc|quet</HI><NOTE PLACE="marg">69. An entry to be made of the Lands &amp;c.</NOTE> be made in a Regi&s;ter book kept by the Regi&s;ter of this Court, or &s;uch Clerk as he &s;hall appoint for that purpo&s;e of all Decrees that are drawne up and enrolled, whereby any Lands or Lea&s;e is decreed or charged with any &s;um of money, annui|ty, &amp;c. &amp; of the Lands in parti|cular, and the Pari&s;h, or Town and County where the &s;ame lie, to the end that any per&s;on that hath occa&s;ion may re&s;ort to that Regi&s;ter Book, to &s;ee whe|ther any Decree be made tou|ching &s;uch Lands, hou&s;es, &amp;c. and in ca&s;e no &s;uch entry be made within &s;ix moneths after &s;uch Decree &s;hall be &s;igned by the Lords Commi&s;&s;ioners for
<PB N="65" REF="33">
the great Seal and enrolled, the &s;ame &s;hall not prejudice any Purcha&s;er, who &s;hall <HI>bona fide</HI> purcha&s;e any e&s;tate in &s;uch lands, hou&s;es, &amp;c. after the time limited for &s;uch entry to be made.</P>
<P>That the &s;ix Clerks, and all<NOTE PLACE="marg">70. Clerks to take care it be done.</NOTE> other Clerks of this Court doe therefore take care for their Cli|ent, that &s;uch entry be made of all Decrees by them drawn up and inrolled by the time be|fore limited, that the Client do not &s;uffer through their neglect: And that the Regi&s;ter &s;hall take onely the Fee of twelve pence for &s;uch entry, twelve pence for a Certificate, and four pence for a &s;earch where no Certifi|cate<NOTE PLACE="marg">71. Pro&s;ecuti|on of a Decree for lands.</NOTE> is made.</P>
<P>In ca&s;e of a Decree for lands
<PB N="66" REF="34">
upon Oath made, that the &s;ame hath been per&s;onally &s;erved, and is not obeyed, and an At|tachment is i&s;&s;ued under Seale for &s;uch contempt, the Court doth u&s;ually grant an Injuncti|on for the po&s;&s;e&s;&s;ion, and upon Oath made of the &s;erving there|of upon the party, and that the &s;ame is not obeyed, a Commi&s;|&s;ion is to be awarded to &s;ome of the Ju&s;tices of the Peace of that County, to put and keep the Plaintiff and his A&s;&s;ignes in po&s;&s;e&s;&s;ion, and in ca&s;e of re&s;i|&s;tance, a Writ of a&s;&s;i&s;tance is to be awarded to the Sheriffe for that purpo&s;e.</P>
<P>Where the party is commit|ted,<NOTE PLACE="marg">72. Contem|ner when to be di&s;|charged.</NOTE> 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
<PB N="67" REF="34">
all things that are to be pre|&s;ently done, and given &s;ecuri|ty by Recognizance with Sure|ties, as the Court &s;hall order, to performe the other parts of the Decree (if any be to be perfor|med) at future dayes and times appointed by the Decree.</P>
<P>Where the party is commit|ted<NOTE PLACE="marg">73. When re|&s;trained.</NOTE> for breach of a Decree, or Order of Court, he ought to be re&s;trained within the Fleet, and not permitted to go abroad without &s;peciall licen&s;e of the Court.</P>
<P>Where a Decree is made for<NOTE PLACE="marg">74. Decree for money out of land.</NOTE> Rent to be paid out of the land, or a &s;um of money to be levied out of the profits of lands, there a Seque&s;tration of the &s;ame lands being in the Defen|dents hands, or of any rent re|&s;erved
<PB N="68" REF="35">
to the Defendent out of the &s;ame lands may be granted.</P>
<P>Where cau&s;es are di&s;mi&s;&s;ed<NOTE PLACE="marg">75. Di&s;mi&s;&s;i|on on hea|rings.</NOTE> upon full hearing, and the di&s;|mi&s;&s;ion &s;igned and inrolled, &s;uch cau&s;es are not againe to be retained, nor any new Bill ad|mitted, except it be a Bill of Review, or upon matter of like nature, as in ca&s;e where a De|cree is &s;ought to be avoided, and upon like &s;ecurity and al|lowance of the Court.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="69" REF="35">
<HEAD>Bills of Review.</HEAD>
<P>TO the end that after a De|cree<NOTE PLACE="marg">76. Grounds of Bill of Review.</NOTE> made the party may be at peace, and multiplicity of &s;uits be avoided, no Bill of Review &s;hall be admitted, ex|cept it containe either error in Law appearing in the body of the Decree, without either a|verment, or further examinati|on of matters in fact, or upon new matter di&s;covered in time after the Decree made, and whereof the party could not have had advantage before; and upon &s;uch Bill of Review no Witne&s;&s;es &s;hall be examined to any matters which were or might have been examined un|to upon the former Bill; but upon Oath made of &s;uch new
<PB N="70" REF="36">
matter di&s;covered as afore|&s;aid, a Bill of Review may be exhibited by leave of the Court and not otherwi&s;e.</P>
