THE Attourneys Academy: OR, THE MANNER AND Forme of proceeding practically, vpon any Suite, Plaint or Action whatsoeuer, in any Court of Record whatsoeuer, within this KINGDOME: ESPECIALLY, IN THE GREAT COVRTS AT Westminster, to whose motion all other Court of Law or Equitie; as well those of the two Pro­uinciall Counsailes, Those of Guild-Hall London; as Those of like Cities and Townes Corporate, And all other of Record are diur­nally mooued. With the Moderne and most vsuall Fees of the Officers and Ministers of such Courts. Publisht by his MAIESTIES speciall priuiledge, AND Intended for the publique benefit of all His Subiects.

Summum hominis bonum, bonus ex hac vita exitus. THO: POVVELL Londino-Cambriensis.

LONDON, Printed for Beniamin Fisher: and are to be sold at his Shop in Pater-noster Row, at the Signe of the Talbot. 1623.

[...]
Which, if hee do deny, my comfort is,
my Shipwracke shall haue noble Witnesses,
I sinke not in a Ditch, nor by the Shore,
But dye and lye at Neptunes Palace doore.
'Tis thou alone that bear'st the Triple Mace,
canst, in the very speede of all their chase,
Restraine their pursuite; doe but keepe in awe
their nimble, neate Nereides of the Lawe;
Charge Aeolus (as hee does honour thee)
hee doe not dis-imbulke his cheekes at mee.
I haue done nothing to offend thy Traine,
rauish't Amemone (as the Poets faine)
Nor sought to rob the Sea-gods bed of Corall,
I meane Lawes mysteries: (For that's the Moral.)
If this be so, vouchsafe mee thy Protection,
that I may bring this Worke vnto perfection.
Then will I sing thy Fortune and thy Fame,
and proue, that Williams from the Troians came▪
Shew, where his Auncestors long since did build
a Seate, which hitherto their Name haue filld.
Now may that Name and Honour ne're expire,
but in a melting Firmament of Fire.
Lutum Inmanu Fictoris: THOMAS POVVELL.

TO TRVE NOBILITIE AND TRYDE LEARNING, BEHOLDEN To no Mountaine for Eminence, nor Supportment for his Height, FRANCIS, Lord Verulam, and Viscount S t. Albanes.

O Giue me leaue to pull the Curtaine by,
That clouds thy Worth in such obscuritie,
Good Seneca, stay but a while thy bleeding,
T'accept what I receiued at thy reading:
Heere I present it in a solemne straine,
And thus I pluckt the Curtaine backe againe.
The same THOMAS POVVELL.

T. N. In Commendation of this VVorke:

TIs good, 'Tis common good, what would you more?
It will be more good, when there is more store.
— Pueri, Sacer locus est, extra meite.

TO THE READER.

Sta, Lege, Plora,
Prome (precor) ora.

FRIENDLY Reader, Thy Religi­on and Zeale to common good, may somewhat stead, but not secure me: For, if thou beest but a temperate man in this age, wherein the Pla­nets themselues are so extreamly distempered, the Ayre is sicke of their disease, and the lower bodies doe all complaine, and are shaken with the same feauer; Thy calme and plyable con­stitution:

Vnlesse thou be superlatiue & superstitious in the faith and profession of Publique Weale, thou shalt be [Page] too too innerued to meete the priuie malice of those who are only studious of priuate profit; Or to make vp me and my good meaning to the generall aduan­tage.

Thou maist easily conceiue, that my a [...]me is not leuelled at any Lucratiue Land-marke, seeing no en­deuour can afford a more mercilesse and immercena­rie returne th [...]n this: To which, the pitie of my poore Country-men did impresse and send mee foorth in the first ranke, to be exposed vnto the most danger: Which, with all other difficulties in the Attempt, I haue receiued with the one hand, and cast away with the other: I haue [...]uer held it more honour and happines to hu [...]le my selfe head-long into the flaming Temple, then to ensafe me in the midst of the muti­nous Schimeonites.

  • 1. Indeed, I must confesse, That myselfe was the most vnworthy and vnable of many to vndergo this Taske:
  • 2. That I haue waded thus farre, without calling of those of the Mysterie to my guidance:
  • 3. It may be, that I haue stept besides the common Causway, and trespassed pedibus ambulando vppon some mens Inclosure:
  • 4. Perhaps I haue sometimes erred, and mis set the Needle of my Compasse:
  • 5. And admit I haue not trauelled so far as the Seas offered Passage and Passe port vnto me.
  • 1 All this is easily answered: For you must vn­derstand, That the necessitie of the Voyage did im­barke [Page] me, when in all this age past before vs, no one (how able s [...]euer) would vndergoe the discouerie: None would, or will preferre the Prayer of posteri­tie, before the purch [...]se of the present.
  • 2. I knew not whom to trust or call to Guide, lest I should betray the whole Voyage.
  • 3. Beyond the Pole of Property, I care not in what Streame my Keele leaues her dinted impression.
  • 4. Beyond the Line, the old Compasse is to be laid by, and the new one is to be vsed.
  • 5. I haue trauelled as farre as the Victuall and Tackle, which I was able to prouide with my ready flocke, would beare me. And it shall be held a­mongst all well-affected English Seafarers, worthy the hazard, charge, and time bestowed vpon it, In regard that I haue in this leading discouery set forth where the way lyes for farther Nauigation, to driue a Trade euen to the vtmost confines of those parts, and to make perfect and perpetuall commerce be­tweene vs and them.

The like are my endeauours for the s [...]tling and e­stablishing of a certaine course of compliance betwen the Officers and Ministers of our Lawes and their Clients, which would distinguish and set apart the vnlearned and vnconscionable crue, from those whose endowments of acquision, and indeerements of conscience, and innated composition speakes them farre more worthy.

For my faults of deficience, I am not ashamed to inuite the supply of those who haue the aduantage of [Page] breeding in their particular Offices on their sides, if▪ they will afford it.

For my faults of Insufficiency, I doe not blush at them: Barnardus non videt omnia: Hee that knowes most in the practice of the Lawes, knowes most how impossible it is with the single qualitie of any one man liuing, to reduce the infinite differing parcels of this Account, into a perfect and certaine Summe at the first collation or calculation thereof.

For my Printers faults of all kindes, I giue him kindly to your mercy.

Would you haue me now to leaue all vndone, be­cause some part cannot bee done to perfection at the first?

Will you blame me for those few imperfect quid­libets, without whose company and fellowship, so ma­ny vsefull quodlibets with which the ensuing Trac­tate is forced, had neuer beene able to hold out so teadious a Iourney.

Surely, whatsoeuer you bee that shall doe it, I must tell you, that the Million Multitude will re­pute and report you for a second Alexander, not the Conquerour, but the Copper-Smith; not famous for triumph, but for Trade, Not Alexander who in his greatnesse would be worshiped as a God him­selfe; but Alexander who in his leather Apron would haue the very Puppits which his hand rough-hu­ed, drawe an adoration and reuerence amongst the people.

Good Alexander, do not feare thy trading,
Peruse me not, though thou deny thine ayding▪
I aske but ayde of Patience and of Time,
To frame and finish this poore worke of mine:
To make, to mend, to perfect and to polish,
What Allexanders wisedome thinks so folish.
To the rest, I rest As iealous of your loues, as zealous of your liking, THO. POVVELL.

THE ATTOVRNEYS ACADEMY.
The manner of proceeding in the CHANCERIE.
THE CHANCERIE.

NOtwithstanding the prac­tice heere before this time hath bin, That no Sub poena should be sued forth of the Court of Chancerie, without a Bill of Complaint first ex­hibited. Yet laterly, for the ease of all Suitors and Sub­iects, it hath beene thought good, that euery man may haue a Sub poena out of the same Court, without any Bill first exhibited.

[Page 2]This Sub poena is the leading processe of this Court, by which the party Defendant against whom the Complaint is intended, is summoned and required to appeare, and make answere to the Complainant, vnder a certaine paine, and at a certaine day to come.

The dayes of Returne heere, are the vsuall Returnes, as in the ordinary Almanack, Or else a Sub poena may bee returnable at a certaine day, after any the sayd vsuall Returnes, or the great Feast dayes, from whence the Returnes take their denomination, So that you must adde ( Prox.) in place where cause shall require.

As if the Feast Day be to come: Then it must be, Prox. Futur. in vnum mensem▪

But if the Feast day bee past, then it must be a die Paschae in vnum mensem prox. futur.

And the like to other Returnes, before or after other Feast dayes.

The Sub poena being by the Complaynant or some other by him appoynted, serued, and retur­nable in manner (as aforesayd:) The Complai­nant hath lliberty to put in his Bill, vntill the day following the fourth day after euery the sayd Returne (if the Sub poena bee returnable vpon the certaine Returne day.)

And you must account the Returne day, and the fourth day after it, for two of the sayd foure dayes.

And if the Bill bee not fyled on the next day [Page 3] after the sayd fourth day: The Defendants At­tourney (hauing the Sub poena or Labell thereof, wherewith the Defendant was serued, Or an Oath that the Sub poena was serued) hee may get fitting Costs in euery such case.

When the Defendant hath so got Costs, he may haue a Sub poena whereby to commaund the Complaynant, presently vppon the sight thereof, to pay the defendant or the bringer ther­of, the sayd costs; (as aforesayd.) And if the com­playnant do refuse to pay the sayd costs, ac­cordingly: Then the Defendant may, vppon af­fidauit made, that the Sub paena for costs was ser­ued, haue an Attachment directed to the She­riffe of the county, to attach the Complaynant therefore.

And vpon returne made by the Sheriffe, that the Complaynant cannot bee found, an Attach­ment with Proclamation may bee sued forth a­gainst the complaynant.

And that Proclamation beeing likewise retur­ned by the Sheriffe (as aforesayd.

Then a Commission of Rebellion may bee sued forth against the complaynant.

But on the contrarie side, if the Complainant do put in his Bill, And the Defendant appeareth not, the next day after the costs day.

Then the Complainant (vpon Oath made that the Defendant was serued with a Sub paena) may haue an Attachment, and farther Processe vpon [Page 4] like Returnes, (as in case aforesayd.)

Where note, that the party which maketh Oath that hee serued the Sub poena: Or that the Sub poena was serued, must sweare as followeth.

That he deliuered the Sub poena to the Defen­dant.

Or he shewed the Sub poena to the Defendant, and deliuered to him a note of the day of his appearance.

Or hee left the Sub poena at the Defendants dwelling house, where the Defendant most abi­deth.

Or hee shewed the Sub poena at the Defen­dants dwelling house to his Wife, or some of his seruants, and there left the Labell of the Sub poena, or a note of the day of his appea­rance.

Or hee must sweare that he heard the Defen­dant confesse that he was serued with Sub poena.

And if the Defendant do appeare within the time limited.

Then the Complainants Attourney may giue vnto the Defendants Attourney, on the said day after the Costs day, a Rule, that the Defendant do make answere to the Complaynants Bill, by the same day seuen night then next to come. This Rule and day giuen, must bee entred into the Register.

And if the Defendant do not answere by the prefixed day so entered.

[Page 5]Or if hee doe not otherwise satisfie the Court by sufficient cause and occasion of the delay:

Then the Complainants Attourney may take forth an Attachment against the Defendant.

The Causes whereby the Defendant may satisfie the Court of his sayd delay in answere, are these for the most part. (viz.)

HE cannot make direct answere, without sight of his Euidences or VVritings which are in the Country:

Or hee cannot answere without conference had, first with some person named in the sayd Bill▪

Or with some person whom the matter toucheth:

Or that the Defendant is not able to trauell.

Of euery which reasons aforesayd, Oath must be made.

ANd vpon Oath so made:

Or by an especiall motion made for this purpose:

The Defendants Attourney may procure a [Page 6] Dedimus potestatem, directed to certayne com­missioners in the countrey, to take the defendants answere there.

And the cause whereupon this Dedimus potesta­tem is granted, must be entred into the Register.

So likewise in case where the defendant doth not answere within the limited time, and an At­tachment is therefore awarded against him: The Clerke which maketh the same Attachment, must enter it into the Register; shewing the cause wherefore it was granted.

But if no day bee giuen to the defendant to answere: Then the defendant hath liberty to an­swere at any time during the Terme.

And if hee doe it not within that time: Then an Attachment may bee sued foorth against him of course. And the same, with the cause thereof, must bee entred into the Register: ( viz.) That the defendant appeared, and departed without answere.

If the Sub paena bee returnable so neere vnto the end of the Terme, that there cannot bee a day gi­uen to the defendant to answere, hee must at his perill answere by the same day seuen-night fol­lowing the day of his apparance, although it bee in the Vocation. For the Chancerie is alwayes o­pen.

If the Sub paena bee Returnable on the last Returne day of the Terme it selfe: Then the defendant is at Libertie to appeare the first [Page 7] returne of the Terme Following:

But if it be a day certaine, although the same bee the last day but one of the Terme, yet the Defendant must appeare, and answere by that day seuen-night, next Following the sayd Appa­rance.

If the Sub paena bee returnable immediately, though it be serued on the last day of the Terme, so it bee serued before the rising of the Court; The Defendant must also appeare and answere, by the same day seuen-night.

And if the defendant make Oath, that hee cannot answere without Writings, &c. or con­ference with some other person: Or if hee haue a dedimus protestatem, and Commssion to make his Answere: Hee must, at his perill, procure his Answere to bee put in, before the day after the first Costs day of the next Terme Follow­ing; vnlesse it be Trinity Terme: And then, and in such case, it must be put in the second day: or else the complainants Attourney may, vpon such default, make an Attachment against the de­fendant, and enter the same into the Register, for that hee hath not Answered by the day pre­fixed.

Or in other case, That he appeared, and depar­ted without Answere: Or otherwise, That he did not returne the dedimus potestatem at the day pre­fixed, &c. and as the case shall require.

And though the custome hath bin heretofore, [Page 8] That by reason that the Defendant may abuse this liberty giuen to him (as aforesayd) in delay­ing the Complaynant by Demurrer in Law: No such Demurrer should bee allowed; yet is now permitted, That the Defendant may, by his Answere returned by Dedimus potestatem, De­murre in Lawe: For that hee, not appearing in person at the first, his Counsaile in his absence may not Demurre, though the Complainants Bill bee insufficient: Because euery Demurrer must bee deliuered into the Court by the De­fendant in proper Person, and not by his At­tourney, except in Cases where the defendant is not able to appeare in Person. In which Cases it is vsed; That the defendant may deli­uer his Demurrer to the Commissioners: Who, though they bee by the expresse words of their Commission, to receiue the defendants Answere vppon his Oath: yet, if the defendant deny to answere, they are to certifie the same, with the reasons by him alleadged, wherefore hee will not answere vpon Oath; leauing the same to the con­sideration of the Court: And they are to take and returne such Answere as the defendant shall deliuer vnto them.

But where the Defendant hath before ap­peared, and taken coppy of the Complaynants Bill, and hauing had conference with his Coun­sayle therevpon, is by him resolued that hee can­not make a direct Answere, by reason of some [Page 9] matter in the sayd Bill layd to his charge, which hee cannot cleare without fight of Euidences, VVritings, or Conference with some Person; There is no reason, that after [...]ime so giuen to the Defendant, from the day of his Appearance, vntill the beginning of the next Terme following he should be admitted to demurre to the Com­playnants Bill:

For if there had beene any cause of Demur­rer, Hee might haue demurred at the day giuen him to Answere; So that the Complaynant might haue had time to haue had the opinion of the Court, whether the Demurrer were good, or not.

So, if the Defendant, after such time so taken, doe demurre in Lawe; The Complaynant shall haue an Attachment of course, as though no an­swere at all had beene put in: The sayd Attach­ment is to be entred thus, ( viz.) For that the de­fendant hath not answered by the day to him gi­uen, therefore an Attachment, &c.

Vpon the returne of this Attachment, hee may haue the like Proces as aforesayd.

And in case where there be more Defendants, e­uery defendant shal be punished alike, for his owne like offence;

Except in case where a Sub poena is granted a­gainst a man and his Wife: In which case a man shall bee vnder punishment for his VViues Of­fence.

[Page 10]For if a man bee serued with a Sub poena in London against him and his Wife, (shee being in the Countrey) yet if hee doe not satisfie the Court, by some of the courses before mentio­ned, as well for his Wife, as for himselfe (hee bee­ing here in person (an Attachment shall be gran­ted against him and his Wife, as though he had neuer appeared, which Attachment shall be en­tred; For that A. B. VVife vnto C. D. hath not answered according to a day to them prefixed: Therefore an Attachment is awarded against C. D. and A. B. his wife.

If the Complaynant dye, his Heyre or Execu­tor, who hath the interest of the thing whereof hee complayneth, may put in a Bill of Reuiuor a­gainst the Defendant, his Heyre or Executor, as the case shall require.

Also, It is to bee remembred, that if the Complaynant Exhibite his Bill against a Man and his VVife, for matter which wholly con­cerneth the VVife: VVhereunto they make An­swere, and after answere made, the man dyeth, The Complaynant cannot proceede in that suite against the VVoman, without a Bill of Reuiuor, because the woman shall not bee constrayned to stand to that Answere, which shee together with her Husband, or solely (as Wife vnto the Man) made to the Complaynant, for that shee was then vnder Couerture.

And after her husbands death (she being sei­zed [Page 11] or possessed of the thing in Controuersie as in her former estate) may (if shee please) make a new answere, and shall neuer bee bound or con­cluded by the Answere which shee made in her Husbands life-time, or that shee was then vnder Couerture. And yet (if shee so please) shee may stand to that former answere of hers, and proceed in that suite accordingly.

But if the Complainant exhibite a Bill against a feme sole, whereunto she maketh answere, and afterwards marrieth, the Complainant may pro­ceed against her Husband and her, without any Bill of Reuiuor: And her husband shall be bound by that answere which she made before marriage, because shee shall not be admitted to take aduan­tage of her owne act.

VVhere (on the contrary) if a feme sole exhi­bite her Bill of Complaint, wherevnto the Defen­dant answereth, and afterwards she taketh an hus­band, her husband and shee shall not proceede a­gainst the Defendant, without a bill of reuiuor; because her suite is abated by her owne act, where­of the Defendant may take aduantage.

And if a Man and his Wife exhibite a bill of complaint, whereunto the Defendant answereth, and the man dyeth, the woman shall bee at her choyce whether she wil exhibite a new bill, or pro­ceede vppon the Former: And the Defendant shall be bound to his Answere made to the Man and his VVife.

[Page 12]Also, if two seized of ioynt estate; or two Executors of one Testament; Or two Obligors or Obligees Exhibit a Bill of complaint, where­vnto the defendant answereth, and one of them dyeth;

The Suruiuor of them may proceed against the defendant, without any Bill of Reuiuor.

And in all cases where a Bill of Reuiuor is re­quisit, after the sayd Bill exhibited, and a Sub pae­na serued on the Defendant to that purpose: The Complainant shall be in the same case, as he for his Predecessors was, at the time when the cause of reuiuor accrewed, vnlesse the Defen­dant shall appeare vppon the sayd sub paena, and by way of answere shewe good cause to the con­trary: which cause must be, That the Complay­nant in the Bill of reuiuor, is not Heyre, or Exe­cutor, nor standeth in the like case, nor hath the like interest, or the like cause of complaint, as be­fore in the Former suite:

And no other cause is to be allowed.

If the Complaynant exhibit his Bill of com­plaint, for Title of any Lands, not of the yearely value of Forty shillings: And the same be proued by Affidiuit, or deposed, the defendant shall be dismissed.

Also, if the defendant demurre to any B [...]ll ex­hibited against him, or disclayme: The Complai­nant cannot reply:

For if the defendant be called vp by sub paena, [Page 13] ad Reiungendum, hauing before made no other answere, but a Demurrer or a Disclaymer, hee shall haue costs for vniust vexation.

But after the Defendant hath answered, the complaynant hath liberty all that Terme to Re­ply at pleasure.

And if hee Reply not that Terme: The De­fendants attoturney may giue to the complay­nants Attourney a seuen-nights day in the time of the next Tearme following to Reply, which day beeing past, and no Replication brought in; On the day then next after it, the Defendant may haue costs, as in case of a Bill to bee reco­uered.

But if the complaynants Replication be put into the Court, the defendant can haue no costs allowed vnto him.

But then the defendant may, if he will, Re­ioyne gratis to the Replication, and enforce the complaynant to go to commission.

Or else he may haue commission to examine Witnesses on his owne part against the complay­nant, and shall haue the carriage thereof.

This commission shall bee directed to Foure such persons as the defendant shall name, Or to any three or two of them, without any warning to be giuen to the complaynant.

But if in this case the complaynant will, hee may ioyn in commission, and haue the carriage of it himselfe.

[Page 14]And then he must name two indifferent Com­missioners: and the Defendant must name the like: (which being agreed vppon) The Com­playnant must giue to the Defendant foureteene dayes warning, of the day and place, when, and where the sayd commission shall bee executed.

This warning must be giuen, either by himselfe in person, Or else left in writing, at the house or place; where the Defendant doeth most re­side.

The complaynant in all cases of commission to examine Witnesses, shall haue the first choyce of commissioners, and carriage of the commission and for his releife.

He shall examine Witnesses, in all these cases following: (viz)

FIrst vppon a Bill by him preferred to exa­mine Witnesses in perpetuall memorie of the matter, to commaund the defendant either by himselfe, or by his Attourney to ap­peare immediately: And within Fourteene dayes to shew cause why the Complaynant should not examine Witnesses (in perpetuall memory.)

And if the defendant do thereuppon appeare by himselfe, or his Attourney, and shew good [Page 15] cause to the contrary, such as the court shall al­low, then the complaynant shall not examine any Witnesses in perpetuam rei memoriam, or perpe­tuall memory.

But if hee do shew no sufficient cause, nor ioyne in commission with the complaynant, then the complaynants Attourney must preferre sixe commissioners names to the Lord Keeper, or the court, &c. Foure of the which, or Foure such o­ther, as the Lord Keeper or the court shall ap­poynt, shall be set downe for commissioners, and a commission for the complaynant shal be made forth, and directed to the sayd Foure commis­sioners, or any three, or two of them, to examine Witnesses, according to certaine Articles heere­tofore set downe in Chancerie, which witnesses are neuer to be published, during their liues, vn­lesse Oath be made.

That the complaynent hath some triall where­in he should giue them in Euidence.

That the Witnesses are not able to trauell to the place where the tryall should be▪

Or the party Defendant will consent there­vnto.

Neither can they be giuen in Euidence against any other, but against the party which was cal­led, to shew cause why the said Witnesses should not be examined, or some other, clayming vnder him by some interest which accrewed vnto them, after the Bill preferred by the complai­nant [Page 16] for the examination of Witnesses.

It is also vsed, that either party, after the Bill is exhibited, and Answere made thereunto, may examine Witnesses in court here before one of the Examiners.

But the complaynant can haue no commis­sion to examine his Witnesses, vnlesse, and before the Defendant bee serued with a Sub poena ad Re­iungendum: Which Sub Poena must bee serued in such manner as is before mentioned.

And then vppon Afidauit made of the seruing thereof, the complaynant (if the Defendant ap­peare not that Terme) shall haue a commission di­rected to foure such commissioners as himselfe shall name, or to any three or two of them, for the examination of witnesses on his part, against the defendant, without any warning to be giuen to the defendant.

Vppon the returne of the sayd Sub paena ad re­iungendum, the complaynant may giue to the de­fendant a new Reioyne, (viz.) the same day seuen­night.

By which time, if the defendant do not reioyne he shall lose the benefit thereof.

And when that day so giuen to reioyne, is past, the complaynant may giue two ordinarie dayes, ( viz.) two Returnes, for the defendant to produce his witnesses, and then a Peremptorie day.

Before which day past, if the defendant doe [Page 17] come in, hee may haue a Commission to exa­mine witnesses of course, without any motion; but hee shall lose the benefit of Reioynder: And the Complaynant, if hee please to ioyne in the Commission, shall haue the carriage of it, giuing to the Defendant foureteene dayes warning, of the day and place, when and where the sayd Commission shall be executed.

In the ioyning of this Commission, The Complainant must first name one Commissioner, vnto whom the Defendant may giue generall ex­ception:

The Defendant must name the second;

The Complaynant the third,

And the Defendant the fourth.

The Common exceptions which bee giuen to Commissioners, are these, (viz.)

THat the Commissioner named, is of Kin­dred or Allyed to the party, for whom he is named:

That hee is a Master to the party:

That he is a Land-lord vnto him:

Or a Partner vnto him:

Or haue suite in Law with the aduerse party to him, by and for whom hee is named:

[Page 18]Or is of Counsayle, an Attourney, or a Fol­lower of the cause of the one party:

Or one to whom the party is indebted:

Or any other apparant cause of partiality, or siding with eyther party.

And it is commonly vsed, that eyther party may giue exception to one, and they seldome giue exception to any more then one, on eyther party.

If the Complainant make default, and procure not the Commission to bee executed: Then the Defendants Attourney may renue the sayd Com­mission to the former Commissioners; and the Defendant shal haue the carriage thereof (Giuing to the complainant foureteene dayes warning, of the day and place, when, and where it shall bee executed.)

And yet neuerthelesse, the complaynants At­tourney may, if the complainant will, renue the sayd commission also, and giue the like warning also vnto the Defendant.

Vpon the execution of eyther of which Com­missions, and returne whereof; eyther of them may giue to the other a day, to shewe cause why Publication should not be granted.

The day so giuen, is one weeke; which being expired, and no cause shewed to the contrary; Then publication is granted; and neyther par­tie can examine any Witnesses afterwards, vn­lesse it be by especiall order of the Court; which [Page 19] is neuer granted, without an Oath made, that the party which requireth the same, nor any of them, hath seene, or bin made priuy to any exa­mination of any the VVitnesses formerly exami­ned in this Court by eyther of the parties: And some good cause be showne, eyther by Oath, or certificate of commissioners, why the party could not get his sayd VVitnesses examined within the time limited for their examination.

In which case, sometimes, the Court giueth order to examine VVitnesses by a time prefixed, at the parties perill, with this Prouiso, That the party shall not in the meane time see the sayd for­mer examination.

And sometimes the Court giueth order, that the sayd party shall examine his VVitnesses, to in­forme the conscience of the Iudge onely, and not otherwise.

These Depositions are neuer publisht, but by especiall order or consent of the parties; but deli­uered to the Iudge, sealed vp by the Officer, vn­der whose custody they do remayne, to the end he may peruse them.

If any one be called by a Sub poena, to appeare in this Court: And vppon his appearance, the complainant or any other doth arrest him in any other Court; He shall haue a Super-sedeas to dis­charge the Action, because he must haue free go­ing and free comming.

But it is not so, if the complaynant bee arrested, [Page 20] except it be after issue is ioyned, and a day is gi­uen for the matter to bee heard. And the Com­playnant comming to the Court, with euidence to maintayne his cause, is arrested: The Court in this case shall defend him, and set him free to fol­low his suite.

But this is seldome seene: And hee that is Plaintiffe in the other Court, may declare a­gainst him heere Praesentem in curia, if hee please. See 37. Eliz.

If any one who hath Priuiledge in Chancerie, be arrested into another Court, in a ioynt-acti­on with his VVife, for matter concerning her: Notwithstanding the Couerture, shee shall not haue any benefit of priuiledge here. See Powles case.

If one who is priuiledged in another Court, as in the Kings Bench, Common pleas, or Exchequer, do arrest one of this Court, who is heere priui­ledgd as a Clerke, or otherwise: The Priuiledge heere (how soeuer it is in other cases sufficient to supersede the proceeding else-where) yet in this case I haue neuer seene it to preuayle against the other priuiledge.

For amongst like priuiledged men, most speede carries it away.

The Order made and ordained by Sir NICHOLAS BACON, Knight, Lord Keeper of the Great Seale, touching the Exa­mination of witnesses in perpe­tuam rei memoriam:) Dated the tenth of December, in the third yeare of the late Qu. Eliz. followeth.

FIrst the Commissioners shall examine no Witnesses, but such as bee aged and impo­tent.

Item, the complaynant, or party, who sueth forth the commission, shall giue warning by pre­cept from the commissioners, vnto the partie that should take preiudice by this examination, by the space of fourteene dayes at the least, of the time, and place; when, and where the said commissioners will sit vpon this commission.

And the same warning beeing so giuen: The commissioners are to bee satisfied by the Oath of the party complaynant, or of some other credible person, that warning is giuen accordingly, be­fore [Page 22] they shall proceed to the execution of their Commission.

Item, If the party Aduersant, or defendant, can shew before the Commissiouers good cause of exception, either against the Witnesses pro­duced by the complaynant, or any of them, Or against the commissioners themselues; Or o­therwise, then they shall cease and forbeare a­ny farther execution of the commission.

And the commissioners shall certifie aud re­turne the sayd causes, and execptions, vp with the commission.

Item, If the party aduersant cannot shew suffici­cient cause (as aforesaid) then the commissioners shall proceed to the examination of Witnesses; and the party Aduersant, or Defendants shal haue liberty to ioyne in the examination of the same Witnesses, or of any other likewise vpon Interro­gatories on his behalfe (if he thinke good.)

Item, The commissioners shall certifie in their returne of the commission, such acceptations as the defendant shall take against the proceeding in the same commission, and whether the defendant did appeare or no?

And if the Defendant did not appeare, they are likewise to certifie and returne, whether Af­fidauit were made of the giuing of warning by precept (as aforesand) or no?

Orders to bee obserued before the granting of Publication of the sayd Commission.

THe party who prayeth publication, shall first by himselfe, or some other, make Oath that the depositious of the same wit­nesses, are necessarily to be giuen in euidence on his behalfe.

Item, Oath also must bee made, that the same Witnesses be either dead, or so aged, or impotent as they cannot trauell to testifie ( viua voce) with­out danger of life.

Item, This Oath being so taken, a Master of the Chancerie must first open the Commission, and consider whether this Order before mention [...]d hath bin obserued in all poynts, wherein he being satisfied, publication is thereupon to bee granted.

Prouided alwayes, that no Depositions shal be giuen in euidence, but against those persons that were warned by precept (as aforesayd) or against their Heires or Assignes.

And prouided also, That after examination had, and taken (as aforesayd) And after Publica­tion had, and granted of the same examinati­ons: The party Aduersant, or Defendant, shall [Page 24] not bee admitted to haue any new examination on his behalfe, concerning the same matter.

Item, This Order is to bee obserued in case where the commission is ex parte quaerentis one­ly, and it is to bee engrossed in Parchment, and subscribed with the hand of the Register, and to bee annexed to euery of the sayd commissions, but not otherwise.

For if the Defendant ioyne, then these Articles shall not need.

The difference vsed betweene a Ioynt-Commission in the afore­sayd nature; And a Commission exparte, followeth.

THE Ioynt-Commission is made in forme, as all other generall commissi­ons to examine Witnesses, Super Inter­rogator. ministrand. bee, Adding to the end of the same, these words (viz.) in perpetuam rei me­moriam permansur.

The commission ex parte, is to haue these rules inserted vnder the Registers hand, and the com­missioners names are specially to bee assigned by the Lord Keeper, or Lord Chancellour for the time being.

Termino Michaelis, Anno Regni Eliz. Reg. Sext.

MEmorandum, That all Iniunctions granted for preseruation of possession, during the suite in the Court of Chancery▪ shall haue this clause & condition contayned in them ( viz.) That the party who prayeth possession, was in possession at the time of the Bill exhibited, and certaine yeares before; And that his intrest is not determined by forfeture, surrender, or other lawfull meanes.

And Bond must bee put in by the party who prayeth the possession, of the penalty of tenne pound, with condition that this Information aforesayd is true.

Item, that all Iniunctions granted for the stay of Suites at the common Law, shall haue this clause and conditon contained in them: ( viz.) That the same Suite desired to bee stayd, is for and concerning the same matter depending in this Court, and as we begunne at the common Law, after the Bill exhibited into this Court; and that Bond be put in (as aforesayd.)

Item, That no speeiall Certiorare doe passe without Bond first giuen, on the behalfe of the party who desireth the same▪ with condition, That the Bill exhibited containeth matter suffi­cient [Page 26] to beare a Certiorare, And that hee shall proue the contents of his Bill to be true, within fifeteene dayes after the returne of the Writ, ac­cording to the Order and course of this Court.

And that vppon the granting of euery Proce­dendo, the Bond aforesayd be remembred to the Lord Keeper.

Termino Trinitatis, Anno Regni Eliz. Reg. Septimo.

IT is ordered, that all Suites for no more then sixe acres of Land, or lesse, except the same bee worth forty shillings by the yeare.

And all Suites for matter vnder the value of tenne pounds, shall be dismissed this Court, for such cause onely proued. And this Court shall not retaine any such: But the party who bring­eth the same hither, shall pay costs to the defen­dant, as this court shall award.

Termino Michaelis, Anno Regno Eliz. Reg▪ Septimo.

IT is Ordered, that all Processe to heare Iudg­ment, bee returnable sixe or seauen dayes be­fore the day of Hearing, and not aboue, sa­uing in the beginning of the Terme, when [Page 27] the time will not permit so long warning.

And the said Writs must bee endorsed on the backside, with the very day appoynted for the hearing of Iudgment. And soe much for that Terme.

By the generall custome, and ancient vsage of this Court, all Bills shall be retayneable here, in case where the Equity of the cause requireth and beareth it, And wherein the Common Law doth affoord no releife, but rather pressure and rigiour.

After Publication once had, the Complainant may procure a day of Hearing of course, by such an one of the sixe Clerks as dealeth for him. And he may at the end of the Terme, when the Lord Keeper setteth downe the dayes of Hearings, pro­cure his hearing to bee set downe amongst those assigned for the next succeding Terme.

This was wont to bee the ancient course of procuring of Hearings, howsoeuer it was lately dis-vsed, And (as I take it) the same is now re­stored againe, to the good contentment of all Suitors in this Court.

The Order of Proceeding against such as refuse to obay his Ma­jesties Iniunctions, proceeding and issuing out of the Court of Chancerie.

FOr the breach of an Iniunction, there bee commonly three punishments, ( viz,)

One, that the Contemptor shall not bee in all the principall cause, till hee haue fulfilled the Iniunction in euery poynt.

Another, that hee shall not bee committed to Ward in the meane time, And there continue, till he doe conforme himselfe, and become obe­dient to the Iniunction.

The third, that hee shall fine to the King for his Contempt, as the Lord Keeper, or Lord Chan­cellour for the time being, shall please to award. And the Lord Keeper, or Lord Chancellour may depense heerein, as they shall finde cause and reason.

Item, If the Contemptor do not appeare vppon sight of the Iniunction, or not obey the same; but doth commit some Act in contempt or neg­lect thereof, Then vpon an Affidauit made of the seruing of the sayd Iniunction, There shall bee [Page 29] awarded an Attachment against the sayd Con­temptor, &c. as in the case of Proces before men­tioned and declared.

Item, If the Contemptor doe appeare, and hath not fulfilled and performed the Iniunction; and yet, at his comming doth offer to fulfill it, al­leaging that hee cannot do it here conueniently: Then the Lord Keeper, or Lord Chancellor vseth to appoint him a certaine day, within which hee must doe it: And so, vppon Bond taken of him, with Sureties, who are to vndertake, (in case his owne security be not held sufficient) that hee shall performe the Iniunction within the time gi­uen, or at the day to render his body to prison, there to remayne, till he hath fulfilled the same, Hee may be licensed to depart.

What I haue hitherto set downe, is desumed and collected out of the ancient Forme of pra­ctice and Orders of this Court of Chancery: I shall now deliuer, the orders and practice of latter times, most of which are agreeable with the former: some are de nour ordayned; and all are subiect to addition or alteration, as the Court shall thinke fitting, and done Salua Prerogatiua Curiae.

