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Ordinances made By The Right Honourable Sir Francis Bacon Knight, Lord Verulam, and Vicount of Saint Albans, being then Lord Chancellor.

For the better and more re­gular Administration of Iustice in the Chancery, to be daily observed saving the Prerogative of this COVRT.

LONDON: Printed for Mathew Walbanke, and Lawrence Chapman 1642.

Ordinances made by the Right Honourable the Lord Chancellor, for the better and more re­gular Administration of Justice in the Chancery, to be daily observed saving the Prerogative of the Court.

NO Decree[?] shall be reversed,Decrees. altered, or ex­plained, being once under the Great Seale, but upon bill of Review, and no bill of Review shall be admitted except it containe either error in Law, ap­pearing in the Body of the Decree, without farther examination of matters [...]n Fact, or some new matter which hath risen in time af­ter the Decree, and not any new proofe which might have bin used when the Decree was made: Neverthelesse upon new proofe, that is come to light after the Decree made, and could not possibly have bin used at the time, when the Decree passed, a bill of Review may bee grounded by the speciall Lycence of the Court, and not otherwise.

[Page 2]2. In case of miscasting (being a matter demonstrative) a Decree may be explained, and reconciled by an Order with­out a bill of Review, not understanding by mis-casting any pretended misrating or misvaluing [...] but onely errour in the Auditing or numbring.

3. No Bill of Review shall be admitted, or any other new bill to change matter Decreed, except the Decree bee first obeyed and performed, as if it bee for Land, that the Possession be yeelded; if it bee for mony, that the mony be paid; if it be for Evidences, that the Evidences be brought in, and so in other Cases which stand upon the strength of the Decree alone.

4. But if any Act be Decreed to bee done which extin­gu [...]sheth the parties Right at the Common Law, As ma­king of assurance or Release, acknowledging satisfaction cancelling of Bonds, or Evidences, and the like; Those parts of the Decree are to bee spared untill the bill of Review be determined. But such sparing is to be warranted by pub­lique Order made in Court.

5. No Bill of Review shall bee put in, except the party that preferres it enter into Recognizance with Sureties for satisfying of Costs and damages for the delay, if it be found against him.

6. No Decrees shall be made upon pretence of Equity, against the expresse provision of an Act of Parliament: ne­verthelesse if the Construction of such Act of Parliament hath for a time gone one way in generall opinion and repu­tation, and after by a latter Judgement hath bin controlled, then releefe may bee given upon matter of Equity, for Cases arising before the said Judgement, because the Sub­ject was in no default.

7. Imprisonment for breach of a Decree is in nature of an [Page 3] Execution, and therefore the custody ought to bee straight, and the party not to have any liberty to goe abroad, but by speciall Lycence of the Lord Chancellor; but no close im­prisonment is to be, but by expresse Order for wilfull and extraordinary contempts, and disobedience as hath bin used.

8. In Case of enormous and obstinate disobedience in breach of a Decree, an Injunction is to be granted Sub poena of a summe, and upon Affidavit, or other sufficient proofe of persisting in Contempt, Fines are to bee pronounced by the Lord Chancellor in open Court, and the same to be ex­tracted downe into the hamper if Cause be, by a speciall Order.

9. In Case of a Decree made for the possession of Land, a Writ of Execution goeth forth, and if that bee disobeyed, then Processe of contempt according to the course of the Court against the person to Commission of Rebellion, and then a Serjeant at Armes by speciall warrant, and in case the Serjeant at Armes cannot finde him, or bee resisted upon the comming in of the party, and his commitment; if hee persist in disobedience, an Injunction is to bee granted for the Possession, and in Case that also bee disobeyed, then a Commission to put him in possession.

10. Where the partie is committed for breach of a Decree, he is not to be enlarged untill the Decree bee fully perfor­med in all things which are to bee done presently. But if there be other parts of the decree to be performed at dayes, or times to come, then he may bee enlarged by Order of Court upon Recognizance, with Sureties to be put in for the performance de futuro, otherwise not.

11. Where Causes come to hearing in Court, no Decree bindeth any person who was not served with Proc [...]s ad audiendum Iudicium, according to the course of the Court, or did appeare in person in Court.

