This section is from the book "Popular Law Library Vol7 Equity Jurisprudence, Trusts, Equity Pleading", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
(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 the 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 does not prove, then, upon certificate from either of the examiners presented to the lord chancellor, the cause shall be dismissed with costs, and a procedendo to be granted.
(21) No injunction to stay suits at the law shall be granted upon priority of suit only, or upon surmise of the plaintiff's bill only, but upon matter confessed in the defendant's 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, then 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 defendant's 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 defendant sits all the process of contempt and cannot be found by the sergeant at arms, or resists 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, then an injunction for the possession.
(28) Injunctions against felling of timber, plowing up of ancient pastures, or for the maintaining of in-closures, 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, 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 defendant's 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, interrupted, 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 a 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.
(33) Suits after judgment 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 judgment shall contain no words to make void or weaken the judgment, 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 case.
(35) The registers are to be sworn, as hath been lately ordered.