The Moderne Orders and Ordinan­ces of Chancery follow.

Affedauits.

NO Affedauit shall be admitted or taken, which shall tend to the proofe or dis­proofe of the Title or matter in question, or touching the merits of the cause:

Neyther shall any such matter bee colourably inserted, in any Affedauit to bee made touching the Seruing of Proces.

No Affedauit shall bee taken against Affedauit, so farre as the Master of Chancerie can discerne, or take knowledge, &c.

If any such bee taken, The latter shall not bee vsed or read in Court.

Contempts.

IN case of Contempts, granted vppon force, or ill words, vsed vpon seruing of Proces, Or o­ther words of Scandall, proued by Affedauit, the party is forthwith to stand committed:

But for other Contempts, against the Orders or Decrees of the Court:

[Page 31]First, an Attachment goes foorth vpon Affeda­uit made.

Then the party is to be examined vppon Inter­rogatories, and

His examination is to bee referred:

And if vpon examination, hee confesse matter of Contempt, he is to bee committed:

If hee confesse it not, The Aduerse party may examine VVitnesses, to proue the Contempt;

And if the Contempt appeare vppon proofe, the contemptor is to bee committed therefore.

But if the Aduerse party fayle to prooue the sayd Contempt, Or fayle to put in his Interro­gatories or other prosecution, Then the partie charged with the Contempt, is to bee dischar­ged with good costs.

They that are in Contempt, especially so farre as Proclamation of Rebellion, are not to bee heard neyther in that suite, nor in any other, except the Court of speciall grace, suspend the Contempt.

Imprisonment vppon Contempts for matters past, may be discharged of grace, after sufficient pu­nishment: Or it may be otherwise dispensed with­all in such case:

But if the Imprisonment bee for performance of any order of the Court in force: Then the Contemplator ought not to be discharged, except hee first obey: Only, the Contempt may bee sus­pended for a time.

Petitions.

NO Iniunctions, Sequestration, Dismissions, Retainer vppon Dismissions, or Finall Orders, shall bee granted vpon Petitions.

No former Order made in Court, is to bee al­tered, crossed or explayned, vppon any Petition; But such Orders may be onely stayd vppon Petiti­on, for a small time, till the matter may be moued in Court.

No Commissions for examination of Witnesses shall be discharged; Nor any examinations, or depositions of Witnesses, shall be suppressed vp­on Petition, vnlesse it be first referred, and Certi­ficate bee made thereupon.

No Demurrer shall bee ouer-ruled vpon any Petition.

Iniunctions.

INiunctions for possession or for stay of Suites af­ter verdict, are to bee presented to the Lord Keeper, or Lord Chancellor, beeing together with the Orders whereupon they goe forth; That his Lordship may take consideration of the Orders, before hee signe them.

No Iniunction of any nature, shall be granted, [Page 33] reuiued, dissolued, or stayd vpon priuate Petition.

No Iniunction to stay suites at the Common Law, shall bee granted vpon Prioritie of Suite onely.

Or vpon the Surmise of the Complainants Bill onely.

But vppon matter confessed in the Answere of the Defendant.

Or matter of Record.

Or writing plainely appearing.

Or when the Defendant is in Contempt for not answering.

Or when the dept desired to bee stayd, appea­reth to be old, and hath slept long.

The creditor and the debtor haue bin dead some good time, before the suite brought.

Where the Defendant appeares not, but sits an Attachment: Or when he doth appeare and departs without Answere, and is vnder attach­ment for not answering: Or where hee takes Oath, that he cannot answere without sight of Euidences in the Countrey▪ Or where after answere, hee sues at Common Law by Attour­ney: Or absents himselfe beyond Sea.

In all these cases, an Iniunction may be gran­ted, for stay of suites at the Common Law, vntil the partie answere, or appeare in person in Court, and the Court giue further order.

But neuerthelesse, vppon answere put in, if there bee no motion made the same Tearme, or [Page 34] at the next generall seale after the Terme, to continue the Iniunction, in regard, and vpon sug­gestion of the insufficiency of the Answere put in: Or in regard of the matter confessed in the Answere, then the Iniunction shall dye, and dis­solue, without any speciall order.

In the case aforesaid, where an Iniunction is to bee granted, for stay of Suites at the Common Law; If the like suites be in the Chancery, either by Scire facias, or by Priuiledge, or English Bill, Then the suite is to bee stayd by order of the Court, as it is in other Courts by Iniunction.

Where an Iniunction hath bin obtained for staying of Suites at the Common Law, and no prosecution is had by the space of three Termes afterwards: The Iniunction is to fall of it selfe, without farther motion.

Where a Bill comes in after an Arrest at the Common Law for a Debt, No Iniunction shall bee granted, without bringing the principall mo­ney into the Court, except there appeare in the Defendants answere, or by sight of Writings, plaine matter, tending to discharge the Debt in Equitie. But if an Iniunction be awarded, and dis­obeyed in that case. Then no money shall bee brought in, or deposited, in regard of the con­tempt.

Iniunctions for Possession are not to be granted before a Decree, but where the Possession hath continued by the space of three yeares past be­fore [Page 35] the Bill exhibited, and vpon the same Title, and not vpon any title by leaue, or determined.

In case where the Defendant sits all the proces of contempt, & cannot be found by the Sergeant at Armes, or resists the Sergeant, or makes res­cues, a Sequestration shall be granted of the Land in question, and if the Defendant do not render himselfe within the yeare, then an Iniunction shall be granted for the Possession.

Iniunctions against felling of Timber, Or plowing vp of ancient Pastures, or for the main­taining of Inclosures, or the like, shall bee gran­ted according to the circumstances of the case, but not in case, where the Defendant vpon his answere, claymeth a state of Inheritance, except it be where he claimeth the Land in trust, or vp­pon some other speciall ground.

Iniunctions shall bee inroled, or the Tran­scripts thereof be fyled.

Order.

VVHere any Order shall bee made against the generall Rules of the Court: There the Register shall plainely and expressely set down the particular reasons and grounds, mouing the Court to vary from the generall rule.

[Page 36]No Order of the publike court is alterable vpon Petition: vide in the Title Petition.

Register: Order.

The Registers are to bee sworne.

If any Order shall be made, and the court not informed of the last martiall Order former­ly made; No benefit shall bee taken by such Or­der, as being granted by abuse, and surreption: And to that end the Register ought duly to men­tion the last former Order in the present Order.

No Order shall be explayned vpon any Peti­tion, but onely in Court as they are made, and the Register is to set downe the Orders, as they are pronounced by the court, truely, at his pe­rill, without troubling the Lord Keeper, or Lord Chancellour; by any priuate attending of him, to explaine his meaning, And if any explanation be desired, It is to be done by publique motion, where the other party may be heard.

No draught of any order shall be deliuered by the Register to either party, without keeping of a copy by him: to the end that if the Order be not entred; Neuerthelesse, the Court may be enformed what was formerly done, and not be put to a new trouble, and to the end also, that knowledge of Orders be not kept back too long from either party, but may presently appeare at the Office.

[Page 73]Where a cause hath beene debated vpon hea­ring of both parties; And opinion hath been de­liuered by the Court; and neuerthelesse, the cause referred to Treaty: The Registers are not to omit the opinion of the Court in drawing of the Order of Reference, except the Court doe spe­cially declare, That it is to be entred without any opinion eyther way.

In which case, neuerthelesse, the Registers are out of their short Notes, to draw vp some more full remembrance of that which passed in Court, to informe the Court if the cause come backe, and cannot be agreed.

The Registers vppon deliuerie of the draught of any Order, vnto the counsell of cyther party, are not to respect the interlineations, or alterati­ons of the sayd counsell (be the sayd counsell ne­uer so great) further then as to put them in re­membrance of that which was truely deliuered in Court; and so to conceiue the Order vppon their Oath and duty, without any other or farther re­spect.

The Registers are to be carefull in the penni [...] and drawing vp of Decrees; And especially in mat­ters of difficulty and weight: And therefore when they present the same to the Lord Keeper or Lord Chancellour, They ought to giue him vnderstan­ding which are such Decrees of weight, that they may bee read and reuiewed, before his Lordship signe them.

Decrees.

THe Decrees granted at the Roles, are to be presented before the Lord Keeper, or Lord Chancellour for the time being, with the Order whereupon they are drawne, within two or three dayes after euery Terme.

NO Drecree shall be reuersed, altered, or ex­plained, being once vnder the Great seale but vpon Bill of Reuiewe, and no bill of Re­uiewe shall be admitted, except it be vpon error in Law, appearing in the body of the Decree, without farther examination of matters in Fact, or he shal shew some new matter which hath risen in time after the Decree, and not any new proofe which might haue bin vsed when the Decree was made.

Neuerthelesse, vpon new proofe which is come to light since, and after the Decree made, & could not possibly haue bin vsed at the time when the Decree passed, a Bill of Reuiew may be granted by the speciall Licenee of the Court, and not other­wise.

In case of mis-casting, being a matter Demon­stratiue, a Decree may be explained, and reconci­led by an order without Bill of Reuiewe.

[Page 39]Where note, that by the word Mis-casting, is not intended any pretended Mis-casting, or mis­valuing, but onely errour in the Auditing, or numbring.

No Bill of Reuiewe shall be admitted, or any other new Bill to change matter decreed, ex­cept the Decree bee first obtained, and perfor­med: And if it bee for Land, that the possession be yeelded: If it be for money, that the money be paid, If it be for euidence, that the euidence be brought in; and so in other cases which stand vpon the strength of the Decree alone.

But if any act bee desired to be done, which extinguisheth the parties right at the Common Law (as making of Assurance or Release: Ac­knowledging of satisfaction, Cancelling of Re­cords or Euidence, and the like) Those parts of the Decree are to bee spared, vntill the Bill of Re­uiewe bee determined: But such sparing is to be warranted by publique Order made in Court.

No Decree shall be made vpon pretence of e­quitie, against the expresse prouision of an Act of Parliament.

Neuerthelesse, if the construction of such act of Parliament, hath for a time gon one way in generall opinion and reputation; and after by a latter iudgment hath beene controled: Then Releife may be giuen vpon matter of equity, for cases arising before the sayd Iudgment: because the subiect was in no default.

[Page 40] Imprisonment for breach of a Decree is in na­ture of an Execution, and therefore the custodie ought to bee straight, and the party not to haue any liberty to go abroad, but by speciall license of the Lord Keeper, or Lord Chancellour being: But no close imprisonment is to bee but by ex­presse order for willfull and extraordinary Con­tempts and disobedience (as hath beene vsed.)

In case of obstinate disobedience, in the breach of a Decree, an Iniunction is to be granted Sub poena of a summe: and vppon Affedauit, or other sufficient proofe of persisting in contempt, Fines are to bee pronounced by the Lord Kee­per, or Lord Chancellour in open court, and the same are to bee estrated downe into the Hanna­per by speciall order.

In case of a Decree made for the possession of Land, a Writ of Execution goeth forth, and if that bee disobeyed; Then Processe of Contempt, according to the course of the Court, is to goe forth against the person, vnto the commission of Rebellion; and then a Sergeant at Armes by speciall Warrant: and in case the Sergeant at Armes cannot finde him, Or he bee resisted, Or if he vppon his commitment do persist in his diso­bedience, an Iniunction is to be granted for the possession, and in case that it also bee disobeyed, Then a commission is to bee made to the She­riffe, to put his aduersary into possession.

Where the party is committed for breach of a [Page 41] Decree, Hee is not to be enlarged, vntill the De­cree bee fully performed in all things which are to bee done presently.

But if there be other parts of the Decree to bee performed at dayes or times to come: Then hee may bee enlarged by order of the Court, entring into Recognizance with Sureties for the perfor­mance de futuro, but not otherwise.

Where causes come to hearing in Court; No Decree bindeth any person, who was not serued with Proces ad audiendum Iudicium, according to the course of the court; Or did appeare gratis in the Court.

No Decree bindeth any one that commeth in bona fide, by Conveyance from the Defendant before the Bill exhibited; And is made no party eyther by Bill or by Order.

But where hee comes in Pendente lite, and while the Suite is in full prosecution, and without any colour of allowance, or priuity of the Court; There regularly the decree bin­deth:

But if there were any intermission of suite; Or the court were made acquaynted with the con­ueyance, The Court is to giue order vppon the speciall matter, according to Iustice.

VVhere a Decree is made for a Rent to bee payd out of Land; Or a summe of money to bee leuied vppon the profits of Land; There a Sequestration of the same Land beeing in the [Page 42] Defendants hands, may bee granted vppon the Decree.

Where the Decree of the Prouinciall counsailes; Or the Court of Requests, or the like, are by contumacy or other meanes interrupted: There the Court of Chancery, vppon a bill preferred for corroboration of the Decrees of that Iurisdiction, shall giue remedy.

Where any cause comes to Hearing heere, which hath beene formerly Decreed in any other of the Kings Courts of Iustice at Westminster; Such Decree shall be first read; and then this court shall proceede to heare the rest of the euidences on both sides.

Decrees vppon Suites brought after Iudge­ment, shall containe no words to make voyde, or weaken the Iudgement: But shall onely correct the corrupt conscience of the Party, And rule him to make Restitution, of to per­forme other acts, according to the equity of the cause.

Bill of Reuiewe.

DEcrees are not to bee reuersed, altered, or ex­playned, beeing once vnder the Great Seale, but vppon Bil of Reuiewe.

Bill of Reuiewe shall not bee admitted, except the Decree bee first obeyed and performed.

No Bill of Reuiewe shall bee put in, except the [Page 43] party that preferres it, enter into Renognizance, with Sureties for the satisfying of Costs and Da­mages for the delay, if it bee [...]ound against him.

Reference, Report.

NO Reference vppon a Demurrer, or question touching the Iurisdiction of this Court, shall bee made to the Maisters of the Chance [...]y, But such Demurrer shall be heard and ruled in the Court, or by the Lord Keeper or Lord Chancellor himselfe.

For the confirming or ratifying of any Report, No Order shall bee made, without day to bee gi­uen, by the space of a Seuen-night (at least) to speake vnto it in Court.

No Reference shall bee made to any Maister of the Court, or any other Commissioner or Com­missioners, to heare and determine, where the cause is gone so farre as to examination of Wit­nesses: Except it bee in especiall cases of Parties neere in blood, or of extreame pouerty, Or by consent:

And generally, References of the state of the cause, are to bee sparingly granted; except it bee by consent of the parties.

No Report shall bee respected in Court, which exceedeth the Warrant of the Order of reference which leadeth it.

[Page 44]The Maisters of the Court are required, that by Report they doe not certifie the estate of the cause; as if they would make Breuiates of the E­uidence on both sides, which doth little ease the Court; But that they doe it with some opinion; Or otherwise, in case they thinke it too doubt­full, to giue opinion therein; And thereuppon they are to make such speciall Certificate; and the cause is to goe on to a Iudiciall hearing, without respect had to the same.

If both parties consent to a Reference for the examination of Accompts, to make the Cause more ready for hearing, it may bee granted. But generally, matters of Accompt excepting in ve­ry weighty Causes, are not fit for the Court, but are to bee prepared by Reference, with this prouision neuerthelesse; That the Causes come first to a Hearing, and vppon the entrance into a Hearing, they may receiue some direction, and bee turned ouer to bee considered and prepa­red.

The like course of Reference is to bee taken for the examination of Court Rolles, vppon any Customes; and the Copies shall not bee refer­red to any one Master, but to two Masters at the least.

No Reference shall be made of the Insufficiency of any Answere, without shewing of some parti­cular points of the defects thereof; And not vp­pon surmize of the Insufficiency generally.

[Page 45]Where a Trust is confessed by the Defendants answere, there needeth no farther hearing of the cause, but a Reference presently to be made of the Accompts, and so they are to go on to the hea­ring of the accompts.

Dismission.

WHere causes are dismist vpon full Hea­ring, and the Dismission signed by the Lord Keeper or Lord Chancelour, such causes shall not be retained againe, neither shall a­ny new Bill be admitted, except it be vppon new matter, like vnto the case of the Bill of Reuiewe.

In case of all other Dismissions, which are not vppon Hearing of the Cause, If any new Bill bee brought, the Dismission is to be pleaded; and after Reference and Report of the Conents of both Suites, and consideration taken of the cause or causes of the former Dismission; The Court shall rule and order the Retyning or Dismission of the new Bill, according to Iustice and the na­ture of the case.

All suites grounded vpon VVills Nuncupatiue, Leases paroll, Or vppon Long Leases, that tend to the defeating of the Kings Tenures, Or for the establishing of the Perpetuities, Or granted vp­pon Remainder ouer vnto the Crowne, to defeate purchasers; Or for Brocage, or Rewards to [Page 46] make mariages, Or for bargaine at play; o [...] VVa­gers for bargaines for Offices, contrary to the Statute of the Second of Edward the sixt; Or vppon contracts for Vsu [...]ie or Symony, are Regu­larly to be dismissed vpon motion, if they bee the whole matter of the Bill; and there be no speci­all circumstances to moue the Court to allow them a proceeding.

And all Suites vnder the value of ten pouuds, are regularly to be dismissed.

Dismissions are properly to be payed and had, either vppon hearing, or vpon Plea vnto the Bill, when the cause comes first into the Court.

But Dismissions are not to bee prayed after the parties haue bin at charge of examination of wit­nesses, except it be vpon speciall cause.

If the Complainant discontinue prosecution, after all the Defendants haue answered, aboue the space of one whole Terme, the cause is to be dismissed of course, without motion.

But after Replication is put in, the cause is to bee dismissed without motion and order of the Court.

For double vexation, the cause may bee dis­missed.

Where causes are remoued by speciall Certi­orare, vppon a Bill containing matter of equitie, The Complaynant is vppon receipt of his writ, to put in Bond to proue his suggestions within foureteene daies after the receipt, which if he do [Page 47] not proue, then vpon certificate from either of the Examiners, presented to the Lord Keeper or Lord Chancellor, the cause shal be dismist with costs, and a Procedendo shall be granted.

Demurrer.

DEmurrers and Pleas which tend to the dis­charging of any Suite, shall bee heard first vpon euery day of Orders, that the Sub­iect may know, whether he shall need to giue fur­ther attendance or no.

A Demurrer is properly vpon matter defectiue contained in the Bill it selfe: or forraigne matter.

But a Plea is of forraigne matter, to discharge or stay the Suite, (as)

That the cause hath bin formerly dismist.

That the Complainant is vtlawed.

That the Complainant is excommunicate.

That there is another Bill depending for the same cause,

Or the like.

And such Plea may bee put in without Oath, in case where the matter of Plea appeares vppon Record, but if it bee any thing which doth not appeare vpon Record, then the Plea must be put in vpon Oath.

No Vtlary shall be allowed, without pleading the Record sub pede Sigilli: Nor Plea of Excom­munication [Page 84] without the Seale of the Ordinary.

Where any suite appeareth vppon the Bill to bee of the nature of any of those which are Regu­larly to be dismissed, according to the Order be­fore mentioned, the said Order is to be set forth by way of Demurrer.

Answere.

WHere an Answere shall be certified to be insufficient, The Defendant is to pay costs.

And if a second Answere be returned insuffi­cient in the poynts before certified for insuffici­ent, then he shall pay double costs.

And vpon the third like case, treble costs.

And vpon the fourth, quadruple costs, and then to be committed also till he shall haue made a per­fect and sufficient answere, and he shall be exami­ned vpon Interrogatories, touching the poynts de­fectiue in his answere.

But if any answere be certified to bee sufficient, then the Complainant is to pay costs.

No insufficiencie of answere can bee taken hold of, after Replication put in, because it is admitted for sufficient by the Replication.

An answere to a matter charged as the Defen­dants owne fact, must bee direct, without saying that It is to his remembrance, or as hee beleeueth, [Page 49] If it bee layd downe to bee done within seauen yeares before.

And if the Defendant do deny the Fact: Then he must trauerse it directly, and not by way of Ne­gatiue pregnant.

As if a fact be layd to be done with diuers cir­cumstances; The Defendant may not Trau [...]rse it literally, as it is layd in the Bill: But he must Tra­ue [...]se the poynt of substance.

So as if hee bee charged with the receipt of an hundred pounds; He must Trauerse that he hath not receiued an hundred pounds, or any part thereof. And if he haue receiued any part of it, he must set downe what part hee hath receiued.

If a Hearing bee payed vpon Bill and answere: The answere must bee admitted to bee true in all points.

And a Decree ought not to be made, but vppon hearing of the answere read in Court.

Where no Counsaile appeares for the Defen­dant at the Hearing; and the Processe appeares to haue beene serued; the Answere of such Defen­dant is to be read in Court.

No new matter is to bee contayned in any Re­plication, except it be to auoyde matter set forth in the Defendants Answere.

Other things Promiscuously layd to­gether.

ALL Coppies in Chancery shall contayne fifteene Lines in euery Sheete thereof, written orderly, and vnwastefully, vnto which shall bee subscribed the name of the prin­cipall Clerke of the Office where it is written, or his Deputies name, for whom hee will answere. For which onely Subscription, no Fee at all shall bee taken.

All Commissions for Examination of Wit­nesses, shall bee super Interrogatorij inclusis, or In­terrogtaories inclosed onely: And no returne of Depositions into this court shall bee receiued; but such onely, as shall be eyther comprised in one Roll, subscribed with the names of the Commis­sioners; or else in diuers Rolles, whereof each one shall bee so subscribed.

If both parties agree in a commission, And vppon warning giuen, the Defendant bringeth his commissioners, but produceth no Witnesse, nor Ministreth Interrogatories, but afterwards seekes a new commission, the same shall not bee granted.

But neuerthelesse (vppon some extraordinarie excuse made for the Defendants default, hee may [Page 51] haue liberty granted vnto him by his especiall or­der to examine his Witnesses in court, vpon the former Interrogatoris, giuing to the complainant or his Attourney notice that he may examine also if hee will.

The Defendant is not to bee examined vppon Interrogatories, except it bee in very speciall ca­ses, by expresse order of the court, to sift out some fraud or practice, pregnantly appearing to the Court: Or otherwise vppon Offer of the com­playnant, to be concluded by the answere of the Defendant, without any liberty farther to dis­prooue such answere, or to impeach him after­wards of Perjury.

Decrees made in other courts, may bee read vpon Hearing, without any Warrant by speciall order.

But no Depositions taken in any other Court, are to be read but by especiall order.

Regularly the Court granteth no Order for reading of for [...]eigne Depositions; except it bee betweene the same parties, and vppon the same Title or cause of suite.

No examination is to be had of the credit of a­ny Witnesse; but by speciall order, which is like­wise sparingly to be granted.

Where it shall appeare the complaynant had not cause of suite, he shall pay to the Defendant his vtmost costs, to be assessed by the Court.

If any Bill, Answere, Replication, or Reioyn­der [Page 52] shall bee found of an immoderate length, both the party who put it in, And his Counsell vnder whose hand it past, shall bee fined by the Court.

If there be contayned in any Bill, Answere, or other Pleading, or any Interrogatory; any mat­ter lybellous, or slanderous against any person that is not party to the suite, or against such as are parties to the suite vppon matter impertinent, or in Derogation of the setled Authority of any of his Maiesties Courts; Such Bills, Answeres, Pleadings, or Interrogat [...]ries, shalbe taken off the Fyle, and supprest; And the parties shall bee se­uerely punished by commitment, or Ignominy, as [...]hall be thought fit for his abuse of the Court: And the Coun [...]aylors at Law who shall set their hands to the same Bills, Answeres, Pleadings, or Interrogatories, shall likewise receiue reproofe, or punishment, if cause bee.

No Scire facias sha [...]l bee awarded vpon Recog­nizances not inrolled, Nor vppon Ren [...]gnizances inrolled, vnlesse it bee vppon examination of the Record with the Writ,

No Recognizances shall bee enrolled after the yeare, except it bee vppon speciall order of the Lord Keeper or Lord Chancellour beeing.

No Writ of Ne exeat regna, Prohibition, Con­sultation, Statute of Northampton; Certiorare spe­ciall, or Procedendo speciall, or Certiorare, or Procedendo generall, more then once in the [...]ame [Page 53] cause; Nor Habeas Corpus, or Corpus cum causa, De vi [...]aica amouenda, or Restitution therevpon, Or de Coronatore & viridario elegendo, De homi­ne replegia [...]do, Assistas speciall, De bellino amo­uendo, Certiorares super praesentationibus factis co­ram Commissionar. Sewars, or ad quod damnum, shall passe without warrant vnder the hand of the Lord Keeper or Lord Chancellour, beeing signed by the one of them, Excepting onely such writs o [...] ad quod damnum, as shall be signed by his Ma­iesties Attourney Generall.

Writs of Priuiledge would bee reduced to a good and fitting rule, for number of persons pri­uiledged, and the case of Priuiledge.

The number would be set downe by Schedule.

For the case, It is to bee vnderstood, That be­sides the persons priuiledged as Attendants vp­pon the Court; Suitors and Witnesses are onely to haue priuiledge eundo, redundo, & morando, for their necessary attendance, and not other­wise. And that such VVrits of priueledge doe onely discharge an Arrest vppon the first Pro­cesse.

And yet where the partie is taken in execu­tion at time of necessary attendance here required It is to be taken as a contempt to this Court, and accordingly to be punished.

No Supplitauit for the Good behauiour shall be granted, but vpon Articles grounded vpon Oa [...]h at least, or vpon a Certificate of any one Iustice [Page 45] of Assize, or two Iustices of the Peace, with Oath that it is their hands, Or it may bee gran­ted by order of the Starre-Chamber, or Chancerie, or other of the Kings Courts.

No Recognizance of the good behauiour and the Peace taken in the country, and certified into the Petty-Bagge, shall bee fyled within the yeere, without speciall Warrant.

Writs of Ne exeat regna, are properly to bee granted, according to the suggestion of the Writ; In respect of Attempts, preiudicial to the King and State: In which cases, the Lord Kee­per, or Lord Chancellour will grant them, vppon the prayer of any of the Principall Secreta­ries, without cause shewing; Or vppon such In­formation as his Lordship shall thinke to bee of weight.

But otherwise also they may bee granted ac­cording to the ancient practise vsed in case of Interlop [...]rs in Trade, Great Bankrupts, in whose e­state many Subiects are intressed; or in other cases that concerne multitudes of the Kings sub­iects, And also in case of Duels, and some other cases.

All Writs, certificates, and whatsoeuer o­ther Processe returnable Corum Rege in Cancellara, shall be brought into the chappell of the Rolles, within conuenient time after the Returne there­of; And shall be there filed vpon their proper files and bundles as they ought to bee, and as the pra­ctice [Page 55] hath bin heretofore, except onely the deposi­tions of the Witnesses, which may remaine with any of the sixe clerkes, by the space of one yeare next after the cause in court shall be either deter­mined by Decree, or otherwise dismist.

All Iniunctions with their Transcripts shall be likewise inroled, as heretofore was vsed.

All dayes giuen by the court to Sheriffes to Returne their Writs, Or to bring in their Priso­ners vppon Writs of priueledge, or otherwise be tweene party and party vnpriuiledged, shall bee filed either in the Registers Office, or in the Petty-Bagge respectiuely.

And all Recognizances taken to the Kings vse, or vnto the courts, shall be enroled in con­uenient time with the clerke of the Inrolement, And callenders shall be made of them, and the sayd callenders shall bee presented euery Micha­elmas Terme to the Lord Keeper or Lord Chan­cellour being.

In case of Suites vpon the Commission for Cha­ritable vses to auoyd charge, there shall neede no Bill, but onely Exceptions vnto the Decree: and Answere is to bee made forthwith thereunto and thereupon: And then vppon sight and perusall of the Inquisition, and the Decree brought vnto the Lord Keeper or Lord Chancelor, by the Clerke of the Petty-Bagge; His Lordship will giue order vnder his hand, for an absolute Decree to be drawn vp.

[Page 56]Vpon suite for a Commission of Sewers, the names of those that are desired to be Commis­sioners, are to bee presented to the Lord Keeper or Lord Chancellour in writing, And then his Lordshippe will send their names to some Priuie Counsellour, or the Lieutenant of the Countie, or some Iustice of Assize, residing in those partes for which the Commission is prayed; To con­sider of them, That they be not put in for priuate ends: And vppon the Returne of such opinion, his Lordship will giue farther order for the com­mission to passe.

No new Commission for Sewers shal be gran­ted while the first is in force, except it bee vppon discouery of abuse or fault in the first Commis­sioners, or otherwise vppon some great and weighty ground.

No Commission of Banquerupts shal be gran­ted but vppon Petition made to the Lord Keeper or Lord Chancellour, and the names of those that are desired for Commissioners shall bee presen­ted therewithall: Of which his Lordship will take consideration, and alwayes ioyne some per­sons learned in the Law, with the rest that shall be allowed; yet so as care bee taken, that the same persons allowed, bee not too often vsed in such Commissions, And likewise, that Bond bee giuen with good Sureties, of the penalty of two hundred pounds at least, to prooue the par­tie against whom the Commission is sued [Page 57] foorth, to bee a Banquerupt.

No Commission of Delegates in any case of weight shall be awarded, but vppon Petition pre­ferred to the Lord Keeper or Lord Chancellor, who will name the Commissioners himselfe; to the end, that they may bee persons of fitting qua­lity, hauing regard to the weight of the Cause, and the dignity of the Court from whence the Appeale is.

Any man shall be admitted to defend in forma pauperis vpon Oath:

But the Complaynants are ordinarily to be re­ferred to the Court of Requests;

Or to the Prouinciall Counsailes, if the case a­rise in their Iurisdictions;

Or to some Gentlemen in the Country, ex­cept it be in some speciall cases of commiseration, Or potency of the aduerse party.

Suites after iudgement, must be brought, ac­cording to his Maiesties Order beeing vppon Record.

Licences to collect for losses by Fire or by Wa­ter, are not to be granted but vppon good Certi­ficate; And they are rarely to bee renued; And they are euer to bee directed vnto the County where the losse did arise, if it were by Fire, and the Counties adjoyning vnto it as the case shall require: And if it were by Sea, Then, vnto the County where the Port is from whence the Ship went, and to some Counties adjoyning.

[Page 58]No Exemplification shall bee made of any Letters Patents inter alia, with omission of the generall words; Nor of Records made voyde or Cancelled; Nor of the Decrees of this Court not Inrolled; Nor of Depositions by parcells or fractions, omitting the residue of the sayd Depo­sitions; Nor of Depositions in Court, to which the hand of the Examiner is not subscribed; Nor of Records of the Court, not Inrolled nor fy­led; Nor of Records of any other Court, be­fore the same bee duely certified to this Court, and orderly fyled heere; Nor of any Record vppon sight and examination of any Coppy in Paper; But vpon sight or examination of the Ori­ginall.

I will withall set downe the very words, with which the Author concludes these last reci­ted Orders; because you may accordingly giue them extent, dimension, and valua­tion.

The Words are these, (viz.)

BEcause Time and Experience may discouer some of these Rules to be inconuenient; And some other fit to be added hereunto; Therefore his Lordship intendeth in euery such case, from [Page 59] time to time, to publish such Reuocations or Ad­ditions, as they shall offer themselues.

Howsoeuer I take it, there is not much alteration had in them; it may bee there is some Addition: But for the Roller side (as vnto the making of De­crees, and granting of Iniunctions) which was heretofore exercised alike there, as in Court, or on the Lord Keepers side (which I conceiue grew by the connexing of the Lord Keepers Office, and Master of the Roles in the same person) I cannot say how the case stands at this present, hauing with­drawne my selfe now these seauen yeares past, from any practice in the Lawes in any kind.

And because the Confirmation of Ordinances and by-Lawes, made for the better gouern­ment of Societies Incorporate, do for the most part passe through the hands of the Lord Keeper, or Lord Chancellor for the time being, according to the Statute of the nineteenth of K. Henry 7. Therefore, and for that it is onely the path of a very few trauelliug in the Lawes; I thinke good to write according to mine owne Practice therein (as followeth.)

IF a Corporation bee newly erected, and is to haue also Ordinances de nouo, made for the [Page 60] better gouernment of their Company, or Body: They must first make a perfect draught of them by aduice of Counsaile in a Paper-booke.

Your Counsaile would be both learned in the Lawes of the Land, the Prerogatiue of the King, the Subiects right; and the Priuiledges, Powers and Customes of the great body of the City, or Towne corporate, wherein you are sub incorpo­rated as Brethren of a Trade, Mystery, or Oc­cupation.

For any Ordinances made eyther against the Lawes of the Land, or the Prerogatiue, are not onely voyd in themselues, but farther punishable in those who execute them, notwithstanding any confirmation whatsoeuer. And therefore com­monly in all Patents and Charters of Incorpora­tion, there is a speciall clause of prouiso in this point and to this purpose.

And I doe heerein indigite at two manner of Ordinances, vnder which the Commonalties of corporation do much grone and complaine their pressures.

The one is a presumption and intrusion vppon the Birth-right of a Free-borne Subiect ( viz) the Imprisonment of their bodies, for breach of an Ordinance of their company (a thing most vnlawfull, and vnreasonable, and yet too fre­quently practized by too many of them.) For colour whereof, I haue seene a Warrant Dormant lying in the Halls of some companies; [Page 61] vnder which they subscribe the names of whom they list to commit; and then deliuer him to an Officer, who attends them at their Court for the purpose; and so it is not pretended to bee their owne act, but the will and commandement of a greater Magistrate.

Or an Intrusion vpon the Subiects Birth-right, by denying him to seeke Law and Iustice before the King the Fountaine of Iustice, in his Court at Westminster.

Or to set vp and vse his Trade, after hee hath arriued at his Freedome by honest seruice, accor­ding to the Lawes of the Land, and the ancient custome of the place.

Or to take a House for his best convenience, ad­uantage and accommodation of his Trade:

Or the like.

The other Agreeuance which I poynt at, is a Consumption and effusion of the purse and estate of the Subiect, by grieuous Fines, Amercya­ments and Impositions, and by laying of Offices vpon them, which draw great expence, in Fea­sting and profusenesse; of which I shall take oc­casion in a more fitting place, to speake and write at more liberty.

I proceed with my Direction in the passing of any such Ordinances.

The Paper booke beeing perfected by such a­ble Counsaile, you are to draw your Petition in the names of the Maister and Wardens, in name, [Page 26] and in the behalfe of the whole Company, to bee directed and deliuered with the sayd Booke to the Lord Keeper or Lord Chancellour, desiring; Where as ith ath pleased his Maiesty so to In­corporate you, and to giue you power to make Orders and Constitutions for your better gouern­ment; which Orders are by the Statue of the nineteenth of King Henry 7. to bee perused, exa­mined, and allowed, by the Lord Keeper, Lord Treasurer, and the two Lord Chiefe Iustices of either Benche, or three of them at least, which prouision you are ready to obserue and performe on your parts.

It may therefore please his Lordship to giue order to the two Lords chiefe Iustices, to per­use, examine, and make the same fit and worthy the confirmation and allowance of his Lord­ship, and themselues, &c.

Heerevppon, his Lordship giue order vnder your Petition: That the two Lords chiefe Iu­stices do accordingly peruse, examine and make them fit, as is desired.

They the sayd Lord cheife Iustices doe by vertue of that Order and Warrant peruse the same; and after they haue so altered, added, or sustracted, as they shall thinke fit.

