Of the Common-pleas.

IN this Court you may sue for debts, accounts, Titles of Land, Trespasses, and almost all other differences that can happen between man and man, wherein there is no criminal matter or breach of the peace.

The first process here is call'd an original, upon the making out of which, if the debt or damages therein specified exceed 40 l. you must pay down as a fine to the King, from 40 l. to a 100 marks, 6 s 8 d and if a 100 l. 10 s. and so proportionably.

In this Court it is that Men are commonly sued to the Out-Lawry: A remedy intended by the Law, only against such as hid themselves from, or forcibly withstood being taken by ordinary pro­cess; whereupon after several writts r [...]turned, that they could not be found, and proclamatio made five days by the Sheriff at the County Court, they stand Out-law'd, uncapable to bring any Action, or liable to have their Persons or Estates seized in the nature of Execution, as well on the behalf of the King as the plaintiff: but now some envious peo­ple make use hereof to vex their neighbours by Out-lawing them for trifles before they hear a word of it; which is a very great abuse.

To sue a man to the Out-lawry, requires the space of three terms, but if you begin in the first Week of one term, you may take the advantage of the term before: for dating your Writts, the several process and Fees are as follows.

If you suspect any body is sueing you to the Out-Lawry privately, you may search the Phili­zers, or Exigenters Office, which will cost but 4 d. a Term; and if you find it before the Exigent re­torned, which is the last VVritt, for about 14 s. charge you may get a Supersedeas and in such case the plaintiff looses all his charges, and must accept of Common-Bail; but if you are already actually Out-law'd, you must put in special Bail, and it will cost you neer 40 s. to reverse it.

Of Fines and Recoveries.

In this Court are pass'd all Fines and Recoveries; The use of a Fine is to barr a woman of her title, thirds, or Right of Dower in some Land the Hus­band is minded to sell, and therefore she is always examined apart by the Judges or Commissioners, to know whether she part with it freely without the compulsion of her Husband: these Fines may be acknowledged either in the Court of Common-pleas [Page 4] at Westminster in Term time, or before the Lord Chief Justice of that court, out of court, or in the country, by commission to certain gentle­men for that purpose named; or before the judg­es at the Assizes; in all which cases the Fees are somewhat variou [...], but the most certain, as fol­lows.

Recoveries are frequently added to fines, and their use is to cut off Intails, & bar those in Re­mainder; & is a security of the highest nature in [Page 5] Law; and not to trouble the reader with another tedious Bill, the whole charge of it is betwee [...] five and six pounds in ordinary Cases.

Of the Court of Kings-Bench.

THe leading Writts here are a bill of Mid­dlesex, if the defendant live in that county; for which you pay 2 s. 1 d. Or a lattitate, if in any other county of England; which costs 4 s. 7 d. The Warrant from the Sheriff upon these in Middle­sex or London, is but 4 d. but the Sheriffs in remote counties require more.

If you sue a Man here for a certain debt due on bond, or the like, above the value of 10 l. you must mark your writt for special bail, that is not on­ly force him when taken, to give security to the Sheriff to appear, but likewise at the reto [...]n of the Writt to give in fresh bail before a Judge, to satisfie what you shall recover of him, and till this be accepted of, the bail to the Sheriff is not discharged; but in matters under 10 l. An appear­ance alone serves turn.

If you cannot take the defendant on your Latti­tate you may renew it; which is call'd an Alias, and costs 2 s. 7 d. And so a Pluries at the same rate.

The high Court of Chancery.

THe nature of this court is to moderate the exact rigours of Law, & therefore is called a court of Epuity; as if a man have by negligence or necessity forfeited a bond of 200 l. by not pay­ing [Page 6] 100 l. on the precise day, according to the con­dition, or Land Mortgaged, of great value, for not paying some small sum borrowed on it; Here you may enforce such over-reaching Misers to take on­ly their due debt, interest, and charges, and there­upon cansel the Bond, or reconvey the Estate Mort­gaged: and the like in a thousand other cases.

The proceedings are here by English bill, where­in the complainant setteth forth his grievance, mak­ing use of what suggestions his counsel thinks fit to pump and winnow out the truth from his Adver­sary; who is bound to answer thereunto strictly in all points upon his Oath, and if he boggle or refuse so to do, must pay costs for insufficient answers.

