AN ABATEMENT Of most of the Motions & Orders IN CHANCERY And other chargeable Courts;  
AND OF The greatest part of the Charges which may be in those hereafter:  
OR, Motions and Orders reduced from twenty to two, and most of those to the tenth part of the Charge, as formerly hath been.  
Written by W. Leach, for the same intent, and tendered to the consideration as his former are.  
LONDON, Printed by E. Cotes, in the Year 1652.   

AN Abatement of most of the Motions and Orders in Chancery, etc.  
FOrasmuch as in Ancient times when the master Clerks of the Chancery (being in those Ages very learned in the Laws of this Nation) did contrive all manner of special Writs then called master Writs very pithily, and well, seldom committing any error or mistake in any of them. And whereas also the ancient Sergeants at the Law in such times did contrive and draw all special plead in like manner, and then were all suits speedily, and with so little Charge or trouble ended, as the people of this Nation did find and perceive that they had full speedy, and equal Justice done unto them, and did sit down in quiet without multiplying suit upon suit, and turmoil themselves in trouble and discontent many years together, as hath been too often used by very many of late, since such master Clerks and Sergeants have been employed about other businesses (that is to say) such master Clerks about References, Reports and Accounts, bringing them in much greater benefit. And such Sergeants altogether, or for the most part taken up in moving and arguing at the bars of several Courts, and pleading at trials at the Common Law, and hearing in the Chancery, whereby few or none can procure them to contrive any such thing: And (as it is thought) few or none of such master Clerks can tell how to contrive, or draw any thing which before by such their predecessors were in those ancient times usually done; by occasion whereof Suitors in these latter times have been constrained to go to Clerks or Attorneys to have such things contrived or drawn, whereof some (who have set themselves forth highest) have been very ignorant, which many Suitors being but of weak or mean judgements or capacities could not apprehend; whereby very many mistakes and errors have been committed and omitted in such things which have caused many Suits and Causes upon Writs and Bills at Trials to be lost, and no further proceed thereupon to be, but the plaintiss therein forced and compelled to pay costs to the defendants in such Suits, and divers Verdicts to be quashed and overthrown upon matter moved or showed in Arrest of Judgement; and also sundry Verdicts to be reversed and annulled by Writs of Error all three of them many times the one after another, after the suitors in such actions and suits have been at very great charge, trouble and labour, and great losses in the hindrance of them in their Callings and Professions, and thereby many have spent very much, some as much as the very demand in question, before they have, or could obtain their just debts and demands; and others have been so impoverished by the means aforesaid, that they have not been of ability further to prosecute such suits for their Rights, but have given over, and lost the same, and many inconveniences and mischiefs, and such charge and trouble, and loss, have happened in overthrowing, quashing, and delaying of divers Decrees, Sentences, and Final orders in many Courts.  
And whereas of late time, most persons in possession of Messages, Lands and Tenements, and wrongfully holding out others, have had the same by lease, or so claimed, and some of them held over their term in the same; and many of those also (who have had the immediate right of possession of such Lands and Tenements) have had the right to the same by leases, whereby most Suits in such case have been brought, by actions of Ejectments, framed upon Leases which could not be tried by writs of Assize, which hath been the most speedy remedy in this behalf, and Judgements given at the same Assizes, when and where the Verdicts have been found; and many times one of the parties to such Actions of Ejectment have departed this life between the day of the Trial, and the day in the Bench, than next following, whereby all the proceed before mentioned have fell to the ground, and the parties, their Executors or Administrators to begin anew, and by the same occasion, Writs of Assize be grown so obsolete, that few know how to proceed, as they should do in the same, and thereby most causes (which might have been prosecuted by Writs of Assize) have been begun and ended upon, and by such Actions of Ejectment which have occasioned divers of such inconveniencies and mischiefs as before are expressed. And whereas also in these latter times more ●ight hath appeared in all manner of learning to the several sons of the people of this Nation, then hath in ancient times (ten being learned in these times to one in those; most ordinary people then depending wholly upon the Priest in most ordinary matters) and it is hoped the people here, will more and more increase in learning and judgement. And therefore it is expected, and desired by most, that all manner of proceed in Law should be amended, and not run into worse and worse order, as they have done of latter years.  
