The transactions of the High Court of Chancery, both by practice and president,: with the fees thereunto belonging, and all speciall orders in extraordinary cases, which are to be found in the registers office as they are quoated by tearmes yeares & bookes. Collected by that famous lawyer William Tothill Esq; late one of the 6 clearks. And since reveiwed [sic] by Sir Ro: Holborne, bencher of Lincolns-Inne.

Decrees.

THe Decrees or dismissions made or granted in the Rolles, and those that are made in Court at Westminster on Wednesdayes or Fridays, when the Lord Keeper is not present (being drawn up) are first to bee signed by the Master of the Rols, or the Judge that sat at the hea∣ring of the cause, and then presented to the Lord Keeper to be likewise signed; which being done, then the same are to he enrolled.

NO Decrees shall be reversed altered or explained, being once enrolled, but upon Bill of Review; and no Bill of Review shall be admitted, except it be upon errour in Law, appearing in the body of the Decree, without farther ex∣amination of matters in fact or he shall shew some new matter which hath ri∣sen in time after the Decree, and not any new proof, which might have been used when the Decree was made.

Neverthelesse, upon new proof which is come to light since, and after the De∣cree made, and could not possibly have

been used at the time when the Decree passed, a Bill of Review may be granted by the speciall License of the Court, and not otherwise.

Also upon a Bill of Review the party Complaynant is to put in security be∣fore one of the Masters of the Court, to stand to and performe the order of the Court, upon the hearing upon such Bill of Review,

In case of mis-casting, being a matter Demonstrative, a Decree may be ex∣plained, and reconciled by an Order without Bill of Review.

Where note, that by the word Mis∣casting, is not intended any pretended Mis-casting, or mis-valuing, but only er∣rour in the Auditing, or numbring.

No Bill of Review shall be admitted, or any other new Bill to change matter decreed, except the Decree first obtai∣ned, be performed: And if it be for Land, that the possession be yeelded: If it be for money, that the money be paid: If it be for evidence, that the evidence be brought in; and so in other cases which stand upon the strength of the Decree alone.

But if any Act be desired to be done,

which extinguisheth the parties righ at the Common Law (as making of As∣surance and Release, Acknowledging of Satisfaction, Cancelling of Records or Evidence, and the like) Those parts of the Decree are to be spared, untill the Bill of Review be determined: But such sparing is to be warranted by publicke Order made in Court.

No Decree shall be made upon pre∣tence of equity, against the expresse pro∣vision of an Act of Parliament.

Neverthelesse, if the construction of such Act of Parliament, hath for a time gone one way in generall opinion and reputation; and after by a latter judge∣ment hath bin controlled: Then Reliefe may be given upon matter of equity for cases arising before the said Judgement: because the Subject was in no default.

Imprisonment for breach of a Decree is in nature of an Execution, and there∣fore the custody ought to be straight, and the party not to have any liberty to goe abroad, but by speciall license of the Lord Keeper or Lord Chancellour being: But no close imprisonment is to be but by expresse order for wilfull and extra∣ordinary Contempts and disobedience (as hath been used.)

In case of obstinate disobedience, in the breach of a Decree an Injunction is to be granted Sub-poena of a summe: and upon Affidavit, or other sufficient proofe of persisting in contempt, Fines are to be pronounced by the Lord Kee∣per, or Lord Chancellor in open Court, and the same are to be estrated downe into the Hannaper by speciall or∣der.

In case of a Decree made for the pos∣session of Land, a Writ of Execution goeth forth, and if that be dissobeyed, then Processe of Contempt, according to the course of the Court, is to goe forth against the person unto the Commission of Rebellion; and then a Sergeant at Armes by speciall Warrant: and in case the Sergeant at Armes cannot find him, Or he be resisted, Or if he upon his commitment doe persist in his disobedi∣ence, an Injunction is to be granted for the Possession, and in case that it also be disobeyed, then a Commission is to be made to the Sheriffe, to put his adversa∣ry into possession.

Where the party is committed for breach of a Decree, he is not to be en∣larged, untill the Decree be fully perfor∣med

in all things which are to be done presently.

But if there be other parts of the De∣cree to be performed at dayes or times to come: Then he may be enlarged by order of the Court, entring into Recog∣nizance with Sureties for the perfor∣mance de futuro but not otherwise.

Where causes come to hearing in Court, no Decree bindeth any Person, who was not served with Processe ad au∣diendum judicium, according to the course of the Court.

No Decree bindeth any one that com∣meth in bona fide, by Conveyance from the Defendant before the Bill exhibited; and is made no party either by Bill or by Order.

But where her comes in Pendente lite, and while the Suit is in full prosecution, and without any colour of allowance, or privity of the Court: there regularly the Decree bindeth.

But if there were any intermission of suite, or the Court were made acquain∣ted with the Conveyance, the Court is to give order upon the speciall matter according to Justice.

Where a Decree made for a Rent to

be paid out of Land, or a summe of money to be levied upon the profits of Land; there a Sequestration of the same Land being in the Defendants hand, may be granted upon the Decree.

Where the Decree of the Provinciall counsells, or the Court of Requests or the like, are by contumacy or other meanes interrupted: there the Court of Chancery, upon a Bill preferred for corroboration of the Decrees of that jurisdiction shall give remedy.

Where any cause come to hearing here which hath been formerly decreed in a∣ny other of the Kings Courts of Iustice at Westminster; such Decree shall be first read and then this Court shal pro∣ceed to heare the rest of the eviden∣ces on both sides.

Decrees upon Suits brought after Iudgement, shall containe no words to make void or weaken the. Judgement: But shall only correct the corrupt con∣science of the party, and rule him to make Restitution, or to performe other acts, according to the equity of the cause.