Your first process is a subpaena, which costs 3 s. and must be serv'd by delivering it to the Defen­dant, or leaveing it under seal at his Habitation; of which, Oath (Affidavit they call it) must be made; and then if he do not appear, there goes a Writ to Arrest him, called an attachment, and so if he stand out in contempt, a Writ of Rebellion, and at last a Serjeant at arms; the Defendant must appear by one of the Clerks of the six Clerks office, whose Fee every Term is ten Groats; but if there be twenty Plaintiffs in a Bill, they all pay but one Fee; after the Defendant hath put in his Answer, the Plaintiff replies; and then they examine Wit­nesses, and so the cause comes to a Hearing, [Page 7] and what the Court determines therein, is called, The Decree.

Suits in Chancery are often brought to stop pro­ceedings at Law; which is done by a writ called an Injunction, strictly chargeing the Defendant (that is the plaintiff at common Law) not to go on there, but suffer the cause to be decided in this Court; this Injunction is thus obtained: when you have fill'd your Bill, if the Defendant do not ap­pear [Page 8] or answer in due time, (that is within the space of eight days) then the court will of course grant you an Injunction: but if he do answer, your Counsel must move for it from the equity and merits of your cause, or in some cases by of­fering to lodge the money in dispute in Court till the hearing of the cause? The fees of an Injunction in all are 1 l. — 4 s. — 6.

Of the Court of Exchequer.

THe proceedings of this Court are either in the Exchequer chamber, where the pleadings are in english by Bill and Answer, like the Chan­cery, or in the Office of pleas by declaration, & pleas after the manner of the common Law: Here all persons indebted to the King are upon that account admitted to sue those that owe them money: and therefore Ministers frequently make use of it to recover their Tyths; The first process is a subpaena, which costs 4 s. 7 d. and in this writt you may put four names, so that when a man has many men that owe him small debts, and is not willing to put himself to the trouble, and them to the charge of an Arrest, 'tis a good way to take out subpaena's out of the Office of pleas, which any friend may serve by leaving Libells or tickets thereof with each defendant, which commonly frights them so that they pay him or give him security, or if they do not, and fail to appear, he has an Attachment, on which they must be arrested by Bayliffs, & pay him his [Page 9] charges: a course very mild & fit to be followed, where the defendant is of any honesty or ability.

The Marshalses.

THis Court has only jurisdiction within 12 miles from VVhite-hall, (but not in the liberties of London) and was originally intended only where one of the parties was of the Kings houshold: but now people of all qualities make use of it; for a writ here you pay 2 s. & by custome give a shilling when you deliver it to the officer, which may be renewed or continued from one court day to another (that is every friday) for 4 d. a time: they hold people to special Bail in all cases, and a Cause generally comes to a Tryal in three weeks or a month: the Attorneys fee is but 2 s. 6 d. a Councellors 5 [...]. and the charges of the plantiff to bring a cause to tryal about 50 s.

How to sue Attorneys, &c.

MAny people complain foolishly of the diffi­cultie of sueing Attorneys, and the like of­ficers of courts, for indeed they are more easily prosecuted then others, for you are not put to the trouble of arresting them, but only to file a Bill or Declaration in the Court they belong to: if they be of the Common pleas in the Pro­honoraries Office they are entred in: if of the Chancery, in the pettibag Office, and if they do not plead to it in due time, they are fore-judged the Court, that is, seque­stred from Practice, and denyed their pri­viledge, [Page 10] so that then you may arrest them; but if they plead, the proceedings are the same, and you have as fair play at them as at any other persons.

How to obtain Admission in Forma Pauperis.

A Person that has just right, but not an able purse, must in this case get a petition drawn to the Judge of that Court where he intends to begin, set­ting forth the justice of his cause, and his indigency, and praying that he may be admitted, and such an one for his Attorney, or Clerk in Chancery, under which must be an Affidavit that the petitioner is not worth five pounds besides the matter in que­stion.

Choice and approved Presidents. The True forme of a Bond.

Note that some use to name a certain place of payment, as at the said dwelling House of the said William VVest, scituate in Tuddington above men­tioned; but that is for the advantage of the bor­rower, [Page 12] not the lender, for otherwise he is bound at time of payment to find out his creditor where ever he be, and tender the money to him, or he forfeits his bond.

Note also, that if interest be agreed to be paid, you must compute what it comes to, and add it to the sum payable, for otherwise the Law will al­low it only from the time the money becomes due.

If the money be to be paid at several days, then when you come to mention the sum in th [...] condition, say thus; the full and just summ of ten pounds in manner and form following, that is to say, five pounds, part thereof on such a day, & five pounds residue thereof on such a day; or if by weekly or monthly payments, then, twenty shil­lings, part thereof on munday such a day; twenty shillings more thereof on munday such a day and so twenty shillings on every munday, (or every first day of the month, if by the month) till th [...] said summ of ten pounds shall be paid, in full pay­ment and satisfaction of the said summ of ten pounds. And then at last instead of, or else to stan [...] and be, &c. say: But if default shall happen to b [...] made in any, or either of the said payments, then this present obligation to stand or be in full for o [...] and vertue. For otherwise your Bond cannot b [...] sued till after all the money is become due.