<P>No Bill of Review &s;hall be<NOTE PLACE="marg">77. Not ad|mitted till obedience, except in particular ca&s;es.</NOTE> admitted, nor any other Bill to change matters decreed, except the Decree be fir&s;t obeyed and performed: But if any Act be decreed to be done, which ex|tingui&s;heth the parties right at Common Law, as making of a&s;&s;urance or relea&s;e, acknow|ledging &s;atisfaction, cancelling Bonds or Evidences, and the like, or where the error is appa|rent in the body of the Decree, as afore&s;aid, the Court upon motion may di&s;pen&s;e with the actuall performance of that part of the Decree till the Bill of Review be determined.</P>
<P><PB N="71" REF="36">No Bill of Review &s;hall be<NOTE PLACE="marg">78. And upon Security.</NOTE> allowed, except the party that prefers it (giving notice to the Defendent therein) do fir&s;t en|ter into a Recognizance with Sureties before &s;ome Ma&s;ter of the Court in ordinary, of a fit penalty in relation to the matter decreed for the &s;atisfa|ction of the co&s;ts and damages if the Bill of Review be di&s;mi&s;|&s;ed.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="72" REF="37">
<HEAD>Contempts.</HEAD>
<P>VVHere a contempt is<NOTE PLACE="marg">79. Appea|rance on con|tempts.</NOTE> pro&s;ecuted again&s;t any man he &s;hall not be put to move the Court as formerly hath been u&s;ed, either for Inter|rogatories to be exhibited, or for reference of his examinati|ons and di&s;charge being ex|amined. But where any per&s;on &s;hall be brought in by Proces or &s;hall appeare <HI>gratis</HI> to be ex|amined upon a contempt, he &s;hall give notice of &s;uch his ap|pearance to the Attorney or Clerk of the other &s;ide: And if within eight daies after &s;uch ap|pearance and notice given In|terrogatories &s;hall not be exhi|bited whereon to examine him; or if being examined, no refe|rence
<PB N="73" REF="37">
&s;hall be procured of his examination, nor Commi&s;&s;ion taken out by the other &s;ide, nor Witne&s;&s;es examined in Court to prove the contempt within one moneth after &s;uch examina|tion, then the party &s;o examined &s;hall be di&s;charged of his con|tempt without further motion, and may attend any one of the Ma&s;ters of the Court for the taxing of his co&s;ts, which the Ma&s;ter is to tax without further Order, and that taxation being entred in the Regi&s;ter the party may proceed for the &s;ame of cour&s;e, as in like ca&s;es of co&s;ts taxed.</P>
<P>If after appearance and In|terrogatories<NOTE PLACE="marg">80. Departure without being exa|mined.</NOTE> exhibited as a|fore&s;aid, the party appearing &s;hall depart before he be exa|mined (without leave of the
<PB N="74" REF="38">
Court) he is upon motion and Certificate from the Regi&s;ter, and of &s;uch his departing and not being examined, and of the Interrogatories exhibited from the Examiner, to &s;tand commit|ted without further day given unto him, and is not to be di&s;|charged from &s;uch his con|tempt untill he hath been exa|mined and been cleared of his contempt. And if he &s;hall upon his Examinations or by proofs be found in contempt, he &s;hall cleare &s;uch his contempt and pay the pro&s;ecutor his co&s;ts, be|fore he be di&s;charged of his im|pri&s;onment. And although he be cleared of his &s;aid contempt yet he &s;hall have no co&s;ts, in re|&s;pect of his di&s;obedience in not being examined without the pro&s;ecutors trouble and charges in moving the Court as afore|&s;aid.</P>
<P><PB N="75" REF="38">In ca&s;e of pro&s;ecution of a<NOTE PLACE="marg">81. Interroga|tories not to exceed the <HI>Affi|davit.</HI></NOTE> contempt for breach of an Or|derof the Court or otherwi&s;e grounded upon an <HI>Affidavit,</HI> the Interrogatories &s;hall not be extended to any other matter then what is comprehended in the &s;aid <HI>Affidavit</HI> or Order. And if any other &s;hall be exhibited, the party examined may for that rea&s;on demurre unto them, or refu&s;e to An&s;wer them.</P>
<P>Where the party pro&s;ecuted<NOTE PLACE="marg">82. Commi&s;|&s;ion to prove it of cour&s;e.</NOTE> upon a contempt hath denied it, or the &s;ame doth not clearly appeare by his Examinations, the pro&s;ecutor may take out a Commi&s;&s;ion of Cour&s;e to prove the contempt, and in &s;uch ca&s;e the party pro&s;ecuted may name one Commi&s;&s;ioner to be pre|&s;ent
<PB N="76" REF="39">
