A collection of such of the orders heretofore used in Chauncery, with such alterations & additions thereunto, as the Right Honorable the Lords Commissioners for the Great Seal of England, by and with the advice and assistance of the Honorable the Master of the Rolls, have thought fit at present (in order to a further reformation now under their Lordships consideration) to ordain and publish, for reforming of several abuses in the said court, preventing multiplicity of suits, motions, and unnecessary charge to the suitors, and for their more expeditious and certain course for relief.

Answers.

AN answer to a matter char∣ged as the Defendants own fact, must regularly be with∣out saying to his Remembrance, or as he Believeth, if it be laid to be done within seven years

before, unlesse the Court upon exception taken, shall finde special cause to dispence with so positive an Answer. And if the Defendant deny the Fact, he must traverse or deny it (as the cause requires) directly, and not by way of Negative preg∣nant. As, if he be charged with the receipt of a summe of Mo∣ney; he must deny, or traverse that he hath not received that summe, or any part thereof, or else set forth what part he hath received. And if a Fact be laid to be done with divers circum∣stanees, the Defendant must not deny or traverse it literal∣ly, as it is laid in the Bill, but must Answer the point of substance positively and cer∣tainly.

VVhen the Defendent hath answered, the Plaintiff is to be well advised upon the answer; and if he shall find that upon the answer alone without fur∣ther proofe, there be sufficient ground for a finall Order or Decree, the Plaintiff may pro∣cure his Attorney to present the same in course to be set down, to be heard upon Bill and Answer, without further lengthning of the cause; but in case the Court shall not find grounds to make a Decree or fi∣nall Order thereupon, the Bill shall be dismissed with costs, or the Plaintiff admitted to reply if he desire it, first paying down 5. l. costs to the Defendent or his Clark, which if he shall not do in foure daies after such hea∣ring, then the dismission to stand, and the conclusion of the

Order upon hearing, is to be pen∣ned by the Register according∣ly, that the said Bill stand dis∣missed without any further or∣der or direction, and then such dismission shall be a good plea in Barre of any new Bill for the same matter.

If a hearing be prayed upon a Bill and Answer, the answer must be admitted to be true in all points, and no other evi∣dence to be admitted, unlesse it be matter of record, to which the answer refers and is prove∣able by the record. The Plain∣tiff is therefore to be well advi∣sed therein, that the Court be not put to an unnecessary trou∣ble, and himselfe to a certaine charge, in bringing his cause to hearing, which will not beare a Decree.

VVhereas the Defendent hath put in an answer, if the Plaintiff hath proofs for the matters denied, he is not to in∣sist upon the insufficiency of the answer, if the same be good to a common intent, but pro∣ceed to replication and proofe, to avoid charge and expence of time in cavilling with answers.

If exceptions be put in to an Answer after the Terme, the Defendent shall not be compel∣led to stay in Towne, to attend the Plaintiffs exceptions, but shall have time to answer untill the fourth day of the next Terme, unlesse the Court shall find speciall cause to hasten it, and shall see Order in open Court.

When a Plaintiff excepteth

to a Defendents Answer, he shall set downe his exceptions in writing, and the same Terme the answer is filed, or within eight daies after that Terme, de∣liver the same exceptions to the Councell, whose hand is to the Answer, or to the Defendents Attorney in Court, and if the Defendent shall within the times before limited respective∣ly satisfie the Plaintiff of the invalidity of those exceptions, or put in a perfect or better Answer, and pay xx s. costs, then the Plaintiff may reply thereunto. But if the Defendent shall faile to do the same, or put in a second insufficient answer, then the Plaintiff may get the said answer, or answers refer∣red; and if the same shall be ruled insufficient, the Defendent shall pay forty shillings costs;

and in case the Plaintiff shall procure a reference of the an∣swer, and the same be ruled good, the Plaintiff shall pay the Defendent forty shillings costs.

If the first Answer be certifi∣ed insufficient, as aforesaid, the Defendent shall pay forty shil∣lings costs, if the Answer were put in person; but if the same came in by Commission, the Defendent shall pay fifty shil∣lings costs, and no new Com∣mission shall be awarded for taking any second Answer, un∣lesse it be by Order made in Court, and Affidavit made of the parties inabilitie to travell, or other good matter to satis∣fie the Court touching that de∣lay, and first paying the costs of such insufficient Answer, or by the Plaintiffs own assent for

the expediting of his Cause. If the second answer be reported insufficient unto any of the points formerly certified, (which are only to be insisted upon without any new excep∣tions) the Defendent shall pay three pounds costs; and upon the third answer foure pounds costs; and upon a fourth answer certified insufficient, he shall pay five pounds costs, and be examined upon Interrogatories to the points reported insuffici∣ent, and shall be committed till he hath perfectly answered those Interrogatories, and pay∣ed the costs, in respect of the great vexation and delay which in such case will happen to the Plaintiff.

If upon perusall of the an∣swer, the Plaintiff shall find it

will be necessary to make proof of one, or few particulars, then the Plaintiff is to reply to those particulars only, and not draw into pleadings and proofs any more, then the points necessary to be proved: And in case up∣on the hearing it shall appeare that the Plaintiff might have had as full relief on Bill and Answer, the Plaintiff shall not only go without costs, but shall pay the Defendent good costs, to be assessed by the Court, al∣beit he be relieved upon the merit of his cause, in respect of the Defendents needlesse vex∣ation.

If a Bill be regularly and justly dismist of course, or by order for want of prosecution, no motion shall be admitted for the retainer thereof without a

Certificate from the Defen∣dents Atturney in Court, that the costs of the dismission are paid, to the end unnecessary charge to the parties by severall motions for one and the same matter may henceforth be a∣voided.

Notes

• 10. Answer to matter of Fact.
• 11. Hearing on Bill & Answer with cau∣tion.
• 12. At hearing on Bill and Answer, what evi∣dence.
• 13. Plaintiff to reply, if the An∣swer good to a com∣mon in∣tent.
• 14. Time to answer ex∣ceptions.
• 15. Time for exceptions to be deli∣vered, and costs for insuffici∣ent an∣swers.
• 16. Further insuffici∣ent An∣swers, and the costs for them.
• 17. Proofs to be only of matters necessary.
• 18. Bill dis∣missed for want of prosecuti∣on, not to be retain∣ed till the costs paid.