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 Courtâ— Sutors and Witnesses are onely to have priviledge eundâ— 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 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 interesâ—ed or other cases that concerne multitudes if the Kings Subjects also in case of Duells and diverse others 90. All Writs Certificatesâ— 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 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 exhibiâ—ed to the Lord Chancellor together with names presented of which his Lordship will take conâ—ideration and alwaies single some learned in the Law with the rest yet so as care bee taken that the same parâ—ies bee not too often used in Commissioâ—s and likewise care is to bee takeâ— that Bond with good suretie be entred into in 200. pound at leaâ—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 waterâ— 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 â—pon it as the case shall require and if it were by Sea then unto the 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 noâ— 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 â—ame bee duely certified to this Court and orderly filed here nor of any Records upon the 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 tâ— publish any such Revocations or Additions FINIS Decrees Injunction Sequestrations Suites â—fter Iudgment Referenâ—es Suites in Courtâ— Bills Demâ—rrers Answers Pleadings and Coppies Commissions Examinations and Depositions Ad informandam Conscientiam judicis Affidavits Petitions
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 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 â—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 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 misvaluingâ— 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 extinguâ—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 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 Procâ—s ad audiendum Iudicium according to the course of the Court or did appeare in person in Court 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 comeâ— in pendeâ—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 disâ—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 16. Dismissions are properly to be prayed and had either upon hearing or upon Pleâ— unto the Biâ—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
Court in drawing of the Order of Reference except the Court doth specially declarâ— that it bee entred without any Opinion either way in which case neverthelesâ—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 iâ— the cause come backe and cannot be agreed 40. The Registers upon sending of their Draughâ— unto the Counsell of the parties are not to respect the interlineations or alterations of the said Coâ—nsell 〈…〉 counsell never so great further then to put them in remembrance of that which was truely delivered in Couâ—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 Dâ—â—reesâ— 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 Decrâ—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 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 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 Chancelloâ— himselfe 46. No Order shall bee made for the confirming or ratifying of any Report without day first given by the space of a seveâ—ight at the leâ—â—â— â—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 generallâ— 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 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 heaâ—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 Defendâ—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 54. In all Suites where it shall appeare upon the hearing of the Cause that the Plaintiffe had not Probabilem causam ltigandâ— 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 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 Billâ— 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 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 cosâ—s and upon the third â—â—eble costs and upâ—n the fourth Quadruple costs and then to be committed also untill he hath made a perfect answer and to bee examined upon interrogatives â—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