at the execution of the Commi&s;&s;ion, and may hence|forth (notwith&s;tanding the for|mer u&s;age to the contrary) cro&s;&s;e examine the Witne&s;&s;es produced again&s;t him, to prove the contempt, but is not to exa|mine any Witne&s;&s;es on his part, unle&s;&s;e he &s;hall &s;atisfie the Court touching &s;ome matter of Fact nece&s;&s;ary to be proved for clearing the truth. In which ca&s;e the Court if there be cau&s;e will give leave to him to examine Witne&s;&s;es to &s;uch particular points &s;et down, and the other|&s;ide may cro&s;&s;e examine &s;uch Witne&s;&s;es. But the Interroga|tories on both &s;ides are to be in|cluded in the Commi&s;&s;ion.<NOTE PLACE="marg">83. In what ca&s;es a Com. &s;hall be to exa|mine Contem|ners.</NOTE></P>
<P>Where a contempt is pro&s;e|cuted again&s;t one who by rea|&s;on of age, &s;ickne&s;&s;e or other
<PB N="77" REF="39">
cau&s;e is not able to travaile, or in ca&s;e the &s;ame be again&s;t ma|ny per&s;ons who are &s;ervants or workmen and live far off: the Court will upon motion and <HI>Affidavit</HI> thereof, grant a Commi&s;&s;ion to examine them in the Countrey&punc; Which Com|mi&s;&s;ion &s;hall be &s;ued out and ex|ecuted at the charge of the per|&s;on or per&s;ons de&s;iring it, di|rected to &s;uch indifferent Com|mi&s;&s;ioners as the pro&s;ecutor of the contempt &s;hall name (as in other ca&s;es) and one Commi&s;&s;i|oner onely at the nomination of the party pro&s;ecuted as afore|&s;aid. Which Commi&s;&s;ion &s;hall be executed at &s;uch convenient time and place, as the &s;ix Clerks not towards the cau&s;e upon hearing the Clerks on both &s;ides &s;hall &s;et downe.</P>
<P><PB N="78" REF="40">Upon every examination or<NOTE PLACE="marg">84. Ma&s;ter to tax co&s;ts of cour&s;e.</NOTE> proof of a contempt referred to any of the Ma&s;ters of the Court, to certifie whether the contempt be confe&s;&s;ed or pro|ved or not: the Ma&s;ter in his Certificate thereof made to the Court &s;hall likewi&s;e a&s;&s;e&s;&s;e and certifie the co&s;ts to either party, as there &s;hall be cau&s;e without other Order or motion made for that purpo&s;e.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Commitment.</HEAD>
<P>THe Court being tender of<NOTE PLACE="marg">85. On mi&s;de|meanour on &s;ervice.</NOTE> the liberty of mens per|&s;ons, and to avoid their impri|&s;onment upon malicious <HI>Affi|davits,</HI> which are often made by one mean and ignorant per&s;on, and which hath heretofore by the cour&s;e of the Court drawn
<PB N="79" REF="40">
on a Commitment, doth Order, That from henceforth where oath &s;hall be made of mi&s;de|meanour in beating or abu&s;ing the party upon &s;erving of the Proces or Orders of the Court, the party offending is to &s;tand committed upon motion, and no examination is in that ca&s;e to be admitted.</P>
<P>And where <HI>Affidavit</HI> &s;hall<NOTE PLACE="marg">86. For &s;can|dalous and contemp|tuous words a|gain&s;t the Court.</NOTE> be made by two per&s;ons, of &s;candalous or contemptuous words again&s;t the Court or the Proces thereof, the party offen|ding &s;hall likewi&s;e &s;tand com|mitted upon motion without a|ny further examination. And a &s;ingle <HI>Affidavit</HI> in &s;uch ca&s;e &s;hall be &s;ufficient to ground an Attachment, whereupon &s;uch per&s;on &s;hall be brought in to be examined. And if the mi&s;de|meanour &s;hall be confe&s;&s;ed, or
<PB N="80" REF="41">
proved again&s;t him, he &s;hall &s;tand committed until he &s;atisfie the Court touching his &s;aid mi&s;|demeanour, &amp; pay the pro&s;ecu|tor his co&s;ts: and if he &s;hall not be thereof found guilty, &s;ave by the oath of the party who made &s;uch <HI>Affidavit,</HI> he &s;hall be di&s;|charged, but without any co&s;ts, in re&s;pect of the oath made a|gain&s;t him, as afore&s;aid.</P>
<P>That no Order what&s;oever,<NOTE PLACE="marg">87. Orders to be entred in eight daies.</NOTE> except decretal or final Orders upon hearing be received to be entred after the &s;pace of eight days, to be reckoned from the day of the Order pronounced <HI>exclu&s;iv&egrave;:</HI> And if the party on who&s;e behalf the motion is made do not pro&s;ecute the drawing up of the Order within 4. days, the Regi&s;ter is to do the &s;ame according to his notes at the in|&s;tance of the adver&s;e party.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="81" REF="41">
<HEAD>Ma&s;ters.</HEAD>
<P>THE Ma&s;ters are not<NOTE PLACE="marg">88. Reports not to be &s;pecial without Order.</NOTE> upon the importunity of Councel (how eminent &s;oever) or their Clyents, to return &s;pe|cial certificates to the Court, unle&s;s they are required by the Court &s;o to do, or that their own judgment in re&s;pect of dif|ficulty leadeth them unto it. Such kinde of certificates for the mo&s;t part occa&s;ioning a needle&s;s trouble, rather then ea&s;e to the Court, and certain expence to the Suitor.</P>