Then their Lordships giue order to one of their owne Clerks, to write them ouer fayre a­gaine into a Paper booke coppy-wise. VVhich when they haue exactly examined with the for­mer [Page 63] so by them reformed, They subscribe the same, and send them seal ed vp backe againe to the Lord Keeper: who vpon the opening there­of, and sight of the approbation of the Lords chiefe Iustices, doth likewise giue order in wri­ting, at the Foote of the sayd Booke subscribed with his hand, That the same be forthwith faith­fully ingrossed in Parchment (and in the Chance­ry hand) by such an one as it shall please the two Lords chiefe Iustices to appoynt therevnto. And that they giue him testimony of the due perfor­mance thereof, by the confirmation of the same vnder their seuerall hands and Seales, and soe the Lord Keeper seales the Booke vp againe, and returnes it to the Lords chiefe Iustices, who giue direction for the engrossement, according to the order aforesayd.

And when the same is so engrossed, and exa­mined with the Paper booke, they set their se­uerall hands and Seales thereunto, and deliuer it to your selues, to carry to my Lord Keeper, Vppon sight whereof, he vseth also to Seale and subscribe the same.

But I pitty the case very much, that there is no Inrolement, Record, or Register of any such Ordinances kept in any place, the rather for soe many thousands of people are gouerned by them, beeing Law to which they can haue noe recourse, nor can consquenyly take the true measure, by which they should fashion their [Page 64] manners, to sit smoothly to the body of their Ordinance.

It is not the reading of them once in a yeare in parcels and cursorily, can take impression in the most learned of them (if there be any such) much lesse in the generall sort.

I hope that succeeding times will looke into this euill, euen in the greatest bodies incorporate, and giue it a fitting redresse.

And so much shall suffice for such Ordi­nances.

I now returne to my other scattered pieces which I haue gathered together, and fasciculated into the little bundle Following.

Instruction how to sue a Recogni­zance taken in Chancery.

IF you would sue a Renognizance that is taken heere,

When it is Forfeited, you are to bring a Coppy of the same to one of the Clerkes of the Pettie-Bagge; And hee will therevpon make you two VVrits of Scire facias: The one of a Re­turne [Page 65] past (if you will:) and the other of a Re­turne to come. These you must deliuer to the Sheriffe of Middlesex, who will returne them, as the Law requireth him to do in this case.

And when they are returned, you are to carry them againe to the Petty-Bagge.

And to reteine one of the Clerkes there to be your Attourney herein.

And then giue the Defendant a day to ap­peare: which if hee doe not accordingly, a Iudg­ment is to bee awarded against him for his said default.

And if he do appeare by the day to him so giuen; Then are you the Plaintiffe to Declare against him the Defendant, and hee is to answere and plead to you here, as is vsed in other Courts of common Law.

And when you are at full issue vpon the Ve­nire facias, you are to haue your Witnesses, and this is the vtmost extent of the proceeding here in Chancery.

For then if you will goe to Tryall, you must haue the whole proceeding heere written into Parchment; and it must either bee sent by the Officer of the Petty-bagge, sealed vp to bee tryed in the Kings Bench, or Common pleas, (at your election) or else it may bee deliuer­ed ouer vn-sealed; by the Lord Keeper or Lord Chancellour, which is agreeable with the words, se propria manu, &c.

[Page 66]Where note, that there can bee no Tryall by Iury here in Chancery.

Instruction how to sue a Statue Staple forfeited here.

IF you will sue a Statue Staple here.

You must first goe to the Clerke of the Staple, and shew him the date of your Statute, when it was acknowledged, which may also ap­peare by the Statute it selfe.

And then he must make your Certificate there­vppon, and seale it vp.

Then are you to goe with it to the Clerke of the Crowne, and to get him to make the Exigent therein.

You must deliuer to the Clerke of the Crown your Certificate, You must then haue your Ob­ligation made; and your Extent to bee made and endorsed on the backside, as is vsed in such cases. This endorsement of the Extent is called the Fine of the Extent, which must be deliuered vnto the Sheriffe: who by vertue thereof is to impannell a Iury, to enquire, extend, and appre­hend as well the Body, as the Lands, Goods, and Chattels of the party so bounden.

And when they be so extended into the Kings hands; the Sheriffe may keepe them vntill you bring him a Deliberate, which you are to [Page 67] haue from one of the Clerkes of the Petty-Bagge.

Note also, that it concernes you to take good heed how you sue out this Deliberate. For if there be not sufficient estate or goods extended, where­with to satisfie your Statute, and you sue your De­liberate of these Lands and Goods, &c. extended, you shall neuer haue more then was soe first ex­tended, and deliuered.

Wherefore if you doe vnderstand or can con­ceiue that there be more Lands, or Goods, exten­dible in any other place else-where, you are to get them likewise to be extended, and when you haue sufficient, to sue out your Deliberate, then you are to deliuer vp your Statute, before you haue your said writ, because otherwise the Clerk of the Petty-Bagge will make you no deliberate at all.

The way how to sue forth a Writ of Supplicauit, whereby the party sued shall not be relea­sed till the partie grieued please.

FIrst you must take your corporall Oath before a Master of the Chancerie, that you doe not desire it for any Malice, Hatred, or Enuey to the party: but for your owne quietnesse, and safety; VVhereupon you shall haue a warrant to leade your sayd Supplicauit, and thereuppon consequently the writ it selfe, so soone as the same may bee written and sealed.

After you haue the same granted, you may sue out of the Chancery a VVrit of Certiorare, which you should vse in this manner, ( viz) VVhen you haue deliuered your Supplicauit to haue a Warrant thereuppon for the arresting of the person sued, and haue got him likewise arrested, you must keepe your Certiorare very secret and vnknowne vnto him, till he haue put in Bond or Recognizance thereupon, with Sureties (as the case requires.)

For if hee take notice of it, Then he will lye in Prison vntill hee haue procured a Super­sedeas [Page 69] vnto your Supplicauit; which if he doe, your Certiorare is of no force or vse. Wherefore it con­cernes you to haue care herein:

And when the partie is Arrested, and hath put in Sureties, to the Sheriffe or Iustice, who granted the Warrant vpon the Writ; And the party hath giuen Bond with Sureties; Then doe you deli­uer your said Certiorare vnto them that tooke the Bond, And thereuppon they are tyed to certifie the same vp accordingly.

So consequently shall he stand bounden in such manner, vntill you please of your owne accord to release him.

This hath beene a practice very frequent hereto­fore, And yet it appeareth by an especiall order made of purpose to obuiate this course, which Order I haue before recited in these collections, There was both care and prouision taken, for re­dresse and reformation, in this perticular case.

Instructions how to sue forth a Su­persedeas vpon the former VVrit of Supplicauit, or the like writ.

FOr that it cannot bee knowne but by search and expence to the partie against whome the VVrit for Peace or good Behauiour is sued foorth, In what Court the same is so sued, [Page 70] vntill hee bee arrested for the most part; whether it bee out of the Chancerie, or the Kings Bench: wherefore to auoide that euill of beeing bound, Hee may sue foorth and haue his Supersedeas e­uer in readinesse about him, if hee suspect any such practice bee intended against him (as afore said.)

The Supersedeas must be sued forth thus, (viz.)

You shall rather in the Chancerie, then on the Kings Bench side, enter into Bond with Sureties gratis, with condition that you shall keepe the Kings peace, or bee of the good behauiour, du­ring such time as for which you shall so binde your selfe, and as the occasion shall require: For if you suspect that your Aduersarie will haue the Writ onely to binde you to the Peace, then a Su­persedeas will serue onely for the Peace; if for the good behauiour, then your Supersedeas must bee for the good behauiour; if both, for both.

When you haue so bound your selfe with Sure­ties; or Sureties in your absence haue so vnderta­ken (as your Manucaptors) for you before a Master of the Chancery; You may haue Warrant, And v­pon the Warrant, your Writ of Supersedeas, so soone as the same may be written and sealed.

And for your better ease, and direction in a­ny of these cases of suing foorth a Supplicauit or Supersedeas; enquire for, and addresse your selfe to the proper Clerke of the Supplicauit Office, which is euer kept, in or neere vnto Chancery Lane, [Page 71] and at this instant, at the Rayne-bowe neere to the Inner Temple gate.

I doe aduise you to sue forth your Supersedeas, rather out of the Chancery then the Kings bench, for these reasons, (viz.)

The condition of your Bond in Chancery doeth not tye you to make any appearance at the deter­mination of your time limited for Peace or beha­uiour, But in the Kings bench it doth:

And if you doe not appeare there accordingly, your Bond is duely estreated; & now more strictly prosecuted then euer heretofore:

Besides, if you doe appeare according to the condition of your Bond, there is then a great charge which falls vppon you of course, for the withdrawing of your Bond, which dyes in Chan­cerie; or at least, it requires no retraction there:

Besides, the Supersedeas is in some case more potent, beeing taken out of the Chancerie, then out of the Kings Bench: For notwithstanding the Writ to binde, bee taken out of the Chan­cerie, and beare Test before, yet the Supersedeas out of the Chancerie, is sufficient against it how­soeuer: But I make question whether the Super­sedeas of the Kings Bench, will ouer-rule the Sup­plicauit of the Chancerie bearing date before it, or no? I am perswaded (and as I remember) I haue met the experience of the priuiledge of Prioritie in the Chancerie Writ, in this Kinde: Neuerthe­lesse I leaue it to the farther consideration of him [Page 72] that desires to buy a farther experience with far­ther expence herein.

Note also that you may haue your Supersed [...]as to supersede one, or more, or all persons whatsoe­uer at your owne election.

And so much for VVrits of Peace and Beha­uiour.

FOr the Amplitude of this Court, you shall note, that it extendeth it selfe into a larger dimension then Smiths Common Wealth does demonstrate, both in limnes and liuelyhood; espe­cially in those two members of it, (viz.) the Pettie-Bagge and Cursitorie; in both which, that Booke doth scent it ouermuch:

For besides Offices post mortem, which is onely attributes to the Pettie-Bag: This Office hath

The making out of all Writs of Summons to the Parliament:

All Latine Pleadings of the Chancerie, concer­ning the Question of any Patent or other thing whatsoeuer which passeth the great Seale:

Or whatsoeuer priuate Deede betweene Sub­ictes, which is acknowledged in Chancerie, before the Lord Keeper, the Master of the Rolles, or any the Masters of Chancerie.

VVith Statutes and Recognizances taken in this Court:

Or transmitted hither.

[Page 73]With all suites for, or against any person pri­uiledged in the Chancery.

Besides, it is a hand whereby to transmit di­uers things from the Riding Clerke and the In­rolement Office, to the Chappell of the Roles.

And briefely, it hath such variety of businesse, that the place requires more learning and abili­ty of Clerkshippe then any other Office, saue that of Prothonotaries of the Common Pleas onely, (in my opinion.)

And for the Cursitors of the Chancery, They make both the originall Writs of the Chancerie, and of the Common Pleas: The Originalls of which Court of Common Pleas, I referre to the proper place, where I shall haue more occasion to speake of them hereafter.

These Cursitors were incorporated by Queene Elizabeth, by the name of the foure and twentie Cursitors: amongst whom, the businesse of the seuerall Shires is seuerally destributed, and there­fore you must, in all cases where your suite is lo­call and tyed to the certaine County, addresse your selfe to the proper Cursitor of the same.

If any Suite depend before any Sheriffe in his Tourne or County Court, you may haue! a Writ of Chancerie from the Cursitor of that County; called a Recordare, to remoue it.

If it lye in a Court Barron, your Cursitor will call it away with an Accedas ad Curiam.

If it lye in a Towne corporate, he will re­moue [Page 74] it with a Certiorare returnable in Chancery (as aforesayd,) which may bee made of course, without any Bill exhibited.

And a Procedendo may be also made presently thereupon, before the Returne of the sayd Certi­orare, and that of course likewise.

And also a second Certiorare and a second Procedendo thereuppon may bee made, But the second Procedendo should bee vppon a Bill ex­hibited, shewing good cause of equity why the Complaynant should be releiued.

And vppon Bond giuen by the complaynant or some other for him, with condition that the complaynant shall prooue the contents of the sayd Bill, the Court of Chancerie doth often grant a speciall Certiorare, signed with the hand either of the Lord Keeper or of the Mayster of the Rolles for the time being.

And the condition of this last receited bond, giues the Obligor onely the liberty of fourteene dayes to proue the contents of the Bill, which fourteene dayes must commence from the date of the returne of the sayd Certiorare to be granted, (as aforesayd.)

The Fees of proceeding in Chan­cery follow.

  l. s. d.
SVb Poena Writ to answere 0 2 6
If there be three in the Sub poena, you pay sixe pence the more. tot.0 3 4
This Sub Poena may bee serued in any libertie whatsoeuer, So cannot an Attachment.      
The charge of drawing your Bil in the next which your coun­saile at Law, must doe according to the Instruction which you shal giue him of the true estate of the cause. His Fee is at the least. 0 10 0
For the engrossing of your said bill foure pence a sheet at the least 0 0 4 a sheete.
The copy inde, two pence a sheete at the least. 0 0 2 a sheete.
The Attournyes Fee when you put it in, which is for the whole Terme, 0 3 4
The writing of the Oath made that the Sub poena was serued, 0 0 6
The Oath, 0 0 4
The Attachment where the defendant appeareth not. 0 2 10
[Page 76] l. s. d.
The breaking of it vp with the Sheriffe. 0 2 0
The Returne of that Attach­ment. 0 0 4
The Proclamation of Allege­ance vppon the same. 0 2 10
The breaking of it vp with the Sheriffe. 0 2 0
The Returne of that Proclama­tion. 0 0 4
The Commission of Rebellon. 0 18 2
The Rule which the complay­nant giues to the Defendant to make answere by a certaine day, in case where the Defendant doth appeare. 0 0 4
The Attachment, The Proclamation, Commission of Re­bellion. For not an­swering as in case for not Appearing. as aforesaid      
The Defendants Apparance. 0 4 4
This is also his Attournies Fee, for the whole Terme. 0 Feod. Attourn  
The copy of the Bill, at eight pence the sheete. Eigh [...] pence the sheete.      
His counsailes Fee for draw­ing of his Answere; according to his direction, at the Least. 0 10 0
[Page 77] l. s. d.
For engrossing of this answere, at foure pence the sheete at the least. 0-foure pence a sheete.      
For Copy of this answere, at two pence the sheet at the least. 0▪two pence a sheete.      
For the Oath made that this answere ia true. 0 0 4
For euery Defen­dant 4. d. pro consimil quilibit Def-pro consimil. 0 0 4
For the Commission to take the Answere in the country by Dedimus potestatem. 0 7 10
Besides the engrossing of the bil which is concluded within it euery sheete inde, 6. d.    
The Sub poena for Costs, giuen to the Defendant, in case where the complanant doth not put in his bil within the time alowed. 0 2 6
For a Bill of Costs and en­tery of it indo. 0 1 4
The Attachment, Proclamati­on, and Commission, of Rebellion. as incase afore­aid.      
A Ioynt Commission to exa­mine Witnesses in the Coun­tery, per peece. 0 7 10
A commission ex parte, to examine witnesses in the Countrey. The partie beares both parts of the charge.      
[Page 78] l. s. d.
For examination of the first Witnesse heere before Examiners. 0 2 6
For euery Witnesse examined af­terwards. 0 [...] 6
For drawing of the Replication, if it be done by Counsell, as in case for the Bill. as for the Bill.      
For the Reioynder. 0— the like.  
If there be no new matter in the Replication or the Reioynder, your Attourueies Clerke will draw them for you of course, for some small matter. as you can agree.      
For the Copies of the Depositi­ons of any Witnesses returned by Commission. euery sheete 0 0 8
For Copie of Depositions taken heere. euery sheete 0 1 0
For a Motion in Court. Counsailes Fee.      
For the drawing of the Order therevpon cum Cop. euery side 0 3 0
For entering of the Order. euery side.— 6. d.    

Fees of an Iniunction follow.

  l. s. d.
INjunction in all Vijs & modis. 1 2 6

Fees of a Decree follow.

FOr a decree the drawing, &c. as in case of an order.
Sub Poena to Testifie, 0 2 6
Sub Poena to Reioyne, 0 2 6
Sub poena to Heare Iudgment: 0 2 6
For getting the Hearing to be set downe. 0 as you can agree with your Attourney.
For the Rules to publish the witnesses, being foure. per piece 0 4  
For copy of Replication, Reioynder, Rebutter, and Subrebutter, as for copy of Bill or Answere. as aforesayd for Bill and Answere.
Sub poena super ordinem, to shew cause. 0 7 2
Sub poena of Ducas tecum 0 7 2
Sub poena de executione ordinis. 0 10 0

The charge of a Supplicauit in Chancerie.

  l. s. d.
ITem, the Oath. 0 0 4
Item, the Supplicauit it selfe 0 5 6
Item, the warrant vpon it, vic. 0 2 0
Item, For the Certiorare to cer­tifie the Bond taken vppon it.— 0 2 6

Charge of a Supersedeas in Chancerie.

TO the Master of the Chance­rie for taking of his Baile. 0 2 0
For the Warrant. 0 2 0
For the Writ. 0 5 6
For the Allowance of it. 0 2 0
These sayd Fees bee onely of the ease of a sin­gle person, and for the peace onely.      
But if it be of more persons, or for behauiour, as well as the Peace, then the charge is accor­dingly enlarged.      

The Fees of all originall writs sealed in the Chancery.

A
  l. s. d.
ACcedas ad curiam. 0 2 7
Admensuratio pasturae. 0 5 7
Ad quod Damnum. 0 7 2
Annual. reddit. 0 1 6
Assis, Cuius (que) generall. 0 5 6
Attinct. 0 7 2
Audita queraela. 0 7 2

C
CErtiorare. 0 1 6
Cessauit. 0 2 6
Conspiracy. 0 5 6
Contentione. 0 2 6
Coranator. eligend. 0 7 2
Cui in vita. 0 2 6
Cur claudend. 0 2 6
Comperuit. 0 2 6
Sum. bre. de Couenant. 0 2 6

D
  l. s. d.
DIem clausit extremum. 0 2 6
Dedimus potestatem super bre. de Con. Dot. 0 2 6
Speciall-Dedimus potestatem. 0 7 2
Originall de Debt & detinew. 0 1 0

E
Electione firme. 0 2 6
Eiectione Custod. 0 2 9
Excommunicat Capiend. 0 7 2
Execut, in De. 0 2 6
Expenc. nullat. 0 7 2
Error in London. 0 7 2
Patent inde. 0 7 2
Elegit. 0 10 0

F
FAlso Iudicio. 0 2 6
For. fac. Maritag. 0 2 6
Forma Denationis. 0 2 6

H
HEred. Capt. 0 2 6
Con. repleg. 0 5 6

L
LEproso. amouendo. 0 5 6
Libertat. proband. 0 5 6
Libeatat. allocand. 0 7 2

M
MOderat. 0 2 6
Maintenand. 0 2 6
Minus. 0 2 6
Monstrauerunt. 0 5 6
Mittimus. 0 2 6
Mandamus. 0 7 2

N
NOcunt. 0 2 6
Non molestand. 0 2 6
Non Omitas 0 5 6
Non Ponend. in Assise. 0 7 2

O
OFficiar. non faciend. 0 5 6
Ordinar. non seruiend. 0 2 6

P
PAct. fract. 0 2 6
Partic. faciend 0 2 6
Paten. bre. de errore corri­gend. in Assis: attinct. 0 7 2

  l. s. d.
Pleg. acquietand. 0 2 6
Pone. 0 2 6
Perambulac. faciend. 0 5 6
Palibus. reparand. 0 2 6
Post desseisin. 0 2 6
Praecipe in Cur. 0 2 6
Procedend. 0 2 6
Prohibition. 0 7 2
Propriat. proband, 0 2 6

R
Rcte claus, 0 2- 6
Recte patent. 0 2- 6
Redisseisin. 0 7 2
Reparatio Pontium viarum domini. 0 2 6
Repleg. Originall. 0 1 6
Rescous. 0 2 6
Recordare 0 2 6

STV
SIgnificauit. 0 7 2
Bre. de estat. 0 2 6
Sub paena. 0 2 6
Supersed. inde. 0 7 2
Supersed. pro pace. 0 5 6
Supersed. omn. al. 0 5 6
Trans. 0 1 0
[Page 84] l. s. d.
Trans. super casum. 0 2 6
Valore Maritagij. 0 2 6
Vasc. 0 2 6
Villat remouend. 0 2 2
Vitar. eligend. 0 2 2

W
WArrantia charta. 0 2 6
Warrantio Diei. 0▪ 5 6
Withernam.— 8▪ 5 6

And so much for the Original Writs issu­ing out of the Chancerie.

I Must acknowledge that I haue omitted the Records enrolled in the Chappell, and those that are either in the hand of the Controler of the Seale and riding Clerke, or else in the middle of their iourney, trauelling ouer to the Chap­pell; because they are an homogeneall part of my former Tractate, touching direction for Search of record, which I shall (by Gods assist­ance) both perfect and amplifie with my best and first oppertunity hereafter. And as I haue also ommitted a smal colation which I haue made out of the Peity-Bagge and other places, of the seuerall Stiles of all Townes Corporate in Eng­land and Wales, according to their seuerall Pa­tents of Incorporation, with the Stiles of al [Page 86] other Ministers of any Courts, to the which a­ny Attourney may haue occasion to direct his Writs of Habeas Corpus, and the like in any oc­casion; Because this last will be a Booke of such continuall vse vnto them, that it is onely fit to be published by it selfe in such a small Volume, as may be portable in euery pocket. Therefore I doe likewise intend to set it forth as a little Cock­boat, to this greater vessell, very speedily, it beeing already finished.

And thus I conclude with the Court of Chancery, reseruing the Fines payable vppon originall Writs, to the practice of the Court of Com­mon-pleas, because they best know the price of them.

THE COVRT OF REQVESTS: OR, White-Hall at VVestminster.

THis is likewise a Court of Conscience and Equitie.

And the practice there­of is by English Bill, An­swere, Replication, and Reioynder, like to the former in Chan­cery,

The forme of their proceeding is ge­nerally alike.

Onely, This Court, in stead of the lea­ding Writ of Sub paena, vseth a Priuy Seale:

[Page 88]Or otherwise to summon such as are neerer hand, by their Messenger and pro­per Officer of the Court.

Their Fees in the point of proceeding, are for the most part alike.

Onely in stead of two shillings sixe pence for Summons by Sub paena, you pay at the least for Summons by Priuy Seale. 8. s.

Or if the Summons bee made by the Messenger here in towne, you pay to him for his paynes. 3s. 4d.

For euery party summoned.—the like

Besides for his Warrant to do it, what you please as I take it. ad libi­tum.

This great burden at the very entrance into a Svite heere, doth much hinder the Court, if they would duely consider it.

And so much for the Court of Request.

THE COVRT OF THE PROVINCIALL COVNSELL OF THE Marches of Wales.

THis Court of the Prouinciall Counsell for the Marches of Wales holdes the like forme of proceeding generally and for the most part, as doth the Chan­cerie before mentioned.

The greatest difference is in the Leading Processe of the same.

And therefore I shall not neede to recite the same thing againe, but proceed in

THE COVRT OF THE PROVINCIALL Counsell, established at YORKE.

THis Prouinciall Counsell followes the course of preceeding likewise vsed in Chan­cerie.

And for your better direction, that you may vnderstand the Lords Presidents Powers and pri­uiledges, in either of the two Prouinciall places, I referre you to their Instructions remaining on Record in the Chancerie, whereby you may bee fully satisfied in this point, &c.

The greatest difference heere likewise is in the Leading processe.

And both the Prouinciall Counsels are often subiect to the Prohibitions of the Courts at West­minster, which makes many of both Iurisdictions those rather to begin their Suites here, then at their owne home.

THE COVRTS OF THE County Pallatine of Chester; County Pallatine of Lancaster; Couny Pallatine of Duresme; AND The Chancerie of London; with the Exchequer Cham­ber West m.

IN the formalitie of their proceeding doe all imi­tate the practice of the Chancery, before set forth and declared, admitting onely some small mix­ture of the Common Law in some especiall cases.

And in some thinges they are led by their proper customes and prescriptions respectiuely:

So that hee who is a sufficient practitioner in our great Chancerie, may bee able and worthy the ad­mission into any Court of English proceeding what­soeuer or wheresoeuer.

I make the next gradation to Courts of Com­mon Law; And both for mine owne ease, and the [Page 92] benefite of the Reader, I will beginne at the Court of Common Pleas, as the onely Leader to all other Courts, for all kinde of matters appertaining to the Common Law; Otherwise if I did beginne with the Kings Bench, for the prioritie and dignitie thereof, I should runne into this inconuenience, that I must bee forced to repeate the same thing ouer againe in personall actions, and mixt actions; both which the Kings Bench admitteth and holdeth, &c.

THE COMMON-PLEAS PRACTICE.

FIRST you are to vnderstand of what nature the Action which you would sue to bee.

If it be for Debt vpon a Bond, you must take a speciall care that your Originall doe agree with the Bond; For otherwise your proceeding will be er­ronious.

And you must make them agree thus: ( viz.)

London: Precipe Rico. Scot. nuper de London generos. (alias Dict.) As in the Bond literatim; and in the same wordes and Letters as the partie sued is stiled and titled in the Bond. Re. Thom. Smith twenty pouud, &c.

If it be an Action of Trespasse, Or an Action v­pon the Case; Then you must style and title the Defendant whome you sue thus: ( viz.)

London: Si Thomas Smith Fec. &c. Tunc pone, &c. Ricard. Scot. in London generos. ostens. quare [Page 94] cum &c. without any alias at all required, to be in such actions.

When you haue made this note of direction, for the drawing vp of your Originall and leading Writ, you must deliuer it to the Chancery man, which is the Cursitor for the Shire where you lay the action, to make this your Originall VVrit, and to get the same sealed.

This Originall being so made, s [...]aled and de­liuered vnto you, your selfe may returne, ex­cept the Defendant whom you sue bee a Free­holder of the Sheire, where you lay your action.

If the Defendant be a Free-holder in the Shire where the action is layd: then you must deliuer your Originall to the Sheriffe of the Shire to re­turne it.

If the Sheriffe do returne the Defendant suffici­ent: then soone after the sayd Returne, when the Originall is filed, the Plaintiffes Attourney must go to the Office of the Philozer of the said County, and there search and bee satisfied whe­ther any Attourney hath appeared for the De­fendant or no?

If the Plaintiffes Attourney doe finde that the Defendant appeareth, the Plaintiffes At­tourney (if he can) or otherwise some one Clerke of the Prothonotaries Office whom he may pro­cure, must draw vp his Declaration against the defendant, for which purpose the sayd Clerke must haue the Bond, and take out the writ into [Page 95] the Prothouotaries Remembrance, and also must know where the Plaintiffes Attourney will haue the Obligation to be layd for the Reinde.

VVhen the declaration is deliuered to the de­fendants Attourney: the Attourney or Clerke for the Plaintiffe, is vppon demaund to shew to him the Obligation it selfe, to the end that he may examine the declaration with the same, and see and take notice of the witnesses names, who do testifie it.

In like manner are you to proceed in an Acti­on of debt vppon an Indenture, or debt due by Testament, or Letters of Administration, you must vppon the declaration and demaund made, shew the Indenture, the Testament, or Letters of Administration as the case is, that they may be conferred together.

And in an action of debt vppon an Indenture, the Originall must bee made to agree with the Indenture, as in case of an action of debt vppon Bond, in the second addition, or the alias dict. vt supra.

The Attourney of the defendant may, when the appearance is made for his Clyent, haue Costs, and dismisse the Plaintiffe, if hee doe not declare within his time prefixed.

When the defendant hath appeared, and the Plaintiffe hath declared, and thereupon the defendant hath answered, or pleaded, Hee may giue to the Plaintiffe a day to Replie: [Page 96] Which if the Plaiutiffe do not accordingly, Then the Defendants Attourney may discontinue the Action of the Plaintiffe, and make him to begin anew.

And if the Defendant bee returned sufficient. And no Attourney appeareth for him vppon the Originall: Then the Plaintiffes Attourney must put his name to the Phillozers booke, called the Remembrance, where the Originall shall bee ta­ken out: And marke the same Remembrance, when his next Processe which is a Pone shall bee returnable.

This next Processe hee must seale and deliuer to the Sheriffe.

And if at the day of the Returne thereof, no At­tourney do yet appeare for the Defendant: Then the Plaintiffes Attourney must in like manner marke the Remembrance, and take out another Writ against him called a Distresse, and so the Plaintiffe may sue out Distresse after Distresse, vn­till such time as the Defendant doth appeare.

And if the Sheriffe shall returne such small issues for fauour, as whereby the Defendant is encouraged to stand out, and will not appeare: Then the Plaintiffes Attourney himselfe may moue the Court for increase of issues, or else A­merce the Sheriffe.

If the Defendant haue no Free hold with­in the Shire where hee is sued: The Plain­tiffes Attourney must returne the Originall [Page 97] VVrit in Debt or Trespasse on the back-side thus: ( viz)

Pleg. de prosequend.

I. Doo,

Rich. Roo.

Infra nominat Richardus Scot, Nihil habet in baliua mea vnde potest Summ.

Iohannes Smith, mile vic.

IF the Originall bee in the Trespasse vpon the Case, Returne it (as aboue) sauing in stead of Vnde potest Summ. let it bee vnde potest Attach.

The Returne of the ordinary Processe of Capias to the Exigent, is, Infra nominatus Ri­chardus Scot, non est inuentus in balli [...]a mea.

There must bee allwayes betweene the Teste of the Original, and the Returne thereof, full fiueteene dayes inclusie, at the least.

And so of the Cap. alias Cap. and plur. Cap.

And betweene the Teste and the returne of euery Exigent, there must bee fiue County Court dayes, or fiue dayes of the Hustings, as is vsuall in this kinde of businesse.

[Page 98]The Exigent and Proclamation must both bee the same Teste and of the same Returne.

An Exigent in the Countrey hath fiue Coun­ty dayes for his Returne (the County Court being kept onely once in a Moneth) and so con­sequently it requireth fiue Moneths.

But in the Hustings in London, the Returne is much speedier.

And if the Defendant do not appeare by Su­persedias before the sifth County day, or day of Hastings (as the Exigent lyeth) then he is, vpon the fifth Exact. returned vtlawed.

You must haue a care withall, that vpon the Returne of the Plur. Cap. preceedent, it bee duely filled.

At the going forth of the Exigent, you must make your Warrant of Attourney on this man­ner, ( viz) Willielmus Wild generosus, Pl. pol [...] suo: I. T. vers. Ioh. Fludd de Braynford in Com. praed. Yeom. de plac. debit. or de plac. transs. as the action is: This you must deliuer to the Clerke of the Warrants.

The Defendants attourney is to put in his warrant of attourney vppon the Issue or vpon the Demurrer, and not before.

If the Sheriffe haue the Cepias, alias Cap. and Plur. Cap. deliuered vnto him, and shall returne a Cepi Corpus vpon any of them, then the Plain­tiffe shall haue no farther Proces against the De­fendant.

[Page 99]If vpon any such Returne no Appearance shall be made on the Defendants part, then the Plain­tiffes Attourney must goe to the Phillzoers or the Prothonotaries, and get the same Writ or the Returne thereof taken out; And then giue to the Sheriffe Day to bring in the body of the Defendant, or else be amerced at the discreti­on of the Iudges.

And if the Sheriffe doe not bring in his pri­soner by the day giuen, then the Plaintiffes At­tourney is to get the Amerciament to be Estrea­ted; And to sue out a Writ of Habeas Corpus to bring in the body of the prisoner.

And if the Sheriffe who did so arrest the De­fendant, bee out of his Office before hee doe re­turne your said Habeas Corpus, and the De­fendant appeareth not yet; then you are to sue foorth Distringas nuper vic.

The Phillozer vppon making out of the first Capias, enters into the Role an Apposen, So that it may appeare vpon Record: which Ap­posen the Plaintiffe may continue for a Terme, two, or more if he please.

And their Common Processe must haue at the least fifeteene dayes betweene their Teste and Returne.

If Proces remaine vncontinued by diuers Termes, and no exceptions be made thereof by the Defendant; the same may bee continued by the Plaintiffes Attourney, paying to the Phil­lozer [Page 100] or his Clarke for euery continuance, foure pence per peice.

And if the Defendant do dwell in one Coun­ty, and the Suite bee commenced in another; Then there must goe forth a Proclamation vn­to the Sheriffe of the County where the Defen­dant doth dwell at the time when the Exigent is awarded; And this Proclamation must beare Teste and Returne with the Exigent, and both must bee returned (the Defendant not ap pearing)

And if the Defendant doe put in Supersedeas before the returne of the Exigent, then the Plaintiffe neede not care for the Returne of the Proclamation.

And if the Defendants Attourney come not to the Prothonotaries Clerke, and take a Copie of the Declaration, and make an answere to the same within nine dayes after the Returne of the Exigent; Iudgment shall be awarded against the Defendant.

And if the Plaintiffe do not make his Decla­ration ready within foure dayes after the Returne of the Exigent, Then the Defendant may call the Plaintiffe non Suite, and recouer his charges.

And if the Defendant will haue a Supersedeas vppon Maine-prise, It must bee sued out of the Clerke of the Treasury his Office vppon Sureties That if the Defendant make default, hee shall pay the fine.

[Page 101]If the Sheriffe returne to small Issues vppon Distresse, the Plaintiffe may haue Amerciament against him, and haue him called into the Court to amend the Issues for the Kings aduantage.

If the Plaintiffe bee not ready to Reply vpon pleading, He may enter Imparlance, and giue day ouer vntill the next Tearme, vnlesse the De­fendants Attourney preuent him, by giuing to him a Rule and day certaine to Ryply.

At the day of Imparlance, The Plaintiffe is to call the Defendant, and to giue him a day to plead or answere againe, or to make it knowne, whether hee will stand to the Plea or Answere which he made in the precedent Terme or no?

And if the Defendant doe neither make knowne, that hee will then stand to his former answere, nor answere de nouo vppon ordinarie dayes giuen vnto him, Hee shall be Condemned in the Cause: for hee cannot then refuse as hee might vpon an Al. bre.

VVhen any matter is pleaded to an Issue, The Plaintiffes Attourney must haue a care, to see the Issue be rightly entered into the Prothonotaries Role, And thereuppon put in his VVarrant of Attourney, if it bee not in before at the Exigent, in manner (as aforesayd)

But it is most requisite that the VVarrant should bee put in vppon the Exigent by the Plaintiffes Attourney, for feare least the Defendant should not appeare; but be returned vtlawed.

[Page 102]And the Defendant, in case the Plaintiffe shal faile to put in his Warrant (as aforesaid) may sue error in the proceeding, and assigne the want of a VVarrant, which is manifest error; and thereuppon the Plaintiffes attourney shall pay tenne pounds.

After the Issue is entered, the Plaintiffe may sue forth Venire facias, or else continue it for a Terme or two.

And vppon the Plaintiffes default by ouer­long delay, the Defendants attourney may sue forth Venire fac. pannell.

Note, that you may enter the first Ven. fac. returned fifteene dayes after; at which day, the VVrit of Nisi Prius, with the Hab. Corp. is also awarded, and the Triall likewise (if it bee in London)

After verdict vppon Triall, the Postea is re­turnable in his due time.

Thereupon the iudgment is entered, and a Capias goeth foorth first into London, because the action is laid in London: This Capias is to be returned fifeteene dayes after Non est inuen­tus; and then goeth forth Capias with Testat. into the Country where the Defendant dwelleth; then is execution sued out and not before.

Note also, that if the Sheriffe at the day of the Ven. fac. do returne rhe same sued, then the Plaintiffes attourney may haue a Hab. Corp. ther­uppon to be made by the Clerke of the Iuries, [Page 103] which hee is to see well examined when hee fetcheth the same away from thence.

