Ordinances made By The Right Honourable Sir Francis Bacon Knight, Lord Verulam, and Viscount of Saint Albans, being then Lord Chancellor. For the better and more regular Administration of justice in the Chancery, to be daily observed saving the Prerogative of this court. LONDON: Printed for Matthew Walbanke, and Lawrence Chapman 1642. Ordinances made by the Right Honourable the Lord Chancellor, for the better and more regular Administration of Justice in the Chancery, to be daily observed saving the Prerogative of the Court. NO Decree shall be reversed, Decrees. altered, or explained, being once under the Great seal, but upon bill of Review, and no bill of Review shall be admitted except it contain either error in Law, appearing in the Body of the Decree, without farther examination of matters in Fact, or some new matter which hath risen in time after the Decree, and not any new proof which might have been used when the Decree was made: nevertheless upon new proof, that is come to light after the Decree made, and could not possibly have been used at the time, when the Decree passed, a bill of Review may be grounded by the special licence 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 miscasting any pretended misrating or misvaluing, but only error in the Auditing or numbering. 3. No Bill of Review shall be admitted, or any other new bill to change matter Decreed, except the Decree be first obeyed and performed, as if it be for Land, that the Possession be yielded; if it be for money, that the money 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 be done which extinguisheth 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 be spared until the bill of Review be determined. But such sparing is to be warranted by public Order made in Court. 5. No Bill of Review shall be put in, except the party that prefers 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 express provision of an Act of Parliament: nevertheless if the Construction of such Act of Parliament hath for a time gone one way in general opinion and reputation, and after by a latter Judgement hath been controlled, than relief may be 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 be straight, and the party not to have any liberty to go abroad, but by special licence of the Lord Chancellor; but no close imprisonment is to be, but by express Order for wilful and extraordinary contempts, and disobedience as hath been used. 8. In Case of enormous and obstinate disobedience in breach of a Decree, an Injunction is to be granted Sub poena of a sum, and upon Affidavit, or other sufficient proof of persisting in Contempt, Fines are to be pronounced by the Lord Chancellor in open Court, and the same to be extracted down into the hamper if Cause be, by a special Order. 9 In Case of a Decree made for the possession of Land, a Writ of Execution goeth forth, and if that be disobeyed, than process of contempt according to the course of the Court against the person to Commission of Rebellion, and then a sergeant at arms by special warrant, and in case the sergeant at arms cannot find him, or be resisted upon the coming in of the party, and his commitment; if he persist in disobedience, an Injunction is to be granted for the Possession, and in Case that also be disobeyed, than a Commission to put him in possession. 10. Where the party is committed for breach of a Decree, he is not to be enlarged until the Decree be fully performed in all things which are to be done presently. But if there be other parts of the decree to be performed at days, or times to come, than he may be 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 Proces ad audiendum Iudicium, according to the course of the Court, or did appear in person in Court. 12. No Decree bindeth any that cometh 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 comes in pendente lite, and while the suit 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 suit, or the Court made acquainted with the conveyance, the Court is to give order upon the special 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 retained again, 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 suits and consideration taken of the causes of the former dismission, the Court shall rule the retaining or dismissing of the new Bill according to Justice, and the nature of the Case. 15. All suits grounded upon Wills, nuncupative, Leases parole, or upon long Leases, that tend to the defacing of the King's Tenures, for the stablishing of perpetuities, or grounded upon Remainders put into the crown, to defeat purchasers, or for Brocage or rewards to make Marriages, or for bargains at play and Wagers, or for bargains, for Offices contrary to the Statute, of 2. Edw. 6. or for contracts upon Usury, or simony, are regularly to be dismissed upon motion, if they be the sole effect of the Bill, and if there be no special circumstances to move the Court to allow them a proceeding, and all suits under the value of ten pounds, are regularly to be dismissed. 16. Dismissions are properly to be prayed, and had either upon hearing, or upon Plea unto the Bill when the Cause comes first into the Court: But dismissions are not to be prayed after the parties have been at charges of examination, except it be upon special cause. 17. If the plaintiff discontinue by prosecution, after all the Defendants have answered above the space of one whole term, 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 be admitted, but if the party Sue for the same Cause at Common Law, and in Chancery, he is to have a day given to make his election where he will proceed, and in default of such election to be dismissed. 