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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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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 ●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 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 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 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 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