And at the Returne of the said Hab. Corp if it be at the assizes, and the Iury fill not at the cal­ling of them, the Plaintiffes attourney may craue a Decem tales et circumstantibus, Ten the like of those that be standing by, to fil vp the Iury.

But if it be at the Common-pleas Barre, He may not craue a Tales de Circumstantibus, but a Tales onely, or sue a Distresse with a Tales.

The first onely is a Decem Tales at the Barre: The second, an Octo Tales, if the Decem did not fill; Soe from Octo, vnto Quinto: and from Quin­to to Duo Tales, hee must discend till the Iury be filled, all which the said processe must bee taken out of the Prothonotaries Office, or the Office of the Clerke of the Iuries, which bee respectiuelie entered most duely.

And if the Sheriffe vppon any of these sayd VVrits doe returne Tardè, for want of sufficient time to warne the Iury, You are to sue forth an Al. distress.

Note, that if a Plea bee pleaded heere by the Defendant, and the Plaintiffe haue therevppon replyed: if if it bee a plea of a former Terme, the defendant can neuer amend or with-draw his plea, except it bee in Letters or Syllables, But if it be in the same Terme he may.

For in this Court euery plea is, or ought to [Page 104] be entred in euery Terme as it is pleaded; how­soeuer it is otherwise in the Kings Bench.

If the Defendant be returned sufficent in an action of Trespasse, A Distresse is to be awarded.

And if hee be returned Nihil: then the seuerall Cap: and an exigent be awarded.

If an Vltary bee returned, then lyeth a Capias vtlagant, generall, which is for the body onely.

Or else a Cap. vtlagat. speciall; which is for the body and goods.

Note, that if you doe sue any of the Nobili­tie of this Land, who are of the Parliament House, in any action whatsoeuer, wherein Pro­cesse of Vtlary lyeth; Although the Sheriffe re­turne him Nihil habet, yet you may not sue a Capias against him, but a Pone, into the Shiere where his Land lyeth: wherevppon if he do not appeare, hee looseth fiue pounds. And after a Pone, you shall sue a Distresse, and Distresse after Distresse, in infinitum, vntill he doth appeare.

If after the Sheriffe haue taken the Defendant vpon a Cap. ad satisfaciend. for the Plaintiffe, He suffer him to depart vpon Sureties, or pawne, and commit him not to safe keeping, It shall bee said an escape against the Sheriffe.

And then the Plaintiffe may at his election choose whether hee will call for the Returne of the VVrit, or sue the Sheriffe for the Escape, and recouer his Debt and Charges against him: O therwise hee may haue his Capias and Exigent, [Page 105] and vpon Returne thereof vtlaw the Defendant vpon the Iudgment.

After this kinde of Vtlary, the Defendant shall neuer haue his pardon, except he first agree with the Plaintiffe, and satisfie him.

Also the Plaintiffe may at his election haue a VVrit of Elegit in this case, to extend vpon halfe the Lands and goods of the Defendant: except Cattle and Oxen for his plough &c.

But it behooueth the Plaintiffe to take good heede how he sueth forth the said VVrit of Eligit: For if it be once entered, you shall neuer haue any other Execution.

Also after a iudgment, the Plaintiffe may haue an Execution of Fieri facias de bonis & ca­tallis, and thereby leauey his whole summe that is giuen, with the Costs, or some part thereof, according to the value of the goods of the De­fendants which he can finde.

And if at the first he bee not satisfied of his whole summe, hee may sue forth another Fieri fac. and so one after another, till he bee fully sa­tisfied of his whole Debt.

Your Processe being in a VVrit of Rescous, and Rauishment of a Ward, as in Trespasse you shall hold like proceedings of Attach. and Distresse, and for want of Distresse, three Capias and an Exigent.

The like in a Quare eiecit infra terminū, & E­iectione firme, and this was giuen by a late statute

[Page 106]And the like by the same Statute, in a Writ of Annuitie and Couenant vppon an Inden­ture.

But in a Writ of Entry, the like proceeding is not, for the Processe is Grand Cape, and Petit Cape.

The Grand Cape lieth, when any of those VVrits are deliuered to the Sheriff to summō the Lands, and, if at the returne of the same, the Defendant appeareth not, but maketh default, then the Pro­thonotaries Clerke is to giue a day to the tenant to come in, or else a Grand Cape shal be awarded of the Land, whereuppon he shall be in the cour­tesie of the Court, whether they will grant him a Supersedeas for the discharge of the same, or no. Otherwise hee is to wage his Law, and depose that hee was not lawfully summoned, which if he doe, and it bee afterwards proued that hee was lawfully summoned; then he is in danger of periury.

If the Tenant or Defendant doe not appeare vpon the Grand Cape, then a Petit Cape is to goe forth, and a day likewise to bee farther giuen, and vppon default of appearance, then the Lands in question are recouered, and there­vppon the Cape is directed to the Sheriffe to seize the Lands into the Kings hands, vntill farther Proces, &c.

Note that the Demandant is to take great care, that there bee no Essoyne cast by the Te­nants [Page 107] Attourney in this case, for him the said Tenant to appeare.

For if hee haue before that time cast his Essyone, then may he vpon day giuen, call the Demandant non-suite, and cause him to begin againe.

Therefore the Demandants Attourney in this case must especially inuigilate the Office of Es­soynes, and in Reall actions to get his VVrit fylled, and to enter a Recipitur, as in a VVrit of Dower.

Warrentia charta, De droyte, & Surdisseisin, haue the like proceeding, because their Processe is also alike.

If you haue Iudgment in any action, and suffer the Iudgment to continue without doing of any thing therein, by the space of a yeare and a day, you shall then be forced by reason of such delay, before you may take out any execution thereuppon, to sue out of the Court where your said iudgment is Recorded, a writ of Scire fa­cias, and after the Returne thereof you are to giue a day to the Defendant to come into the Court, and to shew cause why the Iudgment should not be awarded against him vpon his de­fault; wherevppon if good cause be not shewed, the Iudgment is to bee allowed, and execution may be taken forth.

In case where the Plaintiffe or Defendant happen to dye after Iudgment and before exe­cution; [Page 106] [...] [Page 107] [...] [Page 108] Then are the Executors or Administra­tors of the Plaintiffe to sue out a VVrit of Scire facias, against the Defendant, his Executors, or Administrators, which being returned, then the Execution of Fieri facias at the first, and in case where the Defendant is dead, must bee awarded onely of the goods of the Testator or Defendant defunct, and not of the goods of the Executor or Administrator.

This execution of Fieri facias, being deliue­red to the Sheriffe to bee executed, if the She­riffe shall finde that the Executor or Admini­strator did diuaste the goods of the Testator or Defendant defunct; and shall thereupon returne a Divastauit; Then shall a VVrit of Fieri facias be awarded de proprijs bonis Testatoris, or Admi­nistratoris; Or otherwise Execution may bee taken forth against the body of the Executor or Administrator, at the choyce of him that sueth it out.

How to sue a matter of Errour.

IF you would sue a matter of Errour, you must either make a perfect true Copy of the Originall, or of the Exigent in that cause, and carry it to the Cursitor of the Shiere, where the Action lyeth, thereby to make yovr VVrit of Errour.

[Page 109]VVhen you haue your Writ of Errour (if it be before Iudgment) you may deliuer it to the Clerke of the Treasurie, wherevppon the Attourney for the Plaintiffe is to deliuer vnto you the number of the Roles where euery thing is entered.

And if it bee after Iudgment, Then before you know the number of the Roles, you must shew cause of Errour to the Court; or else your Writ will not be allowed.

And in case that when the Writ bee alow­ed, the Plaintiffes Attourney must deliuer the number of the Roles; o the Clerke of the Trea­sury: who will deliuer the VVrit ouer with the Record.

And then if the Defendants Attourney doe not get his Record to bee certified the same Terme, the Plaintiffes Attourney may procure a day to bee giuen in Court vnto him to do it, and to remooue the same.

By which day if the Defendant doth it not accordingly, then hath hee lost the benifit of the Errour. And after one VVrit of Errour so put by; the Defendant shall neuer haue any more.

And if the Record bee accordingly certifi­ed, then the next Terme following you are to assigne the Errours there.

Otherwise there will goe forth two VVrits of Scire fac. to be deliuered to the Sheriffe of Midd. and to giue you warning to assigne the Errours, [Page 110] which if you doe not within three or foure dayes after the Returne of the latter of the sayd two Writs, the Writ of Errour will bee quasht, and you shall lose the benefit thereof.

And if one be vtlawed vpon meane Processe, and would reuerse the same by writ of Errour, hee must take this course: ( viz.)

  • Looke if there be any Writ vnreturned,
  • Or any VVrit mis-returned:
  • Or any VVrit vnfyled:
  • Whether the Proclamation bee fyled, or no?
  • And whether it bee well returned:
  • Or whether a Warrant of Attourney be put in or no?

All these before mentioned be Errours, which before Iudgement the Court will correct them­selues.

And if you finde any of the said Errours, you must goe to the Clerke, and shewe him the num­ber Role where the Exigent is entred, and cause him to enter the Vtlary.

This being done, you are then to get the Bun­dles where any such writ is fyled, to bee brought into the Court, from the Office of Custos breui­um, where they be kept.

Then you must haue one to enforme the Court therefore on your behalfe.

If the Errour which you pretend bee for want of a Proclamation, then you are to get aswell the [Page 111] Record of the Terme where the Exigent is entred, as the bundle of VVrits to bee brought into the Court to be reviewed.

And the like you are to do of the meane Pro­cesse.

And if it shall appeare to the Court, That any of the Processe bee fyled and not returned, Or there be error in the Returne, Or there bee want of meane Processe, or Proclamation; the Court will award the the Reuerser to bee entred.

And if the party vtlawed can finde no Error, and yet would vndoe the vtlarie, if it bee vtlary before a Iudgement; He is to sue out his writ of Errour, and therevpon a Supersedeas:

Then hee must sue out his pardon of Course, and vppon that, Hee may haue a Scire facias di­rected to the Sheriffe of the County where the Originall was laid, to giue warning to the plain­tife to bee ready in Court to prosecute his action against the Defendant, if hee haue any thing to charge him withall.

Hereupon, if the plaintiffe doe not declare a­gainst him the Defendant within a certaine space giuen to him by the Court, Then the Defen­dant shall bee quit of that action; and the plain­tiffe is to beginne his suite againe if hee will.

But if the partie vtlawed haue any goods or Cattle taken by colour of that Vtlary, Then hee is to sue out a writ de non molestand. from the Clerke of the Treasury, which writ hee is to de­liuer [Page 112] to the Sheriffe; VVhereuppon the Sheriffe is to deliuer to him his goods or Cattell againe without Bond.

But it is otherwise where the Defendant doth not bring his Writ de non molestand. but intends to ouerthrow all by Errour, for in that case, hee shall bee driuen to enter into Bond for the proouing of the Errour.

In euery case where the cause goeth with the Plaintiffe vpon a Demurrer, and the Debt or matter recouered is not expressed, the Iudges of the Court may giue their finall Iudgment, and grant you a Writ to enquire of dammages; which writ shall bee directed and deliuered to the Sheriffe, who by vertue thereof, is to impan­nell a Iurie, who after they be sworne, vpon E­uidence to be produced on the Plaintiffes part, may giue in dammages so much as they thinke in their consciences, and as the VVitnesses shall prooue vpon their Oath that he hath sustained.

Also in an Action of waste you are to pro­ceede in like sort, if you certefie the Iudges how the Defendant hath made the place waste, and you doe it before Iudgment is by them giuen.

But the Iury needeth not to haue such great care of the dammages in waste committed, as in other cases of enquirie in that kind: For what­soeuer the Iurie giues in dammages therein, the Court will, according to the Statute in that case especially prouided, double the same dammages.

[Page 113]The Plaintiffes Attourney must be carefull to looke to the Clerke of the Essoynes, and take heede where the Essoynes do lye, and whether they be lawfully cast, or no.

And not onely so, but the Attourney for the Plaintiffe or Demādant must farther looke to the Adiournying of the Essoynes, & the casting of the Nerecipiatur for the aduantage of his Client.

And the Attourney for the Defendant should also be as watchfull ouer the Casting of the Es­soynes; For that oftentimes it proues to bee a benefit to himselfe, and a commodity to his Clyent.

Euery Essoyne must bee adiourned in time, with such sufficient continuance as the nature of the Action requireth.

For want of Adiournement of the Essoyne, there lyeth a Non-suite.

The casting of an Essoyne where it will not lye, may be disalowed, quashed, and turned in­to a default▪ But when it is rightly cast, then it is allowed, and then it is to be adiourned.

And you must farther take heede, where the inferiour Tenant may pray in ayde of the Supe­riour Lord, and when, and in what case a Vow­cher lyeth to recouer by force.

If Bastardy bee alleadged in generall in any case, the Processe for the tryall of it is to be di­rected to the Bishoppe, who is to certifie the same.

[Page 114]The like course is to bee held in Pleas of Ad­uowson, whether plenaritie or not plenaritie to be so tryed, and so certified likewise.

VVhat Pleas Attournies may plead, and what not.
  • TO a Bond for pa [...] ­ment of mony.
    • 1. Conditions performed:
    • 2. Per minas.
    • 3. Per Dures.
    • 4 Non est fact.
      • Gen.
      • Speci.
  • To the Bill of Debt,—plead
    • Per Minas.
    • Per Dures imprison.
    • Deins age.
    • Non est fact.
      • Generall.
      • Speciall.
  • To any o­ther Actions of Debt, plead
    • Nihil debet per patriam.
    • Nil debet per Legem.
    • Deins age. (so it be not for Ap­parell.
  • To a Bond for deli uery of Corne, &c. plead
    • Per Dures.
    • Per minas.
    • Non est factum.
    • Deins age.
    • Conditions performed.
  • [Page 115]The Common issues to Declarations grounded vpon Simple actions be.
    • Per legem: or,
    • Per Patr [...]am.
  • To a Bond for perfor­mance of Couenants vpon an Indenture or an Arbitrin [...]ent may bee pleaded
    • Per minas.
    • Per dures.
    • Non est fact. or
    • At large.
  • To an Action of Tres­passe you may plead
    • Non Cul. or,
    • At large: if it bee not vpon trial of a Title.
  • To an Action of Bat­tery plead
    • Ex insultu querentis: or,
    • Non Cul.
  • To an Action for Rent plead Rien in arrere.
  • To an Action of the Case vpō Assumpsit plead Non Assumpsit modo & forma.
  • To an Action for Slan­de [...], &c.
    • Non Cul. or,
    • Iustifie the words.
  • To an Action for detai­ning of Corne, or any thing which should haue beene deliuered, and for which there is no Obliga­tion, plead Non detinet.
  • Vpon Eiectment.
    • Non Eiecit.
    • Non Cul.
  • [Page 116]Vpon Account.— Nunques Receptor pour Account rendre.
  • Vpon Administration.— Plené Administra­uit.
  • Vpon a Demise.— Non demisit.

All which Pleas before mentioned are. ge. nerall, & ad oppositum.

THE generall issue in an Assise, is, Nul. Dissesin— Nul. Disseisin.

All speciall Pleas here are pleaded vnder the hand of one of the Sergeants at Law.

No Attourney or Clerke of any Prothono­taries Office shall make vp any Paper booke, whereunto any Sergeants hand is, vnlesse he do first deliuer the same vnto the Defendant to bee perused, to whom hee may giue day to bring in the same Booke againe, that it may be entred in conuenient time; and if the Defendant doe not bring it in accordingly, the Attourney or Pro­thonotaries Clerke, who dea'eth therein for the Plaintiffe, may enter a Iudgment therepon.

The Plaintiffes Attourney shall do well to request the Prothonotarie of the Office to peruse the whole issue drawne into a Paper, before he carry it to his Sergeant, to the end the Prothono­tarie may see whether it bee well pleaded or no; [Page 117] without double matter, or departing from any speciall pleading, and whether it bee truely ioy­ned or no, according to the truth of the matter or case; Or else it will be ieopardy and hazzard of the cause: For the Iury are bound not onely to finde out according to the issue ioyned, and no otherwise.

If the Defendants Attourney will suffer the Action to go against his Clyent by a Nihil dicit, He must take heede that there bee no part of the debt payd: For if hee do, his Clyent is in his Aduersaries courtesie for the whole debt, wherein the danger is the more if it be vpon a Bond; For then he is lyable to the penalty and all.

A Title may be tryed vpon an action of Trans. tantum. But that suite doth award no possession, but dammages and costs of suite onely.

But it is otherwise in Trans. and Electione firme.

If your goods be remaining in another mans hands, and hee doe not vse them, so that there can bee no conuersion to his owne vse proued; there an action of Trouer will not lye, but an action of detinew.

If you doubt, before you appeare for the De­fendant, that you shall be compelled to plead sooner then you shall be prouided of instructions for the purpose; It is best for you in such extre­mity to choose the lesser euill, and to suffer an A­meeciament [Page 118] for not appearing.

Or if it may be had, it were best to imparle, per licentiam interloquendi, ouer vntill the next Terme.

In the continuing of an issue, you for the Plain­tiffe must take heede you giue not away your benifit to the Defendant, and hee Summon by Prouisio vt supra.

If vpon any Triall, at the calling of the Iury, either Attourney shall thinke the Iury to bee fa­uourable, and not indifferently returned by the Sheriffe, or his Ministers, hee that is aggrieued may desire to haue it tryed and examined, And, so if cause bee, the pannell shall be quashed, and the Venire facias shall be directed to the Coroner of the Shire.

If neede bee, you may except against any of the Iury, for that hee is not a sufficient Free­holder, &c.

And there may be foure of the Iury, such as you hold to be most indifferent, chosen by the Iustices of the Bench for Tryers, in case you shall except against the Iury.

And if any of the Iury be excepted against, or challenged for some speciall combination or matter contriued betweene the Sheriffe and them, or the Sheriffes ministers and them: That shall not bee tryed by the Iury of the Pannell, but by them that the Iury will appoynt, or by confession of the Sheriffe, or his Ministers.

[Page 119]And such things as shall be alleadged and ob­iected for matter of fauour to the one party or the other; and the challenge shall bee tryed by certaine Tryers of the pannell, ( viz.) by men that are sworne, and not challenged vpon their Oathes, and the tryall shall bee in this manner following, ( viz.)

If any principall cause of Challenge shall bee to any of the Iury, it shall not bee made, vn­till hee bee called to bee sworne.

Such cause of Challenge may bee, for that hee is a Tenant, a Kinsman, or otherwise ty­ed to bee fauourable more to the one party then the other.

Then shall the sayd Tryers goe together and consider of the matter, and finde whether hee bee a Tenant, or a Kinsman, or so ty­ed by speciall Bond to the party for whom he is challenged or no.

And the Tryers shall finde it either vppon their owne knowledge, or sufficient proofe, and not otherwise.

And the Iury shall not say, that the partie so found is fauourable, but that he is a Tenant or a Kinsman, or so, and the Law shall iudge and thinke him fauourable.

And so for all other principall challenges.

And so if the whole Iury bee challenged at the Barre, by the one party, or the other (as oftentimes they be) they shall bee tryed sigilla­tim, [Page 120] and other Tryers be called forth to try the former ones, in their turne; and so to proceede vicissim, till they be all tryed.

The manner how to proceed in the Tryall of the issue.

THe Plaintiffes Attourney shall doe well to haue the whole Record, and Rules thereunto belonging in readinesse, with all things pertinent therevnto, which hee must get to be read and receited vnto the Iury, And for the ease of the Iury, the issue whereof they are to enquire, must be truely and plainely deli­uered vnto them.

And after this is so read, and deliuered (as a­foresaid) the Plaintiffes Attourney may write in a paper the issue, and giue it to the Iury, that they may know what they are to enquire of; prouided, hee giue it to them before they depart from the Barre.

After the Record is read, the Counsaile are to say what they can for their Clyents, seuerally and respectiuely▪

Then the Witnesses in the matter are to be produced, sworne, and examined at the Barre, what they can say to the question in issue.

[Page 121]And when the Iury hath heard both parties, and the opinion of the Court (if it neede, for explanation of matter of Law) they are then to depart from the Barre, and the Court ap­points and sweares one of purpose, that he shall safely keepe the said Iury, so that none of them shall depart from the other till they bee agreed: and that no other person who is not of the sayd Iury, shall in the meane time speake with any of them, nor come among them, vnlesse it shall bee such an one as the Court shall ap­poynt to reade the Euidences to the Iury, in cse where none of them can read themselues:

If the verdict passe with you, you are to pray Iudgment, returne your Postea, to make vp a Bill of the costs and charges of your Clyent expen­ded in this cause, to carry your said Bl to the Pro­thonotarie, in whose Office the cause is entred, to assesse your said costs and expences, which beeing done, you take ou [...] what execution you please presently, Or otherwise vtlaw the Defendant vp­on that Iudgment, as you shall be aduised.

Instructions to sue forth a Recouery.

IN a Recouery in a Writ of Entry in the Post, the Attourney who sueth it forth, must take good aduice in the drawing of his VVrit of Entry, he is to carry it to the Chancery man to make it.

And the Attourney must take with him, either his Clyent, or some other person who knoweth the Land, and get him sworne before one of the Masters of the Chancery for the true value of the Land, and what it is worth by the yeare.

Thenmust the value be set down on the back­side of the VVrit, and the name of the Master of the Chancery, who tooke the Oath thereunto.

Next, this Attourney must carry it to the Kings Attourneys Clerke, who is appoynted for the same purpose to get his Masters hand vnto it.

But before you haue your VVrit againe from hence, your Clyent, or some other for him, must enter into a Recognizance to the King in such manner, as Master Attourney Generall his Clerke shall draw vp and make for you, And the said Clerke is to carry your Clyant, or other partie, who is so to enter into Recognizance to the Court of Common-pleas, to acknowledge the same before the Iudges there.

[Page 123]The effect and condition of the said Recog­nizance is, that those Lands specified in the VVrit, are not holden io Capite, and that the Recouery is not hurtfull to his Maiesty, nor his successors.

And if the Lands bee holden in Capite, you must take course before you sue out your VVrit of Entry for, license in that behalfe; otherwise you shall runne into a great inconuenience, and be forced afterwards to sue out your Pardon in this behalfe.

After your writ of Entry is passed through the Kings Attournies hand, then if the Te­nants of the Land will appeare in proper person, Your VVrit of Enrty with the Returne thereof, must be taken out into one of the Prothonotaries Remembrances, where you will haue your Recouery entred.

And then in the Margent of the Remem­brance make the appearance of him who is vouched.

And this being done, deliuer your writ to one Sergeant, and the Remembrance to another, when the Court is at good and fitting leasure.

Note withall, that if this bee done with a single Vowcher, you are to retaine three Ser­geants; and if it bee to bee done with a Double Vowcher▪ you are to retayne fiue Sergeants.

And when it is acknowledged, then you are to giue the VVrit of Entry to the Cerke of the [Page 124] Office that shall enter it, and he will therevpon enter your Recouerie, and make you an Exem­plification, & a Writ of Seisin in the same terme.

But if the Tenants do not appeare in proper person at the Barre but by Attourney, then you shall not get your VVrit of Recouery to be fully finished the first Terme; but you must haue a Summ. entred against the Tenants, and a Writ of Seisin awarded.

And it behooueth the attourney for the De­mandant to bee circumspect, both for the Re­turne of the VVrit of Entry and Seisin, and for the filling of them, as also for the Warrants of attourney on both sides, For otherwise by default or omission in any of them, the Recouery may bee ouerthrowne againe.

And for farther and more assurance in this kinde, it hath beene therefore vsed, that they haue exemplified both the writ of Entry and Seisin, with the Returnes thereof; and the War­rants of attourney, for feare least afterwards a­ny of them should be mis-filed or mis-carryed.

And if you would search for any Recouery acknowledged long before, you must first finde it with the Clerke of the Warrants.

The order to sue forth a Fyne.

FIrst draw the Precipe in sheetes of Paper, and Engrosse the Concord in Parchment: Then get your writ of Couenant made vp, by the Cursitor of the Sheire where the Land lyeth, according to Concord.

And if the Knowledge be to be taken by spe­ciall Dedimus potestatem, then you must deliuer to the Cursitor the Commissioners names that are to take the Knowledge; Of which Commis­sioners one must bee a Knight, and the Cursi­tor is to make vp the Dedimus potestatem by the Concord, &c.

Then get your Writ sealed, and deliuer it to the Commissioners, with the Concord ingros­sed in Parchment, with Seales and Waxe vnto it.

And when your Commissioners haue taken the Knowledge, they are to returne the Writ of Dedimus potestatem thus, ( viz.)

‘Executio istius Commissionis patet in qua­dam Schedula huic annex.’

And file the Concord vnto the backe-side of the Dedimns potestatem; and the Commissio­ners are to set their hands and Seales to the Con­cord, and their hands to the Dedimus, &c.

You shall then proceede with your Writ of Couenant in manner following.

FIrst, you are to goe to the Office, sometimes called, My Lord of Leicesters Office in the Inner Temple, because my Lord of Leicester had the first grant thereof: and there to compound for the value of the Land, either by Composition, or Affedauit to bee made before a Doctor who doth attend for the same purpose.

The Fine being set downe by the Officers here, you are to pay it presently to the Receiuer.

Then will the proper Officers of that Office set their hands to the back-side of the VVrit.

Then you must returne your VVrit of Coue­nant in this manner (viz.)

At the vpper end of the VVrit,

  • Pleg. de prosequend.
  • Ioh. Doo.
  • Ric. Roo.

In the middle,

  • Summ.
  • Ioh. De [...].
  • Ric. Fe [...].

At the lower end,

  • 1. M. miles vic. id est, the Sherifs name of the Shire.

THen carry your Writ of Couenant, Dedi­mus potestatem, and Records, to the Custos breuium his Office, and there deliuer them to the Clerke, who is for the Shire where the Lands doe lye; and he will take out into Paper what belongs to him to doe, and indorse the Writ, setting downe when the Proclamation shalbe made.

Then you must carry the VVrit of Couenant, Dedimus potestatem, and Concord vnto the Clerk of the Kings siluer, where hee will dispatch what appertaines to his Office; and where, what you must pay, and for what, shall appeare in the Calender of Fees hereafter in these present contai­ned.

And then take and carry all to the Chirogra­phers, or the Cirrographers (as it is corruptly stiled,) and deliuer it to him who is Clerke for the Shire where the Land lyeth, and he will hereupon make the Indentures of Fyne; For which the Fee shall appeare hereafter in his place.

Here note, that the Dedimus potestatem and the VVrit of Couenant, must agree in Names, Acres, and place.

And if the Knowledge bee taken before one of the Iustices of Assize in the Countrey, then the Iudge sets his hand to the value of the Lands, vp­pon Oath taken before him, but it is written in Paper.

And when you come to passe your Fyne in [Page 128] my Lord of Leicesters Office, so called (as I said before) because vppon the new erection of it in the dayes of the late good Q [...]eene Elizabeth, it was conferred vpon him, and was deuised & pro­uided chiefely to take notice of Alienations, be­ing the proiect of one M r. Sutton of Lincolnes Inne (as I take it.) Then you must borrow that Pa­per of the Iudge of Assize before mentioned, to shew it vnto the Officers here; Or else you shalbe compelled to compound anew for the value of the Lands, &c.

But if the Knowledge be made in open Court, then you must haue the Precipe in Parchment, which must bee annexed to the Writ of Coue­nant, and you must deliuer it vnto the Sergeant at Barre to draw; for which, his Fee shall bee set downe hereafter: and this you may do before you pay your Fine, by which Knowledging, you saue your Clyent a good part of his charge.

And if it bee Knowledged before my Lord chiefe Iustice of the Common Pleas in his Cham­ber, or in any other place sauing in the Court; then one of his Clerkes will make your Precipe & Concord, and write them in Parchment, where­vnto he will get my Lords hand.

And then you are to consute the Writ of Co­uenant to the Concord, and so passe it through my Lord of Leicesters Office, the Custosb reuium, the Kings Siluer, and the Chirographer, as is before set downe.

[Page 129]Note also (as I gaue you to vnderstand before in part) that if the Lands bee holden in Capite of the King, then you must sue forth your Li­cense of Alienation for your establing in that behalfe: For if you enter into the Lands with­out License, the King will haue a Writ of Intru­fion against you for the same, aud so receiue al the maine profits thereof likewise, vntil you haue su­ed forth your pardon heerein, which will bee a matter of much charge, &c.

How your Lieence of Alienati­on must be sued out.

FIrst, you must get him who is proper Clerke for the Licences of Alienation, to make your Dockquet, or, as it is corruptly writ, ten your Dogget, in paper, which you are to car­rie to the Office called my Lord of Leicesters Of­fice, or Office for Alienations.

At this Office, you must compound for the value of the Land, either by Commission or Af­fedauet, and you must pay the third part of the value sessed, for a Fine, and that presently after the Master of the Chancery, or Doctor who at­tendeth for that purpose, hath set his hand to the Dockquet, the fee for which hand, expect anon.

This being done, your Writ is to bee entred there in the same Office.

[Page 130]And then two Clerkes of the Office, to whom it doth appertaine of property, wil set their hands to the Dockquet, and will afterwards make your Licence of Alienatiou, and get it sealed for you, the seuerall Fees of which seuerall passages, I reserue for their proper Station, &c.

Note that the Post-fine of euery Fine know­ledged, is as much as you pay in the Chancery, & halfe as much more, and if it be to be leuied by the Sheriffe of the Shire, where the Land lyeth, which did passe by the Fine after Proclamations which is the yeere after the fine is leauied.

The Causes whereupon wager of Law lyeth.

IF any man bee sued vpon a simple Con­tract.

as,

  • Vpon Booke:
  • Vpon Emisset, or Emisit.
  • Vpon Mutuatis, or Mutauit.
  • Vpon Concessit soluere, or Assumpsit oluere:
  • Vpon an Insimul Computauerunt.
  • Vpon a Detinet.
  • Vpon a Trouer.
  • [Page 131]Vpon Debt, being not by Obligation of Bill signed and sealed.

In euery of these, the Defendant may wage his Law, that is, Hee may dispose that hee oweth the Plaintiffe nothing, and so auoyd his suite.

Wager of Law is to be done in this wise, (viz.) that he plead, Nil debit perlegem.

And so hee is to get day ouer vntill the next Terme to do his Law, Or else he may do his Law presently at his owne election.

But if he deferre the doing of his Law, vntill an other Terme; He the Defendant must haue a care to come in at his day, and do his Law.

Or if it so happen, that hee cannot come in at the time and place appoynted, His Attourney must remember the time when his Clyent was to do his Law; and vpon the same day to cast an Essoyne for him, or else the Plaintiffe will haue Iudgment against him by default.

And if the Defendants Attourney do so cast the Essoyne, then the Plaintiffes Attourney is to adiourne it, which if hee neglect to do, the De­sendants Attourney may call the Plaintiffe Nonsuit.

But if the Plaintiffe doth Adtourne it, then the Defendant is to doe his Law peremptorilie at the day giuen him; or else Iudgment shal be awarded against him by his owne default.

And in case where the Attourney for the De­fendant doth not cast his Essoyne, at the day, for [Page 132] the benefite of his Clyent, and his Clyent is not readie to doe his Law: Then the Attour­ney for the Plaintiffe may enter a Ne recipiatur, with the Clerke of the Essoynes, and giue him day in Court to doe his Law very speedilie, ( viz.) within three or foure dayes after, and vpon the Defendants default then, the Plaintiffes At­tourney may enter a Iudgement against the De­fendant.

Then is the Plaintiffes Attourney to make a Bill of his Clyents charges, & get it rated and allowed by the Prothonotarie; which done, he may make forth Execution against the Defendant, in what sort he shall thinke it best.

When the Defendant commeth in to doe his Law, He is to bring in some of his neighbours, or acquaintance, to depose with him in manner fol­lowing: ( viz.)

Euery of them must make Oath that he belee­ueth, that the Oath which the Defendant taketh and deposeth is true: (He the Defendant depo­sing before them, that he oweth no such debt to the Plaintiffe, as the Plaintiffe declareth for, nor a­ny part thereof.

And the Defendant should bring with him twelue such neighbours, or acquaintance, com­purgators with him, who should all depose in like manner (as aforesaid.)

But there is an Officer here for the case of the subiect, who will furnish the Defendant in this [Page 133] case of Wager of Law, with twelue such Com­purgators as occasion shall require; for with a lesse number you cannot wage your Law, &c.

VVhen the Defendant hath his said full num­ber of twelue: then his Attourney is to get the Prothonotarie to take his VVager of Law.

Then will the Cryer of the Court cause the Defendant to stand vp at the Barre; and the Iusti­ces will examine him, whether he oweth or detei­neth the money, or goods, or Chattels, contained in the Declaration, or any part or parcell of the same; wherevnto the Defendant is to answer yea or no.

And if the Defendant deposeth that hee doth not owe or deteine from him the Plaintiffe the same, nor any part or parcell thereof, and the Plaintiffe will stand to his action, then is the De­fendant quit thereof for euer, and the Plaintiffe lo­seth his action.

But if the Plaintiffe will not abide his Oath, intending to charge him otherwise afterwards: The Plaintiffe may bee Non suit, pay the Defen­dant his Costs, and bee at libertie to begin a new againe at another time, and to lay his action so (in some cases) that no VVager of Law shall lye therein.

Note farther, that a man may wage his Law in diuerse Reall actions:

As,

  • In Formedowne; or, Formedon,
  • [Page 134]Indescender, Remainder, or Reuerter.
  • Waste;
  • Warrant ch.
  • Donat: or
  • Any Action where Summons lyeth.

For if the Sheriffe returne that hee hath sum­moned, where he hath not summoned, wherevp­pon a Grand Cape is awarded; Then, and in such case may the Defendant come in and wage his Law that he was not summoned, and so auoide the Grand Cap.

The order to sue forth a Nisi prius extra.

IF the matter be pleaded to an issue, so that it is to be tryed by Nisi prius in London, or in the Countrey: Then must the Plaintiffes At­tourney, after issue is ioyned, see the same well en­tred, and examined by the Prothonotarie.

Then carry the Paper Booke to the Clerke of the Nisi prius; and he or some Clerke of his is to make vp the Record.

Then let your Protonotharies Clerke make forth your Venire facias; which, after it is sealed, you must carry to the Sheriffe of the Shire where the issue is ioyned, And cause him to returne your Iury.

When you haue your Iury, you are to carry it [Page 135] to the Clerke of the Iuries, that he may there­vppon make your Hab. Corp. or Distringas, which you are to deliuer to the Sheriffe. Then will he returne it, And make your warrant to warne the Iury, &c.

Then you must take your Hab. Corp, and the Iuries names beeing filed to the backside of the Writ, and Nisi prius; And deliuer them all toge­ther to the Clerke of the Assizes, who if you doe therefore giue him something more then the Or­dinarie Fees, will cull the Iury at such time as you shall appoint him; Or otherwise you may stay long enough.

Aboue all things, be sure that you iustruct your Counsell sufficiently in such things as make most to proue the issue on your party.

And haue your Witnesse or other proofes in a readinesse.

If you t [...]y your matter in London, Then the Postea commeth in on the morrow after the try­all, And Iudgement is giuen presently vppon the same.

But if the Tryall be in the Countrey at the As­sizes, Then the Postea commeth not in till the next Terme following: And then you are to call for your Postea, & therevpon to see that your Iudge­ment be well entred, &c. ( vt supra.)

Supersedeas de non Mole­stando.