[Page 4]12. No Decree bindeth any that commeth in Bona fide, by conveyance from the Defendant before the Bill exhibi­ted; and is made no party, neither by Bill nor Order: But where he come [...] in pende [...]te lite, and while the Suite is in full prosecution, and without any colour of allowance or privity of the Court, there regularly the Decree bindeth, but if there were any intermission of Suite, or the Court made acquainted with the conveyance, the Court is to give order upon the speciall matter according to justice.

13. Where Causes are dismissed upon full hearing, and the dismission signed by the Lord Chancellor, such Causes shall not be retayned againe, nor new Bill admitted, except it be upon new matter, like to the Case of the bill of review.

14. In Case of other dismissions, which are not upon hearing of the Cause, if any new Bill be brought, the dis­mission is to be pleaded, and after reference and report of the contents of both Suites and consideration taken of the causes of the former dis [...]ission, the Court shall rule the re­teyning or dismissing of the new Bill according to Justice, and the nature of the Case.

15. All Suites grounded upon Wills, nuncupative, Lea­ses paroll, or upon long Leases, that tend to the defacing of the Kings Tenures, for the stablishing of perpetuities, or grounded upon Remainders put into the Crowne, to defeate Purchasors, or for Brocage or rewards to make Marriages, or for bargaines at play and Wagers, or for bargaines, for Offices contrary to the Statute, of 2. Edw. 6. or for con­tracts upon Usury, or Symony, are regularly to be dismissed upon motion, if they bee the sole effect of the Bill, and if there be no speciall circumstances to move the Court to al­low them a proceeding, and all Suites under the valew of ten pounds, are regularly to bee dismissed.

[Page 5]16. Dismissions are properly to be prayed, and had ei­ther upon hearing, or upon Ple [...] unto the Bi [...]l when the Cause comes first into the Court: But dismissions are not to bee prayed after the parties have bin at charges of exa­mination, except it be upon speciall cause.

17. If the Plaintiffe discontinue by prosecution, after all the Defendants have answered above the space of one whole Terme, the Cause is to be dismissed of course with­out any motion: but after Replication put in no Cause is to be dismissed without motion and order of the Court.

18. Double vexation is not to bee admitted, but if the party Sue for the same Cause at Common Law [...] and in Chancery, hee is to have a day given to make [...]is election where hee will proceed, and in default of such election to be dismissed.

19. Where Causes are removed by speciall Certio­rari upon a Bill, conteyning matter of Equity [...] the Plain­tiffe is upon receipt of his Writ to put in Bond to prove his suggestion within foureteene dayes after the Receipt, which if hee doe not prove, then upon Certificate from either of the examiners presented to the Lord Chancell [...], the Cause shall bee dismissed with dosts and [...] Proce­dendo to bee granted.

20. No Injunction of any nature shall be granted,Injunction re­vived, di [...]olved, or stayed upon any private Petition.

21. No Injunction to stay Suites at the Law shall bee granted upon priority of Suite onely, or upon [...]urmise of the plaintif [...]s Bill onely, but upon matter confessed in the D [...]fendants answer, or matter of Record, or writing plainely appearing, or when the Defendant is in con­tempt for not answering, or that the Debt desired to bee [Page 6] stayed appeareth to be old, and hath slept long, or the Cre­ditor, or the Debtor hath beene dead some good time before the Suite brought.

22. Where the Defendant appeares not, but sits an Attachment; or when hee doth appeare and departs with­out Answer, and is under Attachment, for not answering; or when he takes Oath; he cannot answer without sight of Evidences in the Country, or where after Answer hee sues at Common Law by Attourny, and absents himselfe be­yond Sea: In these Cases an Injunction is to be gran­ted for the stay of all Suites at the Common Law, untill the party Answer or appeare in person in Court, and the Court give further order: But neverthelesse upon An­swer put in, if there bee no motion made the same Terme, or the next generall Seale after the Terme, to continue the Injunction in regard of the insufficiency of the Answer put in, or in regard of the matter confessed in the Answer. Then the Injunction to dye and dissolve without any speciall Order.

23. In the Case aforesaid, where an Injunction is to bee granted for stay of Suites at the Common Law, if the like Suite be in the Chancery, either by Scire facias, or pri­viledge or English bill, then the Suite is to bee stayed by Order of the Court, as it is in other Courts by Injunction, for that the Court cannot enjoyne it selfe.

24. Where an Injunction hath beene obtayned for stay of Suites. and no prosecution is had for the space of three Termes, the Injunction is to fall of it selfe with­out further motion.