<P>Their Certificates and Re|ports<NOTE PLACE="marg">89. Nor pro|lix.</NOTE> are to be drawn as &s;uccin|ctly as may be (pre&s;erving the matter clearly for the judge|ment of the Court) and with|out
<PB N="82" REF="42">
recital of the &s;everal points of the Orders of Reference (which do &s;ufficiently appear by the Orders them&s;elves) or the &s;everal debates of Councel before them; unle&s;s that in ca|&s;es where they are doubtfull, they &s;hortly repre&s;ent to the <HI>Court,</HI> the rea&s;ons which induce them &s;o to be.</P>
<P>The Ma&s;ters of the Court<NOTE PLACE="marg">90. To be up|on the whole an|&s;wer.</NOTE> are to take notice, That when the Court requires to be &s;atisfi|ed from them touching any matter alledged to be confe&s;&s;|ed, or &s;et forth in the Defend|ants An&s;wer; it is intended that without further Order they &s;hould take con&s;ideration of the whole An&s;wer or An|&s;wers of the Defendant, and cer|tifie not only whether the mat|ter be &s;o confe&s;&s;ed or &s;et forth,
<PB N="83" REF="42">
but al&s;o any other matter, a|voiding that confe&s;&s;ion, or bal|lancing the &s;ame, that the <HI>Court</HI> may receive a clear and true in|formation.</P>
<P>The Ma&s;ters in taking Affida|vits,<NOTE PLACE="marg">91. Oaths re|vertndly to be ad|mini&s;tred. and taken</NOTE> and admini&s;tring of Oaths in ca&s;es duly pre&s;ented unto them, are to be circum&s;pect and wary that the &s;ame be reverend|ly and knowingly given and ta|ken, and are therefore to admi|ni&s;ter the &s;ame them&s;elves to the party, and where they di|&s;cern him ra&s;h, or ignorant, to give him &s;ome con&s;cionable admonition of his Duty, and be &s;ure he under&s;tand the matter contained in his Affidavit, and read the &s;ame over, or hear it read in his pre&s;ence, and &s;ub|&s;cribe his name or mark there|unto before the &s;ame be certifi|ed
<PB N="84" REF="43">
by the Ma&s;ter, who is not to receive or certifie any Affida|vit, unle&s;s the &s;ame be fairly and legibly written without blot|ting, or interlineation of any word of &s;ub&s;tance.</P>
<P>In all matters referred to the<NOTE PLACE="marg">92. Reports po&s;itive.</NOTE> Ma&s;ters of the Court, their Certificate (not being to ground a Decree) if it be po&s;i|tive is to &s;tand, and Proces may be taken out to enforce per|formance thereof without fur|ther motion, unle&s;s the adver&s;e party upon notice given (to his Attorney or Clerk in Court) that &s;uch report is filed again&s;t him, &s;hall within eight days af|ter &s;uch 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) ob|tain
<PB N="85" REF="43">
&s;ome Order in Court to controle or &s;u&s;pend the &s;ame. And in ca&s;e of an in&s;ufficient An&s;wer certified by the Ma&s;t|ers, the Plaintiff may imme|diately take out Proces again&s;t the Defendant for his Co&s;ts, and to make a better An&s;wer as hath been formerly u&s;ed.</P>
<P>Where after Certificate or<NOTE PLACE="marg">93. Appeals from them</NOTE> Report made by the Ma&s;ters of the Court, either Party &s;hall appeal from the &s;ame, to the judgement of the Court, he &s;hall fir&s;t file his exceptions thereunto briefly, with the Re|gi&s;ter and depo&s;ite with him, Fourty &s;hillings to be paid to the other Party for his Co&s;ts, if he prevail not in &s;uch Appeal. And then the Regi&s;ter &s;hall en|ter &s;uch Cau&s;es of Appeal in a paper in order as they are
<PB N="86" REF="44">
brought unto him to be deter|mined by the Court in cour&s;e upon days of motions, and no|tice thereof to be given by the party appealing, to the Clerk of the other &s;ide. And al&s;o the Regi&s;ters Paper to be &s;et up in the Office two days before. And if the Court &s;hall not alter the Ma&s;ters Report, then the four|ty &s;hillings depo&s;ited to be paid to the Party defending the &s;ame, with &s;uch increa&s;e as the Court &s;hall finde cau&s;e to im|po&s;e, otherwi&s;e to be re&s;tored to the party appealing, and both without charge.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Petitions.</HEAD>
<P>NO Injunction for &s;tay of<NOTE PLACE="marg">94. No injun|ction to be granted on Petiti|on.</NOTE> Suit at Law &s;hall be gran|ted, revived, di&s;&s;olved, or &s;taid
<PB N="87" REF="44">
upon Petition. Nor any In|junction of any other nature &s;hall pa&s;s by Order upon Peti|tion, without notice and a Co|py of the Petition fir&s;t given to the other &s;ide, and the Petition filed with the Regi&s;ter, and the Order entered.</P>