THis VVrit de Non Molestando, is to pre­uent, or free the bodie or goods of a par­tie vtlawed from Arrest: and it is sued out, to the ende the partie vtlawed may haue securitie and safetie thereby, in bodie and goods, in the meane time while hee is in reuersing of the Vtlary, whereby to bee finally discharged of that euill.

If the Plaintiffe haue tooke out Processe of Vtlary, and thereby arrested the Defendants goods or bodie: This VVrit doth discharge them both, or either of them; and if the Sheriffe haue not already made sale of the goods, and before the Returne of the Cap. Vtlagat. vpon the deliuerie of this VVrit de non. Molestand. hee must returne them againe.

And if the defendant doe bring his said VVrit to the Sheriffe, after the returne of the Cap. Vtlagat. is past, it is then too late, and then the Sheriffe may choose whether he will restore the goods againe, or returne them, or the value of them, which must be appraised by men indifferent, for the Kings Maiesties best behoofe.

And in case after the Sheriffe hath so taken the goods by Cap. Vtlagat. and vppon bringing [Page 137] of the Writ de non molestand. shall deliuer back to the Defendant his said goods, he the said Sheriffe is thereupon for his Indempunity to take bond of the Defendant with sureties, that if he proue no [...] Errour in the matter, the said goods shall not bee made away, but be in readines and forthcomming at all times, and returned, if the Sheriffe shall bee compelled to restore and answere them againe.

But if the Defendant sueth forth his Writ de non molestando, & haue it in a readines about him before that the Sheriffe doth attach his body or goods vpon the Vtlary, then the Sheriffe vppon fight thereof may not meddle with his body or goods in any wise. And so much shall suffice for the VVrit de non molestando, &c.

Note, that all Actions of the Case, Debt, or Battery may be layd in what Country you please, But Trans▪ Eiectment and VVaste be locall.

The Charge of proceeding in euery seue. rall Case, and vpon euery seuerall Processe now followeth

The Charge of the Original Writ.

FIrst, for euery Originall Writ of the Common Pleas, being a single Writ.

  l. s. d.
In Debt, Trans. &c. Per piece, 0 1 4
I [...]de Post diem, 0 0 4
Item, for the double Original VVrit of those kindes, 0 1 6
Item, Post diem, 0 0 4
Item, for a fine, vpon euery O­riginall Writ as followeth   ( viz)  
If the Original exceed forty pounds, it paieth to the Cur­sitor. 0 0 8
If the Originall be a hun­dred pounds, it payes Fine. 0 10 0
And so from aboue forty pound in infinitum, the like proportionable Fine.— With the first proporti­onably.
[Page 139] l. s. d.
Item, for all Originall VVrits, besides the ordinary ones of debt, trans. Insult. and the other twelue pē [...]y writs, you shal pay Fee for making of them, as be­fore is set down in the Chancery. Vide the charge of Origi­nall writs in Chancery.      
Item, the Cōmon Proces vpon the Originall of debt, trans. &c. 0 0 6
Item, the Seale of the com­mon Processe, 0 0 7
Item, the Common Processe, vpon an Action of the Case, and other Actions of higher nature being most of them Reall, and not within the number of those which pay but twelue pence for the Original. 0 1 0
Item, the Seale 0 0 7

The ordinary charge to sue an Vtlary in a single writ.

IN primis, The Originall and Post diem 0 1 4
Item, the Capias and Seale, 0 1 5
Item, post diem. 0 0 4
Item, the Alias Capias, and Seale, with the Post Diem. 0 1 5
[Page 140] l. s. d.
Item, the Attournies Fee. 0 3 4
Item, the Plur, Cap. and Seale. 0 1 1
Item, the VVarant of Attourny. 0 0 4
Item, the exigent and Seale. 0 1 6
Item, the Proclomation and Seale. 0 1 1
Item, the returne of the Exigent for euery name. 0 1 0
Item, for fyling the Exigent and Proclamation. 0 0 8
Item, if it be with a Post termi­num, the fyling of the Exigentt wil cost 0 1 6
Item, the Attourneys fee. 0 3 4
Item, a generall Capias vtlagat. and the seale thereof. 0 0 11
Item, a speciall Cap. vtlagat. and the seale thereof 0 2 4
Item, the Attournies Fee. 0 3 4

The charges of a Nisi prius in Guild-Hall in London, taken by default.

IN Primis, The Venire facias. 0 2 7
Item, the Returne thereof. 0 2 0
Item, the Post diem of the same 0 0 4
Item, the Hab. Corp. and the Seale 0 1 11
Item, the Returne of it. 0 2 4
[Page 141] l. s. d.
Item, the Sergeant for warning of The Iurie 0 3 4
For the Copie of the issue. 0 1 0
For the Seale of the Nisi prius. 0 2 2
The Lord chiefe Iustices Fee for entring the Record into his Booke. 0 11 9
For the Reading of the Record. 0 1 0
For the Default. 0 2 4
For the Greene cloth. 0 1 0
For the keeper of the Hall. 0 1 0
For a Tales if the Iury fill not. 0 4 4
To the Iury per piece, beeing of the number in the Hab. Corp. 0 0 8
To the rest that come in by Tales per piece. 0 0 4
Item, my Lords Foot cloth seruant. 0 1 0
Item, to the Sergeant for keeping of the Iury. 0 1 0
Item, for the Barre-keeper. 0 1 0
Item, to the Cryer 0 1 0
For euery witnesse sworne per piecce. 0 0 4
Item, the Attourneys Fee. 0 3 4
Item, for your Counsels Fee. at least. 10. s.

The charge of a Nisi prius in the Countrey.

  l. s. d.
IN primis, the ven. fac. 0 2 7
The returne thereof,   vt supra.  
The Post Diem,   vt supra.  
The Habeas Co [...]pora and Seale,   vt supra.  
The Returne of it,   vt supra.  
The Bayliffes for warning the Iury,   ovt supra.  
For sealing the Record of Ni. prius,   vt supra.  
The putting in the Record at Assizes. 0 15 1
Item, your Counsellers Fee, The Attourneys Fee,   vt supra.  
Where note, that if the Attour­ney, who is named Attourney v­pon the Record, followeth the businesse, you shall saue 4. shil­lings foure pence. But if you vse any other, you shall pay the more 0 4 4
Item, All other thing [...], as Iury, The Bayliffe who keeps the Iury, Cryer, and all other, generall and for the most part. 0 vt supra.  

Fees belonging to the Prothonota­ries, and their Clerkes.

  l. s. d.
IN primis, for euery common Declaration, not exceeding the number of twentie lynes in the Roll, And the Roll vnder the number of 700. 0 1 0
Where the Originall and Capi­as are double, the Fees generally vppon the same proceeding, bee likewise double here.— duplex f [...]od.      
Declaration vppon account. 0 2 0
Entring of an issue vpon a per dures imprisonement, nunques Ex­ecutor; or ple [...]e administrauit. 0 2 4
Also for the Declaration, and for the Iudgement, similiter similiter.
Nunques Receptor pour account rendre. Pro Q. & Defen. 0 4 2
Fee of the Defen [...]ant for euery common issue. 0 1 0
Fee of the Plain [...]ffe for Con­ditions performed, wherein there is no Reioynder. 0 3 8
Of the Defendant for his part, except the Bond bee the longer, but 0 2 0
[Page 144] l. s. d.
Item, for euery Declaration, if it be but twenty lines. 0 1 4
Item, for euery sheete more, if it be aboue twenty lines. le sheete. 0 0 4
To the Clarke for coppying of the Pleas, and titling for euerie sheete.——— for euery sheete, inde. 0 0 4
The Imparlance Cop. 0 1 0
To the Prot [...]onotary for euery Im­parlance. 0 1 0
For the entring of the Condition. 0 1 0
In Reall actions, for the Copy of e­uery sheete.——— le sheete. 0 0 8
Entring of Non assumpsit for the Defendant. 0 2 0
For the Plaintiffe, similiter. 0 2 0
For euery Replication 0 0 4
For euery Reioynder. 0 0 8
For Entring of euery Bayle 0 2 0
For Entring of Nihil dicit. 0 2 4
For the Copy of the same. 0 0 8
If the same containe more then a Roll: Then you pay after the Rate of 6. s. 8. d. for euerie Roll more. Euery Roll more. 0 6 8
For euery Iudgement and Satisfa­ction in Actions Reall. 0 4 0
To the Prothonotarie for Single Voucher. 0 11 6
[Page 145] l. s. d.
To the Clerke for Entring and Exemplifying, inde, 0 4 0
The Prothonotaries allowance to the Clerke, inde, 0 1 6
For writing and examining of euery exemplification in Writs of Entry vpon Vowcher or confes­sion, if it be a double Vowcher. 0 5 0
To the Prothonotarie. 0 14 6
The Prothonotarie allowes to the Clerke, inde, 0 2 6
To the Clerke for Entring of euery Roll. 0 0 4
To the Prothonotarie for en­tring of a Summons. 0 4 6
For the Searching of any of the old Dockquets for euery Terme. 0 0 4
To the Prothonotarie for a Tre­ble Vowcher. 0 18 6
To the Clerke for entring and exemplifying, inde, 0 6 0

Fees belonging to the Phillozers of the Common-pleas.

  l. s. d.
IN primis, for euery Cup. vpon Di­stresse, and in Debt, Detinew, Ac­compt, and Trespasse, of Com­mon Processe. 0 0 6
For signing thereof. 0 0 4
Item, for euery Capias Pone, or Capias and Distresse in the common Writ of the said Action. 0 0 6
For signing thereof. 0 0 4
Item, if any such VVrit bee of the number of sixe names. 0 1 0
Item; for a Capias Pone, & Distresse. Sur. Couenant, Annuitie, of Action vpon the Statute, &c. 0 1 0
Besides the Seale.      
Item, for euery Exigent vppon the Statute, and vpon the Case. 0 1 0
Item, for the Deliuery of a Record. 0 0 4
Item, if any the aforesaid Writs bee longer then is vsuall, by reason of the number of names, or matter contained in them: Then you are to pay therefore accordingly, and ra­tably.———— Ratably.      

Fees of the Office of Custos Breuium.

  l. s. d.
INprimis, for Search of euerie Terme. 0 0 5
Item, for the Copy of the VVrit. 0 0 4
Item, for the single bundle. 0 0 1
Item, for the Fyling of an Exi­gent, if it bee without a Post termi­num. 0 1 8
Item, for the fyling of any She­riffes bundle of VVrits, so that they come in within three or foure dayes after the first Returne of the Terme. 0 0 4

Note, that by reason of the manifold incon­ueniences, and abuses, which did grow by occasi­on of the putting in, and receiuing of Writs here after the day; It was ordered and directed by the Court, That no Originall VVrit, or Plur. Cap. shall bee put in, or receiued the last day of the Re­turne, inde.

Item, the Bagge-bearer of the Custos breuium, ought to bring in the bundles of VVrits of the Terme past, on the first day of the Terme fol­lowing, to bee seene, perused, and vsed by such as haue authoritie to doe it, and that without pay­ing of any thing for the same.

Dueties and Fees belonging to the Treasurie-house.

  l. s. d.
IN primis, for a Search, when you b [...]ing with you the Terme and Number Roll, And if it bee in the Terme time, or before the Doore is shu [...] vp.———— euery search. 0 0 4
And if you come to search in the Vacation, after the Doore is shut vp, Then you pay to the Keeper of the same house for opening the Doore. 0 2 0
And if you search any of the old Termes, Then you must pay for eue­ry of the said Termes which you doe so search. 0 4 0
Item, the Officers and Attour­neys ought to search and see the Es­soines Rolles and old Termes in the Treasurie, for thei [...] better informati­on and direction in their owne busi­nesse, without paying any Fee at all. No Fee in priuiledge.      
Item, for a Supersedeas▪ vppon Main prise, which should bee taken (the Defendant beeing present in per­son:) 0 2 0
[Page 149] l. s. d.
Item, a Bill of Baile thereupon: 0 0 4
Item, for writing, examinatiōn, and certifying inde, 0 12 1
Item, for Fees of Re [...]. of Pardon vpon an Vtlary 0 6 2
For the certifying of the Re­cord inde, 0 2 1
Item, for the Warden of the Fleete inde, 0 2 4
Item, for the Clerks paines 0 1 8
Item, the Siri facias inde▪ 0 0 6
Item, the bill of bayle, 0 0 4
Item, for euery Nisiprius, so that it exceede not three Sheets. 0 2 0
For euery Sheete aboue three 0 0 4
For the Seale 0 vt supra.  

Fees of the Clerke of the Essoynes follow.

  l. s. d.
IN primis for Enroling of euery Esso [...]ne. 0 0 6
For euery Idem dies. 0 0 4
For euery Adiournment, 0 0 4
For euery Bill of Exception, 0 0 6
For e [...]ery Ne Recipiatur 0 0 6
[Page 150] l. s. d.
For euery Supersedeas made by the Clerke of the Treasurie, 0 2 4
For euery Copy thereof: 0 0 8
If any Roll be spoiled by any of the Prothonotaries Clerke, or any other Clerk that doth enter any roles, then the party that so spoi­leth thē, may go to the Office, & get a new one, paying for the same. a Roll. 0 1 0
Item, of the Lord cheife Iustice for making and binding of euery Terme, for his Fee inde 0 13 4

The Cryers Fees.

  l. s. d.
IN primis, for euery verdict or Non suite in the Court, 0 0 4
For euery Fine knowledg­ed at the Barre, 0 0 8
For calli [...]g, keeping, and swea­ring of the Iury: 0 0 4
For e [...]ery wager of Law, 0 0 8
For euery Recouerie at the Barre. 0 1 0
Item, he ought to haue of euery Attourney of the same Court at the end of euery Terme, which he well deserueth,——— of euery At­tourney. 0 0 4

The charge of the reuersing of an Vtlary followeth.

  l. s. d.
IN primis, to the Exigenter for the Terme and number Roll, 0 1 4
For a Warrant to enter the Attourney. 0 1 4
For entring of the Vtlary. 0 6 8
To the Clerke that enters it for his paynes 0 1 6
For the Pardon▪ 2 0 0
For the Supersedeas, 0 3 0
For the Scire facias, and the Re­turne inde, 0 2 4
The Attourneys Fee. 0 3 4
Summe 3 0 2

Fees belonging to the Clarke of the Vtlaries follow.

  l. s. d.
IN primis, for search of euery Terme, 0 0 4
Item, a generall Capias Vtlagat. 0 0 10
Item, for a Speciall Capias Vt­l [...]gatum, 0 2 4
[Page 152] l. s. d.
Item, the Certiorare vpon an Vtl. 0 2 0
For a Coppy and fine, 0 0 10

And for your direction Note, That if you would cause an Vtlary to be certified, which is in the Sheriffes hands: For that the parties are agreed, you must first get a true Copy of the Exigent, which you must bring to the Clerke of the Vtlaries, and request him to make you a Cer­tiorare thereby, directed vnto the Sheriffe of the Shire, where the Defendant is vtlawed, This you are to deliuer vnto the Sheriffe, and hee thereupon must certifie and returne it ouer of force, though the Plaintiffe do not with-draw the Exigent.

The charges of trauersing of an Vtlary, and Pardon vpon the same, wherevpon you are to proceede in this and other Courts accommodatelie.

  l. s. d.
IN primis, the Search of the Num­ber Roll. 0 0 4
Item, the Certiorare out of the Chancery to remoue the Record. 0 2 6
[Page 153] l. s. d.
Item, the Clerke of the Treasu­ry of this Court, for remouing of the Record. 0 14 1
Item, for drawing of the Pardon, 0 3 4
Item, for ingrosing of the pardon, 0 6 8
Item, for examining of it. 0 1 0
Item, for inroling of it in the Chancery 0 3 4
Item, for the great Seale. 1 0 6
Item, for the first Sciri fac. 0 2 6
Item, the Returne thereof. 0 2 0
Item, for entring of the Vtlary. 0 0 8
Item, to one of the Prothonotaries for allowance of the pardon, 0 2 4
Item, the Post Diem of the first Sciri facias. 0 0 4
Item, the copy of the Entry. 0 1 0
Item, to the Clerke of the Vt­laries for discharging of the same. 0 2 0
Item, the Supersedeas de non mo lestando. 0 2 6
Item, for the Attournies Fee, 0 3 4
Summe 3 6 4

The-charges of a Recouerie at the Barre.

  l. s. d.
IN primis, the writ of Entry, 0 2 6
For entring of the writ of entry in the alienatiō office 0 0 4
To the Doctor or him that doth atend for the cōposition. 0 0 4
For indorsing of the wri [...]. 0 0 6
For filing of the same, 0 1 0
For fine thereof, accor­ding to the value made by deposition of the party.— As in the Table fol­lowing hereafter.
To the Receiuer. 0 0 6
For the Returne thereof. 0 2 0
To Master Attourney Ge­nerall for signing of the writ. 0 10 0
To the Secondary for making the remembrance. 0 2 0
For a Single Vowcher for three Sergeants. 0 10 0
For a Double Vowcher to foure Sergeants. 0 13 4
[Page 155]If there be not so many Sergeants at the Barre, at the time of the knowledging of the recouery, whe­ther with single or double Vowcher, as there ought to be, The ouer- plus of the Sergeants due is to bee deliue­red to the Puisne one—— To the Puisne le surplus [...]ge.
  l. s. d.
Iustice to the Poores Box 0 0 6
Pro Iustic. [...]unioribus, 0 2 0
The Common Vowcher. 0 0 4
To the Cryer. 0 1 0
To the Keeper. 0 0 6
To the Prrthonotarie for en­tring a Single Vowcher. 0 14 6
To the clerke for exemplifying of the same. 0 5 0
For the Seale of the Recoue­ry in greene Wax. 0 2 2
The Writ of Seisin and Seale, 0 1 1
The Returne of the Post Diem thereof. 0 2 0
The Warrant of Attourney. 0 0 8
The Attournies Fee 0 3 4
And if there bee a writ of Sum­mons awarded, for that the Re­couery cannot bee perfected in one Terme, the Attourney may demand another Fee, very rea­sonably and iustificably.— Double Fee, pro Attornato.
[Page 156]For taking of Affedauit, pro valore terr. 0 0 4
For the Writ of Summons▪ 0 2 0
For the Returne and Post diem. 0 2 4
Summe total▪ besides the Fines, 3 6 0

The Fines follow, Secundum ratum & Consuetudenem.

Valew of
Land,     Rate,
l. s. d▪ Payeth l. s. d.
The Land of yearely valne of 3 6 8   0 6 8
The Land of yearely valne of 5 6 8   0 10 0
The Land of yearely valne of 7 13 4   0 13 0
The Land of yearely valne of 8 13 4   0 16 8
The Land of yearely valne of 11 0 0   1 0 0
The Land of yearely valne of 12 0 0   1 3 4
The Land of yearely valne of 14 6 0   1 6 8
The Land of yearely valne of 15 6 8   1 10 0
The Land of yearely valne of 17 13 4   1 13 4
The Land of yearely valne of 18 13 4   1 16 8
The Land of yearely valne of 20 0 0   2 0 0
The Land of yearely valne of 22 0 0   2 3 4
The Land of yearely valne of 24 6 8   2 6 8

And so proportionably, and according to the said Rates.

The Charges of a Fine, with license of Alienation, followeth.

  l. s. d.
INprimis, for making of the Dock­quet, 0 1 0
For signing of the Dockquet, 0 2 0
For entring the Fine, 0 0 6
Note that The Fine for Alienation, is the third part of the yearely profi [...]s of the Lands set downe by the [...]fficers in the Dockquet,—— Fine third part Valo­ras terr.
For making of the License, and for sealing of it, 2 0 0
For entring of the composition. 0 0 6
The Writ of Couenant. 0 2 6
The Fine in the Writ of Co­uenant, is the tenth part of the Value, as it is set downe by the Officers——— Fine bre. Couenant texth part valoris terr.
To the Custos breuium▪ 0 2 8
For entring of the Kings siluer. 0 0 6
To the Chirographer. 0 5 8
The allowance of the Procla­mation, 0 1 0
[Page 158] l. s. d.
For engrossing of the Fine, and expedition. 0 1 6
The Attourneys Fee, 0 6 8
Summe Total. besides Fines. 3 4 4

The charge of a Fine knowledged by speciall Dedimus Pote­statem.

  l. s. d.
INprimis, the Writ of Dedimus potestatem, 1 2 2
The Fine in the Hannaper, 0 6 8
The Lord Chiefe Iustice his hand to the Dedimus potestatem. 0 1 0
To the Master of the Rolles, for his hand to the same, 0 1 0
The Returne of the Dedimus potestatem, 0 2 0
The Attourneys Fee, 0 3 4
For drawing of the Concord, 0 3 4
The VVrit of Couenant, 0 2 6
The post Diem inde, 0 0 4
The Returne thereof, 0 2 0
Item, one of the Custos▪breuium his Clerkes, which taketh out the fine, 0 1 0
[Page 159] l. s. d.
The Fine is according to the Value ( id est) the tenth part of the value, 0 10. pars  
For the Commission or Affedauit. 0 0 4
For the Kings siluer. 0 10 4
The Entring of the writ of co­uenant, 0 0 6
The Custos breuium, 0 2 8
To the Chirographer, 0 6 6
If you bring your Writ of Co­uenant after the Terme is ended, The allowance of the Proclama­tion will cost you 0 1 0
For engrossing of the Fine, 0 1 0
For Expedition, 0 0 6
For the Attourneys Fee, 0 3 4
Summe Total. besides the Fine to the King, is 2 1 10

And so much shall suffice for the charge of a Fine so acknowledged: Now followeth,

The Charges of a Fine knowledged before my Lord chiefe Iustice of the Common-Pleas

INprimis, for drawing of the Concord. 0 2 6
[Page 160] l. s. d
The Writ of Couenant, 0 2 6
The Knowledging before his Lordship, 0 9 0
The fine for the Value Vt supra.    
For the Affedauit and compo­sition. 0 0 4
For entring the Writ of coue­nant, Vt supra.    
To the Receiuer, for making of the VVrit, and knowledging of the same. 0 0 6
The Returne of the VVrit of couenant, 0 2 0
The Post D [...]em inde, 0 0 4
To my Lord chiefe Iustices man for getting of his Lords hand to the concord, 0 1 0
To the Custos breuium, 0 2 8
For engrossing of the fine, 0 1 0
For expedition, 0 0 6
Attourneys Fee, 0 3 4
Summe Total. besides Fine to the King. 1 13 4

The Charge of knowledging a Fyne at the Barre.

  l. s. d.
FOr engrossing of the Concord, 0 2 6
Bre [...]de Couenant: 0 2 6
Affedauit, 0 0 4
Allocatio Bre [...]e Couenant, 0 0 6
To the Receiuer, 0 0 6
To the Sergeant at Barre, 0 3 4
To the Prothonotaries Clerke for making the Knowledge, 0 0 6
To the Box, 0 0 6
To the Porter, 0 0 6
Fyne to the King, vt supra.    
Returue of the Writ of Co­uenant, 0 2 0
Custos Breuium, 0 2 8
Entring of the Kings siluer. 0 0 6
To the Chirographer, 0 5 8
Engrossing o [...] the fine & exped [...]tiō, 0 1 6
Summe totall, besides the Kings Fine, 1 3 6
ALL Writs of Couenant, Writs of Assize, and Writs in nature of Assize aboue the value of fortie shillings, pay Fyne,—— as before is set downe.
Writs of Debt, and Writs of Trans. Aboue 40. l. pay Fyne as follow­eth, (viz.) [Page 162]Aboue 40. l.—vnto 100. l. payes, ▪0. l. 6. s. 8. d.
l. s. d.   l. s. d.
100 0 0 payes 0 10 0
133 6 8 payes 0 13 4
146 6 4 payes 0 16 8
200 0 0 payes 1 0 0
233 6 8 payes 1 3 4
240 13 4 payes 1 6 8
300 0 0 payes 1 10 0

Et sic progreditur in infinitum.

VVRits of Forme-downe aboue the value of foure poundes, pay Fyne in forme fol­lowing.

l. s. d.   l. s. d.
5 6 8 payes 0 6 8
6 6 8   0 10 0
10 13 4   0 13 4
11 13 4   0 16 8
16 0 0   1 0 0
17 0 0   1 3 4
18 0 0 Ratably.      
19 0 0 Ratably.      
20 0 0 Ratably.      
20 0 0 similiter.      
22 6 8   1 10 0

Et sic de ceteris proportionabiliter procedendum est.

[Page 163]All Writs of

  • Pone of Iustic.
  • Pone of Writs of Right,
  • Pone de auerijt bonis & Catallis,
  • De Conspiratione,
  • Falso Iudicio,
  • Recordare of all kindes except de auerijs- &c.
  • Accedas ad Curiam,
  • Dedimus potestatem for knowledge of a Fine, or Deede to be enrolled or cancelled.
  l. s. d.
Euery one of these Writs doe pay Fine, 1 6 8

I Doe confesse that I haue here omitted the pre­cise order of setting downe the proceedings of the Common-Pleas, in the way of gradation & true footmāship in the scale of method numerou­sly; as also in the deliuery of the Fees of this court.

I do acknowledge, that more might haue bene added; and some of these may bee subiect to the quarrell of those who desire to keepe their Law­mysterie in Emblems and Caracters, like to cosnci­onable Caldeans; rather then to cōmunicate them with the publike in a knowne way of dealing, and a familiar language of commerce: For aunswer whereunto, I referre me to the preface in the fron­tispice hereof.

Desiring onely such as affect generall good, to testifie their generous and ingenerate goodnesse in the assistance hereof.

[Page 164]Thus the Author prayes in ayde of your Com­mon Pleas men especially, and as duetie more bin­deth him, of that most worthy to be so most emi­nent a Prothonotarie among you, M r. Brownlowe with this Conclusion:

You that are Masters of this Science,
I aske your ayde and free suppliance.
Cat [...]ra turba tuas muscas venare; ministro:
Fulminis hac valido propria praeaa: Vale.

THE KINGS BENCH.

THE Kings Bench consistes of the Prothonotary side, and the Crowne Office side, &c. On the Prothonotaries side are (as I deliuered in my Search of Record:)

Onely Personall Actions, and some mixt Actions? besides such matters as the King is partie.

FOR their proceeding in personall and mixt Actions, It is generally the like as that of the Common-pleas, and therefore shall not require a second recitall. So are their Fees [Page 166] generally alike: For he that is a sufficient Com­mon-pleas man, is able to the practice of any other Court of Common Law whatsoeuer.

And therefore I shall onely shew you in what poynts of proceeding they doe differ, and how easily those differences are, or may bee reconciled withall.

The Kings Bench vseth onely a Latitat for their leading processe.

To this, the first Leading Capias of the Common-pleas does answere.

For as the Capias hath an Originall Writ to goe before it? So the Latitat supposeth and pre­tendeth a Bill of Middlesex to lead it also, For that is granted in the Kings Bench, because it is intended that the Defendant vpon returne of a Bill of Middlesex precedent doth Latitare in ualliua tua, &c.

Onely the Latitat is like to Doctor Giffords wa­ter, which serues for all diseases, and so it holds one forme in all cases and Actions whatsoeuer, and charges the defendant onely De pl. Trans, bee it for debt or other cause, &c.

But the Originall must containe the true cause of action, and be so exactly set downe and drawn, that all the following Processe and proceeding, may be tyed to agree with it punctuatim.

The Kings Bench man payes fiue to the King, in debt and the like actions aboue—40. l.

So doth the Common-pleas man too.

[Page 167]But the Kings Bench man, he payes but halle so much as the Common-pleas man doth; and the Common pleas man is the better pay-maister too: For hee payes at the first entrance into suite, and vppon the Originall, whereas the other payeth not till hee declareth, which in many cases neuer is done at all.

In the Kings Bench, the Plaintiffe hath longer time to declare then is allowed in the Common­pleas. And where the defendant appeareth vppon ordinary Bayle, whosoeuer will, may come in and declare against him, which is not vsed in the Com­mon-pleas

In the Kings Bench you shall not neede to put in special baile, vnlesse it be for debt vpon Speciality

So is it likewise in the Common-pleas.

But the Common-pleas enioynes speciall Bayle for 10. l. And the other not vnder 20. l.

In the Kings Bench, the Attourney for the defendant may mend or alter his Plea, after it is deliuered ouer.

So may the Common-pleas man too.

But the Common-pleas man must doe it within the same Terme: whereas the Kings Bench man hath a longer time, For that hee is not tyed to enter by parcell, and so soone as the Common­pleas man is; but to doe it altogether, and at much more leisure.

For the charge of remouing the body of a­ny Prisoner, by Habeas Corpus in the one, or by [Page 168] Ostensum est in the other, though there bee some difference in the first rise, and here and there after­wards in the proceeding of the Remooue, put­ting in Bayle, and filing of it, yet if wee conferre their Bills of Costs together: in the conclusion we shall finde a very little difference in the whole.

Both pay dammage cleere, that is, poundage vpon euery twenty shillings in a Iudgment: But the Kings Bench payes onely twelue pence in the pound, and the other payeth two shillings.

There bee some other few differences in the formalitie, but none in the substance of their my­steries. And thus I leaue the Prothonotary side.

For the Crowne Office side: It pleased some to make an especiall suite to exclude my pen from meddling in their mysterie in my former Worke. And therefore (as I then sayd) so I must now resolue, that I doe aduisedly pretermit it, and giue it backe to their owne care, who are bet­ter able to performe this generall good at their pleasure, when it shall please them to intend the publique. And now I bend my iourney home­ward, and to my natiue Birth-bed: London.

LONDON, THEIR COVRTS OF COMMON LAW; (viz.) First, The Lord Mayors Court: 2. The Sheriffes Courts.

THey doe all deale in Actions personall for the most part, vnlesse on the Lord Mayors side sometimes a Reall Action falls in by chance, for matter or demand of something lying within the Citie.

Their proceeding generally is ad exemplum of the Kings Bench, onely differing in such cases, as where their Customes carry their predomina­tion.

The Defendant, if he bee a Free-man, hath foure defaults, (that is) foure the next Court dayes of the place where the action lyeth, to put [Page 170] in Bayle to the cause: But the Forteyner hath no such priuiledge.

The Plaintiffe hath a day ouer to declare, vn­lesse it bee so that the Defendant is a Prisoner ly­ing in Durance vppon the same suite; For in such case the Plaintiffe must declare vppon the very next Court day following the Arrest.

And the Defendant is brought by Writ out of the prison to the Barre, to pleade vnto the said Declaration.

There is one mayne difference betweene the Proceeding here, and that aboue at VVestminster, which is in the most familiar and ordinary acti­on of the Citie, ( viz.) their Indebitatus assumpsit, And that is, that they deny wager of Law here, vppon it: which (howsoeuer it bee countenanced, and glossed by the Custome) I am sure it takes a­way the Inheritance of a free-borne Subiect by the Law.

The like opinion I haue of an Attachment made of goods in proprijs minibus of the owner.

The proceeding heere generally in all ca­ses, where they lay by their Customes, are to the president of the Common Law at VVestmin­ster.

Onely they haue one helpe besides; Errour, and Erronicè emanauit, after Verdict heere, which is to marke the cause before my Lord Mayor; where how farre that Superintendency may ouer­rule, I know not.

[Page 171]

  l. s. d.
The charge of the proceeding in the Sheriffes Courts in any or­dinarie Action, where the Iudge­ment is had by default, is about- 0 16 0
Where the Iudgement is had by Verdict of Iury, about 1 6 8
For a Non suit, in case where the Plaintiffe doth not declare, a­bout 0 8 0

For the Customes of the Citie, I referre you to read

  • Dunthorne, and,
  • Liber Albus:

Both which treat vppon the same subiect, and are kept in their common Treasurie at Guild-Hall in London, as I declared in my last of Direct. on for Search, &c.

And so much may suffice for London, in auoi­dance of Repetition of the same matter o­uer againe, for feare of abusing of your patience, or accusing of mine owne me­mory, &c.

All other Court of Records in all Cities, and great Townes Incorporate:

THey all are led to the example of the Com­mon-Pleas, and Kings Bench generally; And their proceeding (as vnto the formalitie) is alike for the most part: And therefore my ex­cuse is gone before me; for that I doe dwell no longer vppon them: but carry my eye higher, which is into.

THE STARRE­CHAMBER:

The practise of proceeding there.

FIRST, It is to be vnderstood, that in case betweene party and party Subiects heere, the Leading Processe is onely a Sub p [...]na ad summonendum against the Defendant.

And the Defendant hath foure dayes after the Returne of the Sub p [...]na to make his appearance, which he must carefully enter.

  l. s. d.
And for entering his appea rance, he is to pay. 0. 2 0
Besides the Attourneys Fee, which seruas also for the whole Terme. 0 3 4
[Page 174]If he appeare after the foure dayes, and no attachment bee awarded against him, he then payeth onely for the Post diem      

After the time limmited for the Defendants Appearance is past, vppon the defendants de­fault, and Oath made of the seruing of the Sub paena, the Plaintiffe may haue an attachment against the defendant.

  l. s. d
He shall pay Fee for the Oath. 0 2 6
For the VVarrant for the At­tachment, 0 2 4
Also for the VVrit and Seale, 0 2 6

If his Returne be at a day certaine, hee hath that day and the next day after to appeare.

But if vpou a generall Returne, he hath foure dayes after (as aforesaid) wherein it appeareth likewise, that this Court followeth the practise of the high Court of Chancery.

If the Attachment go forth, and the Defen­dant be taken thereupon, and commeth in then to make his appearance: hee must enter into Bond to answere the Contempt.

Fee inde, 0. l. 2. s. 0. d

If a Bill bee exhibited, the party against whom it is, may, (hauing notice thereof) if hee will, appeare gratis vnto it, and make answere without Processe.

If vpon the Attachment made out against the [Page 175] Defendant for not appearing, the Sheriffe re­turne Nihil feci, the Plaintiffe may haue an A­lias Attach.

  l. s. d.
For the Warrant Inde. 0 3 4
VVrit an [...] Seale, 0 2 6

If the Sheriffe returne Non est inuentus, vppon the Attachment, the Plaintiffe may haue at At­tach. with Proclamation: wherein this Court still persues the practice of the Chancerie, &c.

  l. s. d.
Fee for VVarrant inde, 0 3 4
VVrit, 2 2 6

And if the Defendant do not appeare vppon the Proclamation, the Plaintiffe is to call for the Returne thereof, which the Sheriffe will returne Proclamari feci, and thereuppon the Plaintiffe may sue forth a Cōmission of Rebelion, directed to sixe such Cōmissioners as himselfe shal please to name, for the apprehension of the Defendant, &c.

  l. s. d.
Fee for the VVarrant inde, 0 3 4
VVrit and Seale, 0 15 0

If the Defendant appeare vpon any of the At­tachments, the Plaintiffe may haue him com­mitted to the Fleete for his Contempt; vpon or­der therein.

  l. s. d.
For entry and Copy of the Order inde, 0 3 0

[Page 176]VVhere note, that it is no contempt, vntill such time as the Counsaile shall iudge and order it to be a contempt.

If the Defendant, after he hath appeared vpon Attachment, do depart without answering of the Contempt; his bond may be estrated into the Exchequer, and order may bee for his Commit­ment likewise, notwithstanding the aduantage to be taken of the Bond.

The Plaintiffe must, before he hath any VVar­rant for the Processe here, put into the Court a perfect Bill, or else a Bill pro forma.

If the Plaintiffe do exhibit a Bill pro forma, So much time as the Defendant hath after the Returne of the Sub p [...]na to make his appearance, euen so much time hath the Plaintiffe to make his Bill perfect.

