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.
      
       
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             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.
          
           22 p.
           
             Printed for Mathew Walbanke and Lawrence Chapman,
             London :
             1642.
          
        
      
    
     
       
         eng
      
       
         
           Court rules -- England.
        
      
    
       A28357  R20720  (Wing B316).  civilwar no Ordinances made by the Right Honourable Sir Francis Bacon Knight, Lord Verulam, and Vicount of Saint Albans, being then Lord Chancellor. For England and Wales. Court of Chancery 1642    6850 78 0 0 0 0 0 114 F  The  rate of 114 defects per 10,000 words puts this text in the F category of texts with  100 or more defects per 10,000 words. 
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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
           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
           ,
           
           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
           
           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
           
           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
           ,
           
           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
           .
        
         
         
           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
           .
        
         
           
           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
           
           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
           
           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
           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
           ,
           
           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
           ,
           
           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
           the
           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
           
           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
           .
        
         
           
           74.
           
           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
           .
        
         
           
           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
           
           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
           ,
           
           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
           
           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
           
           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
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A28357e-150
           
             Decrees
             .
          
           
             Injunction
             
          
           
             Sequestrations
             .
          
           
             Suites
             ●fter
             Iudgment
             .
          
        
         
           Notes for div A28357e-740
           
             Referen●es
             
          
           
             Suites
             in
             Court●
             Bills
             ,
             Dem●rrers
             ,
             Answers
             ,
             Pleadings
             ,
             and
             Coppies
             .
          
           
             Commissions
             ,
             Examinations
             ,
             and
             Depositions
             .
          
           
             Ad
             informandam
             Conscientiam
             judicis
             
          
           
             Affidavits
             .
          
           
             Petitions
             .