<P>No Seque&s;tration, Di&s;mi&s;si|on,<NOTE PLACE="marg">95. Nor Se|que&s;trati|on, Di&s;|mi&s;&s;ion, Retainer, nor final Order.</NOTE> Retainers upon di&s;mi&s;sions or final Orders, are to be gran|ted upon Petition.</P>
<P>No former Order made in<NOTE PLACE="marg">96. Nor Or|der alte|red or ex|plained, nor com|mitment di&s;charg|ed.</NOTE> Court is to be altered, or ex|plained upon a Petition; no Commitment of any per&s;on taken upon Proces of contempt to be di&s;charged by Order made upon Petition, unle&s;s in the Vacation, and upon hearing the adver&s;e Party his Attorney or Clerk in Court.</P>
<P><PB N="88" REF="45">No Commi&s;sions for exa|minations<NOTE PLACE="marg">97. No Com|mi&s;&s;ions to examine witne&s;&s;es to be a|warded, or di&s;charged nor exa|minations &s;uppre&s;&s;ed by Petiti|on.</NOTE> of witne&s;&s;es, &s;hall be awarded or di&s;charged, nor ex|aminations &s;uppre&s;&s;ed upon Petition, except it be upon point of the Cour&s;e of the Court fir&s;t referred to the &s;ix Clerks not towards the Cau&s;e and certificate thereupon.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Paupers.</HEAD>
<P>After an admittance <HI>In forma</HI><NOTE PLACE="marg">98. Not to pay Fees.</NOTE> <HI>Pauperis,</HI> no Fee, Profit, or Reward &s;hall be taken of &s;uch Party admitted, by any Coun|cellor or Attorney for the di&s;|patch of the <HI>Paupers</HI> bu&s;ine&s;s, during the time it &s;hall depend in Court, and he continued <HI>In forma pauperis;</HI> nor any con|tract, nor agreement be made for any Recompence, or Re|ward
<PB N="89" REF="45">
afterwards. And if any Per&s;on offending herein &s;hall be di&s;covered to the Court, he &s;hall undergo the di&s;plea&s;ure of the Court, and &s;uch further puni&s;hment as the Court &s;hall think fit to inflict upon him, and the party admitted, who &s;hall give any &s;uch Fee or Re|ward, or make any &s;uch con|tract, or agreement, &s;hall be from thenceforth <HI>Di&s;paupered,</HI> and not be afterwards admitted again in that Suit to pro&s;ecute <HI>in forma pauperis.</HI></P>
<P>If it &s;hall be made appear to<NOTE PLACE="marg">99. No<GAP DESC="illegible" EXTENT="1 letter"> to contract for the be|nefit of the Suit.</NOTE> the Court, That any Per&s;on pro&s;ecuting <HI>in forma pauperis,</HI> hath &s;old or contracted for the benefit of the &s;uit, or any part thereof whiles the &s;ame depends, &s;uch cau&s;e &s;hall be from thenceforth totally di&s;|mi&s;&s;ed
<PB N="90" REF="46">
the Court, and never a|gain Retained.</P>
<P>Such Councel, or Attorney<NOTE PLACE="marg">100. Councel and Attor|ney a&s;&s;ig|ned to do their duty.</NOTE> as &s;hall be a&s;signed by the <HI>Court</HI> to a&s;si&s;t the Per&s;on admitted <HI>in forma pauperis,</HI> either to pro&s;e|cute or defend, may not refu&s;e &s;o to do, unle&s;s they &s;atisfie the Lords Commi&s;sioners, or Ma|&s;ter of the Rolles who granted the admittance, with &s;ome good rea&s;on of their forbear|ance.</P>
<P>That Councellor who &s;hall<NOTE PLACE="marg">101. Motions for them to be fir&s;t made.</NOTE> move any thing to the Court, on the behalf of a Per&s;on ad|mitted <HI>in forma pauperis,</HI> ought to have the Order of admit|tance with him, and fir&s;t to move the &s;ame, before any other motion. And if the Regi&s;ter &s;hall finde that &s;uch per&s;on was
<PB N="91" REF="46">
not admitted <HI>in forma pauperis,</HI> he &s;hall not draw up any Or|der upon the &s;econd motion made by any &s;uch Councel, but he &s;hall lo&s;e the fruit of &s;uch &s;econd motion in re&s;pect of his abu&s;e to the Court.</P>
<P>No Proces of Contempt<NOTE PLACE="marg">102. Proces of Contempt for them to be fir&s;t &s;igned by the &s;ix Clerk.</NOTE> &s;hall be made forth and &s;ent to the Great Seal at the &s;uit of any Per&s;on pro&s;ecuting as Plain|tiff <HI>in forma pauperis,</HI> untill it be &s;igned by the &s;ix Clerk who deals for him, and the &s;ix Clerks are to take care, that the &s;uch Proces be not taken out need|le&s;ly, or for vexation, but upon ju&s;t and good cau&s;e, as they will an&s;wer it to the Court, if the contrary &s;hall appear.</P>
<P>And la&s;tly; it is Ordered,<NOTE PLACE="marg">103.</NOTE> That all Ma&s;ters of the Court
<PB N="92" REF="47">
of Chancery, Councellors, and all Officers, Mini&s;ters, Clerks, and Solicitors in the &s;aid Court, do ob&s;erve the&s;e Orders, which are to conti|nue until upon further Con&s;i|deration and experience, any Alterations &s;hall be thought fit to be made therein.</P>
</DIV2>
<PB REF="47">
<CLOSER><SIGNED><LIST>
<ITEM>B. Whitelocke <HI>C. S.</HI></ITEM>
<ITEM>Rich. Keble <HI>C. S.</HI></ITEM>
<ITEM><HI>W. Lenthall</HI> Ma|&s;ter of the <HI>Roles.</HI></ITEM>