25. Where a Bill comes in after an Arrest at the Com­mon Law for a Debt, no Injunction shall bee granted with­out bringing the principall mony into Court, except there [Page 7] appeare in the Defendants Answer, or by sight of writings, plaine matter tending to discharge the Debt in Equity. But if an Injunction be awarded and disobeyed, in that Case no mony shall bee brought in, or deposited in regard of the contempt.

26. Injunctions for Possession are not to bee granted before a Decree, but where the Possession hath continued by the space of three yeares, before the Bill exhibited, and upon the [...]ame Title; and not upon any Title by Lease, or otherwise d [...]termined.

27. In Case where the Defendants sits all the processe of Contempt, and cannot bee found by the Serjeant at Armes, or resist the Serjeant, or makes rescue, a Sequestra­tion shall bee granted of the Land in question, and if the Defendant render not himselfe within the yeare, then [...]n Injunction for the Possession.

28. Injunctions against felling of Timber, ploughing up of ancient pastures, or for the maintayning of Inclo­sures, or the like, shall be granted according to the circum­stances of the Case; but not in case where the Defendant upon his Answer claimeth an Estate of Inheritance except it bee where hee claimeth the Land in trust, or upon some other speciall ground.

29. No Sequestration shall bee granted but of Lands,Sequestra­tions. Leases, or Goods in question, and not of any other Lands or Goods, not conteyned in the Suites.

30. Where a Decree is made for Rent to bee paid out of Land, or a summe of mony to bee levied o [...]t of the profits of Land, there a Sequestration of the same Lands being in the Defendants hands may be granted.

[Page 8]31. Where the Decrees of the provinciall Counsell, or of the Court of Requests, or the Queenes Court, are by continuancy or other meanes interupted: There the Court of Chancery upon a Bill preferred for Corroborations of the same Jurisdictions, Decrees, and Sentences shall give remedy.

32. Where any Cause comes to hearing that hath beene formerly Decreed, in any other of the Kings Courts of Justice at Westminster, such Decree shall bee first read, and then to proceed to the rest of the Evi­dence on both sides.

Suites [...]fter Iudgment.33. Suites after Judgement may bee admitted accor­ding to the ancient Custome of the Chancery, and the late Royall Decision of his Majesty, of Record after so­lemne and great deliberation: But in such Suites it is Ordered, that Bond bee put in with good Sureties to prove the suggestions of the Bill.

34. Decrees upon Suites brought after Judgement shall containe no words, to make voyd or weaken the Judgement, but shall onely correct the corrupt Con­science of the party, and rule him to make restitution, or performe other Acts, according to the equity of the Cause.

Orders, and the Office of the REGISTERS.

35. THe Registers are to bee sworne, as hath bin lately Ordered.

36. If any Order shall bee made, and the Court not informed of the last materiall Order formerly made, no benefit shall bee taken by such Order: as granted by abuse, and surreption, and to that end the Registers ought duely to mention the former Order in the later.

37. No Order shall bee explained upon any private Petition but in Court as they are made, and the Register is to set downe the Orders as they were pronounced by the Court, truely at his perill, without troubling the Lord Chancellor by any private attending of him to explaine his meaning: and if any explanation bee desi­red, it is to bee done by publique motion, where the other party may be heard.

38. No draught of any Order shall bee delivered by the Register to either party without keeping a Coppy by him, to the end that if the Order bee not entered, neverthelesse the Court may bee informed what was formerly done, and not put to new trouble and hearing; and to the end also that knowledge of Orders be not [Page 10] kept backe too long from either party, but may pre­sently [...] appeare at the Office.

39. Where a Lease hath beene debated upon hea­ring of both parties and Opinion hath beene delivered by the Court, and neverthelesse the cause referred to Treaty, the Registers are no [...] to omit the Opinion of the Court, in drawing of the Order of Reference, except the Court doth specially declar [...] that it bee en­tred without any Opinion either way; in which case nevertheles [...]e the Registers are out of their short note, to draw up some more full remembrance of that that passed in Court, to informe the Court i [...] the cause come backe and cannot be agreed.

40. The Registers upon sending of their Draugh [...] unto the Counsell of the parties, are not to respect the interlineations, or alterations of the said Co [...]nsell ( [...] counsell never so great) further, then to put them in re­membrance of that which was truely delivered in Cou [...]t and so to conceive the Order upon their Oath, and duty without any further respect.

41. The Registers are to bee carefull in the [...] and drawing up of D [...]rees [...] and speciall 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 bee read and reviewed before his Lordship signe them.

