PART IV. CLASS XXV. 18 Edward III. ‹ stat. 5. Clerks of course. Courts of Equity. (1) [No. I.] 18 Edward III. st. 5.-The Oaths of the Clerks of the Chancery, and of the Clerks of Course. YE E shall swear, that well and lawfully ye shall serve our Lord 6 the King and his people in the office of clerk of the Chancery, to which ye be attitled; and ye shall not assent nor procure the King's disherison nor perpetual damage to your power; nor ye shall do, nor procure to be done, any fraud to any man's wrong, nor thing that toucheth the keeping of the seal. And ye shall lawfully give counsel in the thing that toucheth the King, when ye shall be thereto required; and the counsel which you know touching him, ye shall conceal. And if you know the King's disherison, or perpetual damage or fraud to be done upon the things which touch the keeping of the seal, ye shall put 'your lawful power to repress and amend it; and if ye cannot do it, then ye shall certify the Chancellor or other, which may do the same, to be amended to your intent. And for the clerks of course shall be added: And ye shall not bring, nor to your knowledge suffer to be brought, any writs which ye make out of the court not sealed, thereof to do execution, nor shall record any attorney by writs, nor without writs, without especial licence, if ye have not lawfully examined the party and the attorney in proper person, or at the least him that shall make attorney in proper person. Nor ye shall deliver any writ which shall be of commandment to the examiners, nor to the seal, before that the same writ be sent to you by the commander, which thereof hath power, unless it be to the Chancellor, or to one of the masters, which commandeth you to make the writs. And all the writs which ye shall make, ye shall deliver to the examiners by your own hand, or by one companion which is sworn to the King, if ye yourself be out of the court because of sickness, or other cause necessary, so that ye cannot do it. And no writ written of another man's hand shall be delivered to the examiners under your name, as yours, nor no name shall be put under your writs, but your own, as God you help, and all ⚫ saints.' [No. II. ] 17 Richard II. c. 6.-Upon an untrue Suggestion in the Chancery, Damages may be awarded. 17 Richard II. " c. 6. TEM, Forasmuch as people be compelled to come before the King's counsel, or in the Chaucery by writs grounded upon untrue sug"gestions;" that the Chancellor for the time being, presently after that such suggestions be duly found and proved untrue, shall have power to ordain and award damages according to his discretion, to him which is so troubled unduly, as afore is said.' [No. III. ] 15 Henry VI. c. 4.-None shall sue a Subpoena until he find Surety to satisfy the Defendant his Damages, if he do not verify his Bill. (1) For Acts respecting Conveyances by Infants, Lunatics, &c., see Part II. Class VI. 44 No. III. 15 Hen. VI. c. 4. TEM, For that divers persons have before this time been greatly vexed and grieved by writs of subpoena purchased for matters de"terminable by the common law of this land, to the great damage of "such persons so vexed, in subversion and impediment of the common "law aforesaid;"' our Lord the King doth command, That the statutes 'thereof made shall be duly observed according to the form and effect This chapter is ' of the same, and that no writ of subpæna be granted from henceforth not upon the ' until surety be found to satisfy the party so grieved and vexed for his damages and expenses, if so be that the matter cannot be made good, which is contained in the bill,' [No. IV. ] 5 Elizabeth, c. 18.-An Act declaring the roll. 5 Elizabeth c. 18. II. For declaration whereof and in avoiding such question hereafter, The authority be it enacted and declared by the Queen our sovereign Lady, the Lords of the Lord Spiritual and Temporal, and the Commons, in this present Parliament Keeper of the assembled, and by the authority of the same, That the common law of great seal, and this realm is, and always was, and ought to be taken, that the Keeper of the Lord Chanthe great seal of England for the time being hath always had, used and cellor is all executed, and of right ought to have, use and execute, and from hence- one. forth may have, perceive, take, use and execute, as of right belonging to the office of the Keeper of the great seal of England for the time being, the same and like place, anthority, pre-eminence, jurisdiction, execution of laws, and all other customs, commodities and advantages, as the Lord Chancellor of England for the time being lawfully used, had and ought to have, use and execute, as of right belonging to the office of the Lord Chancellor of England for the time being, to all intents, constructions and purposes, and as if the same keeper of the great seal for the time being were Lord Chancellor of England. [ No. V. ] 43 Elizabeth, c. 4.