Pray on the Commons in this present Parliament assembled, That where the King our sovereign lord, of his most gracious disposition, willeth and intendeth indifferent justice to be had and ministered according to his Common laws, to all his true subjects, as well to the poor as rich, which poor subjects be not of ability ne power to sue according to the laws of this land for the redress of injuries and wrongs to then done daily, as well concerning their persons and their inheritance, as other causes; For remedy whereof, in the behalf of the poor persons of this land, not able to sue for their remedy, after the course of the common law; be it ordained and enacted your highness and by the lords spiritual and temporal, and the Commons, in this present Parliament assembled, and by authority of the same, That every poor person or persons, which have, or hereafter shall have cause of action or actions against any person or persons within this realm, shall have by the discretion of the Chancellor of this realm for the time being, writ or writs original and writs of subpoena, according to the nature of their causes, therefore nothing paying to your highness for the seals of the same, nor to any person for the writing of the same writ and writs to be hereafter sued; and that the said chancellor for the time being shall assign such of the clerks which shall do and use the making and writing of the same writs, to write the same ready to be sealed, and also learned Counsel and Attornies for the same, without any reward taken therefore: And after the said writ or writs be returned, if it be afore the King in his Bench, the Justices there shall assign to the same poor person or persons, counsel learned, by their discretions, which shall give their Counsels, nothing taking for the same: And likewise the Justices shall appoint Attorney and Attornies for the same poor person or persons, and all other officers requisite and necessary to be had for the speed of the said suits to be had and made, which shall do their duties without any reward for their counsels, help, and business in the same: And the same law and order shall be observed and kept of all such suits to be made afore the King's Justices of his Common place, and barons of his exchequer, and all other Justices in the Courts of record where any such suit shall be.

See also pages 559, 560, and 561 of Leslie Thompson's compilation of the English statutes.

   One desiring of obtaining the benefit of this Statute, and to be admitted to sue in forma pauperis, must apply by petition addressed to the Judge of the Court in which the suit is to be commenced, which must be accompanied by an affidavit that he is not worth ?0? ?£?, all his debts being paid, except ?wearing? ?apparel? and has right to the matter in question; and also by a certificate of counsel, that he concurs the petition hath good cause of action. Prac. Abr. tit. Pauper, A. The same process is necessary to entitle prosecutors to prosecure in forma pauperis. Rex v. Clarke, 3 Burr. R. 1308. The affidavit must be made by the party himself, not by a third person. Wilkinson v. Belsher, 2 ?Bro.? ?Ch.? R. 272.
   The admission to sue in forma pauperis may be either at the commencement of the suit, or afterwards prudente lite. Blood v. See, 3 ?Wils.? R. 24. Saughley v. Blackerby, Andrews R. 306. Jones v. Peers, ?McLlel? ??? R. 282.
   And a person so admitted to sue, can only do so in that cause for which he is admitted; if any other cause arises, he must apply de novo to be admitted; so, the admission in one Court is not binding on the officers of another Court; therefore if an issue from Chancery, where plaintiff has been admitted to the benefit of the Statute, comes to be tried in K. B. he must be there also. Bacon Abr. tit. Pauper, A. Gibson v. McClarty, Lee's Ca. temp. ?Hardm?. 311.
   There is no instance in the Courts of Common law of any one being allowed to defend in forma pauperis in a civil action.. Bagley's Prac. ?61? but it seems a person may be admitted to defend, in forma pauperis, an indictment for a misdemeanor, such as conspiracy, keeping disorderly house, tc. Rex v. Wright, 2 Stra. R. 1041. So, on an indictment for perjury. Rex v. Page, 1 Donl. C. 507. And one convicted of perjury, and outlawed for forgery, was allowed to plead a pardon in forma pauperis. Rex v. Morgan, 2 Stra. R. 124. A defendant upon an attachment for contempt will not be admitted so to defend. Rex v. Pearson, 1 ?Burr?. R. 1039.
   If it appear that the plaintiff has no meritorious cause of action, as if he sues for a penalty on a penal statute, the Court will not admit him to sue as a pauper; and if admitted, will discharge the order. Ha??? v. Johnson, 1 Young ?? Rep. 10. And, by order of Court, if the party so admitted give any fee or reward to his attorney or counsel, or make any contract or agreement with him, or if he has otherwise sold or cotracted for the benefit of the suit, he shall be dispaupered, and will not afterwards be admitted in that suit to prosecute in forma pauperis. Bac. Abr. tit. Pauper, (C).
   If the pauper have property descend to him after cause tried, yet he shall not pay costs. Ibid.
   It is said of the plaintiff become dispaupered, or nonsuit, the usual course is to tax the costs against him, and, if not paid, to whip him, but Holt, C.J. (in 2 Salk. R. 506) said he has no officer for that purpose, and never knew it done. Ibid.
   See also as to the subject generally, 2 Judd. B. 97, 99, 749, 759. See the Statute 23 Hen. 8. c. 15. § 2. ante. title "Costs."