Ordines cancellariæ, being orders of the High Court of Chancery, from the first year of King Charles I, to this present Hillary term, 1697 ... to which is added the Rules and orders of the Court of Exchequer.

Martis 12 die Junij, 1694.

Touching Serjeant at Arms.

Ordo Curiae. Revived. . . .

VVHereas Complaint was made to the late Lord Chancellor Finch by the Serjeant at Arms attend∣ing the Great Seal,* 1.1 That after Con∣tempts were prosecuted to a Serjeant at Arms, and a Commitment pronoun∣ced, the Prosecutor would draw up the Order, and never take out the Warrant thereon, but make use there∣of to force the Party prosecuted into ome Composition, sometimes for the whole matter in question; but usually for discharge of the Contempts, where∣by the Serjeants Employment was ren∣dred in great part ineffectual: For the prevention whereof his Lordship did thereupon order, That after an Order for a Serjeant at Arms should be granted by the Court, the Register should, on request, draw up the said Order, and deliver the same to the Serjeant at Arms, or his Deputy, and to no other person, they paying for

the same, by which means he should, or might endeavour to apprehend the Party prosecuted, and bring him into the Court to answer the Contempts if he could; but if he could not, his Lordship did further order, That no Order for a Serjeant at Arms drawn up, and past by the Register, should be discharged, and the Contempt thereon, without the Serjeants Fees be paid to him, and a Certificate made under his Hand, testifying the same; and after the said Order being so drawn up, and past as aforesaid, no private or other agreement should be made between the Party and Parties, and the Person and Persons so standing in Contempt as aforesaid, or any other person, on their, or any of their be∣halfs, without such satisfaction should be made, and a Certificate should ap∣pear of the same to the Court. Now upon information made to the Right Honourable the Lord Keeper of the Great Seal of England by the Serje∣ant at Arms, that the said Order had not been duly observed, to his great loss and prejudice; his Lordship doth order, That the said Order be revi∣ved; and doth further Order, That when any Motion shall be made for

a Serjeant at Arms,* 1.2 the Counsel mo∣ving for the same, shall immediately in Court deliver unto the Register the the Commission of Rebellion, and tell who is Clerk in Court, that the Ser∣jeant at Arms may have an account of him, where the Contemner lives; and that the Order be drawn up by the Register, and delivered to the Serjeant at Arms or his Deputy, and to no other person whatsoever, they paying for the same, to take out a Warrant thereon, whereby the Party or Parties so in Contempt may be ta∣ken into Custody, and be brought into this Court to Answer the same: And that this Order be hung up in the Registers and Six Clerks Office of this Court, that all persons may take notice thereof, and yield obedience to the same accordingly.

Notes

• * 1.1

  Vide supra 4 Nov. 74. 13 Julij 85.
• * 1.2

  The Counsel moving for a Serjeant at Arms, shall im∣mediately in Court deliver to the Register the Commissi∣on of Rebelli∣on, and tell who is Clerk in Court.