19 Where Causes are removed by special Certiorari upon a Bill, containing matter of Equity, the plaintiff is upon receipt of his Writ to put in Bond to prove his suggestion within fourteen days after the Receipt, which if he do not prove, then upon Certificate from either of the examiners presented to the Lord Chancellor, the Cause shall be dismissed with dosts and a Procedendo to be granted. 20. No Injunction of any nature shall be granted, Injunction revived, dissolved, or stayed upon any private Petition. 21. No Injunction to stay suits at the Law shall be granted upon priority of suit only, or upon surmise of the plaintiffs Bill only, but upon matter confessed in the Defendants answer, or matter of Record, or writing plainly appearing, or when the Defendant is in contempt for not answering, or that the Debt desired to be stayed appeareth to be old, and hath slept long, or the Creditor, or the Debtor hath been dead some good time before the suit brought. 22. Where the Defendant appears not, but sits an Attachment; or when he doth appear 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 he sues at Common Law by attorney, and absents himself beyond Sea: In these Cases an Injunction is to be granted for the stay of all suits at the Common Law, until the party Answer or appear in person in Court, and the Court give further order: But nevertheless upon Answer put in, if there be no motion made the same term, or the next general seal after the term, 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 die and dissolve without any special Order. 23. In the Case aforesaid, where an Injunction is to be granted for stay of suits at the Common Law, if the like suit be in the Chancery, either by Scire facias, or privilege or English bill, than the suit is to be stayed by Order of the Court, as it is in other Courts by Injunction, for that the Court cannot enjoin itself. 24. Where an Injunction hath been obtained for stay of suits. and no prosecution is had for the space of three terms, the Injunction is to fall of itself without further motion. 25. Where a Bill comes in after an Arrest at the Common Law for a Debt, no Injunction shall be granted without bringing the principal money into Court, except there appear in the Defendants Answer, or by sight of writings, plain matter tending to discharge the Debt in Equity. But if an Injunction be awarded and disobeyed, in that Case no money shall be brought in, or deposited in regard of the contempt. 26. Injunctions for Possession are not to be granted before a Decree, but where the Possession hath continued by the space of three years, before the Bill exhibited, and upon the same Title; and not upon any Title by Lease, or otherwise determined. 27. In Case where the Defendants sits all the process of Contempt, and cannot be found by the sergeant at arms, or resist the sergeant, or makes rescue, a Sequestration shall be granted of the Land in question, and if the Defendant render not himself within the year, than an Injunction for the Possession. 28. Injunctions against felling of Timber, ploughing up of ancient pastures, or for the maintaining of enclosures, 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 be where he claimeth the Land in trust, or upon some other special ground. 29. No Sequestration shall be granted but of Lands, Sequestrations. Leases, or Goods in question, and not of any other Lands or Goods, not contained in the suits. 30. Where a Decree is made for Rent to be paid out of Land, or a sum of money to be levied out 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 provincial counsel, or of the Court of Requests, or the Queen's Court, are by continuancy or other means 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 been formerly Decreed, in any other of the King's Courts of Justice at Westminster, such Decree shall be first read, and then to proceed to the rest of the Evidence on both sides. suits after judgement. 33. Suits after Judgement may be admitted according to the ancient custom of the Chancery, and the late royal Decision of his Majesty, of Record after solemn and great deliberation: But in such suits it is Ordered, that Bond be put in with good Sureties to prove the suggestions of the Bill. 34. Decrees upon suits brought after Judgement shall contain no words, to make void or weaken the Judgement, but shall only correct the corrupt Conscience of the party, and rule him to make restitution, or perform other Acts, according to the equity of the Cause. Orders, and the Office of the REGISTERS. 35. THe Registers are to be sworn, as hath been lately Ordered. 36. If any Order shall be made, and the Court not informed of the last material Order formerly made, no benefit shall be taken by such Order: as granted by abuse, and surreption, and to that end the Registers ought duly to mention the former Order in the later. 37. No Order shall be explained upon any private Petition but in Court as they are made, and the Register is to set down the Orders as they were pronounced by the Court, truly at his peril, without troubling the Lord Chancellor by any private attending of him to explain his meaning: and if any explanation be desired, it is to be done by public motion, where the other party may be heard. 38. No draught of any Order shall be delivered by the Register to either party without keeping a copy by him, to the end that if the Order be not entered, nevertheless the Court may be 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 back too long from either party, but may presently appear at the Office. 39 Where a Lease hath been debated upon hearing of both parties and Opinion hath been delivered by the Court, and nevertheless the cause referred to Treaty, the Registers are not to omit the Opinion of the Court, in drawing of the Order of Reference, except the Court doth specially declare that it be entered without any Opinion either way; in which case nevertheless the Registers are out of their short note, to draw up some more full remembrance of that that passed in Court, to inform the Court if the cause come back and cannot be agreed. 