</LIST></SIGNED></CLOSER>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="index">
<PB REF="48">
<PB REF="48">
<HEAD>An Alphabetical Table.</HEAD>
<DIV2 TYPE="index">
<P><TABLE>
<HEAD>A</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Fol.</CELL>
<CELL ROLE="label">Reg.</CELL>
</ROW>
<ROW>
<CELL>AN&s;wer to matter of Fact.</CELL>
<CELL>15</CELL>
<CELL>10</CELL>
</ROW>
<ROW>
<CELL>Time to an&s;wer exceptions.</CELL>
<CELL>19</CELL>
<CELL>14</CELL>
</ROW>
<ROW>
<CELL>Time to deliver Exceptions to an An&s;wer.</CELL>
<CELL>ib.</CELL>
<CELL>15</CELL>
</ROW>
<ROW>
<CELL>Further in&s;ufficient An&s;wers, and Costs for them.</CELL>
<CELL>21</CELL>
<CELL>16</CELL>
</ROW>
<ROW>
<CELL>Appeals from Masters Reports.</CELL>
<CELL>85</CELL>
<CELL>93</CELL>
</ROW>
</TABLE></P>
<P><TABLE>
<HEAD>B</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Fol.</CELL>
<CELL ROLE="label">Reg.</CELL>
</ROW>
<ROW>
<CELL>S&V;ccinctne&s;s in Bills.</CELL>
<CELL>5</CELL>
<CELL>1</CELL>
</ROW>
<ROW>
<CELL>Certiorari Bill.</CELL>
<CELL>61</CELL>
<CELL>63</CELL>
</ROW>
<ROW>
<CELL>Bills of Review.</CELL>
<CELL>69</CELL>
<CELL>76</CELL>
</ROW>
<ROW>
<CELL>Not to be admitted till obedience, ex|cept in particular ca&s;es,</CELL>
<PB REF="49">
<CELL>70</CELL>
<CELL>77</CELL>
</ROW>
<ROW>
<CELL>And upon &s;ecurity.</CELL>
<CELL>71</CELL>
<CELL>78</CELL>
</ROW>
</TABLE></P>
<P><TABLE>
<HEAD>C</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Fol.</CELL>
<CELL ROLE="label">Reg.</CELL>
</ROW>
<ROW>
<CELL>CAu&s;es to be &s;et down according to priority of Publication.</CELL>
<CELL>57</CELL>
<CELL>58</CELL>
</ROW>
<ROW>
<CELL>Commi&s;&s;ion to An&s;wer gives liberty to Plead and Demur al&s;o.</CELL>
<CELL>45</CELL>
<CELL>45</CELL>
</ROW>
<ROW>
<CELL>Commi&s;&s;ion to An&s;wer to contain an Injunction.</CELL>
<CELL>48</CELL>
<CELL>48</CELL>
</ROW>
<ROW>
<CELL>Not to be granted after Attach <HI>cum procl.</HI></CELL>
<CELL>45</CELL>
<CELL>44</CELL>
</ROW>
<ROW>
<CELL>In what ca&s;e a &s;econd Commi&s;&s;ion to An&s;wer.</CELL>
<CELL>46</CELL>
<CELL>46</CELL>
</ROW>
<ROW>
<CELL>Carriage of a Commi&s;&s;ion to Exa|mine.</CELL>
<CELL>32</CELL>
<CELL>29</CELL>
</ROW>
<ROW>
<CELL>Commi&s;&s;ion <HI>ex parte</HI> when</CELL>
<CELL>ib.</CELL>
<CELL>28</CELL>
</ROW>
<ROW>
<CELL>New Commi&s;&s;ions, and how</CELL>
<CELL>34</CELL>
<CELL>30</CELL>
</ROW>
<ROW>
<CELL>New Commi&s;&s;ion through the Defen|dants default.</CELL>
<CELL>35</CELL>
<CELL>31</CELL>
</ROW>
<ROW>
<CELL>Commitment for Mi&s;demeanors on Service.</CELL>
<CELL>78</CELL>
<CELL>85</CELL>
</ROW>
<ROW>
<CELL>For Scandalous, and Contemptuous words again&s;t the Court.</CELL>
<CELL>79</CELL>
<CELL>86</CELL>
</ROW>
</TABLE></P>
<P><PB REF="49">
<TABLE>
<HEAD>Contempts.</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Fol.</CELL>
<CELL ROLE="label">Reg.</CELL>
</ROW>
<ROW>
<CELL>Proces of Contempt into the proper County.</CELL>
<CELL>42</CELL>
<CELL>41</CELL>
</ROW>
<ROW>
<CELL>Endeavour to be u&s;ed in &s;erving it.</CELL>
<CELL>43</CELL>
<CELL>42</CELL>
</ROW>
<ROW>
<CELL>To be di&s;charged on payment of the Co&s;ts, or on Tender and refu|&s;all.</CELL>
<CELL>44</CELL>
<CELL>43</CELL>
</ROW>
<ROW>
<CELL>Appearance on Contempts.</CELL>
<CELL>72</CELL>
<CELL>79</CELL>
</ROW>
<ROW>
<CELL>Departure without b<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">ing Examined.</CELL>
<CELL>73</CELL>
<CELL>80</CELL>
</ROW>
<ROW>
<CELL>In what ca&s;e a Commi&s;&s;ion &s;hall be to Examine Contemners.</CELL>
<CELL>76</CELL>
<CELL>83</CELL>
</ROW>
<ROW>
<CELL>Commi&s;&s;ion to prove a Contempt of cour&s;e.</CELL>
<CELL>75</CELL>
<CELL>81</CELL>
</ROW>
<ROW>
<CELL>Contemners, when to be di&s;charged.</CELL>
<CELL>66</CELL>
<CELL>72</CELL>
</ROW>
<ROW>
<CELL>When re&s;trained.</CELL>
<CELL>67</CELL>
<CELL>73</CELL>
</ROW>
<ROW>
<CELL>Co&s;ts for in&s;ufficient An&s;wer.</CELL>
<CELL>19</CELL>
<CELL>15</CELL>
</ROW>
<ROW>
<CELL>For further in&s;ufficient An&s;wer.</CELL>
<CELL>21</CELL>
<CELL>16</CELL>
</ROW>
<ROW>
<CELL>Ma&s;ters to tax Co&s;ts on Contempts of Cour&s;e.</CELL>
<CELL>78</CELL>
<CELL>84</CELL>
</ROW>
<ROW>
<CELL>Co&s;ts to be given on hearing</CELL>
<CELL>60</CELL>
<CELL>61</CELL>
</ROW>
<ROW>
<CELL>Contemner to pay the Costs double.</CELL>
<CELL>ib.</CELL>
<CELL>62</CELL>
</ROW>
</TABLE></P>
<P><TABLE>
<HEAD>D</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Fol.</CELL>
<CELL ROLE="label">Reg.</CELL>
</ROW>
<ROW>
<CELL>DEcrees, who is bound by them, and who not.</CELL>
<CELL>62</CELL>
<CELL>64</CELL>
</ROW>
<ROW>
<CELL>To be drawn briefly.</CELL>
<CELL>ib.</CELL>