-An Act to redress the [ No. VI.] 1 William and Mary, st. 1. c. 21.-An Act for enabling Lords Commissioners for the Great Seal to execute the Office of Lord Chancellor or Lord Keeper. WH WHEREAS their most excellent Majesties King William and Queen Mary, have thought fit that the office of the Lord Chancellor or Lord Keeper of the great seal of England, should be executed by com'missioners appointed for the same under the great seal of England : And whereas several authorities, jurisdictions, and powers, are by seve 'ral Acts of Parliament, and otherwise, vested, settled, and placed in the 'Lord Chancellor of England, or Lord Keeper of the great seal of Eng land for the time being:' Now for the preventing of all doubts and questions that may arise, whether all or any of those authorities, jurisdictions, and powers may be exercised by such commissioners : 1Wm. & Mary, st. 1. c. 21. II. Be it enacted and declared, and it is hereby enacted and declared by the King's and Queen's most excellent Majesties, and by and with the advice and consent of the Lords Spiritual and Teinporal, and Commons, in this present Parliament assembled, and by authority of the same, That such commissioners for the time being may use and exercise at all times according to their commissions, as of right belonging to the Lords Commissioners of the great seal of England for the time being, all and every the same and like offices, authority, jurisdiction, and execution of laws, and all other customs, privileges, emoluments, and advantages, which the Lord Chancellor of England, or Lord Keeper of the great seal of England for the time being, of right ought to have, use, or execute, as belonging to their or either of their said offices, or otherwise howsoever, to all intents and purposes, as if the said Lords Commissioners for the time being were Lord Chancellor, or Lord Keeper of the great seal of England, and shall have, and take place next after the peers of this realm, and speaker of the House of Commons, unless any of them shall happen to be a peer, and then to take place according to his peerage. III. Provided always, and be it enacted by the authority aforesaid, That any one commissioner (in the absence of the others) may hear motions, and give orders and directions touching the interlocutory proceedings in any cause, so as such one commissioner in the absence of the others shall not make any decrees, or put the great seal to any thing whatsoever, whereunto the whole broad seal-ought to be affixt, unless there be two commissioners present. IV. And be it further enacted by the authority aforesaid, That the nominating and appointing of the custos rotulorum, throughout all the shires and counties of this realm, is and shall be as is directed by a statute made in the thirty-seventh year of Henry the Eighth, intituled, "A bill for custos rotulorum, and the clerkship of the peace;" any law, usage, or statute to the contrary in any wise notwithstanding. V. And be it further enacted by the authority aforesaid, That the custos rotulorum, or other person, to whom of right it doth or shall belong to nominate or appoint the clerk of the peace for any county, riding, division, or other place, shall from time to time, where the office of the clerk of the peace now is, or hereafter shall be void, nominate and appoint one able and sufficient person residing in the said county, riding, division, or other place, for which he is so appointed or to be appointed clerk of the peace, to execute the same by himself or his sufficient deputy, and to take and receive the fees, profits, and perquisites thereof, for so long time only as such clerk of the peace shall well demean himself in his said office. VI. And be it enacted by the authority aforesaid, That if any clerk of the peace already nominated or to be nominated, as aforesaid, shall misdemean himself in the execution of the said office, and thereupon a complaint and charge in writing of such misdemeanor shall be exhibited against him to the justices of the peace in their general quarter-sessions, it shall be lawful for the said justices, or the major part of them, from time to time, upon examination and due proof thereof, openly in their said general quarter-sessions, to suspend or discharge him from the said office; and that in such case the custos rotulorum, or other person, to whom it shall of right belong to nominate and appoint the clerk of