But because many through ignorance in Latin know not exactly how to write a Bond, [Page 13] will here shew them the form of a penal Bill, which is as good and sure to all intents and pur­poses.

A Bill Obligatory with a Penalty.

But note, you be sure to have the parties seal as well as hand to all such Bills, for otherwise 'tis no specialty, and if you do not sue for it within six years (not seven, for that's a Vulgar error) he may plead the statute of Limitation to you; for no man is bound to pay book-Debts, Notes of his hand onely, or the like, after that time.

A General Release.

KNow all men by these presents, that I T. W. of C. in the County of E. Gent. Have remi­sed, released, and quite claimed, and by these pre­sents do Remise, Release, and for ever quite claim unto R. C. of D. in the same County, Yeoman, his Heirs, Executors, and Administrators: all and all manner of Actions, Suits, cause and causes of A­ctions and Suits, Bonds, Bills, and all other wri­tings and Accounts, Debts, Dues, and Reckonings, summ and summs of Money, Controversies, Judge­ments, Executions, Statutes Merchant, and of the Staple, Out-lawries, and all other Claims and De­mands whatsoever: which I the said T. W. ever had, now have, or which I, my Heirs, Executors, Administrators, or Assigns, at any time hereafter may, might, or could have, to, with, or against the said R. C. his Heirs, Executors, or Administrators, for, or by reason of any Matter, cause, or thing: [Page 15] from the beginning of the world, until the day of the Date Hereof: In witness whereof, I the said T. W. have hereunto set my Hand and Seal, this tenth day of Feb. in the 29 Year of the Reign of our Soveraign Lord King Charles the Second, &c. Annoq. Dom. 1677.

A Receipt for Rent.

Received this 30th. day of March, 1677. Of John Paywel, the sum of five pounds in full, for one quarters Rent for the Tenement and Farm which he holdeth of me, due at Lady-day last. 5 l. 00 s. 00 d.

The form of a Bond of Arbitration.
The Obligation is like all others, the Con­dition as follows.

THe Condition of this Obligation is such that if the above bound Bridget Horner, her Heirs, Executors, and Administrators, do, and shall, from time to time, and at all times hereaf­ter for her and their parts, well and truly stand to bide, obey, observe, perform, fulfill, and keep [Page 16] all and every the Award, Arbitrament, order, rule, judgement, and final determination of Iohn Bo [...]d of Peterfield in the County of Southamp­ton, Gent. & Richard Taylor of London, Gent. Ar­bitrators indifferently named, elected, and cho­sen, as well on the part and behalf of the said B. H. as on the part and behalf of the above-named Thomas Dipnal; to arbitrate, award, order, rule, judge of, and finally to determine of, for, upon, and concerning all and all manner of Real and Personal Actions, and Suits, Cause and causes of such actions and suits, bonds, bills, reckon­ings, and accompts; debts, dues, trespasses; con­troversies, judg [...]ments, executions, and all other claims and demands w [...]atsoever; had, made, mo­ved, stirred up, or in any wise depending between the said parties, for, or by reason of any matter, cause, or thing wha soever, from the beginning of the world until the day of the date above writ­ten; so as the said Awa [...]d and determination of the said Arbitrators, in, of, and upon the premi­ses be made and ready to be given up in writing under their hands and seals, to the said parties or either of them demanding the same, on, or be­fore the second day of June next ensuing the date above written; Then this present obligation to be void and of no effect or else to stand, remain, and be in full force and vertue: Sealed, &c.

The form of an Indenture of an Apprentice.