<CELL>65</CELL>
</ROW>
<ROW>
<CELL><PB REF="50">Not to be altered but by Bill of Re|view,</CELL>
<CELL>63</CELL>
<CELL>66</CELL>
</ROW>
<ROW>
<CELL>Save in mi&s;takes demon&s;trative.</CELL>
<CELL>ib,</CELL>
<CELL>67</CELL>
</ROW>
<ROW>
<CELL>When to be enrolled.</CELL>
<CELL>ib.</CELL>
<CELL>68</CELL>
</ROW>
<ROW>
<CELL>An entry to be made of the lands &amp;c.</CELL>
<CELL>64</CELL>
<CELL>69</CELL>
</ROW>
<ROW>
<CELL>Clarks to take care it be done.</CELL>
<CELL>65</CELL>
<CELL>70</CELL>
</ROW>
<ROW>
<CELL>Pro&s;ecution of Decrees for Lands.</CELL>
<CELL>ib.</CELL>
<CELL>71</CELL>
</ROW>
<ROW>
<CELL>For money out of Lands.</CELL>
<CELL>67</CELL>
<CELL>74</CELL>
</ROW>
<ROW>
<CELL>Default at hearing.</CELL>
<CELL>58</CELL>
<CELL>59</CELL>
</ROW>
<ROW>
<CELL>Demurrer to put in without per&s;onal attendance or charge of Commi&s;&s;ion.</CELL>
<CELL>7</CELL>
<CELL>2</CELL>
</ROW>
<ROW>
<CELL>Demurrers to expre&s;s the cau&s;es.</CELL>
<CELL>9</CELL>
<CELL>4</CELL>
</ROW>
<ROW>
<CELL>Demurrer upon a &s;lip or mi&s;take.</CELL>
<CELL>14</CELL>
<CELL>9</CELL>
</ROW>
<ROW>
<CELL>No demurrer after Attach <HI>cum proc.</HI></CELL>
<CELL>45</CELL>
<CELL>44</CELL>
</ROW>
<ROW>
<CELL>Demurrer being admitted the Bill to be di&s;mi&s;&s;ed of Cour&s;e.</CELL>
<CELL>14</CELL>
<CELL>6</CELL>
</ROW>
<ROW>
<CELL>Depo&s;itions in Cro&s;s cau&s;es.</CELL>
<CELL>37</CELL>
<CELL>34</CELL>
</ROW>
<ROW>
<CELL>Depo&s;itions in another cau&s;e.</CELL>
<CELL>ib.</CELL>
<CELL>35</CELL>
</ROW>
<ROW>
<CELL>Depo&s;itions to be &s;uppre&s;sed, and how.</CELL>
<CELL>ib.</CELL>
<CELL>36</CELL>
</ROW>
<ROW>
<CELL>Di&s;mi&s;&s;ion for non-pro&s;ecution not to be retained till co&s;ts paid.</CELL>
<CELL>23</CELL>
<CELL>18</CELL>
</ROW>
<ROW>
<CELL>Di&s;mi&s;&s;ions on hearing.</CELL>
<CELL>68</CELL>
<CELL>75</CELL>
</ROW>
</TABLE></P>
<P><TABLE>
<HEAD>E</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Fol.</CELL>
<CELL ROLE="label">Reg.</CELL>
</ROW>
<ROW>
<CELL>TIme to an&s;wer Exceptions.</CELL>
<CELL>19</CELL>
<CELL>14</CELL>
</ROW>
<ROW>
<CELL>Time for Exceptions to be deli|vered.</CELL>
<CELL>ib.</CELL>
<CELL>15</CELL>
</ROW>
<ROW>
<CELL><PB REF="50">Examiners Duty.</CELL>
<CELL>25</CELL>
<CELL>20</CELL>
</ROW>
<ROW>
<CELL>To have care of their Clerks, and be an&s;werable for them.</CELL>
<CELL>ib.</CELL>
<CELL>21</CELL>
</ROW>
<ROW>
<CELL>Examiner to avoid impertinences.</CELL>
<CELL>29</CELL>
<CELL>24</CELL>
</ROW>
<ROW>
<CELL>No Examination after publication.</CELL>
<CELL>31</CELL>
<CELL>27</CELL>
</ROW>
</TABLE></P>
<P><TABLE>
<HEAD>H</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Fol.</CELL>
<CELL ROLE="label">Reg.</CELL>
</ROW>
<ROW>
<CELL>HEaring on Bill and An&s;wer.</CELL>
<CELL>17</CELL>
<CELL>11</CELL>
</ROW>
<ROW>
<CELL>What evidence admitted.</CELL>
<CELL>18</CELL>
<CELL>12</CELL>
</ROW>
<ROW>
<CELL>Default at hearings.</CELL>
<CELL>58</CELL>
<CELL>59</CELL>
</ROW>
<ROW>
<CELL>Rea&s;ons to be expre&s;&s;ed in the Order.</CELL>
<CELL>59</CELL>
<CELL>60</CELL>
</ROW>
<ROW>
<CELL>Co&s;ts to be given on hearing,</CELL>
<CELL>60</CELL>
<CELL>61</CELL>
</ROW>
</TABLE></P>
<P><TABLE>
<HEAD>I</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Fol.</CELL>
<CELL ROLE="label">Reg.</CELL>
</ROW>
<ROW>
<CELL>INterrogatories to be pertinent.</CELL>
<CELL>24</CELL>
<CELL>19</CELL>
</ROW>
<ROW>
<CELL>No new Interrogatories for the &s;ame witne&s;&s;es&punc;</CELL>
<CELL>31</CELL>
<CELL>27</CELL>
</ROW>
<ROW>
<CELL>No Fees for the Copies of the parties own Interrogatories, &s;ave for writing.</CELL>
<CELL>36</CELL>
<CELL>33</CELL>
</ROW>
<ROW>
<CELL>Interrogatories not to exceed the Af|fidavit.</CELL>
<CELL>75</CELL>
<CELL>81</CELL>
</ROW>
<ROW>
<CELL>Injunction contained in a Commi&s;&s;ion to An&s;wer</CELL>
<CELL>48</CELL>
<CELL>48</CELL>
</ROW>
<ROW>
<CELL><PB REF="51">Grounds for Injunctions to &s;tay &s;uits.</CELL>
<CELL>49</CELL>
<CELL>49</CELL>
</ROW>
<ROW>
<CELL>Injunction on Bills after verdict,</CELL>
<CELL>50</CELL>
<CELL>50</CELL>
</ROW>
<ROW>
<CELL>Injunctions on the matter without Reference.</CELL>
<CELL>51</CELL>
<CELL>51</CELL>
</ROW>
<ROW>
<CELL>Injunctions on mi&s;-information.</CELL>
<CELL>52</CELL>
<CELL>52</CELL>
</ROW>
<ROW>
<CELL>Injunctions to be di&s;&s;olved without motion, and in what ca&s;es.</CELL>
<CELL>53</CELL>
<CELL>53</CELL>
</ROW>
<ROW>
<CELL>Injunctions to quiet Po&s;&s;e&s;&s;ion.</CELL>
<CELL>54</CELL>
<CELL>54</CELL>
</ROW>
<ROW>
<CELL>Not to hinder Suits, Lea&s;e, Entry, or Distre&s;s.</CELL>
<CELL>55</CELL>
<CELL>55</CELL>
</ROW>
<ROW>
<CELL>Not to extend to take away Po&s;&s;e&s;&s;ion</CELL>