And forasmuch as great, and most pitiful lamentations have been made to divers persons, in many places by multitudes of people (who have been turmoiled in Suits in the Court of Chancery, and other Courts, that many of them have been, and usually are put to divers unnecessary and excessive charges, by Registers and Enterers, and writers of Orders, and rules their Deputies, Clerks and Agents in such Courts; and that divers unnecessary Orders have been made in such Courts by such Registers, and others with them before mentioned, and drawn out much longer than hath been, or is necessary, and contrary to the note, or notes by them taken upon hearing, and debating of the matter touching the same, for their own only lucre, troublesome and burdensome to such Courts and Council there, and hurtful to the parties in, and to such Suits; and that there hath been such multitudes of Orders in those Suits, that very many (who have prosecuted and defended the same Suits) have given long, and much attendance, before they have procured, or could procure any Entries or Copies thereof to be made, by reason (as divers such lamentations have been) of money or rewards given, or promised to such Registers, Writers or Enterers, their Deputies, Clerks; Servants or Agents to draw up such Orders, or rules stricter, or to some other sense then such Courts did truly direct and order; under colour whereof very many have complained that many honest and just Causes have miscarried, and that in the same much charge, perplexity, trouble, travel and vexation have been to resort to the Counsel in such Suits, and afterwards to repair unto, or attend with Counsel, the Chancellor, Judge or Judges (who made, or pronounced the same Rules or Orders) to have the same drawn and entered according to the true sense thereof.  
And whereas it hath been much complained of, that many others (who have not undergone such perplexity, trouble, toil, and vexation, before they have procured, or could procure such Orders or Rules to be drawn up according to the true sense of the Chancellor, Court, Judge or Judges, who made or pronounced the same) have been at great charges in giving large rewards to Registers and enterers of Orders and Rules, their Depuries or Clerks (who have agited therein:) And also whereas the like complaints and lamentations have been, that such Courts have been so full of business, that many Suitors could have no proceed there without great trouble and charge; and that divers before they have had, or could have any end of their business or suits there, have spent as much, or more than that which they have sued for there, hath been in value; besides, their trouble, perplexity and vexation of mind for many years together; and divers others by such occasions have been quite, and others almost distracted, and many utterly undone; and that many others have given over, and left off good Causes for lost, and proceeded no further in the same, by reason of the extreme charge and trouble, which they have not been able to undergo after they have been brought into, and entangled in such Courts, some against their wills. And whereas a great part of those troubles and charges have been occasioned by reason of the keeping secret and hidden all precedents in most Courts (unless it be in the Courts formerly of the King's Bench; and Common Pleas, and now of the Upper Bench, and Common Bench, and Public Exchequer at Westminster) in such manner, that some Suitors upon urgent occasions have often been constrained to give to Registers, their Clerks or Agents in the Court of Chancery, and such like Courts sometimes five pounds, other times ten pounds, and other great sums of Money for choice precedents upon such occasions, or otherwise have been constrained to go to, and retain most Counsel belonging to such Courts, and give them extraordinary large Fees for the same purpose.  
It is proposed to be desired that it may  
Be Enacced, That no matter in arrest or stay of any Judgement, Decree, Sentence, or Final order shall be moved, insisted upon, or given in exception, or assigned for Error against, in, or concerning any Plaint, Bill, Declaration, Information, Libel or Complaint, Presentment or Indictment, Plea, Allegation, Replication, rejoinder, Surrejoinder, Rebutter or Surrebutter, unless such matter be, or shall be first showed and delivered in wring to the party or parties, his, her, or their Attorney in the Cause, wherein such matter be, or shall be intended to be moved in arrest or stay of Judgement, or any thing therewith before mentioned, or assigned for Error, in which the matter of Error, or mistake is, or shall be, (that is to say) what may, or should be added to, or detracted from, or supplied by further instructions in any such Bill, or other proceed therewith before mentioned, or continuance or return of Writs, or process thereof, or entering up of Judgement, or any other thing therewith before mentioned, thereupon as certain as if the same matter or mistake were, shall, or should be amended, such Bill, Plaint, Declaration or proceed before mentioned were, or shall be good and sufficient in the Law: So that a true Copy, or true Copies of every of the same writings wherein such matter or mistake is, or shall be delivered to, or left for such party or parties, his, her, or their Attorney in such Cause at his, her, or their dwelling house or houses, or most usual place or places of abode by the space of two days next after issue, or demurrer be, or shall be joined, or judgement acknowledged, suffered or permitted, or within fix days next before such Decree, Sentence, or Final order be, or shall be given, or to be given, decreed, or sentenced in, or concerning the same Cause, Action, or Suit, in which such process or proceed be, or shall be.  
