The works of Francis Bacon, lord chancellor of England.

ORDINANCES IN CHANCERY. 479 learning out of your books, not out of your 9. That your hands, and the hands of your brain. hands, I mean those about you, be clean and un2. That you should mix well the freedom of corrupt from gifts, from meddling in titles, and your opinion with the reverence of the opinion of from serving of turns, be they of great ones or your fellows. small ones. 3. That you should continue the studying of 10. That you contain the jurisdiction of the your books, and notto spend on upon the old stock, court within the ancient merestones, without re4. That you should fear no man's face, and yet moving the mark. not turn stoutness into bravery. I 1. Lastly, that you carry such a hand over 5. That you should be truly impartial, and not your ministers and clerks, as that they may so as men may see affection through fine carriage, rather be in awe of you, than presume upon you. 6. That you should be a light to jurors to open These and the like points of the duty of a judge their eyes, but not a guide to lead them by the noses. I forbear to enlarge: for the longer I have lived 7. That you affect not the opinion of pregnancy with you, the shorter shall my speech be to you: and expedition by an impatient and catching knowing that you come so furnished and prepared hearing of the counsellors at the bar. with these good virtues, as whatsoever I shall say 8. That your speech be with gravity, as one of cannot be new unto you; and, therefore, I will the sages of the law: and not talkative, nor with say no more unto you at this time, but deliver you impertinent flying out to show learning. your patent. ORDINANCES MADE BY THE LORD CHANCELLOR BACON, FOR TIIE BETTER AND MORE REGULAR ADMINISTRATION OF JUSTICE IN THE CHANCERY, TO BE DAILY ORSERVED, SAVING THE PREROGATIVE OF THE COURT. No decree shall be reversed, altered, or ex- for evidences, that the evidences be brougrht in; plained, being once under the greatseal, but upon and so in other cases which stand upon the bill of review: and no bill of review shall be strength of the decree alone. admitted, except it contain either error in law, 4. But if any act be decreed to be done which appearing in the body of the decree, without extinguisheth the parties' right at the common farther examination of matters in fact, or some law, as making of assurance or release, acknownew matter which hath risen in time after the ledging satisfaction, cancelling of bonds, or evidecree, and not any new proof which might have dences, and the like; those parts of the decree been used when the decree was made: never- are to be spared until the bill of review be detertheless, upon new proof, that is come to light mined; but such sparing is to be warranted by after the decree made, and could not possibly have public order made in court. been used at the time when the decree passed, a 5. No bill of review shall be put in, except bill of review may be grounded by the special the party that prefers it enter into recognisance license of the court, and not otherwise. with sureties for satisfying of costs and damages 2. In case of miscasting, being a matter de- for the delay, if it be found against him. monstrative, a decree may be explained, and 6. No decrees shall be made, upon pretence ol reconciled by an order without-a bill of review; equity, against the express provision of an act of not understanding, by miscasting, any pretended parliament: nevertheless, if the construction of misrating or misvaluing, but only error in the such act of parliament hath for a time gone one auditing or numbering way in general opinion and reputation, and after 3. No bill of review shall be admitted, or any by a later judgment hath been controlled, then other new bill, to change matter decreed, except relief may be given upon matter of equity, for the decree be first obeyed and performed: as, if cases arising before the said judgment, because it be for land, that the possession be yielded; if the subject was in no default. it be for money, that the money be paid; if it be 7. Imprisonment for breach of a decree is ir

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Title
The works of Francis Bacon, lord chancellor of England.
Author
Bacon, Francis, 1561-1626.
Canvas
Page 479
Publication
Philadelphia,: A. Hart,
1852.
Subject terms
Bacon, Francis, -- 1561-1626.

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"The works of Francis Bacon, lord chancellor of England." In the digital collection Making of America Books. https://name.umdl.umich.edu/aje6090.0002.001. University of Michigan Library Digital Collections. Accessed June 13, 2025.
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