40. The Registers upon sending of their Draught unto the counsel of the parties, are not to respect the interlineations, or alterations of the said counsel (be the said counsel never so great) further, then to put them in remembrance of that which was truly delivered in Court and so to conceive the Order upon their Oath, and duty without any further respect. 41. The Registers are to be careful in the penning and drawing up of Decrees, and special 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 be read and reviewed before his Lordship sign them. 42. The Decrees granted at the Rolls, are to be presented to his Lordship, with the Orders whereupon they are drawn, within two or three days after every term. 43. Injunctions for possession, or for stay of suits after Verdict are to be presented to his Lordship, together with the Orders whereupon they go forth, that his Lordship may take consideration of the Order before he sign them. 44. Where any Order upon the special nature of the case shall be made against any of these general Rules, there the Register shall plainly and expressly set down the particulars, Reasons, and Grounds moving the Court to vary from the general rule. 45. No Reference upon a Demurrer, References or question touching the jurisdiction of the Court, shall be made to the Masters of the Chancery: but such Demurrers shall be heard and ruled in Court, or by the Lord Chancellor himself. 46. No Order shall be made for the confirming or ratifying of any Report without day first given, by the space of a sevennight at the least, to speak to it in Court. 47. No Reference shall be made to any Masters of the Court, or any other Commissioners to hear and determine where the cause is gone so far as to examination of Witnesses, except it be in special Cases of parties near in blood, or of extreme poverty, or by consent and general Reference of the estate of Cause, except it be by consent of the parties to be 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 certify 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 think it too doubtful to give Opinion, and therefore make such special Certificate, the cause is to go on to a judicial Hearing without respect had to the same. 50. Matters of account unless it be in very weighty causes are not fit for the Court, but to be prepared by reference, with this difference nevertheless, 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 accounts considered, except both parties before a hearing do consent to a reference of the examination of the accounts, to make it more ready for a hearing. 51. The like course to be taken for the examination of Court Rolls, upon customs and copies, which shall not be referred to any one Master, but to two Masters at the least. 52. No Reference to be made of the insufficiency of an answer, without showing of some particular point of the defect, and not upon surmise of the insufficiency in general. 53. Where a trust is confessed by the Defendants Answer, there needeth no further Hearing of the Cause, but a Reference presently to be made of the account, and so to go on to a hearing of the accounts. suits in Court. Bills, demurrers, Answers, Pleadings, and copies. 54. In all suits where it shall appear upon the hearing of the Cause, that the plaintiff had not Probabilem causam litigandi he shall pay unto the Defendant, his utmost costs to be assessed by the Court. 55. If any Bill answers Replication, or rejoinder, shall be found of an immoderate length, both the party and the council under whose hand it passeth shall be fined. 56. If there be contained in any Bill, Answer, or other pleadings interrogatory, any matter libellous, or slanderous against any that is not party to the suit, or against such as are parties to the suit, upon matters, impertinent, or in derogation of the settled authorities of any of his majesty's Courts, such Bills, Answers, Pleadings, or Interrogatories shall be taken of the file and suppressed, and the parties severally punished by Commitment or ignominy, as shall be thought fit for the abuse of the Court, and the councillors at Law, who have set their hands shall likewise receive reproof or punishment if cause be. 57 Demurrers and Pleas which tend to discharge the suit shall be heard, first upon every day of Orders, that the Subject may know whether he shall need further attendance or no. 58. A Demurrer is properly upon matter defective, contained in the Bill itself, and no foreign matter, but a Plea is of foreign matter to discharge or stay the suit, as that the cause hath been formerly dismissed, or that the plaintiff is outlawed, or Excommunicated, or there is an other Bill depending for the same cause or the like, and such Plea may be put in without Oath, in case where the matter of the Plea appears upon Record; but if it be any thing that doth not appear upon Record, the Plea must be upon oath. 59 No Plea of Out-lawry shall be allowed without pleading the Record Sub pede sigilli, nor plea of Excommunication without the seal of the Ordinary. 60. Where any suit appeareth upon the Bill, to be of the natures which are regularly to be dismissed according to the fifteenth Ordinance, such matter is to be set forth by way of demurrer. 61. Where an Answer shall be certified insufficient, the Defendant is to pay costs, and if a second answer be returned insufficient, in the points before certified insufficient, then double costs, and upon the third treble costs, and upon the fourth Quadruple costs, and then to be committed also until he hath made a perfect answer, and to be examined upon interrogatives touching the points defective in his answer, but if any answer be certified sufficient, the plaintiff is to pay costs. 