Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	chancellor_n	great_a	seal_n	2,853	5	8.3166	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33868	A collection of such of the orders heretofore used in Chancery with such alterations and additions thereunto, as the right honorable Edward Earle of Clarendon, lord chancellor of England ... and ... the honorable Sir Harbottle Brimston, Barronet, master of the rolls, have thought fit at present to ordaine and publish for reforming of several abuses in the said courts, preventing multiplicity of suits, motions, and unnecessary charge to the suiters, and for their more expeditious and certain course for relief.	England and Wales. Court of Chancery.; Clarendon, Edward Hyde, Earl of, 1609-1674.; Grimston, Harbottle, Sir, 1603-1685.	1661 (1661)	Wing C5198; ESTC R30918	15,112	94

Answer certified by the Masters the Plaintiffe may immediately take out Process against the Defendant for his costs and to make a better Answer as hath formerly been used Where after Certificate or Report made by the Masters of the Court either Partie shall Appeal from the same to the judgment of the Court he shall first File his Exceptions thereunto briefly with the Register and deposite with him fourty shillings to be paid to the other partie for his Costs if he prevail not in such Appeal And then the Register shall enter such causes of Appeal in a paper in order as they are brought unto him to be determin'd by the Court in course upon days of Motions And notice thereof to be given by the party Appealing to the Clerk of the Other side And also the Registers paper to be set up in the Office two dayes before And if the Court shall not alter the Masters Report then the fourtie shillings deposited to be paid to the partie defending the same with such increase as the Court shall finde cause to impose otherwise to be restored to the party Appealing and both without charge The Masters Extraordinary shall not within twenty miles of London take any Affidavits or Acknowledgment of Deeds or Recognizances or do any other Act incident to the place of Master of the Chancery And to the end it may appear whether any Master Extraordinary shall notwithstanding presume so to do Every such Master shall expresse the name of the Town and County where he shall take any Affidavit or the Acknowledgment of any Deed or Recognizance otherwise the same shall not be held Authentical nor admitted to be Filed or Inrolled Cursitor WHereas there is an Irregular practice lately Introduced of making forth Original Writs of Clausum fregit in Trespass without any other Cause of Action therein expressed of Returns past when in truth the proper cause of Action is either Debt Case Ejectment or some other cause of Action And by process thereupon the Defendant is not only usually arrested but frequently proceeded against to the Outlawry to the great damage of the Subject and the losse and diminution not only of the proper Original Writs issueing out of this Court but also of his MAJESTIES revenue for the casuall Fines thereupon due and payable It is therefore Ordered That no Cursitor of this Court from and after the first Day of Trinity Tearm next ensuing make or cause to be made any Writs of Clausum fregitt or Clausum Domum fregitt within the City of London without special Warrant from the Lord Chancellor or Lord Keeper of the Great Seale of England or Master of the Rolls for the time being unlesse it be made appear by Affidavit or some other probable evidence that the same is the true and proper cause of Action That no Cursitor of any other Country do make or permit to be made within his respective Devision any of the said Writs of Clausum fregitt or Clausum Domum fregitt of any other returne then of the last returne of every respective Tearm unlesse it be to warrant Arrests and Testatum Capias only That no Cursitor shall from and after the end of Michaelmas Tearm next ensuing make or permit to be made within his respective Office and Devision any Originall Writs whatsoever of any returne past unlesse he shall receive the Instructions for making thereof within the Tearm wherein the said Writs are to be retournable Or at the farthest on or before the first Eisoigne day of the next Succeeding Tearm without speciall Warrant from the Lord Chancellour or Lord Keeper of the Great Seale of England of Master of the Rolls for the time being Or good cause to be allowed of by the Principal and Assistants of the Company of the Cursitors for the time being or the Major part of them at their Publick meetings according as heretofore hath been used The Cursitors are to take care that they imploy under them in their Office none but Persons of known integrity and abillity And if any Clarks or Persons so imployed shall be found faulty in the premisses he shall be expulsed the Office And the Cursitor who so imployed him shall be answerable to the Court for such Misdemeanours And such Person or Persons who shall be discovered to do or proceed otherwise then is before mentioned shall be lyable to such censure for his offence As the Court shall find just to inflict upon him Petitions No Injunction for stay of Suite at Law shall be granted revived dissolved or stayd upon Petition Nor any Injunction of any other nature shall passe by Order upon Petition without notice and a