42. The Decr [...]es granted at the Rolls, are to bee pre­sented to his Lordship, with the Orders whereupon they are drawne, within two or three daies after every Terme.

43. Injunctions for possession, or for stay of Suites [Page 11] after Verdict are to be presented to his Lordship, together with the Orders whereupon they goe forth, that his Lord­ship may take consideration of the Order before hee signe them.

44. Where any Order upon the speciall nature of the case shall bee made against any of these generall Rules, there the Register shall plainely and expresly set downe the particulars, Reasons, and Grounds moving the Court to vary from the generall rule.

45. No Reference upon a Demurrer,Referen [...]es or question touching the jurisdiction of the Court, shall bee made to the Masters of the Chancery: but such Demurrers shall bee heard and ruled in Court, or by the Lord Chancello [...] himselfe.

46. No Order shall bee made for the confirming or ratifying of any Report without day first given, by the space of a seve [...]ight at the le [...], [...]o speake to it in Court.

47. No Reference shall bee made to any Masters of the Court, or any other Commissioners to heare and determine where the cause is gone so farre as to exa­mination of Witnesses, except it bee in special Cases of parties neare in bloud, or of extreme poverty, or by consent and generall [...] Reference of the estate of Cause, except it bee by consent of the parties to bee 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 certifie the state of any cause, as if they would make brevi­ate of the Evidence on both sides, which doth little ease [Page 12] the Court, but with some Opinion, or otherwise in case they thinke it too doubtfull to give Opinion, and therefore make such speciall Certificate, the cause is to goe on to a judiciall Hearing without respect had to the same.

50. Matters of accompt unlesse it bee in very weighty causes are not fit for the Court, but to bee prepared by reference, with this difference neverthelesse, 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 accompts considered, except both parties before a hea [...]ing doe consent to a reference of the examination of the accompts, to make it more ready for a hearing.

51. The like course to bee taken for the examination of Court Rolls, upon Customes and Coppies, which shall not bee referred to any one Master, but to two Masters at the least.

52. No Reference to bee made of the insufficiency of an answer, without shewing of some particular point of the defect, and not upon surmize of the insufficiency in generall.

53. Where a trust is confessed by the Defend [...]nts An­swer, there needeth no further Hearing of the Cause, but a Reference presently to be made of the Accompt, and so to goe on to a hearing of the Accompts.

Suites in Court [...] Bills, De­m [...]rrers, Answers, Pleadings, and Cop­pies.54. In all Suites where it shall appeare upon the hearing of the Cause, that the Plaintiffe had not Probabi­lem causam ltigand [...] he shall pay unto the Defendant, his utmost costs to be assessed by the Court.

55. If any Bill answers Replication, or Rejoynder, shall be found of an immoderate length, both the party and [Page 13] the Councell under whose hand it passeth shall be fined.

56. If there bee contayned in any Bill, Answer, or other pleadings interrogatory, any matter libellous, or slan­derous against any that is not party to the Suite, or against such as are parties to the Suite, upon matters, impertinent, or in derogation of the setled authorities of any of his Ma­jesties Courts, such Bills, Answers, Pleadings, or Interro­gatories shall be taken of the fyle and suppressed, and the parties severally punished by Commitment or igno­miny, as shall bee thought fit for the abuse of the Court, and the Councellors at Law, who have set their hands shall likewise receive reproofe or punishment if cause be.

57. Demurrers and Pleas which tend to discharge the Suite shall be heard, first upon every day of Orders, that the Subject may know whether hee shall need further at­tendance or no.

58. A Demurrer is properly upon matter defective, contained in the Bill it selfe, and no forrayne matter, but a Plea is of forrayne matter to discharge or stay the Suite, as that the cause hath beene formerly dismissed, or that the Plaintife is Out-lawed, or Excommunicated, or there is an other Bill [...] depending for the same cause or the like, and such Plea may bee put in without Oath, in case where the matter of the Plea appeares upon Record; but if it bee any thing that doth not appeare upon Record, the Plea must be upon oath.

59. No Plea of Out-lawry shall bee allowed without pleading the Record Sub pede sigilli, nor plea of Excommuni­cation without the Seale of the Ordinary.

60. Where any Suite appeareth upon the Bill, to bee of the natures which are regularly to be dismissed according [Page 14] to the fifteenth Ordinance, such matter is to bee set forth by way of demurrer.