62. No insufficient answer can be 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 own fact, must be direct without saying it is to his remembrance, or as he believeth, if it be laid down within seven years before, and if the Defendant deny the fact, he must traverse it directly, and not by way of negative pregnant, as if a fact be laid to be 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 be charged with the receipt of one hundred pounds, he must traverse that he hath not received a hundred pounds, or any part thereof, and if he have received part, he 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 council appears for the Defendant at the hearing, and the process appears to have been served, the answer of such Defendant is to be read in Court. 66. No new matter is to be contained in any Replication, except it be to avoid matter set forth in the Defendants answ. 67. All copies in Chancery shall contain 15. lines in every sheet thereof written orderly and unwastfully, unto which shall be subscribed the name of the principal clerk of the Office where it is written, or his Deputy for whom he will answer, for which only subscription no fee at all shall be taken. 68 All Commissions for examination of Witnesses shall super inter. inclusis only, Commissions, Examinations, and Depositions. and no return of Depositions into the Court shall be received, but such only as shall be either comprised in one Role, subscribed with the name of the Commissioners, or else in diverse rolls; whereof each one shall be so subscribed. 69. If both parties join in Commissions, and upon warning given the Defendant bring his Commissioners, but produceth no witnesses nor ministereth interrogatories, but after seeks a new Commission, the same shall not be granted: but nevertheless upon some extraordinary excuse of the Defendants default, he may have liberty granted by special Order to examine his Witnesses in Court upon the former interrogatories, giving the plaintiff or his attorney notice, that he may examine also if he will. 70. The Defendant is not to be examined upon interrogatories, except it be in very special Cases, by express Order of the Court, to sift out some fraud or practice pregnantly appearing to the Court, or otherwise upon offer of the plaintiff 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 be read upon hearing without the warrant of any special Order. But no depositions taken in any other Court are to be read but by special 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 suit. 72. No examination is to be had of the credit of any witness but by special 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 attorney made acquainted with the names of the witnesses that the plaintiff would have examined, and so publication to be of such Witnesses with this restraint nevertheless, that no benefit shall be taken of the Depositions of such Witnesses, in case they may be brought Viva voce upon the trial, but only to be used in case of Death before the trial, or age, or impotency, or absent out of the realm at the trial. Ad informandam Conscientiam judicis 74. No Witnesses shall be examined after publication, except it be by consent, or by special order Ad informandam conscientian judicis, and then to be brought close sealed up to the Court, to peruse or publish, as the Court shall think good. Affidavits. 75. No Affidavit shall be taken or admitted by any Master of the Chancery, tending to the proof or disproof of the Title, or matter in question, or touching the merits of the cause, neither shall any such matter be colorably inserted in any Affidavit for serving of process. 76. No Affidavit shall be taken against Affidavit, as far as the Masters of the Chancery can have knowledge; and if any such be taken, the latter Affidavit shall not be used nor read in Court. 77. In case of Contempts granted upon force or ill words, upon serving of process, or upon words of scandal 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 be examined upon Interrogatories, and his examination referred; and if upon his examination he confess matter of Contempt, he is to be committed, if not, the adverse party may examine witnesses to prove the Contempt, and therefore if the Contempt appear, the party is to be committed, but if not, or if the party that pursues the Contempt do fail in putting in interrogatories, or other prosecution of fail in the proof of the Contempt than the party charged with the Contempt is to be discharged with good costs. 78. They that are in Contempt, specially so far as Proclamation of Rebellion, are not to be here, neither in that suit, nor any other, except the Court of special 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 be for not performance of any Order of the Court, in force they ought not to be discharged except they first obey, but the Contempt may be suspended for a time. 80. Injunctions, Petitions. Sequestrations, Dismissions, retainers, upon Dismissions, or final Orders, are not to be granted upon Petitions. 81. No former Order made in Court is to be altered, crossed, or explained upon any Petition, but such Orders may be stayed upon Petition for a small stay, until the matter may be 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 clerks, and Certificate thereupon. 83. No Demur shall be overruled upon Petition. No Scire fac. shall be awarded upon recognisances not enroled, nor upon recognisances enrolled, unless it be upon examination of the Record with the Writ, nor no Recognizance shall be enroled after the year except it be upon special Order from the Lord Chancellor. 