OBSERVATIONS

UPON THE

EARLY DECREES

OF THE

COURT OF CHANCERY.

THE decrees of the Court of Chancery have varied in form at different periods. Much valuable information upon this subject may be derived from the " Calendar of the Proceedings in Chancery, in the reign of Queen Elizabeth," published in the year 1827. That work contains several decrees, a few of which it may be useful to mention.

In Reed and Wife v. the Prior of Launceston, p. 114, (Richard the Third's reign) there is a decree of dismission with costs, because the plaintiffs did not appear at the hearing, with a direction that one writ of attachment should issue. And in Broddesworth v. Coke, p. 67, and Slefeld v. Grafton, p. 97, (Edward the Fourth's reign) there are decrees of dismission.

In Stokker v. Colyns, p. 97, (Edward the Fourth's reign) there is another decree of dismission, the Chancellor being assisted cum justiciis et aliis de dcī Domini Regis consilio.

In another instance, p. 86, the decree is stated to be made per avisamentum justicii, servientum ad legem, attornati, et

alior. de consilio dei Domini Regis, in Cam. Sccrii, vocat. "Le Chekker Chambre," &c.

In Giglis v. Welby, p. 122, (Henry the Seventh's reign) and in Mayhewe v. Gardener, p.99, (Edward the Fourth's reign) are decrees for payment of money.

In Edyall v. Hunston, p. 113, (Richard the Third's reign) an injunction is awarded against proceeding at law, until the matter of the bill was fully determined, or until the further order of the Court; but whether this was done by a decree may, perhaps, be questionable.

From the "Calendars" it is to be collected, that when bills were filed, pledges to prosecute, as they are termed at law, or, in other words, sureties to answer the costs, in case the plaintiffs failed, were generally required, and their names endorsed on the bills, probably with a view of giving effect to the provisions of the statute of Richard the Second, which enabled the Chancellor to award "damages according to his discretion" to those who had been drawn into litigation before him upon "untrue suggestions."-See Beames on Costs Eq. 4.

It is stated in the preface to the "Calendars," that the bills, or petitions, (or supplications as they are termed by West in his " Symboliography,") commence in the 17th of Richard the Second, the year in which the above statute passed; and, as the author of the preface adds, "it is probable that the bills or petitions of this year are the first which were regularly filed."

Another curious circumstance connected with decrees is the practice of which the "Calendars" afford evidence, and which is mentioned in the preface; namely, that "for many years the usage of the court appears to have been for the defendant to be brought before the Chancellor and examined viva voce."

It appears that in the earlier period of the Court, the de

crees

are generally found endorsed on the bill; a practice which continued from the time of Henry the Sixth down to that of Henry the Eighth, if not to a later period.”—Pref. to Calend.

The fact itself sufficiently accounts for the general brevity of these early decrees, and for the total absence of all statement of the circumstances of the case; such statement being obviously unnecessary when the decree was endorsed on those proceedings which comprised the whole circumstances. An example of the brevity of these early decrees is afforded by the cause of Katherine Danyell v. Richard Belyngburgh, p. 30, (Henry the Sixth's reign): the decree is in these words-Infrascriptus Ricardus dimissus est de Curia, quietus sine die, ex assensu partis.

It must not be supposed, that all the decrees are equally brief. The longest, p. 123, is comprised within five chancery folios; but, upon the average, the decrees are less than half that length. The decree is sometimes preceded by the depositions of the witnesses, and not unfrequently expressed in these terms--Consideratum, adjudicatum, et decretum est &c. See pp. 97, 98. 100, &c.

It is, perhaps, not possible to fix the precise period when the practice of endorsing the decree on the bill ceased.

Tothill speaks of a decree on the "judgment roll" of 36, 37, and 38 of Henry the Eighth. Some persons may think that by the expression "judgment roll," he alludes to a decree endorsed on the bill, or to its entry in the Registrar's Book. See Toth. 56. My own impression is, that by the terms “judgment roll," Tothill refers neither to the endorsement nor to the Reg. Lib. but to the actual Rolls, containing the enrolment of the decrees; because, in the Registrar's Book of the 36th or 37th Henry the Eighth (and which includes the 1st of Ed

a

ward the Sixth), I find several entries in these terms-In causâ controversiæ inter, &c. finale decretum fit, et idem signatum manu propria Domini Cancellarii tradit., &c. attornato irrotuland. and sometimes after attornato, Croke is added.

The earliest of the Registrar's Books now in the office is the book just mentioned, which I have seen, as I have also the two next oldest books, namely, the 3d and 4th of Edward the Sixth, and the 5th and 6th of Edward the Sixth and the 1st of Mary. The entries in these books are in general very short. They are sometimes in English, but more frequently in Latin, and written in a manner which renders it difficult to understand them. From the cursory glance I took of them, I was unable to discover any statements or recitals previously to the decretal or ordering parts. I subjoin three specimens taken from Henry the Eighth's book:

"The matter in variance betwixt A. Smyth, plaintiff, and Manering, Mil. defendant, is dismissed out of this Court; for that A. Smyth hath not shewed in fact cause to the contrary according to the order &c."—" It is ordered, that if Huggins do not &c. by Wednesday next, that the matter between them shall be dismissed."-" It is ordered, that if &c. do not maintain the bill of complaint &c. on this side Monday next, the bill shall abate, and the defendants be dismissed with their costs."

In Edward the Sixth's books there are several entries in these terms:-" This matter is committed to the Master of the Rolls (with whom a Master is sometimes associated) to be heard, and to make report thereon."

Subsequent, therefore, to these books, and when probably the practice of endorsing the decree on the proceedings had ceased, it seems to have become the custom to abbreviate the bill and answer, and add them to the decree, and, thus ab