The works of Francis Bacon, lord chancellor of England.

484 ORDINANCES IN CHANCERY.
77. In case of contempts grounded upon force out warrant under the lord chancellor's nand, and
or ill words, upon serving of process, or upon signed by him, save such writs ", ad quod dampwords of scandal of the court, proved by affidavit, num," as shall be signed by Master Attorney.
the party is forthwith to stand committed; but, 86. Writs of privilege are to be reduced to a
for other contempts against the orders or decrees better rule, both for the number of persons that
of the court, an attachment goes forth: first, upon shall be privileged, and for the case of the privian affidavit made, and then the party is to be lege: and as for the number, it shall be set down
examined upon interrogatories, and his examina- by schedule: for the case, it is to be understood,
tion referred; and if, upon his examination, he that besides persons privileged as attendants upon
confess matter of contempt, he is to be committed; the court, suitors and witnesses are only to have
if not, the adverse party may examine witnesses privilege 6 eundo, redeundo, et morando," for
to prove the contempt: and, therefore, if the con- their necessary attendance, and not otherwise;
tempt appear, the party is to be committed; but, and that such writ of privilege dischargeth only
if not, or if the party that pursues the contempt do an arrest upon the first process, but yet, where at
fail in putting in interrogatories, or other prosecu- such times of necessary attendance the party is
tion, or fail in the proof of the contempt, then the taken in execution, it is a contempt to the court,
party charged with the contempt, is to be dis- and accordingly to be punished.
charged with good costs. 87. No " supplicavit" for the good behaviour
78. They that are in contempt, specially so far shall be granted, but upon articles grounded upon
as proclamation of rebellion, are not to be heard, the oath of two at the least, or certificate upon any
neither in that suit, nor any other, except the court one justice of assize, or two justices of the peace,
of special grace suspend the contempt. with affidavit that it is their hands, or by order of
79. Imprisonment upon contemhpt for matters the Star Chamber, or chancery, or other of the
past may be discharged of grace, after sufficient king's courts.
punishment, or otherwise dispensed with: but, 88. No recognisance of the good behaviour, or
if the imprisonment be for not performance of any the peace, taken in the country, and certified into
order of the court in force, they ought not to be the petty bag, shall be filed in the year without
discharged except they first obey, but the con- warrant from the lord chancellor.
tempt may be suspended for a time. 89. Writs of 6 ne exeat regnum" are properly
80. Injunctions, sequestration, dismissions, to be granted according to the suggestion of the
retainers upon dismissions, or final orders, are not writ, in respect of attempts prejudicial to the king
to be granted upon petitions. and state, in which case the lord chancellor will
81. No former order made in court is to be grant them upon prayer of any of the principal
altered, crossed, or explained upon any petition; secretaries without cause showing, or upon such
but such orders may be stayed upon petition for a information as his lordship shall think of weight:
small stay, until the matter may be moved in but otherwise also they may be granted, according
court. to the practice of long time used, in case of inter82. No commission for examination of wit- lepers in trade, great bankrupts, in whose estate
nesses shall be discharged; nor no examinations many subjects are interested, or other cases that
or depositions shall be suppressed upon petition, concern multitudes of the king's subjects, also in
except it be upon point of course of the court first cases of duels, and divers others.
referred to the clerks, and certificate thereupon. 90. All writs, certificates, and whatsoever other
83. No demurrer shall be overruled upon pe- process 6"ret. coram Rege in Cane." shall be
tition. brought into the chapel of the rolls, within con84. No " scire facias" shall be awarded upon venient time after the return thereof, and shall be
recognisances not enrolled, nor upon recognisances there filed upon their propex files and bundles as
enrolled, unless it be upon examination of'the re- they ought to be; except the depositions of witcord with the writ; nor no recognisance shall be nesses, which may remain with any of the six
enrolled after the year, except it be upon special clerks by the space of one year next after the
order from the lord chancellor. cause shall be determined by decree, or otherwise
85. No writ of "6 ne exeat regnum," prohibition, be dismissed.
consultation, statute of Northampton, "6 certiorari" 91. All injunctions shall be enrolled, or the
special, or 1" procedendo" special, or "6 certiorari" transcript filed, tothe end that, if occasion be, the
or " procedendo" general, more than once in the court may take order to award writs of " scire
same cause; "habeas corpus,"' or ",corpus cum facias" thereupon, as in ancient time hath been
causa, vi laica removend," or restitution there- used.
upon, 6" de coronatore et viridario eligendo," in 92. All days given by the court to sheriffs to
case of a moving "6 de homine repleg. assiz." or return their writs, or bring in their prisoners upon
special patent, ", de ballivo amovend', certiorari writs of privilege, or otherwise between party and
super proesentationibus fact. coram commissariis party, shall be filed, either in the register's office,
sewar'," or "' ad quod dampnum," shall pass with- or in the petty-bag respectively; and all recogni