Page images

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 absence out of the realm at the trial.

74. No witnesses shall be examined after publication, except it be by consent, or by special order, “ad informandam conscientiam 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 be taken or adınitted by any master of the chancery, tending to the proof or lisproof of the title,or matter in question, or touching che merits of the cause; neither shall any such mater be colourably inserted in any

affidavit for serving of process.

76. No affidavit shall be taken against affidavit, is far as the masters of the chancery can have knowedge ; and if any such be taken, the latter affidavit hall not be used nor read in court.

77. In case of contempts grounded upon force or Il words, upon serving of process, or upon words of candal of the court, proved by affidavit, the party is orthwith to stand committed ; but for other con.



tempts against the orders or decrees of the court, an attachment goes forth, first, upon an 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, or fail in the proof of the contempt, then 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 heard, neither in that suit, nor any other, except the court of special grace suspend 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, sequestration, 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. Nodemurrer shall be overruled upon petition.

84. No “scire facias” shall be awarded upon recognizances not enrolled, nor upon recognizances enrolled, unless it be upon examination of the record with the writ; nor no recognizance shall be enrolled after the year, except it be upon special order from the lord chancellor.

85. No writ of “ ne exeat regnum," prohibition, consultation, statute of Northampton,“certiorari” special, or “ procedendo” special, or“ certiorari” or “procedendo” general, more than once 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,“ de ballivo amovend', certiorari super præsentationibus fact. coram commissariis sewar," or“ ad quod dampnum," shall pass without warrant under the lord chancellor's hand, and signed by him, save such writs “ 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 persons 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


but yet, where at such times of necessary attendance the party is taken in execution, it is a contempt to the court, and accordingly to be punished.

87. No "suplicavit” for the good behaviour shall be granted, but upon articles grounded upon the oath of two at the least, or certificate upon any one justice of assize, or two justices of the peace, with affidavit that it is their hands, or by order of the starchamber, or chancery, or other of the king's courts.

88. No recognizance of the good behaviour, or the peace, taken in the country, and certified into the petty bag, shall be filed in the year 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 prejudicial to the king and state, in which case the lord chancellor will grant them upon prayer of any the principal secretaries without cause shewing, 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 interlopers in trade, great bankrupts, in whose estate many subjects are interested, or other cases that concern multitudes of the king's subjects, also in case of duels, and divers 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 filed, to the end that if occasion be, the court may take order to award writs of “ scire facias" there. upon, as in ancient time hath been used.

92. All days given by the court to sheriffs to return their writs, or bring in their prisoners upon writs of privilege, or otherwise between party and party, shall be filed, either in the register's office, or in the petty-bag respectively; and all recognisances taken to the king's use, or unto the court, shall be July inrolled in convenient time, with the clerks of the inrollment, and calendars made of them, and the calendars every Michaelmas term to be presented to che lord chancellor.

93. In case of suits upon the commissions for haritable uses, to avoid charge, there shall need no bill, but only exceptions to the decree, and answer orthwith to be made thereunto; and thereupon, and ipon sight of the inquisition, and the decree brought into the lord chancellor by the clerk of the pettyag, his lordship, upon perusal thereof, will give rder under his hand for an absolute decree to be

rawn up:

« PreviousContinue »