The works of Francis Bacon, lord chancellor of England.

ORDINANCES IN CHANCERY. 483
but if it be any thing that doth not appear upon l the commissioners, or else in divers rolls, whererecord, the plea must be upon oath. of each one shall be so subscribed.
59. No plea of outlawry shall be allowed with- 69. If both parties join in commission, and
out pleading the record 1" sub pede sigilli;" nor upon warning given the defendant bring his conplea of excommunication, without the seal of the missioners, but produceth no witnesses, nor miordinary. nistereth interrogatories, but after seek a new
60. WThere any suit appeareth upon the bill to commission, the same shall not be granted: but,
be of the natures which are regularly to be dis- nevertheless, upon some extraordinary excuse of
missed according to the fifteenth ordinance, such the defendant's default, he may have liberty
matter is to be set forth by way of demurrer. granted by special order to examine his witnesses
61. Where an answer shall be certified insuffi- in court upon the former interrogatories, giving
cient, the defendant is to pay costs: and if a second the plaintiff or his attorney notice, that he may
answer be returned insufficient, in the points before examine also if he will.
certified insufficient, then double costs, and upon 70. The defendant is not to be examined upon
the third treble costs, and upon the fourth quadru- interrogatories, except it be in very special cases,
ple costs, and then to be committed also until he by express order of the court, to sift out some
hath made a perfect answer, and to be examined fraud or practice pregnantly appearing to the
upon interrogatories touching the points defective court, or otherwise upon offer of the plaintiff to be
in his answer; but if any answer be certified concluded by the answer of the defendant without
sufficient, the plaintiff is to pay costs. any liberty to disprove such answer, or to impeach
62. No insufficient answer can be taken hold him after a perjury.
of after replication put in, because it is admitted 71. Decrees in other courts may be read upon
sufficient by the replication. hearing without the warrant of any special order:
63. An answer to a matter charged as the de- but no depositions taken in any other court are to
fendant's own fact must be direct, without saying be read but by special order; and regularly the
it is to his remembrance, or as he believeth, if it court granteth no order for reading of depositions;
be laid down within seven years before; and if except it be between the same parties, and upon
the defendant deny the fact, he must traverse it the same title and cause of suit.
directly, and not by way of negative pregnant; as 72. No examination is to be had of the credit
if a fact be laid to be done with divers circum- of any witness but by special order, which is
stances, the defendant may not traverse it literally sparingly to be granted.
as it is laid in the bill, but must traverse the point 73. Witnesses shall not be examined ", in perof substance: so if he be charged with the receipt petuam rei memoriam," except it be upon the
of one hundred pounds, he must traverse that he ground of a bill first put in, and answer thereunto
hath not received a hundred pounds, or any part made, and the defendant or his attorney made acthereof; and if he have received part, he must set quainted with the names of the witnesses that the
forth what part. plaintiff would have examined, and so publication
64. If a hearing be prayed upon bill and to be of such witnesses; with this restraint, neveranswer, the answer must be admitted to be true theless, that no benefit shall be taken of the depoin all points, and a decree ought not to be made, sitions of such witnesses, in case they may be
but upon hearing the answer read in court. brought " viva voce" upon the trial, but only to
65. Where no counsel appears for the defendant be used in case of death before the trial, or age,
at the hearing, and the process appears to have or impotency, or absence out of the realm at the
been served, the answer of such defendant is to trial.
be read in court. 74. No witnesses shall be examined after pub66. No new matter is to be contained in any lication, except it be by consent, or by special
replication, except it be to avoid matter set forth order, "6 ad informandam conscientiam judicis,"
in the defendant's answer. and then to be brought close sealed up to the
67 t1l copies in chancery shall contain fifteen court to peruse or publish, as the court shall
lines in every sheet thereof, written orderly and think good.
unwastefully, unto which shall be subscribed the 75. No affidavit shall be taken or admitted by
name of the principal clerk of the office where it any master of the chancery, tending to the proof
is written, or his deputy, for whom he will or disproof of the title, or matter in question, or
answer, for which only subscription no fee at all touching the merits of the cause; neither shall
shall be taken. any such matter be colourably inserted in any
68. All commissions for examination of wit- affidavit for serving of process.
nesses shall be " super interr. inclusis" only, and 76. No affidavit shall be taken against affidavit,
no return of depositions into the court shall be as far as the masters of the chancery can have
received, but such only as shall be either com-'knowledge; and if any such be taken, the latter
promised in one roll, subscribed with the name of I affidavit shall not be used nor read in court.