If the Plaintiffes bill bee not put into the Court in due time, the Defendant may get him to bee dismissed with Costs.

  l. s. d.
Fee for euery twenty shillings assessed for costs to the Clerk [...] of the Court inde.——vpon the pound. 0 2 0

  l. s. d.
For the VVarrant to lead the VVrit whereby to demande it. 0 2 0
For the VVrit and Seale. 0 2 6

If vpon seruing of the sayd VVrit for Costs, and Affedauit made on that behalfe, the costs bee not payde by the Plaintiffe, the defendant [Page 177] may haue an Attachment against him.

The Fee of which Attachment,— vt supra.

The Defendant hath eight dayes after his appearance entred, to put in his Answere, so as he doe appeare within his due time.

  l. s. d.
For the Copie of the Bill, for euery sheete, inde 0 1 0

If the Defendant can not appeare personally, by reason of Impotencie, &c. Vpon Affedauit made in that behalfe, Hee may haue a Dedimus potestatem, to take his Answere in the Country, as is vsed in Chancerie.

  l. s. d.
Fee for the Affedauit herein, 0 2 4
The Copie thereof, 0 2 0
The Non appearance of euery se­uerall Defendant serued to appeare and hauing this benefit,—— payable in Court. 0 1 4
For euery the like for the same, to his Attourney, per piece— euery name. 0 1 8
For engrossing of the Bill, for euery sheete, inde——euery sheete. 0 0 8
The Warrant, 0 3 4
The Wri [...] and S [...]ale, 0 7 2

If the O [...]h to iustifie the impotencie in the said case cannot be made; Then the said Dedi­mus Potestatem must be obtained, of, and from the Lord Keeper, and by suite vnto him to bee made in that behalfe.

[Page 178]

  l. s. d.
Fee for the Entry of this Or­der, 0 3 0
For the other Fees, vt supra.    

If neither the [...]ffedauit of impotencie can be made; Nor the Lord Keepers allowance can be had herein, Then meanes must be vsed to pro­cure the Plaintiffes consent, that the Answere may bee made by Dedimus Potestatem in the Countrey; which if it be also denyed, there is no remedy, but the answere must be made heere personally, vnder the perill aforesaid.

After a Commission of Dedimus Potestatem is gone forth to take the Answere in the Coun­trey, It must be returned, after it is executed, by Oath; vnlesse one of the Commissioners himself bring it.

  l. s. d.
Fee for the Oath in this case, 0 0 4
For the Entry thereof, 0 1 0

Where note, that the deliuerie made by a Commissioner, saueth both the Oath, and the charges of the Oath also.

And if the Defendant in this case doe not answere in time: Then the Plaintiffe may make out an Attachment, ( vt supra.)

  l. s. d.
For the Warrant inde 0 3 4
For the Writ, 0 2 6

And vpon the Attachment in this case, the Plaintiffe may proceed to a Commission of Re­bellion, ( vt supra.)

[Page 179]And if a Dedimus Potestatem bee granted to the Defendant to make answere in the Coun­trey; The Plaintiffe may, if he please, ioyne with him therein, and minister Interrogato­ries for the Defendant to answere vnto like­wise.

If the Plaintiffe do ioyne with the Defendant in the Dedimus potestatem; And the Dedimus po­testatem is obtained by Affedauit made ( vt supra.) The Plaintiffe must then and in such case pay to the Defendant the one halfe of the charge of the Writ and Seale, &c.

  l. s. d.
Fee for the Warrant for the Writ, 0 3 0
The Writ, 0 7 2

The Plaintiffe hath foure dayes, after the De­fendant hath deliuered in his Answere, to put in his Interrogatories, wherevpon the Defen­dant is to be examined.

  l. s. d.
Fee for the Copy of the Answere for euery sheete, inde 0 1 0

And if the Defendant so please, he may omit the benefit of putting in of any such Inter­rogatories at all: For he is not bounden there­vnto.

And if the Defendant doe depart out of Towne, before he be examined vpon Interroga­tories (as aforesaid.)

Then the Plaintiffe may haue an Attachment against the Defendant for such departure.

[Page 180]

  l. s. d.
Fee for the Warrant inde, 0 3 4
For the Certificate of the Exami­ners, to testifie that hee the Defen­dant is not examined, 0 1 0
For the Writ, 0 2 6

And vpon the said Attachment, the Plaintiffe may proceed to the Commission of Rebellion against the Defendant, if hee will in manner (as aforesaid.)

If the Interrogatories bee put in by the Plain­tife; The Defendant may bee examined thereupon.

  l. s. d.
Fee for the Examination, 0 2 4
For admittance to Attourney, 0 2 4

But if no Interrogatories bee put in by the Plaintiffe, within the time limited (as aforesaid:) Then after the time (which is foure dayes) ex­pired, the Defendant may safely depart out of Towne,

Prouided, that hee the Defendant doe first obtaine from the Examiners a Certificate, to te­stifie that the plaintiffe hath not yet put in any Interrogatories against him.

Fee for the Certificate,—— vt supra.

For his admittance to Attourney,— vt supra.

And if the Defendant doe Demurre to the Bill of the Plaintiffe: Then the Defendant shall not need to put in Sureties therevpon, but only [Page 181] to moue the Court, that his said Demurrer may be referred to the Examination, and Consi­deration of some of his Maiesties Iustices of ei­ther Bench, or to some of his Maiesties Coun­saile learned in the Law: and that they may certifie backe to the Court, whether the said Demurrer be sufficient or no.

  l. s. d.
For the entry of the Order here vpon, 0 3 0

And if the Iustices, or his Maiesties Counsell in the Law, to whom the said Demurrer is so re­ferred, and committed, doe vpon Examination and Consideration therof, certifie to the Court, that they finde the said Demurrer to be insuffi­cient: Then therevpon the Defendant is to pay to the Plaintiffe for his extraordinarie costs in this behalfe, forty shillings.

And the Plaintiffe in this case may likewise haue a Sub poena against the Defendant to make a better Answere.

  l. s. d.
Fee for the Euery, and Copy of the said Certific [...], 0 2 0
The Warrant for the Writ to cal the Defendant to make a better answere, 0 2 0
The Writ and Seale, 0 2 6

And if the Defendant doe not pay to the Plaintiffe the said summe of forty shillings so a­warded for the Insufficiencie of the Demurrer; and that vpon the returne of the Sub poena to [Page 182] make a better Answere; Then the Plaintiffe may haue a Sub poena ad soluendum in that be­halfe against him.

  l. s. d.
Fee for the Warrant inde, 0 2 0
For the Writ and Seale, 0 2 6

And if the Defendant doe not pay the Plain­tiffe vpon that Sub poena being serued vpon him, And Oath thereof be made: Then the Plaintiffe may haue an Attachment against the Defendant for his said Costs so awarded, and proceed therevpon:———— vt supra.

The Fees, inde——— vt supra.

If Affedauit be made that the Defendant is so aged or impotent, that hee cannot come to answere or Demurre heere in person, His Demur­rer will be accepted, as though hee were perso­nally present heere at the doing thereof.

And then if the Defendant doe Demurre to one part of the Bill, and Answere to another part of it; The Defendant is to answere to In­terrogatories, touching that part of the Bill, vnto which he so answered.

And if vpon examination had of the Defen­dants Demurrer: The Iustices, or such of his Ma­iesties Counsaile learned in the Law, vnto whom the same was referred, doe certifie to the Court that they finde the Demurrer to bee suffi­cient; Then, and thereupon the Plaintiffes Bill is to be ouerthrowne, And the Defendant shall [Page 183] be dismissed out of the Court, with his Costs in this behalfe sustained, to hee allowed vnto him.

  l. s. d.
Fee for the entry, and Copie of the said Certificate, 0 1 0
For the dismission, 0 2 0
To his Attourney for his Bill of Costs, 0 6 8
To the Clerkes for entry, 0 2 6
For the Warrant to lead his Writ ad soluendum, 0 2 0
For the Writ and Seale, 0 2 6

Where note, that if neither the Plaintiffe, nor the Defendant doth moue the Court to haue the Demurrer to bee referred in manner as a­foresaid; there the cause proceedeth no farther, but dyeth.

And note, that oftentimes the sufficiencie of answere made to Interrogatories, is referred by the Court to Committees: But howsoeuer the Certificate is made therevpon, for, or against ei­ther party, no dismission doth follow therevpon; Onely some small costs is awarded to the party, on whose side the Certificate is made: for the Recouerie of which costs, they may take such course and order, as is to be taken in case of a Demurrer.

Fees vnde,———— vt supra.

When the Defendant hath put in a sufficient Answere to the Plaintiffes Bill, and the Defen­dant is likewise examined vpon Interrogatories [Page 184] (as aforesaid:) Then the Plantiffe may Reply, and take forth a Writ ad reiungendum against the Defendant, which must be serued vpon him for that purpose.

Fee for the Copy of the Answer and Examination super interr.—0— vt supra.

  l. s. d.
The Warrant to lead the Writ, 0 2 0
The Writ and Seale, 0 2 6

Where note that the Plaintiffe is not compel­lable to Reply, before such time as all the De­fendants haue made answere.

And if the Defendant answereth generally, Not guilty: Then there shall need no Replicati­on to be made at all; because they be at issue vp­on the same Plea; And then the Plantiffe may take out his Writ ad iungendum in Commissione, to make the Defendant ioine with him in Com­mission.

Fees inde,———— vt supra.

And if the Plaintiffe doe Reply, before such time as the Defendant is examined vpon Inter­rogatories; hee loseth the benefit of examining the Defendant in that kinde:

And if the Plaintiff do not reply, the next day af­ter the dayes expired, which are giuen to him in warning, to make his Replication: The Defen­dant may in such case, and vpon such default of the Plaintiffe, moue to haue the cause dismissed, for want of effectuall prosecution.

[Page] [Page] [Page 185]

  l. s. d.
Fee for the Entry of the Order, 0 3 0

For the Rest,— vt supra, for Demurrer.

When the Plaintiffe hath serued the Writ ad Reiungendum vpon the Defendant, And Affe­dauit bee thereof made, Hee may take forth his Commission to examine Witnesses.

This Commission is to be directed vnto such Commissioners, as the Plaintiffe and Defendant shall agree vpon.

  l. s. d.
Fee for the Affedauit made for the seruing of the Writ ad Reiun­gendum, 0 2 4
The Warrant, 0 3 10
The Writ Com. 0 7 2

If the Defendant doe refuse to ioyne with the Plaintiffe in the Cōmission: Then the Plaintiffe may sue out the Commission himselfe alone on his party, and direct it vnto foure Iustices of the Peace, and execute it at his pleasure:

Otherwise the Plaintiffe may (if he will) exa­mine his Witnesses here in Court.

When the Writ ad Reiungendum is serued vp­on the Defendant, he need not to enter any ap­pearence therevpon, but onely to Reioyne to the Replication.

Fee inde———— vt supra.

And if the Defendant doe ioyne with the Plaintiffe in Commission: Then the Defendant [Page 186] is to pay the one halfe of the Fee of the Com­mission:

Fee inde, 0 vt supra 0

If the Plaintiffe doe delay the suing forth of any Commission to examine Witnesses, Then the Defendant, vpon Oath made that hee was serued to reioyne, may himselfe alone take forth a Commission to examine on his party:

Fee inde,———— vt supra.

Or otherwise, the Defendant for such delay of the Plaintiffe, may the next Terme following moue to haue the Cause dismissed.

When the Commission is executed and retur­ned▪ The Plaintiffe or Defendant may assigne and giue to each other a day to shew cause why Publication should not bee granted in this mat­ter, &c.

  l. s. d.
Fee for Returne of the Com­mission, 0 0 4
The Rule for Publication, 0 1 0

After Assignement to Publication & the daies so assigned be expired; if nothing be said to the contrarie, Then Publication may be entred.

  l. s. d.
For the entry of Publication, 0 1 0

Note, that nothing stayeth Publication, but it must be granted vpon

  • [Page 187]Order,
  • Affedauit,
  • Certificate, or
  • Consent.

After Publication is so had and procured (as aforesaid) the Cause standeth then at the high­est: For vntill Hearing, nothing more is to bee done here.

  l. s. d.
For the entring of the Cause then into the common Booke of Hearing, 0 1 0

Lastly, you shall obserue that nothing altereth the aforesaid grounded rules of this most Ho­norable Court, but only

  • Order,
  • Affedauit,
  • Certificate, or
  • Consent.

Which procured vpon some extraordinarie accidents, doe sometimes change the prescribed custome of proceeding and rule of the Court.

The forme of proceeding Ore tenus in the Starre-Cham­ber followeth.

IF the Delinquent hath done or spoken any thing worthy the Hearing and Censure of this honourable Court, And be questioned for the same, And therevpon doth confesse the fact or words, and subscribeth his hand to the same Confession made in writing before the Lord Chancellour or Lord Keeper, or any the Lords, Iudges, or the Kings Counsaile; And doth, when he is called to this Barre to answere it, likewise confesse the same to be true, and ac­knowledgeth his hand subscribed to the confes­sion made (as aforesaid:) Then, and in such case the Court vseth to proceede to Sentence and Censure in the matter.

It hath not bin seene formerly, That any but the Lord Chancellor or Lord Keeper, the Iudges, or the Kings Counsaile haue taken any such Ex­aminations or Confessions so subscribed vnder the Delinquents hand (as aforesaid.)

Neuerthelesse, if any other who hath authori­tie in this behalfe, shall take any such Examina­tion & subscription, And the partie so examined and subscribing, shall at the Barre confesse the [Page 189] matter, and acknowledge the hand; The Court may proceede to Sentence and Censure there­vpon:

For the life of his Examination is the Confes­sion and acknowledgement thereof at the Barre, when the Court doth examine him (as the cu­stome is) whether that which is confessed in writing be true, or not.

And if the Lord Chancellor or Lord Keeper, the Iudges, the Kings Counsaile, or any other shall take any such Examination and Confession; Yet, if the partie at the Barre shall either deny his hand thereunto subscribed, or the matter therein contained, to be true; Then the Court doth not vse to proceede to sentence or censure him.

So consequently the strength of the Exami­nation seemeth not to stand in the partie who taketh it, if hee be of authoritie, but in the parties Re-examining the same at the Barre, and the Recognization thereof.

And so I conclude the practice of the Court of Starre-Chamber.

THE EXCHE­QVER.

THE Exchequer hath three seuerall pla­ces of proceeding, according to the three differing maner of busines belong­ing vnto it on the pleading side: ( viz.)

  • The Chequer Barre,
  • The Chequer Chamber,
  • The Court of Pleas.

For the Exchequer Chamber, It is the English Court or place where the proceedings are held by English Bill and Answere; And the procee­ding thereof is very much like to that of the Chancerie, (as is said before) and therefore I meane not to insist any further vpon it.

For the Court of Pleas, It is the very Imi­tatiue of the Courts of Common Law in the Hall, and therefore I would bee loth to boyle the same meate twice ouer to your Trencher: [Page 191] but reserue my selfe for the Chequer Barre espe­cially, and the Receipt side.

The Processe and Proceedings of the Che­quer Barre are distributed betweene the two Re­membrancers of this Court; ( viz.) the Kings Re­membrancer and the Lord Treasurers Remem­brancer:

And what doth properly appertaine to the one, and what to the other, I haue at large set downe in my Direction for Search of Record, ac­cording to the finall Doome and Order of Sir Richard Lyster Lord chiefe Baron in the time of King Henry the eighth:

And by the view of the particular matters and businesses therein appropriated so respectiuely, you may the better iudge of the proceeding to be held vpon them; the rather, for that euen here at the Barre side, they doe in most things follow the practice of the common Law also.

Therefore I shall bend my selfe to set foorth the practice of those things which are not presi­dented in the other Common Lawe Courts at all, beeing matters onely proper to this, &c. with that small difference which is betweene this Court and those of the Common Lawe be­lowe Staires, in point of Appearance at the be­ginning of a Suite, &c.

The order of Appearance in the Exchequer.

IN the Exchequer the appearance may bee made by Attourney, so that there be sureties laid in to answere the matter.

This Bayle must bee alwayes taken before a Baron in the Court, and not in his Chamber, as is vsed in other Courts:

The Processe is a Sub poena; And if the Defen­dant doe appeare therevpon by his Attourney, his Sureties must be bound by Recognizance (as aforesaid) with Condition that hee shall render, &c. If the Defendant be condemned.

If the Plaintiffe be pleased, The hand of the Defendant may be sufficient in this case, whe­ther he appeareth personally or no:

And except the matter bee the greater, one Surety may suffice, &c.

The Charge of Appearance vpon a Sub poena in the Exche­quer.

  l. s. d.
I Nprimis the Appearance, 0 0 8
The Recognizance, 0 0 8
The Attourneys Fee, 0 3 4
[Page 193] l. s. d.
The Copie of the Information, at eight pence the sheete,— le sheete. 0 0 8
For entring of the Bayle, if it be in generall issue, 0 5 0
If in a speciall issue, then for eue­ry halfe Roll, 0 16 4
To a Counsailour for draw­ing of the Plea in Barre at the leaft,———— If it will satisfie. 0 6 8
The Sub poena it selfe and Seale wherevpon the appearance is, 0 2 7

The charge of an Inrolement in the Exchequer.

  l. s. p.
I Nprimis, to the Baron before whom the acknowledgement is made, 0 6 8
To the Master of the Office for his hand, 0 6 4
For euery Roll, 0 3 4
To the Attourney. 0 3 4
Summe Total. inde 0 19 8

The charge of the Sheriffes ac­count in the Exchequer.

  l. s. d.
INprimis, for the Tales vpon payment of proffers, 0 2 8
For the Entry of the same Tales, 0 1 4
For the Diem extremum clausit after the death of the Sheriffe, whereby Execution is to bee re­turned, Sur. accompt. 0 13 4
For the Warrant of Attourney, 0 1 0
The entry thereof, 0 0 8
The Vshers Fees, & poore mans Box, 0 13 4
The Controller of the Pipe, 0 16 8
To him more in regard, 0 3 4
To his Clerke for Summons and in regard, 0 5 0
To the Clerke of the Pipe in part of his Fee, 1 0 0
To the Lord Treasurers Re­membrancer, 0 13 4
To the Forreigne Opposer for changing of the greene Wax, and making of the scrowle thereof, 1 6 8
To him for allowance of the wages for the Iustices of the Peace, 0 18 0
[Page 195]To the Clerke of the Estrats for portage of bookes,—— As you can agree.
To the Vnder-Clerke of the Pipe for the like,———— Similiter.
The President for the forreigne Account,———— Quer.
  l. s. d.
Fee in regard of the Iustices of Assize their Dyet, 10 0 0
To the Attourney for the Entry thereof, and the other Petitions, 2 0 0
To the said Attourney for his or­dinary Fee for the whole yeere, ad recipiendum mandat, &c. 1 6 8
To him in regard for euery Terme during the Account, 0 3 4
To his Clerke in regard, 0 10 0
The Copie of the Sheriffes Sei­sures, according to the number of them.————— According to the number of them.
Le: Seisure old, 0 1 0
Le. Seisure new, 0 2 0
To the Clerke in regard of the same, 0 3 4
To the Remembrancers Office for euery thereof, and for ioyning the Tales of proffers, 0 3 4
On the Lord Treasurers Remem­brancers side for the like,——— Similiter.
[Page 196] l. s. d.
For allowance of the same Tales, of payments of money in the Re­ceipt of the Exchequer, 0 1 4
For the Ioyning of the same, 0 0 8
For allowance of the same, 0 1 0
For euery day that is giuen to the Sheriffe for respect of his Ac­counts, 0 6 8
For Entry, thereof, 0 2 0
To the Vsher for Proclamation when the Sheriffe is cast out of the Court, 0 2 6
For the Quietus est, the making and allowing of the same, 1 0 0
For the Baron his Fee for the taking and allowing of the for­reine accounts, 0 6 8
To the same Baron of exami­ning of the Sheriffes Schedule, 0 6 8

The ordinarie charge for passing of an Account.

INprimis, for deliuerie and re­ceipt of three Certificates, 0 1 0
For deliuerie of the Kings part of the bookes of Extant to the Auditor, 0 0 4
To the Auditors man for a bagge, 0 0 6
[Page 197] l. s. d
For a Warrant of Attourney, 0 0 8
To the Teller for Receiuing of the money, and for making a Bill thereof, 0 0 4
To the Auditors man for allow­ing of the Certificates, 0 1 6
To the Auditors man for en­grossing of the Accounts, 0 4 0
To the Barons man for Recei­uing & allowing of the Warrants of Attourney, 0 2 0
For Entring of the Account on the Kings Remembrancers side, 0 1 0
For the like entry with Master Smith, 0 1 0
For ioyning of their two Tales, 0 0 8
For entring of the Quietus est, 0 2 0
For the Quietus est, 0 3 4
The Attourneys Fee, 0 3 4
Summe Total▪ is about, 0 18 0

And thus much for the Exchequer.

The Sheriffes Fees doe next offer them­selues in manner following.

FEES BELONGING TO SHERIFFES.

  l. s. d.
INprimis, for the Returne of euery Cepi Corpus, 0 0 4
For the Returne of a Nihil, or a Non est inuentu [...], 0 0 4
For returne of a Proclamation, 0 1 0
For the returne of a Venire facias, 0 1 0
For the return of a Habeas Corpor. or Distringas, 0 2 4
For euery name returned vtlawed, 0 0 4
For making of a Warrant vpon a Writ, if it be directed to the ordi­nary Bayliffe, then for euery name, 0 0 4
If to speciall Bayliffe, or Bay­liffes, Then for euery name, 0 2 0
For the Arrest of euery Defen­dant,———— Payable by the Plain­tiffe. 0 1 0
[Page 199] l. s. d.
For making the Bond wherein the Defendant is bound with two Sure­ties for his appearance at the returne of the Writ, and in the Court na­med in the Writ, 0 0 4
For a Copy of the Warrant vpon the Writ, 0 0 4
  l. s. d.
For a Repleuin or Reple [...]it in the Shire, 0 2 0
For the returne of a Recordare, 0 0 4
  l. s. d.
For the Returne of an Accedas ad Curiam, 0 2 0
  l. s. d.
For the returne of a Distringas nu­per vic. 0 2 0
For the allowance of a Superse­deas, if it bee after the returne of the Exigent, 0 1 0
  • For the Executing of a Writ to enquire of Waste:
  • Also to enquire of Dammages:
  • Also to execute a Statute:
  • Or habere facias se [...]sinam:
  • A Writ of Right:
  • De partitione faciend.
  • For remouing the Ouer-charge of Common of Pasture.
  • Enquirie vpon an Elegit.
  • Writ of forcible Entry, or hold­ing with force, wherevpon the par­tie amoued is to bee restored to his possession.
  • [Page 200]Execution of a Iudgement, super bre. de dote.
  • And the like.
 The She­riffe hath for these, as you can a­gree with him.
For the seruing of an Execution, there is a generall Rule, that hee should be allowed according to the rate thereof in poundage,—— See the Statute of Eliz.
  l. s. d.
For the Returning of a Mandaui balli [...]o, 0 0 4

But vnlesse I had beene thrice an Vnder-Sheriffe, it were impossible for me to set downe all his Fees plainely and honestly: Therefore I leaue the rest to offer themselues vnto you, wish­ing it to be euer in meliorem partem; and for your benefit and credit.

FEES BELONGING TO THE CLERKE of the PEACE and his Office, now follow.

FIrst, it is to be vnderstood, that heretofore the Clerke of the Peace, being onely Clerke vnder and vnto the Custos Rotulorum of the County, was wont to haue wages yeerely of the said Custos for his seruice.

The Clerke of the Peace is to make out all the Writs of warning, of all such persons as are to giue attendance at the Sessions of the Peace, to be kept at such place, as the Iustices doe ap­point and agree vpon.

And at the place and time appointed for the Sessions, The Clerke doth first reade the Com­mission of the Iustices, And then the Sheriffe of the Shire doth returne foure and twenty of euery hundred in the County, of which there [Page 202] is one Grand Iury for the body of the Shire drawne forth; and this is called the great En­quest.

And when the great Enquest is sworne, One of the Iustices giueth the charge vnto them, wherevpon they shall enquire.

After the charge giuen and ended, They doe depart from the Barre, to some roome in some house neere thereabouts, where they may bee conueniently together.

And to them then and there are brought all Bills of Felony, Trepasse, Ryots, or other misdemeanours & offences giuen them in charge to enquire of.

And if the great Enquest finde any of the said Bils or presentments to bee true, And the parties themselues who are therein found faulty, or guilty, be absent, so that they cannot be quit­ted, or punished for the present: Then, & in such case, The Clerke of the Peace is to make forth against them three Capias's [...] and an Exigent to come in, to trauerse the presentment, or to sub­iect themselues to the Censure and Doome of the Court, &c.

When the great Enquest finde the Bill true; they write on the Back-side thereof, Billa vera; But in case they can not finde it true for want of sufficient Euidence; Then they write on the back-side thereof, Ignoramus.

If it bee found, then the Clerke is to make [Page 203] forth Processe (as aforesaid:) but if the Iury finde it not, then farther proceeding is not to be had therevpon.

If the partie so indicted be present, if it bee in case of Felony, &c. hee may bee forthwith arraigned before the said Iustices, who are to proceed vpon him farther, as the Law in such case prouideth.

If he be not present, nor Attached, but at li­bertie till hee be vtlawed; Then after such Vt­lary, euery Accessarie to the fellony, may bee arraigned and tryed; but not before.

For other offences of inferiour nature, the partie indicted is to come in to make his Fine at the discretion of the Iustices, or two of them at the least, whereof one must bee of the Quorum, vnlesse that before that time the partie can get the Indictment to be remoo­ued by Certiorare into the Kings Bench.

And if it bee so Remoued thither, Then the party must either there trauerse it c [...]m effectu, or else compound with the Iustices of the said Court for the same.

  l. s. d.
The Fees which euery person so indicted is to pay at the Ses­sions, 0 2 6
Whereof to the Cryer and Mar­shall, 0 0 6
And to the Clerke of the Peace, 0 2 0
[Page 204] l. s. d.
And in case where a forcibly En­try, or forcible holding is found before the Iustices, or some of them, The Clerke of the Peace is to make a Writ of Restitution, dire­cted to the Sheriffe, to put the par­tie amoued, into the possession: For which, his Fee is 0 6 8
  l. s. d.
Item, for euery Warrant of the Peace, 0 2 0
Item, for euery Superfedeas, 0 2 0
Item, for euery Warrant of good Abearing, 0 2 0
Item, of euery person indicted of Felony, and thereof acquitted, 0 2 0
Item, for euery person acquitted vpon other Bils, 0 2 0
Item, vpon Remouing of euery Indictment by Certiorare into the Kings Bench: For the allowance of the said Writ, 0 6 8
Item, for euery Writ at the suite of the partie vpon a Trauerse tendered, 0 2 0

Some other few Fees there bee vpon matter within the compasse of the Commission of the Peace, which time may enable me to adde: But for the other Fees which the Clerke of the [Page 205] Peace doth take in ciuill matters; as for Li­cences of Malstors, Hyglers, &c. because hee is onely Clericus Clerici Rotulorum pacis, I vn­derst and not how he claimes those Fees in ci­uill causes.

And for the Licence and Bond of Victualers giuen vpon Licence,

The Fees are vncertaine: For in some Counties the whole charges stands the Victualler in 6. s. in some 7. s. and in some 8. s. Vijs & modis per annum yeerely. And the Victualler Li­censed de nouo, in some places payes more then the older Victualler.——— Fee vncer­taine.

Note withall, neuerthelesse, that the Victualler is the best Candle-rent Tenant that the Clerke of the Peace hath: And therefore I dare trust them together, for I know not where I can bet­ter leaue him.

The Clerke of the Assize holds the next place for taking of Fees, ( viz.)

CLERKE OF THE ASSISES FEES, (viz.)

  l. s. d.
INprimis, pro Quaerela, 0 2 0
Item, pro pl [...]in Barr. seu in Assiss. 0 2 0
Item, pro capiend. Assiss. super exit. ex vtra (que) parte, 0 2 0
Item, pro intratione inde in Assiss. 0 2 0
Item, pro intratione Non pros. pro Querente, 0 2 0
Item, pro quolibet bre. secundum longitudinem eiusdem,—— secundum longitud.
Item, pro quolibet Adior. in com. Barre, prout concordare potestis: As ye can agree.
Item, pro quolibet Adior. ex vtra (que) parte, si dies dat. sit vtri (que) parti. 0 2 0
Item, pro quolibat Warrant. Attor­nat. 0 0 8
Item, Quer. in qualibet Assiss. de Seisin capt. tertia pars ex tertia parte damnorum,———Ratabiliter.      
[Page 207] Feod. de Record de Nisi prius, 0 0 6
Item, pro deliberatione eiusdem in Curia, 0 5 0
Item, de Quer. si Def. cognouerit actionem, 0 2 0
Item, de Def. si Quer. non vult prosequi, 0 2 0
Item, pro qualibet priuat Verdict, 0 8 8
Vnde Iustic. 0 6 8
Item, de Def. pro indorss. cuius­libet Record & Informac. vbi plit. 0 4 4
Item, pro quolibet Warrant Attor. 0 0 8

And thus farre my present Collations ex­tend for the present, touching our Clerks of the Assizes their Fees.

The Charge of prouing a Will followeth.

THE CHARGE OF PROOVING OF A WILL in the Arches, the Inuentorie being forty pounds and not aboue.

  l. s. d.
INprimis, the Proctors Fee and Prox. for prouing the Will, 0 5 8
Item, the Seale and Probate of the Will. 0 1 8
Item, for Registring of the same, 0 1 6
Item, for ingrossing of the Will, if it be but short: 0 1 0
Item, for ingrossing of the Inuen­torie, and exhibiting of the same, 0 3 4
Item, for the Registers hand to it, 0 1 0
Summe total. 0 14 2

Generally for Probate of Wills, and the charge thereof according to the rate of the Inuento­rie, see the Statute in that case, vnder that Ti­tle especially prouided:

If the Officers whom it concernes, can bee per­swaded that it was prouided for them: hinc oritur questio.

COVRT OF VVARDS.

Instructions to sue foorth a Lunaticke.

FIRST, you are to make suite to the Ma­ster of the Court of Wards for the Custo­die of him whom you desire to haue; not without much care, that you vse a friend worthy your trust in this behalfe.

When you haue a promise there, you must pre­ferre your Petition to him that is Master, desi­ring that he will be pleased to grant you a Com­mission for the finding of the same Lunaticke: which Commission is to be directed to the Feo­darie of the County where the Lunaticke abi­deth, and two others at the least, whom it shall please the said Master to appoint.

When you haue order for the Commission (as aforesaid) Then you are to goe to his Maie­sties [Page 210] Attourney of the Court of Wards with the order, And he will therevpon make you a Warrant for the drawing vp of your said Com­mission.

This Warrant you must carry to the proper Clerk, who is to draw your Commission, which he v [...]on sight of the Warrant, will according­ly doe.

  l. s. d.
Fee to the said Clerke for the said Commission, 0 16 0

Note, that when you procure your Order from the Master, you must haue a speciall care to see that his Secretary doe Register your name for the said Grant, in the Booke of Re­membrances of this nature, lest it should be for­gotten, And withall it will not bee amisse, that you vse means to make the said Secretary mind­full of you in your absence.

When the said Commission is executed, and the Office found there vpon, The same must be deliuered into the Court of Wards, And hee that deliuereth it, must bee sworne vpon the deliuerie, that hee receiued it from the Com­missioners, and that in such manner as he doth deliuer it, being vnaltered in any point.

  l. s. d.
Fee for the said Oath, 0 0 4

Then it is to be deliuered into the Office at the Temple, from whence it is to be sent ouer to the Petty bagge, where the Clerke will make [Page 211] you out a Copie of the same Commission, and Inquisition found vpon it, which you must car­ry backe to the Office of the Court of Wards, And then the chiefe Officer there, or the Audi­tor of the Court will make your Schedule by, and out of the same Office or Inquisition so found.

To this Schedule you are to get the hand of the Master of the Court; And that being ob­tained, you are to bring the said Schedule so signed to the Officer, who is to make your In­dentures of bargaine therevpon, which he, vpon sight thereof, will performe accordingly.

Then you are to carry the said indentures to the Master of the Court, who will set his hand to one part of the same, and you that haue the Grant of the said Lunaticke, must set your hand and seale to the other part. And the part which you are to haue, must bee heerevpon sealed with the seale of the Court.

But before you haue your part, you must seale to the Kings part, And must also finde two Sureties to be bound with you, That you shall truely account once in euery yeere to the Au­ditor of the Court for the profits of the liuing of the said Lunaticke, And to answere the stocke and state of the said Lunaticke, if hee shall chance to dye, or recouer his former health.

And if the parties who should be bound with you, be not in towne: Then you must haue a [Page 212] Commission directed to foure such in the Coun­trey as you will nominate, to see and certifie the signing and sealing of your said Sureties to the said Bond.

This Commission and Bond must bee retur­ned into the Court of Wards, who deliuers it ouer to the proper Clerke or Officer; where­vpon you shall haue your part vnder the hand of the Master of the Court, and the Seale of the said Court.

Then must you Inroll your part of the said Indenture, so signed and sealed in the Auditors Office: And so you haue made an end, &c.

And

You may conceiue how seuerall Fees doe a­rise vpon every seuerall passage aforesaid.

Instructions to passe a Ward.

IN primis, you must make meanes for the ob­taining of a Ward, as in case of a Lunaticke aforesaid.

When you haue got the promise and order for it from the Master of the Court of Wards, you are to goe to the Kings Attourney of the said Court, and vse means vnto him for a Com­mission to enquire and finde the Ward, and a Tenure for the King; whereupon you may haue a Warrant from him to leade such a Cōmission.

[Page 213]When you haue that Warrant, and therevpon your Commission; you must get that Commis­sion, to be by the proper Clerke to whom it doth appertaine, directed to the Feodarie of the County, and two such others as you shall no­minate and appoint.

When this Commission is sped and executed, and the Tenure found for the King, which doth consequently proue the Ward, you are to re­turne this Commission into the Petty-bagge, and there to take a Copie of it, which you are to deliuer to the Clerke to whom it belongs in the Office of the Court of Wards; and here­vpon he will make you forth vpon sight thereof a Schedule of the value of the Land.

Then you must carry that Schedule to the Secretarie of the Master of the Court, to the end that he may procure his Masters hand to be set vnto the same, And the Office for it, with the Wards exhibition, and the names of the partie, or parties, which are to haue the Ward: All which must be likewise set downe.

And when you haue the said Schedule so sig­ned, Therevpon the Indentures of the grant are to be drawne vp, To the one part whereof, he or they that haue the Ward, are to Seale and signe; and to the other, the Master of the Court doth vse to subscribe his hand, and then the Seale of the Court is affixed therevnto.

Now if the parties who haue the graunt, [Page 214] haue not also their Sureties who are to vnder­take for them in this behalfe, in Towne, so that they may heere enter into Bond with him, with condition of making a true account, and not doing of any waste, &c. Then there must bee a Commission procured to foure such persons as the Grantee or Grantees shall name, to attend and see the sealing and deliuery made by him, or them, and his, or their Sureties, which the Commissioners must certifie and send vp vnder their hands and seales, attested with some Wit­nesses to the same.

And this must be deliuered into the Office of the said Court, to the proper Officer, with and vpon Oath to bee made, that it is deliuered in such manner as it was receiued from the Com­missioners themselues vnaltered, &c.