61. Where an Answer shall bee certified insufficient, the Defendant is to pay costs, and if a second answer be re­turned insufficient, in the points before certified insufficient, then double cos [...]s, and upon the third [...]eble costs, and up [...]n the fourth Quadruple costs, and then to be committed also untill he hath made a perfect answer, and to bee examined upon interrogatives [...]ouching the points defective in his an­swer, but if any answer bee certified sufficient, the Plaintiffe is to pay costs.

62. No insufficient answer can bee taken hold of after Replication put in, because it is admitted sufficient by the Replication.

63, An Answer to a matter charged as the Defendants owne fact, must be direct without saying it is to his remem­brance, or as he beleeveth, if it bee laid downe within seven yeares before, and if the Defendant deny the fact, hee must traverse it directly, and not by way of negative pregnant, as if a fact be laid to bee done with diverse circumstances, the Defendant may not traverse it literally as it is Law in the Bill, but must traverse the point of Substance: So if he bee charged with the receipt of one hundred pounds, hee must traverse that hee hath not received a hundred pounds, or any part thereof, and if hee have received part, hee must set forth what part.

64. If a hearing be prayed upon Bill and Answer, the answer must be admitted to be true in all points, and a decree ought to be made, but upon hearing the answer readin court.

65. Where no Councell appeares for the Defendant at the hearing, and the Processe appeares to have bin served, [Page 15] the answer of such Defendant [...]s to be read [...]n Court.

66. No new matter is to be conteyned in any Replication, except it be to avoyd matter set forth in the Defendants answ.

67. All Coppies in Chancery shall containe 15. [...]es in every sheet thereof written orderly and unwastfully, unto which shall be subscribed the name of the principall Clarke of the Office where it is written, or his Deputy for whom he will answer, for which onely subscription no fee at all shal be taken.

68. All Commissions for examination of Witnes [...]es shall super inter [...] inclusis onely,Commissi­ons, Exa­minations, and Depo­sitions. and no returne of Depositions into the Court shall be received, but such onely as shall bee either comprised in one Role, subscribed with the name of the Com­missioners, or else in diverse Roles; whereof each one shall bee so subscribed.

69. If both parties joyne in Commissions, and upon war­ning given the Defendant bring his Commissioners, but produ­ceth no witnesses nor ministreth interrogatories, but after seekes a new Commission, the same shall not be granted [...] but never­thelesse upon some extraordinary excuse of the Defendants de­fault, he may have liberty granted by speciall Order to exa­mine his Witnesses in Court upon the former interrogatories, giving the Plaintiffe or his Attourney notice, that hee may examine also if hee will.

70. The Defendant is not to be examined upon interroga­tories, except it be in very speciall Cases, by expresse Order of the Court, to sift out some fraud or practice pregnantly appea­ring to the Court, or otherwise upon offer of the Plaintiffe to be concluded by th [...] answer of the Defendant without any liberty to disprove such answer, or to impeach him after of perjury.

71. Decrees in other Courts, may bee read upon hearing without the warrant of any speciall Order. But no depositions [Page 16] taken in any other Court are to be read but by speciall Order, and regularly the Court granteth no Order for reading of De­positions[?] except it be between the same parties, and upon the same title and cause of suite.

72. No examination is to be had of the credit of any Wit­nes but by speciall order, which is sparingly to be granted.

73. Witnesses shall not be examined in perpetuam rei me­moriam, except it be upon the ground of a Bill, first put in and answer thereunto made, and the Defendant, or his Attourney made acquainted with the names of the witnesses that the Plaintiffe would have examined, and so publication to bee of such Witnesses with this restraint neverthelesse, that no bene­fit shall be taken of the Depositions of such Witnesses, in case they may be brought Viva voce upon the triall, but onely to be used in case of Death before the triall, or age, or impo­tency, or absent out of the Realme at the triall.

Ad infor­mandam Conscien­tiam judicis74. No Witnesses shall bee examined after publication, except it be by consent, or by speciall order Ad informandam conscientian judicis, and then to be brought close sealed up to the Court, to peruse or publish, as the Court shall think good.

Affidavits.75. No Affidavit shall bee taken or admitted by any Master of the Chancery, tending[?] to the proofe or disproofe of the Title, or matter in question, or touching the merits of the cause, neither shall any such matter bee colorably inserted in any Affidavit for serving of Processe.