This Indenture witnesseth, That Henry Napp, Son of Joseph Napp, late of Guilford in the County of Surry Clothier, hath put himself and by these presents doth voluntarily put himself Ap­prentice to William Prigg of Kingston upon Thames in the County aforesaid Butch [...]r; to learn his Art, after the manner of an Apprentice to serve him [...]rom the day of the date hereof, for, and during the Term of seven years thence next fol­lowing: During all which Term the said Appren­tice his said Master faithfully shall serve, his sec [...]ets [...]eep his lawfu [...] commandments every where obey. He shall do no dammage to his said master, nor see to be done of others, without let­ting or giving notice thereof to his said master: he shall not waste his said masters goods nor lend them unlawfully to any: he shall not commit for­nication, nor contract matrimony within the said Term: At Cards, Dice, or any unlawful Game he shall not play, whereby his master may have damage, with his own goods or others: He shall not absent himself day nor night from his masters service without his leave; nor haunt Ale-houses, Taverns, or Play-houses; but in all things behave himself as a faithful Apprentice ought to do, du­ring all the said Term. And the said master shall [Page 18] use the utmost of his endeavour, to teach, or cause to be taught or instructed his said Apprentice in the Trade or mystery that he now followeth: and to find and provide for him sufficient meat, drink, apparel, lodging, and washing befitting an Ap­prentice during all the said Term. And for the true performance of all and every the said Cove­nants and Agreements, either of the said parties bind themselves unto the other by these presents. In witness whereof, they have interchangeably set their hands this 10th. day of April, &c.

A Bill of Sale for any Goods.

KNow all men by these presents, that I T. Downes of &c. for, and in consideration of the sum of &c. to me in hand paid by W. Harris of &c. at and before the sealing hereof, have bar­gained and sold, and by these presents do bargain and fell fully, clearly, and absolutely unto the said VV. H. in plain and open market, the Goods and Chattels following, viz. One Feather-bed, Two Dozen of Turkey-work-Chairs, &c. (As the case is) to have and to hold the same Feather-bed, &c. to the said W. H. his Executors, and Assign [...]; to [Page 19] his and their own proper use, and uses, for ever: And I the said T. D. my Executors, and Admini­strators, and every of us, the said Feather-bed, &c. unto the said VV. H. his Executors, and Ad­ministrators, against [...]ll people shall a [...]d will for ever acquit and defend by these presents, Provided always; That I the said T. D. my Executors or Administrators, or any of us, do well and truly pay unto the said VV. H. his Executors, or Admi­nistrators, the fall summ of 8 l. on the 24th. of June next ensuing the date hereof, without fraud or covin: then this present Bill of Sale, and the bar­gain and Sale of the said Feather-bed, &c. shall be utterly void and of none effect: or else to stand and be in full force and vertue.

Sealed and delivered, together with the said goods above mentioned, in the presence of [...]

The form of a Letter of Attorney.

KNow all men by these presents, That I Sa­muel Knight of &c. Marriner, have named and constituted, and by these presents do name, ordain, appoint, and make my trusty Friend John Soker of London, Merchant, my true and lawful Attorney, for me, and in my name, and to my use (Or if so intended—But to his own proper use, without rendring any account) to demand, sue for, recover, and receive of Richard Johnson of Shrewsbury, the summ of twenty pounds justly to me due and owing by and from the said Richard Johnson: Giving, and hereby granting unto my said Attorney, my full power and authority, to use and execute all such acts, things, and devises in the Law, as shall be necessary for Recovery of the said debt: and Acquittances or other dischar­ges in my name to make and give, and generally to do and execute in the premises, as fully as I my [...]elf might or could do, being personally present: [...]atifying confirming and allowing, all and what­ [...]oever my said Attorney shall lawfully do or [...]au [...]e to be done therein by these presents. In wit­ [...]ess whereof I hereunto set my hand and seal this [...]th. day, &c.

The form of a Will.

IN the Name of God: Amen. I Simon Sud­bery of &c. Being sick of body, but in sound and disposing memory, praise be given to God for the same; do make this my Last Will and Testament in manner and form following: that is to say: first and principally I resign my Soul into the merci­ful hands of Almighty God my Creator, assured­ly hoping through the merits of my blessed Sa­viour, to obtain Remission of all my sins: and my Body I commit to the earth whence it was taken, to be decently buried by the discretion of my Executrix herein after named: and as for the worldly goods and estate the Lord hath lent me, I dispose thereof as follows. Imprimis, I give and bequeath to my daughter Mary Sudbery, all those my Lands and Tenements at Bocking: To have and to hold to her and her heirs for ever. Item, I give and bequeath to my Couzin N. [...]. the Summ of Fifty pounds, to be paid within six months afte [...] my decease: (And so name your several Legacies, and then conclude thus:) and all the rest and residue of my Estate, Goods, and Chattels, not herein before bequeathed, af­ter my Debts and Funeral Expences discharged [Page 22] I do give and bequeath unto my dear and loving Wife Dorothy Sudbery, whom I do make sole Ex­ecutrix of this my last VVill and Testament: Re­voking all other VVills by me heretofore made. In witness whereof I have hereunto set my Hand and Seal, this 26th. day of &c.

Signed, sealed, and Published, in the presence of [...]