Therevpon you shall haue a Bill for the re­ceiuing of the exhibition thereof, And accor­ding to the Ancient forme of practice, That Bill was wont to bee then signed by the Kings hand, by the procurement of the proper Clerke of the Office.

And when the same is so signed, it does passe through the seuerall Seales, and at the last vnder the Great Seale of England, which course, I vn­derstand not to be altered as yet: howsoeuer I may suspect, in regard of the many new Instru­ctions which haue issued of late times, for the ordering of the affaires of this Court, that [Page 215] some small difference may inter [...]edere, &c.

When your said Patent is so sealed, you are to deliuer the same and the Schedule of the value of the Land to the Auditor of the Court, who is to see that the same bee forthwith en­rolled.

And therevpon the Auditor will giue or­der to the Feodarie of the Shire, to pay you the exhibition yeerely, &c.

The charges of obtaining a Ward, doe follow.

Feod. sequuntur.
  l. s. d.
IN primis, for the Commission to find the Tenure for the King 0 15 0
Item, the Returne therefore to the Clerke of the Petty-Bagge, 0 16 0
Item, the Copie of the said Of­fice at eight pence the sheete, 8. pence the sheete.
Item, to the Clerke of the petty Bagge for examining of the same, 0 2 0
Item, for making of the Bargaine, 2 0 0
Item, to the said Officers Clerke who maketh the same, 0 14 4
Item, for making of three Ob­ligations, 0 16 0
[Page 216] l. s. d.
Item, for the Commission for sealing of the Bargaine & Obliga­tion in the Country, in case where the partie Grantee or his Sureties be not in towne to Seale, 0 5 6
Item, to Master Attourneies man for the Affedauit inde, 0 0 4
For drawing of the Schedule. 0 6 8
For drawing of the Bill to bee signed, and getting of the Kings hand vnto it. 0 6 8
To the Clerke for writing of the said Bill, 0 3 4
To him more for entring the same into the Booke, 0 2 0
To the Auditor for enrolling of the Patent and Schedule of the Land,———— or rather, as you can agree. 0 13 4
To the Clerke for writing of the Schedule, 0 1 0
Besides the Copie of the Office, vt supra.

Thus I conclude with this Court, giuing you farther to take in direction, that you examine these with the latest Bookes of Instructions gi­uen and published in Print for the ordering of this Court; whereby you shall the better dis­cerne the alterations, if any be.

FOr the Ideot, I had almost forgot him; How­soeuer the matter is not great: For it is but a foolish businesse when all is done.

[Page 217]You haue a faire example of a Lunaticke be­fore your eyes, and therefore I shall only neede to giue you this monitorie instruction touching an Ideot: That you be assured that your selfe is somewhat the wiser man, before you goe about to beg him, or else neuer medle with him at all, lest you chance to play at handy da [...]dy, which is the Gardian, or which is the foole? and the case alter è Conuers [...], ad Con [...]ersum. I pray let vs haue no Platonisi [...]e in the matter: And so much for the Ideot.

THE COVRT OF PARLIAMENT.

I should say somewhat touching that great Court of Record, The Parliament. But the obiect is so farre remoued from my sight, that I cannot presume a certaine representation, with these weake spe­cies of eying those mysteries: I make bold by way of Explanation, Intro­duction and Deduction of Sir Thomas Smithes Common-wealth, to deliuer this onely.

YOu shall vnderstand thet all the Law of this Land which is Positiue, doth consist ei­ther in———

  • Acts of Parliament: or,
  • Proclamations.

For the Acts of Parliament, publique or pri­uate: [Page 219] They bee all kept and remaine in the Cu­stodie of the Clerkes of the Parliament; How­soeuer (as I shewed you in the Search of Re­cord) that they are, or at least should bee, in the Chappell of the Rolles likewise, and most of them are brought ouer thither by Certiorare, vt ibidem, &c▪

These Acts (as you may reade) are made and established by the King, the Peeres and Com­mons of the Land, so stably and sanctedly, that they be taken for Law.

And that you may the better conceiue, what are the businesses, what the practice, and what consequently the Records of this Court, I will briefely receite the very words of Sir Thomas Smith to that point onely:

( viz.)

The Parliament Abrogateth old Lawes; Ma­keth new; Giueth order for things past, and for things hereafter to bee followed; Changeth right and possessions of priuate men; Legitima­teth Bastards; Establisheth formes of Religion; Altereth weights and measures; Giueth forme of Succession to the Crowne; Decideth of doubtfull Rights and Titles, whereof there is no Law already made; Appointeth Subsidies, Tailes, Taxes, and Impositions; Giueth most free Pardons and Absolutions; Restoreth in Bloud, and Name; Naturalizeth Aliens borne out of the Kings Allegeance, and to bee short, [Page 220] All that euer the people of Rome might doe ei­ther in Centuriat is commitijs, or Tribunitijs, the same may bee done by the Parliament of Eng­land: And so much to the current of his streame.

It is euident, that this is the highest Court of this Realme, because the Authoritie of it is ab­solute, and bindeth all manner of persons, For that they are all parties and priuies therevnto, by way of Representation, &c.

Vnto this High Court doe come some,——

  • 1. By reason of their Tenure.
  • 2. By vertue of Writ.
  • 3. By vertue of Office.

There doe come by reason of Te­nure these: ( viz.

Pertenu [...].
  • Archbishops,
  • Bishops,
  • Abbots,
  • Priors,
  • Dukes,
  • Marquesses,
  • Earles,
  • Barons.

These vse to be summoned to appeare by the space of forty dayes before the Parliament.

They who doe come in by Writ, are these: ( viz.)

per­bre.
  • Knights of the Shires.
  • Burgesses,
  • Citizens of Cities.
  • Barons of the 5. Ports.
  • The Kings Councell.

[Page 221]There doe come hither also by Writ, directed to the se­uerall Deanes, and Arch-deacons of this Kingdome:

per bre.
  • Two seuerall Proctors of the Clergie, for eue­ry seuerall Dea­conrie, & Arch­deaconrie:

These Proctors of the Clergie, be elected by the Clergie also.

And euery of these doe bring with him two Warrants, whereof he keepeth one by himselfe, and the other hee enrolleth with the Clerke of the Parliament.

From hence, some haue gathered an Opini­on, That sometimes heretofore the Conuoca­tion house hath beene a member or part of the Parliament House.

But it appeares to bee otherwise in the Case of Phil [...]t, who being questioned for Heresie, and certaine hereticall words by him spoken, did in his answere alledge, That the words so spo­ken, were deliuered by him in the Conuocation house, which he held to be a place of freedome and liberty of speech, as being a limme or mem­ber of the Parliament House, which assertion was ouer-ruled, And the Conuocation adiud­ged to be no member of the Parliament House. For though they come by Writ of Summons to the Parliament; Yet they haue no power ouer the Laitie, but onely authoritie to charge the Spiritualtie; Or to make Institutions Prouin­ciall, [Page 222] as Holy-dayes, Fasting-dayes, and such like; And an Act of Parliament may passe with­out their consent, priuitie, or interposition in any manner of wise, &c.

There doe come hither, by reason and vertue of Of­fice, these; ( viz.)

Per Scruice.
  • 1 The chiefe Cryer of England.
  • 2 The chiefe Vsher.
  • of the Exche­quer.
    • 3 The Chancellor
    • 4 The Treasurer
    • 5 The Chamberlain
    • 6 The Barons
  • 7 The Iustices of either Bench.
  • 8 The Steward of England.
  • 9 The Porter.
  • 10 Groomes.
  • 11 And all tyed by seruice to be here done, &c.

The Stewards Office hath beene to place the Lords there.

The Porter hath vsed to see that there be but one doore, at which to goe in and out.

And euery one of the aboue-named Officers hath had his seuerall charge respectiuely.

The Allowance of the Knight, Burgesses, and Barrons of the Cinque-Ports follow: (viz.)

EVery Knight of the Shire hath vsed to haue the Al­lowance of a Mark by the day, to be payed by the Countie whereof he is Knight; And this may bee leuied by Distresse, &c.

Knight:—13. s.—4. d. per diem.

Burgesses and Barons of the Cinque-ports.

These haue not vsed to haue per diem aboue 10. s. per piece for ex­pences.

And for the leuying of this, They haue not vsed to Distreyne, but haue tooke forth a Writ vnder the Great Seale of England.

The Writ for the Barons of the Ports, is di­rected to the Warden.

The Writ for the Burgesses, is directed to the chiefe Magistrates of the Citie or Towne Cor­porate for which they are Burgesses.

And the bodies for whom the fore-named persons are imployed, must pay the Fine for their default, &c.

[Page 224]As,

  l. s. d.
For the first day wherein the Bur­gesse shall be called, and appeares not, his Borough shall pay 0 100 0
If at the second day, the Knight of the Shire doe not appeare, his Shire shall pay 100 0 0
If at the third day a Baron of the Cinque-ports shall not appeare, those of the Cinque-ports shall pay 66 6 8
If at the fourth day, the Proctor of the Clergie doe make default, his Bishop shall pay 100 0 0

And if all the Bishops, and all the Lords Spi­rituall and Temporall bee absent, hauing law­full Summons; Many are of opinion, That the King with this Commonaltie may proceed alone.

The officers in Parliament are:————

  • The Speaker.
  • Two Clerkes.

Of which Clerkes, one is for the Vpper House, and the other for the Lower House.

The Speaker he doth commend and preferre the Bils exhibited into the Parliament.

The Speaker is vsually appointed and nomi­nated by the King, though accepted by the House: And the Lord Keeper or Lord Chancel­lour vseth commonly, pro forma, on the first day of a Parliament to speake to the House, that [Page 225] they make choyce, and name one to bee their Speaker &c.

The Clerkes are Custodes Rotulorum Parlia­menti.

Touching their Fees: Non altum sapimus, &c. And thus I conclude with the Parliament.

For the other part of Positiue Law, which does consist in Proclamations: I may onely say what they are, And what is the power of them, according to the common receiued opinion; and farther I intend not any speculation into them.

Proclamations are, where the King and his Councell thinke fit and expedient to publish a­ny thing as a Law.

The effect and power of them, as also the paine of him that breaketh the same, you may reade in diuers Treaties vpon this subiect; In all which I finde this generall consent, That if the Ordinance or Proclamation so made, bee in sup­plement or Declaration of a Law that hath been formerly made and beene good; It is to bee o­beyed as a Law, and the breaker thereof is to vndergoe the paine of him that breaketh a Law and his Allegeance, &c. So did those Prouisiones Merton attaine, & to this day doe hold the name and reputation of the Statute of Merton, &c.

Dixi.

THE OFFICE OF AN ESCHETER is set forth in these few lines following: ( viz)

REgia demandunt breuia Eschaetoribus ista
Cognoscenda; sibi Quae sint Attinctio donet;
Quantum de sese; Quantū de al [...]is (que) tenebat;
Per quae seruitia tenuit; Quantum (que) valebant
Terrae: Quo (que) die fatis concessit, E [...] haeres
Quisnam proximior; Cuius (que) aetatis ab ortu.

Note:

Where the value of the Lands to be enquired of, do exceed the value of fiue pounds per annum, There he must enquire onely by vertue of Writ.

Where the Lands are vnder that value, he may enquire by vertue of office, and that Writ.

In euery case the Inquisition found, must bee returned into the Petty-bagge, &c.

THE DVCHY COVRT.

THis is a great Court of Record, and it admits Pleas as well reall as personall, as also mixt pleadings, concerning the Lands of the Duchy.

The Iudges here are the Chancellor of the Duchy, assisted by his Maiesties Atturney of the Court, and two Iudges of the Common Law, who aduise them for matter or question of Law.

The Rolles and Records of this Courts proceedings, are in the custodie of the Clerke of the same, to whose Office they doe apper­taine.

But the Kings Euidence, Leases and Grants of the Duchy Land, as well the Possessions and [Page 228] Copy-hold, as Fee-simple, and Fee-ferme, are all in the keeping of the Auditors.

The Auditors of the Court are diuers, how­soeuer two are most principall; one whereof for the Lands of the Duchy on this side Trent, and another for the Lands beyond Trent.

There bee diuers Surueyors for the Duchy Lands, for the Suruey of them, but they keepe no Record, vnlesse it bee some models of their owne making.

And so I leaue the Duchy, &c.

THE CONCLVSION.

I Conclude with this humble Request made to those who haue power of Reformation, in this crying reigning euill amongst Law­yers, touching the disappointment, and de­feate of Clyents causes, for which they are retayned and Feed, and yet often fayle to giue attendance in the houre of Tribulation, or to bee neere vnto the Clyent in the day of Visi­tation (a foule fault in a friend, but worse in a seruant.)

It may therefore please those in Au­thoritie to giue the abuse this proper re­dresse; (viz) That if any one of them take his Fee to bee of counsaile, and to attend at such a certaine time and place, and shall notwith­standing fayle; The partie who so Feed him, vpon complaint to the Iudge before whom he [Page 230] was feed to be, may haue his Fee returned a­gaine, with such Dammage as hee shall make appeare to the said Iudge that hee hath sustai­ned by the Absence of such Counsaile, And that in case it shall bee proued that hee ab­sented himselfe in fauour of the aduerse party, hee may bee fore-iudged his practice, and re­ceiue some other fitting and exemplary pu­nishment in that behalfe.

FINIS.
Foelix quem nulla Cyconia pinsit. T. P.

A TABLE OF THE CONTENTS HANDLED IN THIS succeeding TRACTATE:

And first in the Chancerie.
  • HOw the Sub Poena of later times was thought fit to be granted without exhi­oiting of any Bill for the purpose, fol. 1.
  • The vse of the Sub Poena. fol. 2.
  • The manner of Returnes here. fol. 2.
  • What time the Complainant hath to put in his Bill. fol. 2.
  • How the Defendant may haue costs against the Complainant, for not putting in his Bill in due time. fol. 2. & 3.
  • How the Defendant may recouer the said costs against the Complainant. fol. 3.
  • [Page]How the Defendant may in the said case sue the Complainant to the Commission of Rebel­lion. fol. 3.
  • How the Complainant may haue costs against the Defendant, for not appearing. fol. 3.
  • How the Complainant may recouer those costs against the Defendant. fol. 3. & 4.
  • How the Oath must bee made, for the seruing of a Sub Poena. fol. 4.
  • How the Complainant may make the De­fendant to answere to his Bill (the appearance being made.) fol. eod.
  • What course the Complainant may take a­gainst the Defendant for not answering within the time prefixed. fol. 5.
  • The causes whereby the Defendant may satis­fie the Court of his delay in answering. fol. eod.
  • How the Defendants Attourney may pro­cure a Dedimus Potestatem, to take his Clyents Answere in the Countrey. fol. 5. & 6.
  • How the Attachment made against the Defen­dant for not answering, must be entred. fol. 6.
  • What libertie the Defendant hath to an­swere, where no day is giuen to him for that purpose. fol. eodem.
  • How the Attachment is to bee had and en­tred of course against the Defendant, for not answering. fol. eodem.
  • How the Defendant is tyed to answere, in case the Sub poena bee returnable, so neere to [Page] the Termes end, that day cannot bee giuen to answere. fol. eod.
  • What libertie the Defendant hath to appeare, where the Sub Poena is returnable on the last day of the Terme. fol. 6. & 7.
  • How the Defendant is tyed to appeare and an­swer, being serued on the last day of the Terme, with a Sub Poena returnable immediate. fol. eod.
  • How the Defendant, in case where he hath be­nefit of delay, or to answere by Dedimus, is tyed to put in his answere. fol. eod.
  • How the Defendant may by Dedimus pote­statem Demurre in his Law, and how it is to bee certified. fol. 8.
  • How, and in what case the Defendant is de­nied the beuefit of Demurrer to the Bill. 8. & 9.
  • How an Attachment lyes in case of Demur­rer, not allowable. fol. 9.
  • How to proceede vpon the said Attach­ment. fol. eod.
  • How euery Defendant shall be in like paine, vpon like fault. fol. eod.
  • How the Husband shall suffer for the wiues non appearance. fol. 9.
  • How an Attachment in such case lyes against both. fol. 10.
  • How (in case the Complainant doe dye) his Executor or Administrator may reuiue the sute. fol. eod.
  • How the Complainant shall bee enforced to [Page] reuiue his suite laid against the Husband and his Wife, in case where the Husband dyeth; with the Wiues priuiledge in that case for An­swere. fol. eod. & fol. 11.
  • How the Feme sole answering alone, loseth that priuiledge in case of after-marriage. fol. eod.
  • How the Feme sole being Complainant, is by after marriage enforced to reuiue her suit. fo. eod.
  • The priuiledge of the Wife, and her power of election, whether she will abide the Bill exhibi­ted formerly by her husband & her selfe or no: (her husband being sithence deceased.) fol. eod.
  • How of Ioynt▪parties (after a Bill exhibited by them) the one dying, the Suruiuor may pro­ceed against the Defendant. fol. 12.
  • How the Complainant vpon Bill of Reuiuor, shall be in case as when the cause of Reuiuor ac­crewed, except good cause bee showne to the contrary. fol. eod.
  • The Bill exhibited for Land vnder 40. s. value per annum, is to be dismissed. fol. eod.
  • Vpon Demurrer, or Disclaimer, no Replica­tion doth lye. fol. eod.
  • The danger thereof. fol. 12. & 13.
  • What libertie the Complainant hath to Re­ply, after the answere is put in. fol. 13.
  • What time is limited to him to reply. fol. eod.
  • How the Defendant may Reioyne, & enforce the Complainant to ioyne in Commission, or o­therwise examine witnesses ex parte alone. fol. eod.
  • [Page]How that Cōmission shall be directed. fol. eod.
  • How the Complainant may ioyne in Com­mission. fol. eod.
  • How Commissioners must bee named when both parties doe ioyne. fol. 14.
  • What warning must bee giuen for spee­ding of the Commission, and how it must bee giuen. fol eod.
  • The priuiledge of the Complainant in na­ming of Commissioners, and carrying of the Commission. fol. eod.
  • In what cases hee may examine Witnesses. fol. eod.
  • What warning the Defendant is to haue, in case where hee will examine in perpetuam rei memoriam. fol. eod.
  • How the Defendant vpon good cause may stay his examination in perpetuall memory. fol. 14. & 15.
  • The manner how the Complainant may proceed to examination (no cause being showne to the contrary.) fol. 15.
  • How those Examinations are to bee pub­lished. fol. eod.
  • How those Examinations may bee giuen in Euidence. fol. 15.
  • How either partie may examine Witnesses in the Court. fol. 16.
  • When the Complainant is ready and able to haue a Cōmission to examine Witnesses. fol. eod.
  • [Page]How the Complainant may proceed to Com­mission ex parte, the Sub Foena to Reioyne beeing serued. fol. eod.
  • What day the Complainant may giue to the Defendant to Reioyne. fol. eod.
  • The Defendants danger in not Reioyning accordingly. fol. eod.
  • How the Complainant may limit the Defen­dants time to produce his Witnesses. fol. eod.
  • The benefit of the Defendant, by comming in before the last peremptorie day giuen. And his preiudice for not comming in sooner, before the former dayes giuen were past. fol. 16 & 17.
  • How in Ioynt-Commission either party is to name his Commissioners; with the order there­of, and the manner of exception therein vsed. fol. 17.
  • The common exceptions vsed to bee giuen to Commissioners. fol. eod.
  • How the Defendant may renue and carry the Commission (the Complainant failing to exe­cute the same.) fol. 18.
  • How the Complainant may renue it also. fol. 18.
  • How either party may after either Commissi­on returned, giue day for Publication. fol. eod.
  • What day is to be so giuen; and how publi­cation is granted after it is past. fol. eod.
  • How no Witnesses are to bee examined after publication, but by speciall order, for speciall [Page] cause, And with what prouision, and limitation it is vsed to be granted. fol. 18. & ▪ 19.
  • How Depositions taken by such speciall or­der, are publisht. fol. 19.
  • How the Defendant being arrested in com­ming to make his appearance, here vpon Sub poe­na, may be released by the Court. fol. eod.
  • The difference of the case, where the Com­plainant is so arrested. fol. eod.
  • How the Complainant may be released, and in what case. fol 19. & 20.
  • How the party arresting may bee relieued here, against the party arrested. fol. 20.
  • The partie priuiledged here, cannot priui­ledge his Wife, where the matter concerneth his Wife. fol. eod.
  • How in suites betweene men priuiledged in other Courts, and men priuiledged here; the prioritie and first start carries it away, and en­ioynes the other. fol. eod.
  • What order was made heretofore, touching examination of Witnesses, in perpetuam rei me­moriam. fol. 21.
  • What Witnesses shall be examined. fol. eod.
  • What warning the Complainant shall giue to the Defendant, of his examining. fol. eod.
  • What care the Comissioners must haue, that fitting warning bee giuen before they doe exa­mine. fol. eod.
  • How the Defendant may stay their pro­ceeding [Page] to examine. fol. 22.
  • How the Commissioners are to certifie this stay. fol. eod.
  • How the Defendant may ioyne in the Com­mission. fol. eod.
  • What Certificate the Commissioners must make vpon returne of their Commission. fol. eod.
  • What orders are to bee obserued, before the granting of Publication of the aforesaid Depo­sitions. fol. 23.
  • What Oath must be made by him that pray­eth Publication of them. fol. eod.
  • How the Commission aforesaid must bee o­pened when it is returned: And how Publica­tion may be granted. fol. eod.
  • Against whom the said Depositions may be giuen in euidence. fol. eod.
  • When the foresaid Orders shall need, and when not. fol. 24.
  • The difference betweene such a Commission ioyntly, and the same ex parte. fol. eod.
  • What clauses and conditions an Iniunction granted here for preseruation of Possession, pendente lite, shall haue in them. fol. 25.
  • The farther securitie that the Court will haue in such case. fol. eod.
  • What Clauses and Conditions Iniunctions granted here for stay of suites at the Common Law must haue in them, and what securitie [Page] the Court requireth in such case, &c. fol. eod.
  • Vpon what securitie and condition, a speciall Certiorare may be granted here. fol. 25. & 26.
  • How suites may bee dismissed this Court for the in [...]aluablenesse and vnworthinesse thereof. fol. 26.
  • How Processe to heare Iudgement shall be re­turned; and how such Writs must be endorsed. fol. 26. & 27.
  • The ancient custome of this Court in retei­ning of suites. fol. 27.
  • How to procure a Hearing. fol. eod.
  • The seuerall Punishment for breach of an Iniunction. fol. 28.
  • The manner how to proceed against him that is a Contemptor in the said kinde. fol. eod.
  • How the Contemptor appearing, may vpon se­curitie to performe fitting obedience, haue his libertie de bene esse, or in diem. fol. 29.
  • How farre Affedauits shall be admitted here, and what their power and reputation shall be.
Contempts.
  • WHat course is to be held in case of Con­tempts vsed in seruing of Processe. fol. 30
  • What course for Contempts against Orders and Decrees here. fol▪ 30. & 31.
  • How the partie charged with Contempt sh [...]l bee righted, in case hee shall cleere himselfe, [Page] or bee not effectually prosecuted. fol. 31.
  • How farre Contemp [...]ors to the Proclamation of Rebellion may be capable of grace. fol. eod.
  • How Prisoners vpon Contempts may be dis­charged.
  • How Contempt may bee suspended, when it cannot be released. fol. eod.
  • What things cannot bee granted regularly vpon Petitions. fol. 32.
  • How farre orders may be subject to alterati­on, explanation, or suspension vpon Petitions. fol. eod.
  • How farre Commissions to examine, or Exa­minations may be shaken by Petitions. fol. eod.
  • What preualence Petition may haue against Demurrer. fol. eod.
  • What course the Lord Keeper vseth to take touching Iniunctions, before hee doth signe them. fol. eod.
  • What power Petition hath against Iniunction. fol. 32. & 33.
  • How Iniunction to stay suites at the Com­mon Law shall bee granted; and in what cases. fol. 33.
  • How the Iniunction shall dye, for not conti­nuing of it. fol. 33. & 34.
  • How an Iniunction shall be stayd, by reason of the like suite in the same Court. fol. 34.
  • How an Iniunction may fall for want of pro­secution. fol. eod.
  • [Page]How in case of Debt after Arrest, no In­iunction is to bee granted, without the money brought into Court; And how the case may bee altered for the depositing of the money. fol. eod.
  • When, and where Iniunctions for Possession may be granted. fol. 34. & 35.
  • How for Contempt, a Sequestration, and af­terwards, an Iniunction for Possession may bee granted. fol. 35.
  • How an Iniunction against spoyling of Woods or grounds may be granted. fol. eod.
  • Order for enrolling of Iniunctions. fol. eod.
  • The Registers duty, in case an Order be made against the generall Rules of Court. fol. eod.
  • Registers to be sworne. fol. 36.
  • Orders made surreptitiously to be ineffectuall. fol. eod.
  • How orders are to bee set downe plainely as they are deliuered in Court, And how explana­tion of orders is to be granted. fol. eod.
  • What course the Register must hold in deli­uerie of any draughts of Orders to either partie. fol. eod.
  • What course the Register is to obserue in case where, vpon hearing of a cause debated by both parties, the Court shall referre it to a Treatie. fol. 37.
  • How the Registers are to conceiue and draw the Order honestly, without respect of Coun­sailes [Page] interlineation thereof. fol. 37.
  • What care and course the Register is to ob­serue in penning, and passing of Decrees of weight through the Lord Keepers hand. fol. eod.
  • How Decrees of the Rolles are to be presen­ted to the Lord Keeper. fol. 38.
  • How Decrees vnder the Great Seale may be reuersed, altered, or explained, And how Bill of Reuiew shall be admitted. fol. eod.
  • How in case of mis-auditing, a Decree may be explained without Bill of Reuiew. fol. eod.
  • How farre a Bill of Reuiew may preuaile vp­on a matter Decreed. fol. 39.
  • What prouision is made for preseruation of mens Rights, vpon Reuiew of Decrees. fol eod.
  • What prouision is made for Supportation of Acts of Parliament against Decrees, And what reliefe in such cases. fol. eod.
  • What kinde of Imprisonment hee ought to haue, who breaketh a Decree, &c. fol. 40.
  • What course is to bee held against him who doth obstinately disobey and breake a Decree, and persist in Contempt. fol. 40.
  • What course is to be held in case of a Decree for possession, from the first Processe of Exe­cution to the last of Iniunction by graduation. fol. eod.
  • When the partie committed for breach of a Decree, in part may be inlarged. fol. 40. & 41.
  • How hee may be enlarged for performance of [Page] so much of the Decree as is in future to bee per­formed. fol. 41.
  • How farre he who was not serued ad audien­dum iudicium, is bound by the Decree. fol. eod.
  • How farre he who is made no party by Bill or Order, is bound by the Decree. fol. eod.
  • How it bindeth him where hee comes in pen­dente lite. fol. eod.
  • How a Sequestration of Land may bee gran­ted for a Rent payable out of it by Decree. fol. 41. & 42.
  • How the Decrees of the Prouinciall Courts, and Court of Requests, may bee strengthened by the Chancerie. fol. 42.
  • What respect this Court giueth to the De­crees of other Courts vpon hearing here. fol. eod.
  • How farre Decrees after Iudgement here shall extend. fol. eod.
  • How a Decree vnder Seale may be reuersed, altered, or explained. fol. eod.
  • How a Bill of Reuiew shall bee admitted. fol. eod.
  • What securitie the Court requires vpon putting in of a Bill of Reuiew for prouing of the same. fol. 42. & 43.
  • Who shall haue the Consideration of a De­murrer, or question, touching the Iurisdiction of the Court. fol. 43.
  • What time is to be giuen to speake against the confirming of a Report. fol. eod
  • [Page]When the cause is so farre proceeded, that Reference to heare and determine may not bee made. fol. eod.
  • What respect the Court giues to a Report ex­ceeding the Warrant. fol. eod.
  • What course the Masters of the Court are to obserue in making their Reports. fol. 44.
  • When, and how Reference for examination of Accounts may be made. fol. eod.
  • What course of Reference is to bee held for Examination of Court Rolles. fol. eod.
  • How reference shall be made of the insuffi­ciencie of an Answere. fol. eod.
  • What course is to be taken, where a Trust is confessed. fol. 45.
  • How causes dismissed vpon a full Hearing, may be retained againe, and how not. fol. eod.
  • What course the Court holdeth for Retaining or Dismission of new Bils, after Dismission of the old. fol. eod.
  • What suites may regularly bee dismissed the Court vpon Motion. fol. 45. & 46.
  • Of what value the suites must be which this Court holdeth. fol. 46
  • When Dismissions are to be prayed and had. fol. eod.
  • How the cause may be dismissed of course, by the Complainants dis-continuance of prose­cution after Answere. fol. eod.
  • When the cause is proceeded so farre, that [Page] it cannot bee dismissed without a Motion and Order. fol. 46.
  • What Reliefe for double Vexation. fol. eod.
  • How in case where causes are remooued by Certiorare, the partie is tyed to proue the sug­gestions of his Bill, &c. with the danger of fay­ling therein. fol. eod. & 47.
  • When Demurrers and Pleas shall bee heard. fol. 47.
  • Whereupon Demurrer may bee properly. fol. eod.
  • Wherevpon a Plea lyes properly. fol. eod.
  • The particular matters vpon which a Plea doth lye. fol. eod.
  • Where the Plea may be put in without Oath. and where not. fol. eod.
  • How an Vtlary shall bee pleaded in Demurrer to a Bill. fol. eod.
  • How an Excommunication shall be pleaded in Demurrer to a Bill. fol. 47. & 48.
  • How the Order of Dismission of causes, &c. is to be recited in a Demurrer. fol. 48.
  • How the Defendant shall pay Costs; how double Costs, treble and quadruple for Insuffi­ciencie of Answere. fol. eod.
  • What farther penaltie the Defendant is to vndergoe vpon returning his Answere insuffici­ent at the fourth time. fol. eod.
  • How the Complainant may pay Costs for wrongfull accusing of the Defendant in the [Page] sufficiencie of his Answere. fol. eod.
  • After Replication, no Insufficiency of answer can be questioned. fol. eod.
  • What Answere the Defendant must make, touching his owne fact. fol. eod.
  • How the Defendant must deny his fact by Trauerse directly. fol. 49.
  • How farre you allow the Answere to bee true, where you pray Hearing vpon Bill and An­swere. fol. 49.
  • How necessarie it is the Answere bee read at making of a Decree, whether the Defendants counsaile doe appeare at Hearing or no. fol. eod.
  • How farre new matter is to bee admitted in a Replication. fol. eod.
  • How many lines in a sheete euery Copy here shall containe. fol. 50.
  • How Commissions to examine Witnesses shall be vpon Interrogatories, and how the Deposi­tions thereupon shall bee receiued into this Court. fol. eod.
  • How the Defendant ioyning in Commissi­on, and fayling to produce his Witnesses, shall lose the benefit of any other Commission after­wards. fol. eod.
  • How vpon extraordinary cause showne, the Defendant may afterward haue libertie to exa­mine Witnesses in the Court. fol. 50. & 51.
  • How and on what conditions the Defendant may be examined vpon Interrogatories. fol. 51.
  • [Page]How Decrees of other Courts may be read here. fol. eod.
  • How farre Depositions taken in other Courts, may be allowed to be read here. fol. 51.
  • How farre forth this Court granteth order for reading of forreigne Depositions. fol. eod.
  • How farre examination may bee had of the credit of any Witnesse. fol. eod.
  • Costs against the Complainant for vniust vexation. fol. eod.
  • Punishment of parties, and their Counsaile, for immoderate length of Bill, Answere, Repli­cation, or Reioynder. fol. 51. & 52.
  • How for Libellous or Slanderous matter, in Bill, Answere, &c. the parties and their Coun­saile shall be punished, and questioned: and the [...]aid Bill, Answere, &c. be supprest. fol. 52.
  • How farre Scire facias shall bee awarded vpon Recognizances. fol. eod.
  • Within what time Recognizances ought to be enrolled. fol. eod.
  • What speciall Writs may not passe, vnlesse they bee signed vnder the hand of the Lord Keeper. fol. 52. & 53.
  • What persons are to be priuiledged; and how they are to be priuiledged here. fol. 53.
  • How farre an Execution serued vpon a priui­ledged man of this Court, may be held a Con­tempt to the Court, and so punished. fol. 53.
  • How a Supplicauit for the good behauiour [Page] shall be granted. fol. eod.
  • When a Recognizance of the peace or good behauiour may be fyled. fol. 54.
  • Vpon what grounds Writs of Ne exeat regna may be granted. fol. eodem.
  • All Writs, Processe, &c. returnable, coram Rege in Cancellar, to be fyled in the Chappell. fol. eod.
  • What other proceedings heere are also to be enrolled. fol. 55.
  • Where dayes giuen to Sheriffes to returne their Writs, shall be fyled. fol. eod.
  • What course is to be held for enrolling of Re­cognizances taken to the Kings vse, &c. fol. eod.
  • What order of proceeding is to bein suites vpon the Commission for charitable vses. fol. eod.
  • How Commissioners for the Sewers are to be enquired of, and allowed accordingly. fol. 56.
  • In what case a new Commission for Sewers may bee granted (the first beeing in forc.) fol. eod.
  • How Commission of Banquerupts shall bee granted: what Commissioners are to bee al­lowed therein; and what securitie is to bee gi­uen to proue the partie Bankquerupt. fol. 56.
  • How Commission of Delegates is to be awar­ded: The consideration of the Commissioners therein to be had. fol. 57.
  • What course is to bee held for admission in [Page] forma pauperis here; or sending such ouer to other Courts, or speciall References. fol. eod.
  • How suites after Iudgement must be brought in this Court. fol. eod.
  • How Licenses to collect for losses by Fire or water, must be granted here, or renewed, And how they are to be directed. fol eod.
  • How Exemplifications shall be made of Let­ters Patents ( inter alia) Records cancelled, De­crees not enrolled, Depositions by parcels, De­positions vnattested, Records not enrolled, or Fyled, nor forreigne Records vnfyled here, Nor of Record vpon sight in Paper. fol. 58.
  • How farre you may giue the last recited Rules extent, and valuation. fol. 58. & 59.
  • How Ordinances are to bee made, for the better gouernment of a body Incorporate and politique. fol. 59. & 60.
  • How your Counsaile at Law in such cases should be qualified. fol. 60.
  • Two kinde of Ordinances very pressiue to the Commonaltie of Corporations. fol. 60.
  • How to procure an Order or Warrant from the Lord Keeper, to the Lords chiefe Iustices, to passe your Ordinances in Paper, and to pre­pare the same for allowance and confirmation. fol. 61. & 62.
  • How thereupon the Lords chiefe Iustices doe peruse and make them fit, returne them; And how therevpon they bee engrossed, signed and [Page] sealed by all three parties, or the Lord Treasurer in supplement of any one of them fol. 62. & 63.
  • How requisite it were that all Ordinan­ces were enrolled or registred on Record. fol. 63. & 64.
  • How to sue a Recognizance taken in this Court. fol. 64.
  • How farre you may proceed in the Petty bagge of the Chancerie herein, and when you are to transmit the proceeding to the Kings Bench, or Common pleas, to bee tryed there by Iury. fol. 65.
  • How to sue a Statute Staple that is forfeited, here. fol. 66.
  • How to enquire, apprehend, and extend the Body, Lands and Goods of the party forfeiting his Statute. fol. eod.
  • How long the Sheriffe may keepe the Lands or goods extended. fol. eod.
  • From whence you are to haue your deliberate. fol. 66. & 67.
  • What care you are to haue that there be suf­ficient extended before the deliberate bee sued out. fol. 67.
  • When you are to deliuer vp your Statu [...]e▪ and to whom. fol. eod.
  • How to sue forth a Writ of Supplicauit, to the most preiudice of your Aduersarie. fol. 68.
  • How you are to sue out, and manage your Certiorare. fol. eod. & 69.
  • [Page]How to sue forth a Supersedeas vpon the fore­said Supplicauit; and how to preuent the Arrest vpon the same. fol. 69.
  • The Chancerie side, better then the Kings Bench side, for the Supersedeas. fol. 70.
  • The helpe of the Officer in this case. fol. 70.
  • The Reasons why you should rather choose the Chancerie then the Kings Bench for your Su­persedeas. fol. 71.
  • The Chancerie side the more potent in this kinde. fol. eod.
  • How large you may haue your Writ of Super­sedeas. fol. 72.
  • The large extension of this Court. fol. eod.
  • What businesses doe belong to the Petty­bagge fol eod.
  • What doth belong to the Cursitors. fol. eod.
  • The Cursitors, incorporated, and seuerally ap­propriated to their seuerall and peculiar Shires. fol. 73.
  • What seuerall Writs the Cursitor makes for remouing of causes out of seuerall Courts. fol. eod.
  • How a Certiorare to remoue a cause out of a Towne Corporate; And a Procedendo presently therevpon may bee made forth of course. fol. 73. & 74.
  • How the second Procedendo must bee granted vpon a Bill. fol. 74.
  • How Bond must be giuen to proue the Con­tents of the Bill vpon grant of the speciall [Page] Certiorare. fol. eod.
  • What time the Complainant hath to proue the Contents of his Bill. fol. eod.
The Fees of Proceeding in this Court of Chancerie.
  • The Processe, drawing of Plea­dings, and other proceedings,—particularly set downe from fol. 75. to fol. 81. erronicè 99.
  • The Fees of all originall Writs sealed in Chancerie, fol. 81. er­ronicè 99.
  • For euery Writ particularly From fol. 81. or 99. to fol. 85. erronicè 103.
  • The Authors excuse for omitting the Re­cords of the Rolles, &c. fol. 85. & 86.