the peace for such county, riding, division, or place, shall nominate and appoint one other able and sufficient person residing in the said county, riding, division, or place, as aforesaid, to be clerk of the peace in the place of such person so amoved, as aforesaid; and in case of refusal or neglect to make such nomination and appointment, before the next general quarter-sessions to be holden after the said refusal, that it shall and may be lawful for the said justices of the peace, at their general quarter-sessions for the said county, riding, division, or place, or the major part of them, to nominate and appoint one able and sufficient person residing in the said county, riding, division, or place, to be clerk of the peace in the place of such person so amoved, as aforesaid, to have, hold, and enjoy, the said office of clerk of the peace, and to execute the same by himself, or his sufficient deputy, and to receive the fees, profits, and perquisites thereof. No. VI. 1 W. & M. st. 1. c. 21. New clerk of the peace liable topenalties, &c. Custos rotulorum, &c. shall take no fee. VII. Provided always, and be it enacted by the authority aforesaid, That he shall be liable and subject to all the penalties, forfeitures, conditions, limitations, and provisions herein and hereby mentioned and expressed, and may be amoved or discharged by the said justices, or the major part of them, in such manner and way as is above specified. VIII. And be it further enacted by the authority aforesaid, That it shall not be lawful for any custos rotuloram, or other person, to whom of right it doth or shall belong to nominate, elect, or appoint, any clerk of the peace, to sell the said place of clerk of the peace, or to take any bond or other assurance to receive or have any reward, money, fee, or profit, directly or indirectly, to him or any other person, for such nominating, electing, or appointing, but that every such custos rotulorum, or other person that shall so sell the clerkship of the peace, and every clerk of the peace, who shall so buy his place, are hereby disabled to hold their places of custos rotulorum, or clerkship of the peace, and shall Penalty upon also each of them respectively forfeit double the sum or value of other buyer and selthing that shall be so given or taken, to be recovered by him or them to their own use that shall sue for the same, to be prosecuted by any action of debt, suit, bill, plaint, or information, in any of their Majesties' Courts at Westminster, wherein no essoin, protection, or wager of law shall lie. IX. And be it further enacted by the authority aforesaid, That every clerk of the peace, before he enter upon the execution of his said office, shall in open sessions take the oath following, viz. IA. B. do swear, That I have not, nor will pay any sum or sums of money, or other reward whatsoever, nor given any bond or other assurance to pay any money, fee, or profit directly or indirectly to any person or persons whomsoever, for such nomination or appoint 'ment. 'So help me God.' ler. Clerk of the peace to take the following oath. X. Provided always, That nothing in this Act contained shall any Not to extend ways affect or relate to the clerk of the peace for the duchy and county Lancaster. palatine of Lancaster only; which said clerk of the peace holds his said office for lives, by grants from his late Majesty King Charles the Second, as his predecessors in the said place have done, from former Kings and Queens of this realm, in right of their duchy and county palatine aforesaid. This Act to commence from the first day of May, One thousand six hundred eighty-nine. [No. VII. ] 4 and 5 William and Mary, c. 16.-An Act to prevent Frauds by clandestine Mortgages. XXII. [Inserted Part II. Class I. No. 18.] | No. VIII. ] 4 Anne, c. 16.-An Act for the Amendment of the Law, and the better Advancement of Justice. AND be it further enacted by the authority aforesaid, That no subpoena, or any other process for appearance, do issue out of any court of equity, till after the bill is filed with the proper officer in the respective courts of equity, except in cases of bills for injunctions to stay wastes, or stay suits at law commenced, and a certificate thereof brought to the subpoena office, or to him who usually makes out subpoenas or other process in the several courts of equity, under the hand of the six clerk, or other clerk or officer who usually files bills in equity, for which certificate he shall receive no fee. XXIII. And for the better preventing vexatious suits in courts of On dismissing equity; be it further enacted, That upon the plaintiff's dismissing his bills in equity, |