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.

Orders to be observed before the gran∣ting of Publication of the said Commis∣sion.

THe party who prayeth Publication, shall first by himselfe, or some o∣ther, make Oath that the Depositions of the same witnesses, are necessarily to be given in evidence on his behalfe.

Item, Oath also must be made, that the same Witnesses be either dead, or so a∣ged, or impotent as they cannot travell to testifie (viva voce) without danger of life.

Item This Oath being so taken, a Ma∣ster of the Chancery must first open the Commission, and consider whether this Order before mentioned hath been ob∣served

in all points: wherein hee being satisfied, Publication is thereupon to be granted.

Provided alwayes, that no Depositions shall be given in evidence, but against those persons that were warned by pre∣cept (as aforesaid) or against their Heirs or Assignes.

And provided also, That after exami∣nation had, and taken (as a oresaid,) and after Publication had, and granted of the same examinations: The party Adver∣sant, or Defendant, shall not be admit∣ted to have any new examination on his behalfe, concerning the same matter.

Item, This Order is to be observed in case where the commission is ex parie querentis only, and it is to be engrossed in Parchment, and subscribed with the hand of the Register, and to be annexed to every of the said commissions, but not otherwise.

Fur if the Defendant joyne, then these articles shall not need.