76. No Affidavit shall be taken against Affidavit, as far as the Masters of the Chancery can have knowledge; and if any such bee taken, the latter Affidavit shall not bee used nor read in Court.

77. In case of Contempts granted upon force or ill words, upon serving of Processe, or upon words of scandall [Page 17] of the Court, proved by Affidavit, the party is forthwith to stand committed; but for other Contempts against the Orders or Decrees of the Court an Attachment goes for the first upon Affidavit made, and then the party is to bee examined upon Interrogatories, and his examination referred; and if upon his examination he confesse matter of Contempt, hee is to bee committed, if not, the adverse party may examine witnesses to prove the Contempt, and therefore if the Contempt appeare, the party is to bee committed, but if not, or if the party that pursues the Contempt doe faile in putting in interrogatories, or other prosecution of faile in the proofe of the Conte [...]pt then the party charged with the Contempt is to bee discharged with good costs.

78. They that are in Contempt, specially so fa [...] as Pro­clamation of Rebellion, are not to bee here, neither in that Suite, nor any other, except the Court of speciall Grace sus­spend the contempt.

79. Imprisonment upon Contempt for matters past, may be discharged of grace after sufficient punishment, or otherwise dispensed with. But if the Imprisonment bee for not perfor­mance of any Order of the Court, in force they ought not to be discharged except they first obay, but the Contempt may be suspended for a time.

80. Injunctions,Petitions. Sequestrations, Dismissions, Reteyners, upon Dismissions, or finall Orders, are not to bee granted up­on Petitions.

81. No former Order made in Court is to bee altered, crossed, or explained upon any Petition, but such Orders may bee stayed upon Petition for a small stay, unti [...]l the matter may bee moved in Court.

82. No Commission for examination of Witnesses shall be discharged, nor no examinations or depositions shall be sup­pressed [Page 18] upon Petition, except it be upon point of course of the Court first referred to the Clarkes, and Cert [...]ficate thereupon.

83. No Demur shall be over-ruled upon Petition.

No Scire fac. shall be awarded upon Recognizances not enrolled, nor upon Recognizances inrolled, unlesse it be upon examination of the Record with the Writ, nor no Recogni­zance shall be enrolled after the yeare except it bee upon speci­all Order from the Lord Chancello [...].

85. No writ of Exeat Regnum, prohibition, consultation, Sta­tute of Northampton, Certiorari speciall, or Procedendo speci­all, or Certiorari or Procedendo generall more then one in the same cause; Habeas Corpus, or Corpus cum causa vi laica re­movend', or restitution thereupon De cor [...]natore et viridario elig [...]ndo in case of a moving De Homine repleg. Assiz. or spe­ciall Patent, Inde ballia amovend' Certiorari super presentatio­nibus fact. coram comm ssariis Seward, or ad quod dampnum shall passe without warrant under the Lord Chancellors hand, and signed by him, save such Writs as Ad quod dampnum, as shall be signed by Master Attourney.

86. Writs of Priviledge are to be reduced to a better Rule, both for the number of persons that shall be priviledged, and for the case of the priviledge: and as for the number, it shall be set downe by Schedule: for the case it is to be understood, that be­sides parties priviledged as attendants upon the Court [...] Sutors and Witnesses are onely to have priviledge, eund [...]; redeundo, et morando, for their necessary attendance, and not otherwise; and that such Writ of priviledge dischargeth onely an Arrest upon the first Processe, but yet where at such times to necessary at­tendance the party is taken in execution, it is a Contempt to the Court, and accordingly to be punished.

87. No Supplicavit for the good behaviour shall be gran­ted, but upon Articles grounded upon the Oath of two at the [Page 19] least, or Certificate of any one Justice of Assize, or two Justices of the Peace with Affidavit, that it is their hands, or by Order of the Star Chamber, or Chancery, or other of the Kings Courts.

88. No Recognizance of the good behaviour, and the peace taken in the Country, and certified into the Petty-bagge shall be filled in the yeare without Warrant from the Lord Chancellor.

89. Writs of Ne exeat regnum are properly to be granted according to the suggestion of the Writ, in respect of attempts prejudiciall to the King and State, in which case the Lord Chancellor will grant them upon prayer of any the principall Secretaries without cause shewing, or upon such information as his Lordship shall thinke of weight. But otherwise also they may be granted according to the practice of long time used in case of enterlopers, in Trade, great Bankerupts, in whose estate many Subjects are interes [...]ed, or other cases that concerne multitudes, if the Kings Subjects also in case of Duells and diverse others.