Copy of the Petiton first given to the other side And the Petition filed with the Register and the Order entered No Sequestration Dismission Retainers upon Dismissions or finall Orders are to be granted upon Petition No former Order made in Court is to be altered or explained upon a Petition Or Commitment of any Person taken upon Process of Contempt to be discharged but upon hearing the adverse party his Atturney or Clark toward the Cause Paupers AFter an admittance In forma pauperis No Fee Profit or Reward shall be taken of such party admitted by any Councellor or Atturney for the dispatch of the Paupers business during the time it shal depend in Court and he continued in forma pauperis nor any Contract nor Agreement be made for any Recompence or Reward afterwards And if any person offending herein shal be discovered to the Court he shall undergo the displeasure of the Court and such further punishment as the Court shall think fit to inflict upon him and the party admitted who shall give any such Fees or Reward or make any such Contract or Agreement shall be from thenceforth dispaupered and not be afterwards admitted again in that Suit to prosecure in forma pauperis If it shall be made appear to the Court That any person prosecuting in forma pauperis hath sold or contracted for the benefit of the Suit or any part thereof whiles the same depends such cause shall be from thenceforth totally dismissed the Court and never again retained Such Councel or Atturney as shall be assigned by the Court to assist the person admitted in forma pauperis either to prosecute or defend may not refuse so to do unlesse they satisfie the Lord Chancellour or Lord Keeper of England or Master of the Rolls who granted the admittance with some good reason of their forbearance That Councellour who shall move any thing to the Court on the behalf of a person admitted in forma pauperis ought to have the Order of Admittance with him and first to move the same before any other motion And if the Register shall finde that such person was not admitted in forma pauperis he shall not draw up any Order upon the second motion made by any such Councel but he shall lose the fruit of such second motion in respect of his abuse to the Court. No process of Contempt shall be made forth and sent to the Great Seal at the Suit of any person prosecuting as Plaintiffe in forma Pauperis until it be signed by the six Clerk who deals for him and the six Clerks are to take care that such processe be not taken out needlesly or for vexation but upon just and good grounds as they will answer it to the Court if the contrary shall appear And lastly It is Ordered that all Masters of the Court of Chancery Councellors and all Officers Ministers Clerks and Solicitors in the said Court do observe these Orders which are to continue until upon further consideration and experience any Alterations shall be thought fit to be made therein Clarendon HAR. GRIMSTON FINIS THE TABLE ANswers and all such Orders as do relate thereunto fol. 20 Bills and all such Orders as do relate thereunto 5 Commissions and all such Orders as do relate thereunto 46 Causes to be set down for hearing and all such Orders as do relate thereunto 52 Proceedings in hearing of Causes 55 Contempt and all such Orders as do relate thereunto 57 Commitment and all such Orders as do relate thereunto 65 Cursitors Proceedings and all such as do relate thereunto 80 Depositions and all such Orders as do relate thereunto 50 Decrees and Dismissions and all such Orders as do relate thereunto 68 Exceptions and all such Orders as do relate thereunto 24 Examinations of Witnesses and all Orders relating thereunto 30 Masters Proceedings and all Orders relating thereunto 72 Pleas and Demurrers and all such Orders as do relate therunto 10 Petitions and all such Orders as do relate thereunto 85 Paupers and all such Orders as do relate thereunto 86 Subpoenaes and all such Orders as do relate thereunto 8 FINIS

A COLLECTION OF Such of the ORDERS Heretofore used in CHANCERY With such Alterations and Additions thereunto as the right Honorable Edward Earle of Clarendon Lord Chancellor of England By and with the advice and assistance of the Honorable Sir Harbottle Grimston Barronet Master of the ROLLS Have thought fit at present to Ordaine and Publish For Reforming of several Abuses in the said Court preventing multiplicity of Suits Motions and unnecessary Charge to the Suiters and for their more expeditious and certain course for Relief London Printed for Henry Chase and are to be sold at his shop at the Rolls in Chancery-lane over against the six Clerks Office and by Humphery Tuckey at the black-spread-Eagle in Fleetstreet 1661. I do appoint Henry Chase to print these Rules and that no other person or persons do presume to print the same May 22. 