(36) If any order shall be made, and the court not informed of the last material order formerly made, no benefit shall be taken by such order, as granted by abuse and surreptition, and to that end the registers ought duly to mention the former order in the latter.

(37) No order shall be explained upon any private petition, but in court as they are made; and the register is to set down the orders as they were pronounced by the court truly at his peril, without troubling the lord chancellor by any private attending of him to explain his meaning; and if any explanation be desired, it is to be done by public motion, where the other party may be heard.

(38) No draft of any order shall be delivered by the register to either party without keeping a copy by him, to the end that, if the order be not entered, nevertheless the court may be informed what was formerly done, and not put to new trouble and hearing, and to the end, also, that knowledge of orders be not kept back too long from either party, but may presently appear at the office.

(39) Where a lease1 hath been debated, upon hearing of both parties, and opinion hath been delivered

1 "This word ought to be 'cause,' and it is so stated in Toth.

(Proceed.) 30." Beames, Order Ch., 20.

by the court, and, nevertheless, the cause referred to treaty, the registers are not to omit the opinion of the court in drawing of the order of reference, except the court doth specially declare that it be entered without any opinion either way; in which case, nevertheless, the registers, are out of their short note, to draw up some more full remembrance of that that passed in court, to inform the court if the cause come back and cannot be agreed.

(40) The registers, upon sending of their draft unto the counsel of the parties, are not to respect the interlineations or alterations of the said counsel (be the said counsel never so great), further than to put them in remembrance of that which was truly delivered in court, and so to conceive the order upon their oath and duty, without any further respect.

(41) The registers are to be careful in penning and drawing up of decrees, and special matters of difficulty and weight, and therefore, when they present the same to the lord chancellor, they ought to give him understanding which are those decrees of weight, that they may be read and reviewed before his lordship sign them.

(42) The decrees granted at the rolls are to be presented to his lordship, with the orders whereupon they are drawn, within two or three days after every term.

(43) Injunctions for possession, or for stay of suits after verdict, are to be presented to his lordship together with the orders whereupon they go forth, that his lordship may take consideration of the order before he sign them.

(44) Where any order upon the special nature of the case shall be made against any of these general rules, there the register shall plainly and expressly-set down the particulars, reasons, and grounds moving the court to vary from the general rule.

(45) No reference upon a demurrer or question touching the jurisdiction of the court shall be made to the masters of the chancery, but such demurrers shall be heard and ruled in court, or by the lord chancellor himself.

(46) No order shall be made for the confirming or ratifying of any report without day first given, by the space of a seven-night at the least, to speak to it in court.

(47) No reference shall be made to any masters of the court, or any other commissioners, to hear and determine, where the cause is gone so far as to examination of witnesses, except it be in special cases of parties near in blood, or of extreme poverty, or by consent, and, generally, reference of the state of the cause, except it be by consent of the parties, to be sparingly granted.

(48) No report shall be respected in court which exceedeth the warrant of reference.

(49) The masters of the court are required not to certify the state of any cause as if they would make breviates of the evidence on both sides, which doth little ease the court, but with some opinion, or otherwise, in case they think it too doubtful to give opinion, and therefore make such special certificate, the cause is to go on to a judicial hearing without respect had to the same.

(50) Matters of account, unless it be in very weighty causes, are not fit for the court, but to be prepared by reference, with this difference, nevertheless: that the cause comes first to a hearing, and, upon the entrance into a hearing, they may receive some direction, and be turned over to have the accounts considered, except both parties, before a hearing, do consent to a reference of the examination of the accounts to make it more ready for a hearing.

(51) The like course to be taken for the examination of court rolls, upon customs and copies, which shall not be referred to any one master, but to two masters, at the least.

(52) No reference to be made of the insufficiency of an answer without showing of some particular point of the defect, and not upon surmise of the insufficiency in general.

(53) Where a trust is confessed by the defendant's answer, there needeth no farther hearing of the cause, but a reference presently to be made of the account, and so to go on to a hearing of the accounts.

(54) In all suits where it shall appear, upon the hearing of the cause, that the plaintiff had not pro-babilem causam litigandi, he shall pay unto the defendant his utmost costs, to be assessed by the court.

(55) If any bill, answer, replication, or rejoinder shall be found of an immoderate length, both the party and the counsel under whose hand it passed shall be fined.

(56) If there be contained in any bill, answer, or other pleadings or interrogatory any matter libelous or slanderous against any that is not party to the suit, or against such as are parties to the suit, upon matters impertinent, or in derogation of the settled authorities of any of his majesty's courts, such bills, answers, pleadings, or interrogatories shall be taken off the file and suppressed, and the parties severally punished by commitment or ignominy, as shall be thought fit for the abuse of the court, and the counselors at law who have set their hands shall likewise receive reproof or punishment, if cause be.