And that within three days after the delivery of such Copy or Copies, the party or parties against whom such matter be, or shall be intended so to be moved or assigned for Error (paying unto the other party, his, her, or their Council, Clerk, or Attorney in the same Suit or Cause, who do, or shall find such Error or mistake, and deliver such Copy or Copies in writing of the same, three shillings for the first, and one shilling for every of the residue of those Errors or mistakes, may amend the same: And that that party and parties by, or for whom such Copy or Copies be, or shall be so delivered within four days next after he, she, or they shall have notice of the amendment, according to such writing or writings, which be, or shall be so delivered shall again Answer, Plead, Demur, put in Allegation, Reply, Rejoin, Surrejoyn, Rebut, or Surrebut, as the Declaration, Bill, Plaint, or other things therewith before mentioned, do or shall require, unless such new matter do, or shall arise, and appear upon such amendment, that the Attorney of such party or parties neither can, nor according to the course of Law ought to Answer, Plead, or to do any other thing as before therewith is mentioned without further instructions, and then within eight days only for every forty mile's distance of the habitation, or abode of the party or parties, so again to answer, (when he shall be first summoned, attached, arrested, or warned to appear, or answer, reply, or to do any other thing before therewith mentioned, to any-Bill, Replication, or any other thing before therewith mentioned) from the place or Court where such prosecution be, or shall be. And that every one making default in any of the premises shall, or may be taken, or proceeded against for saying nothing, as for not answering, pleading, replying, or not performing any other thing therewith before mentioned, as hath been used in other cases wherein defaults have been suffered.  
And that any who do, or shall find such error or errors, mistake or mistakes, shall have such money so to be paid, to and for his and their own benefit and advantage: And that he or they so committing, omitting, or suffering the same, shall pay the same money so for amendment to be paid out of his, or their own moneys respectively, according to the number of error or errors, mistake or mistakes, as each of them do, or shall so omit, commit, or suffer.  
And that after a Verdict, or Nonsuit in any Action, Cause, or Suit, wherein such amendment be, or shall be, and Witnesses Examined, Recorded and Certified, according to the Propositions formerly published in that behalf, Judgement may, and shall be given according to such Verdict, or Nonsuit the next day in bank after such Verdict or Nonsuit, as of the day of giving such Verdict, or suffering such Non-suite, notwithstanding the intervening of the death of any of the parties in, or to such Action, Cause, or Suit.  
And that no motion or petition shall be made, moved, or presented in, or to any Chancellor, Court, Judge or Judges in, or concerning any Suit, or Cause there depending, but that first the matter to be moved, or mentioned in such Petition, shall be put into writing, and a copy or note thereof delivered to the party complainant, Plaintiff or Demandant, Defendant or Tenant, against, or concerning whom such motion or Petition be, or shall be made, moved, preferred or delivered, or to his, or her Clerk, Attorney, or Solicitor is such Cause or Suit, or left at his, her, or their, or one of their dwelling house or houses, or place or places of abode under the hand of a Council learned in the Law.  
