Year: 1878

act, the court, on the 7th day Of September


1701, promulgated the following "Rule
| of Court, made to be obseroed by all suitor


and others that shall have any business a
court:''


| Firstly. When the justices meet together
at the court house to hold court one OF
| them shall order the crier to stand at the
/ court house door and make three so Veses'
and say all manner of persons that have
any business this day at His Majesty
court draw near d give your attendance
for the court is now going to sit; God save
the King, &C."


Secondly. That the Sheriff and Clark,
meet the court day in the morning, OF
sooner, before the sitting of the Court
and the Clark make out his Docket, that
the court may not be delayed on the pen
/ atty of 100 lbs. of Tobacco for every de
fault therein adjudged by the court.
! Fourthy. That all declarations be filed
with the Clark of the Court within twenty
days after the return of the writ, and that
all pleas be filed with the Clark within fif
teen days after the days as aforesaid, and
all Demurres Repljcations, Rejoinders & all
other answers and issues made up to come
to trial, the morning before the trial at
farthest, except otherwise ordered by the
court, on the penalty of 100 lbs. of To
| bacco.


Filthy. All actions to come to trial the
second Court OF (after) the return of the
writ except the laws direct otherwise and
| the Court order.


| Sixthly. That the Clarke call the actions
! Pot on,
tered, except the Court order it other uays,
on the penalty of 100 lbs of Tobacco.
Seventhly. That the plaintiffs Attor-
ney standing up and Direct himself to the
court & then to the jury if any. and open
his clients case, after the Clark's reading
the Declaration ~ other papers in course
relating to it, u pleading to it, and when
done he to slit down and then the De
iendenJ's Attorney to stand up and answer
him as aforesaid Il not to speak both to-
gether, il confused manner or undecenhg.
nor to interrupt one another in their plead


ngs, in the penalty of 100 lbs. of Tobacco,
to be adiudged by the court then sitting.


Eighthly. That no man do presume to
speak in court to another mans business,
except leave of the Court first had, on the
penalty of 100 lbs. of Tobacco adjudged by
the court.


Ninthly. That no man presume to come
into court with their hats on when the
court is sitting, except any of the Gentle
men of his Majesty's Honorable Council,
on the penalty of one shilling, his hat being
taken off by the crier or under sheriff and
the said fine to be paid before the delivery
of the hat, except the court order to the
contrary.


Tenthly. That no one presume to smoke
al in r,l,
Court is sitting, without leave of the
Court, on the penalty of one shilling to the
crier for taking away his pipe from him.
the penalty to be paid before he departs
the court.


Eleventhly. That no man presume to
use any Ill Words or Indecent Language,
or misbehaving ords or discourse, in court
sitting, on the penalty of 10C lbs. of To
bacco, and to be bound to the good be-
havior at the discretion of the court.


Twetthly. These Rules to be hanged
up d affixed at the Court House as the law
directs for the public view of all persons
according to the law, and not to be taken
down by any person without order of the
court first had, on the penalty of 100 lbs.
of Tobacco. WILLIAM WIvEL, Clerk.


From petition presented to the court,
in 1921, we learn that these rules were
transcribed and probably somewhat modi-
fed in that year. William Rumsey states
in his petition "that whereas he had by
their worships' orders transcribed certain
rules of court, and had further by their
orders attended at court this five days, on
expense & charges in order to have the
same rules settled and agreed on, which
now are concluded on, and only remain
again to be fairly transcribed in order to
be affixed at the court house door, which
your petitioner is ready to do, therefore
desires your worships to allow him the sum
of six hundred pounds of tobacco for his
trouble aforesaid, which petition being
read and heard and duly considered, or
dered it was by the court that the same be
presented & he be allowed 300 lbs of to-
bacco." We infer from this that the court
did not act hastily and that those employed
to serve the public then as now expected
to be literally paid


The most remarkable part of these rules
is the statement in the heading of them,
that they were made to be observed!''
For what other purpose they should have
been made is beyond comprehension. The
reference to the gentlemen of His Majesty's
Council shows the Difference and respect
that was accorded to royalty. At this
time the Governor and council were COM
missioned in the name of Her Majesty
Queen Anne, and represented the royal
authority, hence the exception in their
favor.


The critical reader will observe the mega
tive proof contained in them of the exis-
tence of a turbulent spirit, and the prac-
tice of much bad conduct, which they were
to curb and reform. QUILP.