<CELL>ib.</CELL>
<CELL>56</CELL>
</ROW>
<ROW>
<CELL><HI>Injunct. for Timber, Ploughing</HI> &amp;c.</CELL>
<CELL>56</CELL>
<CELL>57</CELL>
</ROW>
</TABLE></P>
<P><TABLE>
<HEAD>O</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Fol.</CELL>
<CELL ROLE="label">Reg.</CELL>
</ROW>
<ROW>
<CELL>OAths reverendly to be admini|&s;tred and taken.</CELL>
<CELL>83</CELL>
<CELL>91</CELL>
</ROW>
<ROW>
<CELL>Orders to be entered in eight days.</CELL>
<CELL>80</CELL>
<CELL>87</CELL>
</ROW>
</TABLE></P>
<P><TABLE>
<HEAD>P</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Fol.</CELL>
<CELL ROLE="label">Reg.</CELL>
</ROW>
<ROW>
<CELL>PAupers not to pay Fees,</CELL>
<CELL>88</CELL>
<CELL>98</CELL>
</ROW>
<ROW>
<CELL>Nor to contract for the benefit of his Suit.</CELL>
<CELL>89</CELL>
<CELL>99</CELL>
</ROW>
<ROW>
<CELL>Councel and Attorney a&s;&s;igned to do their duty.</CELL>
<CELL>90</CELL>
<CELL>100</CELL>
</ROW>
<ROW>
<CELL>Motions for them to be first made.</CELL>
<CELL>ib.</CELL>
<CELL>101</CELL>
</ROW>
<ROW>
<CELL><PB REF="51">Proces of Contempt for them to be fir&s;t &s;igned by the &s;ix Clerk.</CELL>
<CELL>91</CELL>
<CELL>102</CELL>
</ROW>
<ROW>
<CELL>No Pleadings to be of effect till filed.</CELL>
<CELL>8</CELL>
<CELL>3</CELL>
</ROW>
<ROW>
<CELL>Pleadings to be &s;uccinct.</CELL>
<CELL>5</CELL>
<CELL>1</CELL>
</ROW>
<ROW>
<CELL>Pleas to be put in without per&s;onal attendance or Commi&s;&s;ion.</CELL>
<CELL>7</CELL>
<CELL>2</CELL>
</ROW>
<ROW>
<CELL>Pleas on the matter, or to the Juri&s;|diction.</CELL>
<CELL>9</CELL>
<CELL>4</CELL>
</ROW>
<ROW>
<CELL>Plea of Outlawry.</CELL>
<CELL>10</CELL>
<CELL>5</CELL>
</ROW>
<ROW>
<CELL>Plea of a former Suit depending.</CELL>
<CELL>12</CELL>
<CELL>6</CELL>
</ROW>
<ROW>
<CELL>Plea of a Suit depending in another Court.</CELL>
<CELL>13</CELL>
<CELL>7</CELL>
</ROW>
<ROW>
<CELL>Petitions. No Injunction to be granted by Petition.</CELL>
<CELL>86</CELL>
<CELL>64</CELL>
</ROW>
<ROW>
<CELL>Nor Seque&s;tration, Di&s;mi&s;&s;ion, Re|tainers upon Di&s;mi&s;&s;ions, or final Orders.</CELL>
<CELL>87</CELL>
<CELL>95</CELL>
</ROW>
<ROW>
<CELL>Nor Order altered or explained, nor Commitment di&s;charged.</CELL>
<CELL>ib.</CELL>
<CELL>96</CELL>
</ROW>
<ROW>
<CELL>No Commi&s;&s;ions for Examination of Witne&s;&s;es to be awarded or di&s;|charged, nor Examinations &s;up|pre&s;&s;ed by Petition.</CELL>
<CELL>88</CELL>
<CELL>97</CELL>
</ROW>
<ROW>
<CELL>Proofs to be only of matters nece&s;&s;ary.</CELL>
<CELL>22</CELL>
<CELL>17</CELL>
</ROW>
<ROW>
<CELL>One rule for Publication on a joynt Commi&s;&s;ion.</CELL>
<CELL>36</CELL>
<CELL>32</CELL>
</ROW>
</TABLE></P>
<P><PB REF="52">
<TABLE>
<HEAD>R</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Fol.</CELL>
<CELL ROLE="label">Reg.</CELL>
</ROW>
<ROW>
<CELL>Plaintiff to Reply, if An&s;wer good to common intent.</CELL>
<CELL>19</CELL>
<CELL>13</CELL>
</ROW>
<ROW>
<CELL>Reports of Ma&s;ters not to be &s;pecial without Order.</CELL>
<CELL>81</CELL>
<CELL>88</CELL>
</ROW>
<ROW>
<CELL>Nor prolix.</CELL>
<CELL>ib.</CELL>
<CELL>89</CELL>
</ROW>
<ROW>
<CELL>To be upon the whole An&s;wer.</CELL>
<CELL>82</CELL>
<CELL>90</CELL>
</ROW>
<ROW>
<CELL>Reports that are po&s;itive.</CELL>
<CELL>84</CELL>
<CELL>92</CELL>
</ROW>
</TABLE></P>
<P><TABLE>
<HEAD>S</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Fol.</CELL>
<CELL ROLE="label">Reg.</CELL>
</ROW>
<ROW>
<CELL>SErvice of a <HI>Subpoena</HI> to an&s;wer.</CELL>
<CELL>39</CELL>
<CELL>37</CELL>
</ROW>
<ROW>
<CELL><HI>Subpoena</HI> for better An&s;wer and Co&s;ts in one.</CELL>
<CELL>40</CELL>
<CELL>38</CELL>
</ROW>
<ROW>
<CELL><HI>Subpoena ducens tecum</HI> to be &s;ued out of cour&s;e.</CELL>
<CELL>41</CELL>
<CELL>39</CELL>
</ROW>
<ROW>
<CELL>Service of a <HI>Subpoena ad audiend. Judicium.</HI></CELL>
<CELL>42</CELL>
<CELL>40</CELL>
</ROW>
<ROW>
<CELL>Seque&s;tration on <HI>non e&s;t invent.</HI></CELL>
<CELL>47</CELL>
<CELL>47</CELL>
</ROW>
</TABLE></P>
<P><TABLE>
<HEAD>W</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL ROLE="label">Fol.</CELL>
<CELL ROLE="label">Reg.</CELL>
</ROW>
<ROW>
<CELL>NO Witne&s;s to be exaamined without notice, &amp;c.</CELL>
<CELL>27</CELL>
<CELL>22</CELL>
</ROW>
<ROW>
<CELL>Witne&s;&s;es to be examined to <HI>Interr. &s;eriatim.</HI></CELL>
<CELL>28</CELL>
<CELL>23</CELL>
</ROW>
<ROW>
<CELL>Examination to the credit of a Wit|ne&s;s, and how.</CELL>
<CELL>30</CELL>
<CELL>25</CELL>
</ROW>
<ROW>
<CELL>Fee for examining a Witne&s;s to be deducted.</CELL>
<CELL>ib.</CELL>
<CELL>26</CELL>
</ROW>
</TABLE></P>
</DIV2>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