And also that within two days, or some other conv●●ient time, next after the delivery of such note or writing as aforesaid, for a Party, Complaint, Plaintiff or Demandant, Defendant, Defendants, or Tenant, his, or her Clerk, Attorney, or Solicitor in such Action, Cause, or Suit (to whom such note or writing be, or shall be so delivered) shall give, or deliver to, or leave as aforesaid, for the other party Complaint, Plaintiff or Demandant, or Defendant or Tenant (to whom, for whom, or on whose behalf such note or writing be, or shall be so given, delivered or left) or to his, or her Clerk, Attorney, or Solicitor an answer in writing to such first note or writing, or leave the same in writing at his, their, or one of their dwelling house or houses, or usually place or places of abode, and that each party may reply, and the other rejoin, etc. the one party of them after the other party of them, in, or by some short convenient time in writing to be delivered, or left as aforesaid till the doubt of the matter be, or shall be agreed upon, and put to the question, or stated, as or in the nature of a case.  
And that if either such party Complainant, Plaintiff or Demandant, Defendant or Tenant, do not consent the one part of them to the demand or request of the other of them, that then each party of them, who doth, or shall so petition, or have, (showing or expressing to the other of them, some reason in such writing, or note respectively; for what cause, or reason by, or according to the former precedents or orders it hath been, and was requisite and necessary that such the request of him, or her, who do, or shall so petition, or move, ought, or should be granted) that then, and not before, either of such parties may petition to such Chancellor, Judge or Judges; or to, or in such Court for his, or her demand, in such his, or her writing or note to be granted, and show forth such notes or writings on either side to be read, veiwed, and considered in such Courts.  
And further, that if the demand or request of such motion or petition, shall be granted or ordered against such party Complainant, Plaintiff or Demandant, or Defendant or Tenant, against whom such petition, motion, or demand is, or shall be made, (notwithstanding any thing to the contrary thereof to be alleged, or expressed in his, or her writing so to be delivered, or left) that then he or she for not consenting to such petition, motion, or demand, or for putting into such note or writing, any vain or frivolous matter not material against such request or demand shall be compelled to pay to the other of them the ordinary Costs, Charges, and expenses of the other of the said parties which he or she, or they shall lay out, or expend, and shall make Affidavit before some Judge of the Court, where the same Action, Cause or Suit be, or shall be depending, if such motion or petition be not, nor shall be granted upon some matter, for which there neither was, nor shall be any former Order, or leading Precedent in such case.  
And that such party (against whom such Petition or Demand be, or shall be granted, or ordered as aforesaid, or shall consent to the demand of such petition or motion of either of such party's Complainant, Plaintiff or Demandant, or Defendant or Tenant) be compelled to perform the same Petition, Order, Demand or Request which shall be so granted, ordered, or consented unto without further charge or trouble, under pain and penalty, that for not performing the same, be, she, or they refusing, or failing in performance of the same shall forfeit, lose, and pay to every person to be grieved or damnified thereby four times the value of such value to be recovered, as is mentioned in other Proposals▪  
And further to prevent excessive charges and troubles occasioned by Registers and Drawers, Enterers, and Writers of Orders and Rules, and their Clerks, Deputies and Agents, that such Registers, Drawers, ●●terers, Clerks, Deputies and Agents shall, in, and to such note or writing, writ what such Chancellor, Court, Judge or Judges do or shall order, or adjudge of, and concerning the same, and no more without rehearsing, or reciting any of the matters or contents of any such notes or writings, and after that any of such parties, or any, or either of them (within convenient time) shall set, or cause to be set down in writing, under his, or her Counsels hand, and deliver to such Register, or any of the parties before with him mentioned respectively, exceptions against any part of the writing down of such Order, and not otherwise such Register, or such with him before mentioned shall attend such Chancellor, Court, Judge or Judges who shall make such Order or Orders, and to alter or amend the same, according as such Chancellor, Court, Judge or Judges do, or shall sign, or write to the same, and after to enter so much only in a book as such Register or Registers, Enterer or Enterers of Orders, his, or their Deputy, Clerk or Agent shall write, and such Chancellor, Court, Judge or Judges so sign (if any need of such signing be) in, or to such writing or writings, with the parties names, and the day when such Motion or Petition was granted, and to keep safe in an alphabetical manner, such notes or writings, together with the subscription or writing one such note or writing of such Register, or any of such persons before with him mentioned, signed by such Chancellor, Judge or Judges, for further satisfaction of such Court, or either, or any the parties, Suitors there, and concerned therein, if need should require: and that Registers, and such others before with them mentioned, may only, take a competent gain for drawing, and copying of Orders and Rules (according to rates usually taken by Clerks for drawing, entering, and copying, wherein they have taken as much, or more pains than they in drawing, entering, or copying of such Orders or Rules) upon, and under pain and penalty that every such Register, or other party before with him mentioned, transgressing in the premises, or taking more than before mentioned, shall forfeit, lose, and pay to every party grieved or damnified, or to be grieved or damnified in the premises for every offence and default concerning the premises, forty pounds of lawful English money to be recovered, as before is mentioned.  