90. All Writs, Certificates [...] and whatsoever other Processe Ret. coram Rege in Canc. shall be brought into the Chappell of the Rolls, within convenient time after the returne there­of, and shall be there filed upon their proper files and bundles as they ought to bee, except the Depositions of Witnesses, which may remaine with any of the sixe Clarkes by the space of one yeare next after the cause shall be determined, by De­cree, or otherwise be dismissed.

91. All Injunctions shall be inrolled, or the Transcript filed, to the end that if occasion be, the Court may take order to award Writs of Scire fac. thereupon, as in ancient time hath beene used.

92. All dayes given by the Court to Sheriftes to returne their Writs, or bring their Prisoners upon Writs of priviledge, [Page 20] or otherwise betweene party and party shall be filed, either in the Registers Office, or in the Petty-bagge respectively, and all Recognizances taken to the Kings use, or unto the Court, shall be duely inrolled in convenient time, with the Clarkes of the inrollment, and Calendars made of them, and the Calen­dars every Michaelmas Terme to be presented to the Lord Chancellor.

93. In case of Suites upon the Commissions for charitable uses to avoyd charge, there shall need no Bill, but onely ex­ceptions to the Decree, and answer forthwith to bee made thereunto; and thereupon, and upon sight of the Inquisition, and the Decree brought unto the Lord Chancellor by the Clarke of the Petty-bagge, his Lordship upon perusall thereof will give order under his hand for an absolute Decree to bee drawne up.

94, Upon Suite for the Commission of Sewards, the names of those that are desired to be Commissioners are to be prefer­red to the Lord Chancellor in writing; then his Lordship will send the names of some Privy Counsellor, Lievtenant of the Shiere, Justices of Assize, being resident in the parts for which the Commission is prayed to consider of them, that they be not put in for private respects, and upon the returne of such Opi­on his Lordship will further order for the Commission to passe.

95. No new Commission of Sewards, shall bee granted whiles the first is in force, except it be upon discovery of abuse, or fault in the first Commissioners, or otherwise upon some great or weighty ground.

96. No Petition of Bankerupt shall be granted but upon Petition first exhibi [...]ed to the Lord Chancellor, together with names presented, of which his Lordship will take con [...]iderati­on, and alwaies single some learned in the Law with the rest, yet so as care bee taken that the same par [...]ies bee not too often used in Commissio [...]s, and likewise care is to bee take [...] that [Page 21] Bond with good suretie be entred into in 200. pound at lea [...]t to prove him a Bankerupt.

97. No Commission of Delegates in any case of weight shall bee awarded, but upon Petition preferred to the Lord Chancellor, who will name the Commissioners himselfe, to the end they may bee persons of convenient quality, having regard to the weight of the cause, and the dignity of the Court from whom the appeale is.

98. Any man shall bee admitted to defend in Forma pauperis upon oath, but for Plaintiffes they are ordinarily to bee referred to the Court, of Requests, or to the provinciall Councells, if the case arise in the jurisdictions, or to some Gen­tlemen in the Country, except it bee in some speciall cases of commiseration or potency of the adverse party.

99. Licenses to collect for losses for fire or water [...] are not to be granted, but upon good Certificate, and not for decayes of surety-ship or debt, or any other casualties whatsoever, and they are rarely to be renewed, and they be to be directed un­to the County where the losse did arise, if it were by fire, and the Counties that abut [...]pon it as the case shall require, and if it were by Sea, then unto [...]he County where the Port is, from whence the Ship went, and to some Counties adjoyning.

100. No exemplification shall bee made of Letters Patent (Inter alia) with omission of the generall words, nor of Records made voyd, or cancelled, nor of the De­crees of this Court, not enrolled, no [...] of depositions by parcell, nor of depositions in Conrt, to which the hand of the examiner is not subscribed, nor of Records of the Court not being enrolled or filed, nor of Records of any other Court, before the [...]ame bee duely certified to this Court, and orderly filed here, nor of any Records upon the [Page 22] sight and examination of any Coppy in Paper, but upon sight and examination of the Originall.

101. And because time and experience may disco­ver some of these Rules to bee inconvenient, and some other to bee fit to bee added: therefore his Lordship intendeth in any such Case from time to time t [...] publish any such Revocations or Additions.

FINIS.

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