85. No writ of Exeat Regnum, prohibition, consultation, Statute of Northampton, Certiorari special, or Procedendo special, or Certiorari or Procedendo general more than one in the same cause; Habeas Corpus, or Corpus cum causa vi laica removend', or restitution thereupon De coronatore et viridario eligendo in case of a moving De Homine repleg. Assiz. or special Patent, Inde ballia amovend' Certiorari super presentationibus fact. coram comm ssariis Seward, or ad quod dampnum shall pass without warrant under the Lord chancellor's hand, and signed by him, save such Writs as Ad quod dampnum, as shall be signed by Master attorney. 86. Writs of privilege are to be reduced to a better Rule, both for the number of persons that shall be privileged, and for the case of the privilege: and as for the number, it shall be set down by Schedule: for the case it is to be understood, that besides parties privileged as attendants upon the Court, suitors and Witnesses are only to have privilege, eundo; redeundo, et morando, for their necessary attendance, and not otherwise; and that such Writ of privilege dischargeth only an Arrest upon the first process, 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 King's Courts. 88 No Recognizance of the good behaviour, and the peace taken in the Country, and certified into the petty-bag shall be filled in the year without Warrant from the Lord Chancellor. 89. Writs of nero exeat regnum are properly to be granted according to the suggestion of the Writ, in respect of attempts prejudicial to the King and State, in which case the Lord Chancellor will grant them upon prayer of any the principal Secretaries without cause showing, or upon such information as his Lordship shall think 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 interessed, or other cases that concern multitudes, if the King's Subjects also in case of duels and diverse others. 90. All Writs, Certificates, and whatsoever other process Ret. coram Rege in Canc. shall be brought into the chapel of the Rolls, within convenient time after the return thereof, and shall be there filed upon their proper files and bundles as they ought to be, except the Depositions of Witnesses, which may remain with any of the six clerks by the space of one year next after the cause shall be determined, by Decree, or otherwise be dismissed. 91. All Injunctions shall be enrolled, or the Transcript filled, to the end that if occasion be, the Court may take order to award Writs of Scire fac. thereupon, as in ancient time hath been used. 92. All days given by the Court to sheriffs to return their Writs, or bring their Prisoners upon Writs of privilege, or otherwise between party and party shall be filed, either in the Registers Office, or in the petty-bag respectively, and all recognisances taken to the King's use, or unto the Court, shall be duly enrolled in convenient time, with the clerks of the enrolment, and Calendars made of them, and the Calendars every Michaelmas term to be presented to the Lord Chancellor. 93. In case of suits upon the Commissions for charitable uses to avoid charge, there shall need no Bill, but only exceptions to the Decree, and answer forthwith to be made thereunto; and thereupon, and upon sight of the Inquisition, and the Decree brought unto the Lord Chancellor by the clerk of the petty-bag, his Lordship upon perusal thereof will give order under his hand for an absolute Decree to be drawn up. 94, Upon suit 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, lieutenant of the shire, 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 return of such opinion his Lordship will further order for the Commission to pass. 95. No new Commission of Sewards, shall be 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 bankrupt shall be granted but upon Petition first exhibited to the Lord Chancellor, together with names presented, of which his Lordship will take consideration, and always single some learned in the Law with the rest, yet so as care be taken that the same parties be not too often used in Commissions, and likewise care is to be taken that Bond with good surety be entered into in 200. pound at least to prove him a bankrupt. 97. No Commission of Delegates in any case of weight shall be awarded, but upon Petition preferred to the Lord Chancellor, who will name the Commissioners himself, to the end they may be persons of convenient quality, having regard to the weight of the cause, and the dignity of the Court from whom the appeal is. 98. Any man shall be admitted to defend in Forma pauperis upon oath, but for plaintiffs they are ordinarily to be referred to the Court, of Requests, or to the provincial counsels, if the case arise in the jurisdictions, or to some Gentlemen in the Country, except it be in some special 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 decays 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 loss did arise, if it were by fire, and the Counties that about upon 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 adjoining. 100 No exemplification shall be made of Letters Patent (Inter alia) with omission of the general words, nor of Records made void, or canceled, nor of the Decrees of this Court, not enroled, nor of depositions by parcel, nor of depositions in court, to which the hand of the examiner is not subscribed, nor of Records of the Court not being enroled or filed, nor of Records of any other Court, before the same be duly certified to this Court, and orderly filed here, nor of any Records upon the sight and examination of any copy in Paper, but upon sight and examination of the original. 101. And because time and experience may discover some of these Rules to be inconvenient, and some other to be fit to be added: therefore his Lordship intendeth in any such Case from time to time to publish any such Revocations or Additions. FINIS.