And that for the ease and quiet of all Courts and people that all Registers, and such other persons before with them mentioned (who have, or can come by any choice Precedents or Orders of divers natures made in several Causes of sundry natures upon solid, and mature deliberation) be desired, or required that every one of them may, and will produce, and bring in as many of them in particular, as he in particular do, or shall know where to find, or come by to be entered together, and that a method may be kept for the ready, and easy finding of the same to be viewed by any: or that the same may be collected together, and published in such a method in print, for the purpose aforesaid, that people may not remain hood-wincked and blinded of the proceed and Causes of making Decrees and Orders in the Courts of Chancery, and such like Courts as they have been, but that they may be informed and advised in, and of the same, as well as they have been in other Courts: And that such Orders or Rules (as hereafter shall be made upon solid, and mature deliberation as aforesaid) may be brought into such Courts, and so entered, or published as aforesaid.  
And that if any of such Registers, or any other before with them mentioned, do, or shall draw up any Order or Rule contrary to the notes taken by any of them in any Court upon the matter moved, or argued, or to be moved or argued, whereupon such Order or Rule shall be made, and the same be also contrary to that which shall be pronounced in such Court, and such Chancellor, Judge and Judges (who pronounced the same) or the major part of them neither do, nor shall justify and maintain that which such Register or other party before with him mentioned shall so draw (though it be contrary to such note or notes, taken, or to be taken) that then every such Register and party before with him mentioned, shall for every time he do, or shall so draw, contrary to such note or notes, forfeit, and lose, and pay to every party to be grieved or damnified thereby a 100 marks of lawful English money to be recovered as aforesaid.  
Whereas divers stubborn, perverse, froward, and unconscionable people, after they have been served with Writs under pains, or Warrants to appear in the Chancery, and other Courts; and there to answer to Bills exhibited against them, have stood out Attachments, Proclamations, and Commissions of Rebellion, and processes to Sergeants at Arms for many years, before they have appeared, or would appear; whereby many honest people of this Nation have been defrauded of vast sums of money by chargeable Motions and Orders, and otherwise.  
It is proposed to be desired, that for remedy thereof, it may  
Be Enacted, That if any person or persons hereafter, being served with a Writ or Warrant, commanding him or her to appear in any such Court, and shall not appear, but stand out an Attachment, or other process, then when he or she shall be Arrested or Attached thereupon, he or she shall be kept in prison, or safe custody, until sufficient Sureties be, or shall be put in, to and for the use of the Complainant in such Suit, not only for his or her appearance there, but that he or she shall perform the Order of such Court to be made upon the hearing of the Cause in such Court.  
And that if such person or persons so served, or warned to appear; and shall not appear within two months' next after such warning, or service; and the same be proved by the Oath or Affidavit of two honest Witnesses, and of good ability in Estate, then may such Court put the Complainant or Complainants in such Suit to make proof of so much as he, she, or they can, and after to proceed thereupon to hearing, as if such defendant had confessed the residue thereof; and to pronounce a decretal Order, and award Execution thereupon: if the Complainant or Complainants in such Suit do, and shall find, and put into such Court, good, able, and sufficient Sureties to make, restitution of that which such Defendant do, or shall lose, or have taken from him, or her, by virtue of such Execution; if after his or her appearance, and answer sufficient, and examination of Witnesses in such Court, it shall be there so considered of, pronounced, or adjudged.  
THE END.