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.
(77) In case of contempts granted upon force, or ill words upon serving of process, or upon words of scandal of the court, proved by affidavit, the party is forthwith to stand committed. But for other contempts against the orders or decrees of the court, an attachment goes forth first upon 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, especially so far as proclamation of rebellion, are not to be here, neither in that suit nor any other, except the court of special grace suspend the contempt.
(79) Imprisonment upon contempt for matters passed 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, sequestrations, 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) No demurrer 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 one in the same cause; habeas corpus, or corpus cum causa, vi laica removend, - restitution thereupon, de coronatore et viridario eligendo in case of a moving de homine repleg. assiz., or special patent, inde ballivo amovend, certiorari super presentationibus fact, coram commissariis seward, or ad quod dampnum, shall pass without warrant under the Lord Chancellor's hand, and signed by him, save such writs as (of) 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 is to be understood that, besides parties 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 process; 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 supplicavit for the good behavior shall be granted but upon articles grounded upon the oath of two, at the least, or certificate of any one justice of assize, or two justices of the peace, with affidavit that it is their hands, or by order of the star chamber or chancery or other of the king's courts.
(88) No recognizance of the good behavior and 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 of the principal secretaries, without cause showing, 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 Cane, 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 thereupon, as in ancient time hath been used.
(92) All days given by the court to sheriffs to return their writs, or bring 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 recognizances taken to the king's use, or unto the court, shall be duly enrolled in convenient time with the clerks of the enrollment, and calendars made of them, and the calendars every Michaelmas term to be presentd to the lord chancellor.
(93) In case of suits upon the commissions for charitable uses, to avoid charge, there shall need no bill, but only exceptions to the decree and answer forthwith to be made thereunto; and thereupon, and upon sight of the inquisition, and the decree brought unto the lord chancellor by the clerk of the petty bag, his lordship, upon perusal thereof, will give order under his hand for an absolute decree to be drawn up.
(94) Upon suit for the commission of sewers, the names of those that are desired to be commissioners are to be preferred to the lord chancellor in writing; then his lordship will send the names of some privy counselor, lieutenant of the shire, justices of assize, being resident in the parts for which the commission is prayed, to consider of them, that they be not put in for private respects, and, upon the return of such opinion, his lordship will farther order for the commission to pass.
(95) No new commission of sewards shall be granted while the first is in force, except it be upon discovery of abuse or fault in the first commissioners, or otherwise upon some great and weighty ground.
(96) No petition of bankrupts shall be granted but upon petition first exhibited to the lord chancellor, together with names presented, of which his lordship will take consideration, and always single some learned in the law with the rest, yet so as care be taken that the same parties be not too often used in commissions; and likewise care is to be taken that bond with good surety be entered into, in two hundred pounds at least, to prove him a bankrupt.
(97) No commission of delegates in any case of weight shall be awarded but upon petition preferred to the lord chancellor, who will name the commissioners himself, to the end that they may be persons of convenient quality, having regard to the weight of the cause, and the dignity of the court from whom the appeal is.
(98) Any man shall be admitted to defend in forma pauperis upon oath; but for plaintiffs, they are ordinarily to be referred to the court of requests, or to the provincial counsels, if the case arise in the jurisdictions, or to some gentlemen in the country, except it be in some special cases of commiseration or potency of the adverse party.
(99) Licenses to collect for losses by fire or water are not to be granted but upon good certificate, and not for decays of suretyship, or debt, or any other casualties whatsoever; and they are rarely to be renewed; and they are to be directed unto the county where the loss did arise, if it were by fire, and the counties that abut upon it, as the case shall require, and, if it were by sea, then unto the county where the port is from whence the ship went, and to some counties adjoining.
(100) No exemplification shall be made of letters patent (inter alia) with omission of the general words; nor of records made void or canceled; nor of the decrees of this court not enrolled; nor of depositions by parcel; nor of depositions in court, to which the hand of the examiner is not subscribed; nor of records of the court, not being enrolled or filed; nor of records of any other courts, before the same be duly certified to this court, and orderly filed here; nor of any records upon the sight and examination of any copy in paper but upon sight and examination of the original.
(101) And, because time and experience may discover some of these rules to be inconvenient, and some other to be fit to be added, therefore his lordship intendeth, in any such case, from time to time to publish any such revocations or additions.