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A28357 Ordinances made by the Right Honourable Sir Francis Bacon ... 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 court. England and Wales. Court of Chancery.; Bacon, Francis, 1561-1626. 1642 (1642) Wing B316; ESTC R20720 12,081 26

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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 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 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 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 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 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 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 Decrees Injunction Sequestrations Suites ●fter Iudgment Referen●es Suites in Court● Bills Dem●rrers Answers Pleadings and Coppies Commissions Examinations and Depositions Ad informandam Conscientiam judicis Affidavits Petitions
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 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 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 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 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 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 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