1661. Clarendon Harbottle Grimston A COLLECTION of such of the ORDERS heretofore used in Chancery Bills THAT no Councellor do put his hand to any Bill Answer or other Pleading unless it be drawn or at least perused by himself in the paper draught before it be ingrossed which they shall do well for their own discharge to sign also after perusal And Council are to take care that the same be not stuffed with repetition of Deeds Writings or Records in haec verba but the effect and substance of so much of them only as is pertinent and material to be set down and that in brief terms without long and needless traverses of points not traversable tautologies multiplication of words or other impertinencies occasioning needless prolixity to the end the ancient Brevity and Succinctness in Bills and other pleadings may be restored and observed Much less may any Council insert therein matter meerly criminous or scandalous under the penalty of good costs to be laid on such Council and paid to the party grieved before such Council be heard in Court That all Bills be dated the same day they are brought into the Six Clerks Office and that no Six Clerk presume to Antedate any Bill and that no Under-clerk presume to keep any Bill by him but with the first opportunity deliver the same to the Six Clerk or his allowed Deputy in his absence to be accordingly filed No Bill Answer or other pleading shall be said to be of Record or to be of any effect in Court until the same be filed with such of the Six Clerks with whom it ought properly to remain Subpoena's THat all plaintifs may have liberty to take forth Subpoena's ad respondendum before the filing of their Bills if they please notwithstanding any late Order or usage to the contrary That every Subpoena to answer revive review rejoyn to testifie or to hear judgement shall be served personally or left at the Defendants dwelling house or place of residence with one of that Family And to Clerk of this Court shall issue any Attachment for not appearing but upon Affidavit first made positive and certain of the day and place of such service of the Subpoena and the time of the return thereof whereby it shall appear that such service was made if in London or within twenty miles thereof four dayes at the least excluding the day of such service And if above twenty miles then to have been eight dayes before such Attachment entered And that such Attachment shall not be discharged but upon payment of usual costs and so the succeeding costs to be double Pleas and Demurrers FOrasmuch as the Defendant being served with process to answer may by advice of Council upon sight of the Bill only be enabled to demurre thereunto if there because or may by like advice be enabled to put in any just plea which he hath in disability of the person of the Plaintiff or to the jurisdiction of the Court It is therefore Ordered That such Demurrer or such plea in disability or to the jurisdiction of the Court under the hand of Council learned shall be received and filed although the Defendant do not deliver the same in person or by Commission And therefore if the Defendant shall pray a Commission and thereby return Demurrer only or only such plea which shall be afterward over-ruled the Defendant shall pay five marks costs and a though it be allowed the Defendant shall have no costs in respect of the Plaintiffs need less trouble occasion'd by such Commission Every Demurrer shall express the several causes of Demurrer and shall be determined in open Court And such pleas also as are grounded upon the substance and body of the matter or extend to the jurisdiction of the Court shall be determined in open Court And for that purpose the Defendant is to enter the same with the Register within eight dayes after the filing thereof or in default of such entry made the same shall be disallowed of course as put in for delay And the Plaintiff may then take out process to enforce the Defendant to make a better answer and pay forty shillings costs and the same shall not afterwrads be admitted to be set down or debated unless upon motion it shall be Ordered by the Court And if any cause of Demurrer shall arise and be insisted on at the debate of the Demurrer more than is particularly alledged yet the Defendant shall pay the ordinary costs of Over-ruling a Demurrer which is here by Ordered to be five marks costs if those causes which are particularly alledged be disallowed although the Bill in respect of that particular so newly alledged shall be dismissed by the Court. A Plea of Outlawry as it be in any suit for that duty touching which relief is sought by the Bill is insufficient according to the Rule of Law and shall be disallowed of course as put in for delay And the Plaintiff may notwithstanding such Plea take out process to enforce the Defendant to make a better answer and pay five Marks costs otherwise a plea of Outlawry is alwayes a good plea so long as the Outlawry remaineth in force And therefore the Defendant shall not be put to set it down with the Register And after the said Outlawry reversed the Defendant upon a new subpoena served on him and payment unto him of twenty shillings costs shall answer the same Bill as if such Outlawry had not been But if the Plaintiff conceive such plea of Outlawry thorough mispleading or otherwise to be insufficient he may upon notice given to the Clerk on the other side set it down with the Register to be debated with the rest of the Plea's and Demurrers in course But if the Plaintiff shall not in such Case enter it with the Register within eight dayes after the same shall be filed the Defendant may take out process against the Plaintiff for his Ordinary costs of five marks as if the same had been heard The Dependancy of a former suit for the same matter is also a good plea and therefore the Defendant shall not be put to set it down