THE COVRT OF REQVESTS: OR, White-Hall at Westminster.

  • HOw the practice of proceeding in this Court, is like to that of the Chancerie, and the Fees in most things. fol. 87.
  • Their difference in the Leading Writ, fol. eod.
  • How they vse to Summon neere hand, and in London and West­minster,———— fol. 88. erronicè 106.
  • The Fees of Summoning by the Messenger; and also by the Writ of Priuy Seale, fol. eod.

THE COVRT OF, THE PROVIN­CIALL COVNSAILE OF THE MARCHES of WALES.

  • HOw the proceeding is generally like to that of the Chancerie, and the Fees in most things. fol. 89.
  • The difference in their Leading Processe. fol. eod.

THE COVRT OF THE PROVIN­CIALL COVNSAILE AT YORKE.

  • THeir Coherence with the Chancerie, in proceeding and Fees, vt supra, in Wales,— fol. 90. erronicè 108.
  • How you may know the powers and pri­uiledges of the two Prouinciall Counsailes. fol. eod.
  • The difference betweene this Court, and the Chancerie in Leading Processe. fol. eod.
  • A cause why those of the said two Iurisdicti­ons Prouinciall doe dissert their owne Courts, and come to Westminster. fol eod.
  • [Page]How the Courts of the County Pallatine of Chester; The Pallatine of Lancaster; The Pallatine of Du­resme; The Chancerie of London, and the Exchequer Chamber Westminst. doe all imitate the practice and Fees of the great Chancerie, with some little difference.——— fol. 91. erronicè 109.
  • The Worthinesse of our Chancerie Clerke. fol. eod.
  • The Authors excuse for giuing to the Court of Common-pleas the Leading Fyle, before the Kings Bench. fol. 92.

THE COMMON­PLEAS TABLETVRE OF CONTENTS.

  • INstruction first to vnderstand the Nature of your Action. fol. 93. erronicè 39.
  • Caution to make your Bond, and Origi­nall to agree. fol. eod.
  • How you shall make them to agree in case of a Bond. fol. eod.
  • How to Stile the Defendant in Action of Trespasse, or the Case. fol. eod.
  • Who is to make your Originall Writ, and to get it sealed.— fol. 94. er­ronicè 112
  • In what case you may your selfe returne your said Originall Writ. fol. eod.
  • In what case you must deliuer it to the She­riffe to returne. fol. eod.
  • Where (after the returne made, that the De­fendant is sufficient) the Plaintiffe may looke [Page] for the appearance. fol. eod.
  • What is to bee done on the Plaintiffes partie touching Declaration, when the Defendant hath appeared; with other obseruations then required on the Plaintiffes party. fol. eod.
  • How the Bond is to be shewed with the Declaration, and the rea­sons thereof.——— fol. 95. erronicè. 113.
  • How like course for shewing of your Euidence is to be held in Action of Debt due by Inden­ture, or Testament, or Letters of Administra­tion. fol. eod.
  • How the Originall and Indenture in such case must agree in the alias Dict. also. fol. eod.
  • Costs and Dismission may be had against the Plaintiffe, for not declaring in time. fol. eod.
  • How the Defendant may afterwards discon­tinue the Plaintiffes Action, for not replying at a day. fol eod. & 96.
  • What the Plaintiffes Attourney may doe, where the Defendant (being returned sufficient) doth not appeare. fol. 96.
  • How the Plaintiffes Attourney may haue a Day; and then a Distresse, and Distresse after Distresse, till the Defendant appeareth. fol. eod.
  • What course the Plaintiffes Attourney may take, in case the Sheriffe doe returne to small issues. fol. eod.
  • How the Plaintiffes Attourney must returne the Writ, where the Defendant hath no Free­hold [Page] within the County, in Debt and Tres­passe, &c. fol. 96. & 97.
  • The difference of the Returne betweene those Actions, and an Action of Trans super Ca­sum, vpon the case. fol. 97.
  • The Returne of the Ordinarie Processe of Capias to the Exigent. fol. eod.
  • What space must bee betweene the Teste and the Returne of an originall Writ. fol. eod.
  • And what space betweene the Teste and the returne of a Cap. Alias Cap. and Plur. Cap. fol. eod.
  • And what space betweene the Teste and Re­turne of an Exigent. fol. eod.
  • How the Proclamation and Exigent must a­gree in Teste and Returne. fol. 98.
  • What time an Exigent hath to be returned in the Countrey, and what in the Citie. fol. eod.
  • When the Defendant (not appearing) may be returned vtlawed. fol. 98.
  • How and when your Plur. Cap. must be fyled. fol. eod.
  • When, and how the Plaintiffe must make your Warrant of Attourney. fol. eod.
  • Where it must be deliuered. fol. eod.
  • When the Defendant is to put in his War­rant of Attourney. fol. eod.
  • How vpon any the Capias's returned Cepi, by the Sheriffe, farther Processe shall bee stayd. fol. eod.
  • [Page]What course the Plaintiffe shall take to com­pell the Sheriffe to bring in the Defendant where hee appeares not, ( Cepi Corpus being returned.) fol. 99.
  • How to proceed against the Sheriffe, in case he be out of his Office, before you can get him to bring in the Prisoner. fol. eod.
  • How to continue the Apposen. fol. eod.
  • What time betweene Teste and returne of Common Processe. fol. eod.
  • How Processe may bee continued by the Plaintiffes Attourney diuers Termes. fol. eod.
  • To what County the Proclamation must bee directed; And when it must bee returned. fol. 100.
  • In what case there needs no returne of the Proclamation. fol. eod.
  • How after the Defendants appearance a Iudgement may be had against him, for not ta­king a Copie of the Declaration, and making answere. fol. eod.
  • How the Defendant may call the Plaintiffe Non-suit, for not declaring in time. fol. eod.
  • Where, and how a Supersedeas vpon Maine­prise must be sued out. fol. eod.
  • What course the Plaintiffe may take against the Sheriffe, for returning too small Issues vpon Distresse. fol. 101.
  • What shift the Plaintiffe hath, if hee bee not ready to reply. fol. eod.
  • [Page]How the Defendant may plead a new, or stand to his old Plea at the day of Imparlance. fol. eod.
  • How the Defendant may then bee condem­ned in the cause, for not auowing his former Plea, or giuing of a new one. fol. 101.
  • What care the Plaintiffe must haue to see the Issue be rightly entred, And his Warrant put in then at the vtmost. fol. eod.
  • When it is best for the Plaintiffe to put in his Warrant. fol. eod.
  • How the proceeding may bee erroneous for want of a Warrant, And the Plaintiffes Attour­ney bee fined grieuously for the same. fol. 102.
  • When the Plaintiffe may sue forth Venire faci­as, And how long hee may continue his issue without suing it out. fol. eod.
  • How by the Plaintiffes delay, the Defendant may summon and sue forth Venire facias. fol. eod.
  • How you may enter the first Venire facias re­turned, And when the Nisi prius, and Habeas Corpora, are to be awarded. fol. eod.
  • How to proceed to Execution after Tryall and Verdict. fol. eod.
  • How to proceed when the Sheriffe returnes the Venire facias sued or serued. fol. eod.
  • How in case the Iury fill not at the Assizes, the Plaintiffe may get it to be filled vp. fol. 103.
  • How to get the Iury to bee filled at the Com­mon pleas Barre, in case they fill not there. fol. eod.
  • [Page]The order of crauing of Tales at the Barre, with the taking out & entry of the same. fol. eod.
  • What you are to doe, in case the Sheriffe doe returne Tardè vpon any your Tales. fol. eod.
  • When, and how the Defendant may alter or mend his Plea heere after Replication, fol. eod.
  • The difference betweene this Court and the Kings Bench in Entring of their Pleas. fol. 103. & 104.
  • What is to bee done, where the Defendant is returned sufficient in an Action of Trespasse. fol. eod.
  • What is to bee done, where hee is returned Nihil. fol. 104.
  • What in case he is returned vtlawed. fol. eod.
  • How you must sue any of the Nobilitie who are of the Parliament House, and how to pro­ceed against them. fol. eod.
  • How the Plaintiffe may haue his remedy and satisfaction of the Sheriffe, in case where hee arrest, and deteines not the Defendant vpon Capias ad satisfaciendum. fol. eod.
  • How he may choose whether hee will take such course against the Sheriffe for an escape, or proceed against the Defendant to Vtlary after Iudgement. fol. 104 & 105.
  • How this kinde of Vtlary is pardonable, and how not. fol. 105.
  • How vpon a iudgement the Plaintiffe may [...] W [...]t to extend halfe the Lands & Goods [Page] of the Defendant, with exception of some cer­taine things, &c. And what heed you must take how you aduenture to sue forth that Writ. fol. eod.
  • How after Iudgement, the Plaintiffe may by Writ, leuy it vpon all the goods of the Defen­dant which he can finde. fol. eod.
  • How the Plaintiffe may sue out as many Writs of Fieri facias as hee will, till hee bee satisfied▪ fol. 105.
  • How to proceed in Writ of Rescous, and Ranishment of Ward. fol. eod.
  • How in a Quare eiecit infra terminum, and Eiectione firme. fol. eod.
  • How in Writ of Annuitie, and Couenant vp­on an Indenture. fol. 106.
  • The proceeding vpon a Writ of Entry. fol. eod.
  • Where, and when the Grand Cape lyeth; The manner of pro [...]uring and proceeding vpon it, with the meanes [...]o auoide it. fol. eod.
  • When the Petit Cape may goe forth, with the proceeding therevpon, to the recouerie of the Land in question, and the seizure thereof. fol. eod.
  • The care to be had, to see that no Essoyne bee in the meane time cast for the Tenants ap­pearance, with the danger thereof to the De­mandant. fol. 106. & 107.
  • What the Demandant must doe to auoid [Page] such euils in all Reall Actions. fol. eod.
  • What proceeding is vpon Warrantia charta, Dedroite, and Surdisseisin. fol. 107.
  • How you must set your Iudgement on foote againe, in case you let it sleepe aboue a yeere and a day, without doing of any thing vpon it. fol. eod.
  • What course is to be taken, that the Plaintiffe his Executors, &c. may proceed to execution against the Defendant, his Executors, &c. in case where either of them dyeth after Iudge­ment, and before Execution. fol. eod. & 108.
  • Vpon whose goods the Execution must bee first awarded, the Defendant being dead. fol. 108.
  • How in case of Diuastauit returned vpon your Fieri facias, you may get it to be awarded vpon the goods of the Executor, &c. or Arrest his body for your Debt. fol. eod.
  • How to sue a matter of errour. fol. eod.
  • The difference of proceeding in a matter of Errour before Iudgement, and matter of Errour after Iudgement. fol. 109.
  • The preiudice of the Defendant, in case hee doe not get his Record to be certified in time. fol. eod.
  • The danger of losing one Writ of Errour. fol. eod.
  • When the Errours are to be assigned. fol. eod.
  • The course whereby you shall bee compelled to assigne Errours. fol. eod.
  • [Page]The danger in not assigning of Errours in due time. fol. 110.
  • How to Reuerse Vtlary, vpon meane Processe by Writ of Errour. fol. eod.
  • What be the particular Errours, which before Iudgement, the Court will correct of it selfe. fol. eod.
  • How you are to proceed when you finde any of those Errours. fol. eod.
  • How if the party vtlawed can finde no Errour in Vtlary before Iudgement, yet he may procure a Supersedeas, and discharge the action by Par­don afterwards. fol. 111.
  • How the party vtlawed, if he haue any goods taken by that Vtlary, may free and haue them againe. fol. 111. & 112.
  • In what case the Defendant shall be forced to enter into Bond to proue Errour. fol. 112.
  • The practice of the Court, where the cause goeth with the Plaintiffe vpon a Demurrer (the D [...]bt or matter recouered not being expressed) for his reliefe by Dammage. fol. eod.
  • The like proceeding in an Action of Waste, if the Waste be certified in time. fol. eod.
  • What extraordinarie prouision is made, to giue satisfaction in case of Waste. fol. eod.
  • Care is to bee had by all Plaintiffes and De­mandants, to heed where Essoynes lye, and may be lawfully cast; as also to the adiourning of Essoynes, And the casting of the Ne recipiatur. fol. 113.
  • [Page]The Attourney for the Defendant is to heed the casting of Essoynes aswell. fol. eod.
  • How Essoynes must be adiourned. fol. eod.
  • What danger in the omitting of the Ad­iournment. fol. 113.
  • The danger of casting an Essoyne, where it will not lye. fol. eod.
  • What heed must bee had to discerne where the Inferiour may pray in ayde of the Superiour; And where Vowcher lyeth. fol. eod.
  • To whom the Processe must be directed, for cleering the Question of Bastardie. fol. eod.
  • Also to cleere and prooue Plenaritie, or not Plenaritie, in case of Aduowson. fol. eod.
  • What Pleas Attourneys may plead fol. 114.
  • To a Bond for paiment of money, fol. 114.
  • To a Bill of Debt, fol. 114.
  • To any other Action of Debt. fol. 114.
  • To a Bond for deliuery of Corn, &c. fol. 114.
  • To a Bond for performance of Couenants, vpon an Indenture; Or vpon an Arbitrement, fol. 115.
  • To an Action of Trespasse: fol. eod.
  • To an Action of Batterie: fol. eod.
  • To an Action for Rent: fol. eod.
  • To an Action of the Case vpon Assumpsit:——— fol. eod.
  • To an Action for Slander: To an Action for deteining of any thing whereof there is no Bond: To an Action vpon Eiectment. fol. eod.
  • [Page]What bee the Common issues vpon simple Actions. fol. eod.
  • What you may plead vpon an Account. fol. 116.
  • What vpon Admistration: What vpon a Demise. fol. eod.
  • What is the generall issue in an Assize, fol. eod.
  • How all Speciall Pleas are pleaded heere. fol. eod.
  • How the Defendant is to peruse any Paper­booke of speciall pleading, to which the Serge­ants hand is put, with the proper remedy against such Defendant, if he deteine it. fol. eod.
  • What aduice the Plaintiffes Attourney should haue vpon speciall Pleas and Issues vpon them. fol. eod.
  • The danger of omitting such aduice. fol. 117.
  • What heed the Defendants Attourney must take in suffering a Nihil dicit against his Clyent, especially vpon a Bond. fol. eod.
  • What benefit one may haue by tryall of a Title, vpon an Action of Trans. tantum. fol. eod.
  • The difference betweene such an Action, And Eiectione firme. fol. eod.
  • What makes an Action at Trouer to lye. fol. eod.
  • The difference betweene Trouer and Detinet. fol. eod.
  • In what case it is better to suffer an Amer­ciament [Page] then to appeare. fol. 117 & 118.
  • The Inconuenience of continuing an issue too large. fol. 118.
  • What course either party may take, if at the calling of the Iury they thinke them too fauou­rable. fol. eod.
  • For what reason you may except against any of the Iury. fol. eod.
  • How many of the Iury may bee chosen for Tryers to the rest. fol. eod.
  • How an exception against any of the Iury for combination with the Sheriffe, or his Ministers, shall be tryed. fol. eod.
  • By whom, and how, things, obiected fo [...] mat­ter of fauour [...]o either party shall bee tryed. fol. 119.
  • The vsuall causes of Challenge to any of the Iury. fol. eod.
  • Vpon what testimony the Tryers shall finde the obiection or Challenge. fol. eod.
  • What the Iury shall finde. fol. eod.
  • How the whole Iury (if they be challenged) shall be tryed. fol. eod.
  • The manner how to proceed in Tryall of an Issue. fol. 120.
  • What belongs to the Plantiffes Attourney to doe at the Tryall. fol. eod.
  • What concernes the Counsaile▪ Witnesses, Iury, and Bayliffe attending the Iury to doe at the Tryall. 120. & 121.
  • [Page]What you are to doe if the Verdict doe passe with you. fol. 121.
  • How to sue forth a Recouerie. fol. 121.
  • What belongs to the Attourney to doe, who sueth in a Recouerie, in a Writ of Entry in the Post. fol. 122.
  • Oath must be made of the true yeerely value of the Lands. fol. eod.
  • What is the effect and Condition of the Re­cognizance which is to be entred into, when you are to haue your Writ from M r. Attourney vnder his hand. fol. eod. & 123.
  • What course you must take before you sue out your Writ of Entry, if the Land be held in Capite. fol. 123.
  • What is to bee done after your said Writ is past through M r. Attourneies hand. fol. eod.
  • How many Sergeants you must reteine in this case a [...] Barre. fol. eod.
  • What is to be done after the Recouery is ac­knowledged. fol. eod. & 124.
  • How much you shall bee cast behinde-hand heerein, by default of the Tenants personall ap­pearance. fol. 124.
  • What course to take where the Tenants doe no [...] appeare personally. fol. 124.
  • How the Recouerie may be ouerthrowne by the Attourneies neglect. fol. eod.
  • What course hath beene formerly an [...] in times past taken for exemplifying of the Writ of En [...]rie aad Seisin, with the R [...]urnes and
  • [Page]The benefit of hauing this Writ De non mole­stando in a readines. fol. eod.
  • Actions Transitorie, and Actions Locall▪ fol. eod.
  • The charge of the originall Writ, and the meane Processe and Seale inde. fol. 138. & 139.
  • The ordinary charge to sue an Vtlary in a single Writ. fol. 139. & 140.
  • The charge of a Nisi prius in Guild-Hall Lon­don, taken by default. fol. 140. & 141.
  • The Charge of a Nisi prius in the Countrey. fol. 142.
  • Fees belonging to the Prothon [...]tories & their Clerkes. fol. 143. & 144. & 145.
  • Fees belonging to the Phillozers. fol. 146.
  • Fees due to the Custos Breuium. fol. 147.
  • When Originals and Plur. Cap's. may be put in here. fol. eod.
  • When the Bundles of Writs of the Termes past ought to be brought in here. fol. eod.
  • Fees of the Treasurie-house. fol 148. & 149.
  • Fees of the Clerke of the Essoynes. fol. 149. & 150.
  • The Cryers Fees. fol. 150.
  • The Charge of Reuersing of an Vtlary. fol 151.
  • Fees belonging to the Clerke of the V [...]laries. fol 151. & 152.
  • How to get an Vtlarie to be certified. fol. 152.
  • The Charge of trauersing of an Vtlarie, And [Page] the Pardon vpon the same. fol. eod. & 135.
  • The charges of a recouerie at the Barre. fol. 154. & 155. & 156.
  • A Rate of Fines vpon Recouery and Aliena­tion by Table for the purpose. fol. 156.
  • The charges of a Fine, with License of Alie­nation. fol. 157. & 158.
  • What the Fine for Alienation is. fol. 157.
  • What the Fine is in the Writ of Couenant. fol. eod.
  • The charge of a Fine knowledged by speciall Dedimus Potestatem. fol. 158. & 159.
  • The charge of a Fine knowledged before my Lord chiefe Iustice of this Court. fol. 159. & 160
  • The charge of knowledging a Fine at the Barre. fol. 161.
  • The Fines payable vpon diuers kinde of Writs. fol. 161. & 162. & 163.
  • The lymnes of the Kings Bench, with the Actions handled there. fol. 165.
  • The Identitie of the forme of proceeding in the Kings Bench, and Common-pleas, as also of Fees. fol. eod.
  • In what few points of proceeding they doe differ; And how they may bee reconciled. fol. 166. & 167.
  • The Coherence of the Latitat, and the Capias. fol. 166.
  • Their small difference in Fine. fol. eod.

THE KINGS BENCH AND LONDON.

  • THeir difference in Libertie of time to declare, &c. inde. fol. 167.
  • Their difference in Requisition of Spe­ciall Bayle. fol. eod.
  • Their difference of libertie to amend a Plea. fol. eod.
  • Their little difference in the whole charge of Remouing a body by Writ. fol. 167. & 168.
  • Their difference in paying of Dammage cleere, vpon a Iudgement. fol. 168.
  • What bee the Common Law Courts of London. fol. 169.
  • What Actions they deale in. fol. eod.
  • The small difference betweene them and the Kings Bench for proceeding. fol. eod.
  • [Page]What time the Free-man hath to appeare. In suo loco by mistake, it is To put in Bayle, pro To appeare. fol. eod.
  • What time the Plaintiffe hath to declare. fol. 170.
  • The difference betweene the Courts of Lon­don, and those of Westminster in their Indebita­tis assumpsit. fol. eod.
  • Their vsuall and extraordinarie helpe heere after Verdict. fol. eod.
  • The Charge of proceeding to a Iudgement by default of Verdict. fol. 171.
  • Charge of Non suit here. fol. eod.
  • Where you shall reade the Customes of the Citie, which if they will let you, I would far­ther request your opinion, how agreeable it is to the Law, ( viz.) That the Obligee shall arrest the body of the Obligor, vpon that Obligati­on, which is not yet in force according to the prefixion of the day conditioned for payment. fol. eod.
  • How all other Courts of Record are gene­rally led for formalitie of practice. fol. 172.

THE STARRE­CHAMBER.

  • OF the Starre-Chamber practice. fol. 173.
  • What is their Leading Processe. fol. eod.
  • What time the Defendant hath to appeare. fol. eod.
  • Fees of his Appearance. fol. eod.
  • Danger of not appearing in time. fol. 174.
  • Fees for procuring the Attachment against the Defendant in such case. fol. eod.
  • When the Defendant must appeare, if the Writ be returnable vpon a day certaine. fol. eod.
  • What the Defendant must doe, if hee bee brought in vpon the Attachment. fol. eod.
  • How the Defendant may appeare gratis with­out Processe. fol. 174.
  • What Processe may be had against the Defen­dant, vpon losing of the first. fol. 175.
  • [Page]Fees inde. fol. eod.
  • What Processe may be against the Defendant (the Sheriffe returning Non est inuentus vpon the Attachment.) fol. eod.
  • Fees inde. fol. eod.
  • What course the Plaintiffe may take against the Defendant appearing vpon Attach. cum feod. inde. fol. eod.
  • The danger, if the Defendant appearing vpon Attach. doe depart without answering the Con­tempt. fol. 176.
  • What the Plaintiffe must doe, before he haue Warrant for Processe, heere. fol. eod.
  • What time the Plaintiffe hath to perfect his Bill put in pro forma, at the first. fol. eod.
  • How the Defendant may get the Plaintiffe to be dismissed for want of a Bill. fol. eod.
  • Fees of Costs giuen inde. fol. eod.
  • What course the Defendant hath to recouer those Costs giuen, vpon the dismission of the Plaintiffe. fol. eod. & 177.
  • What time the Defendant hath to put in his Answere. fol. 177.
  • How the Defendant may answere by Com­mission. fol. eod.
  • Fees inde. fol. eod.
  • From whom, and how, the Commission must be obtained. fol. eod. & 178.
  • How the Commission must bee returned fol. eod.
  • [Page]The Defendants danger, in not answering in this case. fol. eod.
  • How the Plaintiffe may ioyne with the De­fendant in the Dedimus to answere, and minister Interrogatories. fol. 179.
  • How the charge shall be then borne. fol. eod.
  • The Plaintiffes time to put in Interrogatories. fol. eod.
  • The danger if the Defendant depart out of Towne, before he bee examined vpon Interro­gatories. fol. eod.
  • How the Defendant may depart (no Interro­gatories being put in in time.) fol. 180.
  • What is to bee done, when the Defendant hath demurred. fol. eod. & 181.
  • The danger of the Defendant, if his De­murrer be certified for Insufficient. fol. eod.
  • What course the Plaintiffe is to take against the Defendant, vpon Certificate of such Insuf­ficiencie. fol. eod.
  • In what case the Defendants Demurrer may be accepted in the Countrey. fol. 182.
  • What course to be taken, where the Defen­dant demurres to one part of the Bill, and answeres to another. fol. eod.
  • How it is with the Plaintiffe, when the De­fendants Demurrer is found to bee sufficient. fol. eod. & 183.
  • How the Demurrer may dye. fol. eod.
  • What course is held, where the Sufficiencie [Page] of an Answere made to Interrogatories, is re­ferred to Committees. fol. eod.
  • When the Plaintiffe may reply, and make the Defendant Reioyne. fol. eod. & 184.
  • Where no Replication shall neede at all. fol. eod.
  • When the Plaintiffe may make the Defen­dant to ioyne in Commission. fol. eod.
  • How the Plaintiffe may lose the benefit of examining the Defendant vpon Interrogatories. fol. eod.
  • The danger if the Plaintiffe doe not reply in time. fol. eod.
  • When the Plaintiffe may take forth Com­mission to examine Witnesses. fol. 185.
  • In what case the Plaintiffe may sue out Com­mission alone to examine. fol. 185.
  • How the Defendant shall Reioyne. fol. eod.
  • How the charge shall bee borne, when both parties ioyne. fol. eod.
  • How the Defendant may sue out Commission alone to examine. fol. 186.
  • What course the Defendant may take in case the Plaintiffe doe delay the examination of Witnesses. fol. eod.
  • When day may bee giuen for Publication. fol. eod.
  • When Publication may be had. fol. eod.
  • What may stay Publication. fol. eod. & 187.
  • [Page]When the cause standeth at the highest heere. fol. eod.
  • How constant and immutable the grounded Rules of this Court be. fol. eod.
  • The forme of proceeding Ore tenus in this most Honourable Court. fol. 188. & 189.

THE EXCHE­QVER.

  • THE Exchequer proceeding. fol. 190.
  • The seuerall places of proceeding in the Exchequer. fol eod.
  • The Exchequer Chamber proceeding. fol. eod.
  • The Court of Pleas proceeding. fol. eod.
  • How the proceedings of the Exchequer Barre are distributed. fol. 191.
  • The order of appearance here. fol. 192.
  • The Charge of appearance in the Exchequer. fol. eod. & 193.
  • The Charge of an enrolement in the Exche­quer. fol. eod.
  • The Charge of the Sheriffes account in the Exchequer. fol. 194. & 195 & 196.
  • The Ordinarie charge for passing of an Ac­count. fol. 196. & 197.
  • Fees belonging to the Sheriffe in his Office. fol. 198. 199 & 200.

CLERKE OF THE PEACE.

  • FEes belonging to the Clerke of the Peace, with the businesse of his Office, and the manner of proceeding at Sessions: where­in in one place ( viz.) pag. 205. in stead of Cle­ricus Custodis Rotulorum pacis: It is printed Cleri­cus Clerici Rotulor. &c. fol. 201. 202. 203. 204. 205.

CLERKE OF THE ASSIZE.

  • THe Clerke of the Assizes, his Fees in his Of­fice. fol. 206. & 207.

THE ARCHES.

  • THe charge of prouing a Will (the Inuen­tory: being forty pounds, and not aboue.) fol. 208.

THE COVRT OF WARDS.

  • INstructions how you are to sue forth a Luna­ticke. 209. 210. 211.
  • Here, is (who deliuers) for which deliuers. fol. 212. linea 6.
  • Instructions how you are to passe a Ward. fol. 212. 213. 215.
  • The charges of obtaining and passing of a Ward. fol. 215. 216.

THE HIGHEST COVRT OF PARLIAMENT.

  • WHereupon all the Positiue Law of the Land doth consist. fol. 218.
  • Who keepes all the Acts of Parliament. fol. 219.
  • What are the Parliament businesses. fol. eod.
  • The large power of Parliament; and how binding it is. fol. 220.
  • Who bee called to the Parliament, and by what reason, or duty, and how they be called. fol. eod. to the end.
  • What time of Summons they vse to haue. fol. 220.
  • How the Proctors of the Clergie bee elected, and how many of them are called by Writ, &c. fol. 221.
  • Reasons to proue that the Conuocation house is no member of the Parliament House. fol. eod.
  • [Page]The Seruices of such as come hither by reason of Office. fol. 222.
  • The Allowances of the Knights, Burgesses, And Barons of the Cinque-Ports per Diem, and how they may recouer it. fol. 223.
  • Who must pay the Fine of the fore-named persons. fol. eod.
  • What Fines euery of them is to pay, vpon their default in not appearing. fol. 224.
  • What course the King may take, if all the Lords be absent (according to opinion.) fol▪ eod.
  • The Officers here, and their places. fol. eod.
  • How the Speaker is appointed. fol. 224.
  • What Proclamations are. fol. 225.
  • The power of Proclamations, with the paine of him that doth breake the same. fol. eod.
  • The Office of an Eschetor. fol. 226.
  • What may be found by vertue of Writ, and what by Office of Eschetor, as he is a Commis­sion of himselfe. fol▪ eod.

THE DVCHY COVRT.

  • WHat pleadings the Duchy Court hol­deth. fol. 227.
  • The Iudges heere. fol. eod.
  • Who keepes the Rolles. fol. eod.
  • Who keepes the Leases, Grants, and charge of the Duchy Lands. fol. 227. 228.
  • The Auditors and Surueyors of the Duchy Court. fol. 228.
  • The Authors Request, touching the defeat of Clyents causes, by their owne counsailes default. fol. 229. & 230.

THE OATH WHICH AN AT­TOVRNEY WAS AN­ciently wont to take vpon his Admission, being now disused, And in stead thereof, the Oath of Allegeance is only ministred; howsoeuer both would doe better.

YOv shall doe no Falshood, nor cause any [...] bee done in the Court: And if you [...]ow of any to be done, you shall giue knowledge [...]hereof to my Lord chiefe Iustice or some of his brethren, that it may be reformed: you shall d [...]y no man for Lucre or Malice; Nor shall increase any Fees, but be content with [Page] the old Fees accustomed: You shall pleade no Forraigne Plea, Nor sue any Forraigne Suite vn­lawfully to the hurt of any man; But you shall sue such onely, as shall stand with the order of Lawe and a good Conscience: You shall seale all such Proces as you shall sue out of this Court with the Seale thereof onely, and see the Kings Maiestie, and my Lord chiefe Iustice discharged for the same: You shall not wittingly sue, or procure to be sued any false Suite, or giue aide or consent to the same, on paine to be expulsed the Court for euer: And further, you shall beare your selfe honestly and vprightly in the Office of an Attourney of the Court, according to your best Learning and Discretion, and as good Con­science bindeth you. So help you God, &c.

NOVV

I bring the Returnes themselues home in the Rere of my Booke, as being the only Leaders of Attourneies proceedings, and the Practice being past before: they offer themselues in the last place, beeing most markable and ready to euery hand, as occasion may require.

The foure Termes with their Returnes.

Hillary Terme beginneth Ianuary 23. and endeth February 12.
Returne Dayes, or, Essoyne Dayes. Exception day. Returna Breuium. Appearance dayes.
Octabis Hill. Ian. 23. Ianu▪ 24. Ianu. 25. Ian. 26.
Quind. Hill. Ianu. 27. Ianu. 28. Ianu. 29. Ian. 30.
Crast. Purif. Febru. 3. Febru. 4. Febru. 5. Febru. 6.
Octab Purif. Febr. 10 Febru. 11. Febru. 12. Febru. 13.
Easter Terme begins April 30. and endeth May 26.
Quind. Pasch▪ Apr. 30. May 1. May 2. May 3.
Trees Pasch. May 5. May 6 May 7 May 8.
Mense. Pasch. May 12▪ May 13 May 14. May 15.
Quinq. Pasch. May 19. May 20 May 21. May 2 [...].
Craft. Ascen. May 23. May 24▪ May 25. May 26.
Trinity Terme begins Iune 13. and endeth Iuly 2.
Cra [...]. Trin. Iune 9. Iune 10. Iune 11. Iune 12.
Octab. Trin. Iune 16. Iune 17. Iune 18. Iune 19.
Quind. Trin. Iune 23. Iune 24. Iune 25. Iune 26
Tres Trin. Iune 30. Iuly 1. Iuly 2. Iuly 3.
Michalemas Terme begins, October 9. and endeth Nouember 28.
Octab. Mich. Octob. 6. Octob. 7. Octob. 8. Octob. 9.
Quind. Mich. Octo. 13. Octob. 13. Octob. 15. Octob. 16.
Tres Mich. Octob. 2 [...] Octob. 21. Octob. 22▪ Octob. 23.
Mense Mich. Octo. 27. Octob. 28. Octob. 29. Octob. 30
Crast. anim. Nouem. 3. Nouemb. 4. Nouemb. 5. Nouemb. 6.
Crast. Mart. Nouem. 12. Nouemb. 13. Nouemb. 14. Nouemb 15.
Octab. Mart. Nou. 18. Nouem. 19. Nouemb. 20. Nouemb. 2 [...].
Quind. Mart. Nou. 25. Nouem. 26. Nouemb. 27. Nouemb. 28.
The Law-Dayes in the Courts of
  • [Page]Arches,
  • Audience,
  • Prerogatiue,
  • Consistory,
  • Delegats,
  • Admiralty.
In Hillary Terme:
  • S. Hillary 13 Ianuary.
  • S. Wolston 19 Ianuary.
  • Conuersio S. Pauli 25 Ianuary.
  • S. Scholastic. 10 February.
  • S. Valentine 14 February.
In Easter Terme:
  • Quind. Pasch. 28 Aprill.
  • S. Gordian 10 May.
  • Ascension day. 22 May.
In Trinitie Terme:
  • Corpus Christi 12 Iune.
  • S. Buttolph 17 Iune.
  • S. Iohn Baptist 24 Iune.
  • S. Paul. 30 Iune.
In Michael­mas Terme:
  • S. Faith 6 October.
  • S. Edward 13 October.
  • All Soules 2 Nouember.
  • S. Martin 11 Nouember.
  • S. Edmund. 20 Nouember.

And when and where, their seuerall Courts are seuerally and respectiuely kept, you shall reade in the common Almanacke at large.

FINIS.
—Cum tonat ocyùs Ilex▪
Sulphure discutitur sacro quam tu (que) Domus (que).
T. P.

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