The attourneys academy, or, The manner and forme of proceeding practically vpon any suite, plaint or action whatsoever, in any court of record whatsoever, within this kingdome : especially in the great courts at Westminster, to whose motion all other court of law or equitie ... are diurnally mooued : with the moderne and most vsuall fees of the officers and ministers of such courts / publisht by his Maiesties speciall priuiledge ... [by] Tho. Povvell.

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: POWELL 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 . 'T is 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 POWELL .

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

T. N. In Commendation of this Worke : T Is good , 'T is 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 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 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 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. POWELL .

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 .

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 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 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 .

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 Writings 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 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 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 , 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 matter in the sayd Bill layd to his charge , which hee cannot cleare without fight of Euidences , Writings , 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 Wiues Offence .

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. Wife 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 Wife , for matter which wholly concerneth the Wife : Whereunto they make Answere , and after answere made , the man dyeth , The Complaynant cannot proceede in that suite against the Woman , 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 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 .

Where ( 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 Wife .

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 , 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 .

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 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 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 seuen-night .

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 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 :

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 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 Witnesses 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 Witnesses examined within the time limited for their examination .

In which case , sometimes , the Court giueth order to examine Witnesses 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 Witnesses , 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 , 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 Wife , 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 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 and 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 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 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 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 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 :

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 Witnesses , 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 , 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 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 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 .

WHere 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 .

No Order of the publike court is alterable vpon Petition : vide in the Title Petition .

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 .

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 eyther 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 .

Where note , that by the word Mis-casting , is not intended any pretended Mis-casting , or mis-valuing , 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 .

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 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 .

Where 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 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 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 .

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 .

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 Wills 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 make mariages , Or for bargaine at play ; o●… Wagers 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 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 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 , 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 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 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 , shal be 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 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 Writs 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 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 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 .

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 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 .

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 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 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 ; 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 , 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 it hath 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 . Which when they haue exactly examined with the former so by them reformed , They subscribe the same , and send them sealed 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 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 Writs of Scire facias : The one of a Returne 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.

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 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 ; Whereupon 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 Writ of Certiorare , which you should vse in this manner , ( viz ) When 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 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 Writ of Supplicauit , or the like writ .

FOr that it cannot bee knowne but by search and expence to the partie against whome the Writ for Peace or good Behauiour is sued foorth , In what Court the same is so sued , 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 , 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 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 Writs 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 .

With Statutes and Recognizances taken in this Court :

Or transmitted hither .

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 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 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 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 . 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 , Cuiusque 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 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 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 Cock-boat , 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 Westminster .

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 :

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 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 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 Writ , 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 the Prothouotaries Remembrance , and also must know where the Plaintiffes Attourney will haue the Obligation to be layd for the Reinde .

When 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 : 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 Writ 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 .

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 .

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 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 .

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 .

When 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 Warrant of Attourney , if it bee not in before at the Exigent , in manner ( as aforesayd )

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

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 Warrant , 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 Writ 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 the same sued , then the Plaintiffes attourney may haue a Hab. Corp. theruppon to be made by the Clerke of the Iuries , 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 Writs 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 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 Writ , or sue the Sheriffe for the Escape , and recouer his Debt and Charges against him : Otherwise hee may haue his Capias and Exigent , 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 Writ 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 Writ 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 Writ 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 terminum , & Eiectione firme , and this was giuen by a late statute

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 Writs are deliuered to the Sheriff to summon 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 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 Writ fylled , and to enter a Recipitur , as in a Writ 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 ; Then are the Executors or Administrators of the Plaintiffe to sue out a Writ 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 Writ 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 Writ of Errour .

When 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 Writ 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 Writ 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 Writs of Scire fac . to be deliuered to the Sheriffe of Midd. and to giue you warning to assigne the Errours , 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 Writ mis-returned : Or any Writ 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 Record of the Terme where the Exigent is entred , as the bundle of Writs 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 to the Sheriffe ; Whereuppon 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 Witnesses 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 .

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 Demandant 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 .

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

What 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 . 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 vpon 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. 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 ; 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 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 .

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 , 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 .

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 Writ 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 Writ , 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 Writ 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 .

The effect and condition of the said Recognizance is , that those Lands specified in the Writ , 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 Writ 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 Writ 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 Writ of Entry to the Cerke of the 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 Writ 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 Writ 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 Writ .

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

At the vpper end of the Writ , 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 shal be made .

Then you must carry the Writ 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 Writ 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 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 Mr. 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 shal be 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 confute 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 .

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 , and 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 .

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 . 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 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 case of Wager of Law , with twelue such Compurgators as occasion shall require ; for with a lesse number you cannot wage your Law , &c.

When the Defendant hath his said full number of twelue : then his Attourney is to get the Prothonotarie to take his Wager 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 Wager of Law shall lye therein .

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

As ,

In Formedowne ; or , Formedon , 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 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 Writ 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 Writ 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 Writ de non . Molestand . hee must returne them againe .

And if the defendant doe bring his said Writ 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 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 Writ 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 Waste 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 Writ 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 . l. s. d. Item , for all Originall Writs , 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 Common 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 l. s. d. Item , the Attournies Fee . 0 3 4 Item , the Plur , Cap. and Seale . 0 1 1 Item , the Warant 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 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 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 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 Writ 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 Writ . 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 Writs , 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 Writ , 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 Writs 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 l. s. d. Item , a Bill of Baile thereupon : 0 0 4 Item , for writing , examination , 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 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 them , 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 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 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 alienation office 0 0 4 To the Doctor or him that doth atend for the composition . 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 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 . 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 .

Valewof 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 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 Writ 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 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 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 Writ , and knowledging of the same . 0 0 6 The Returne of the Writ 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. ) 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 .

WRits 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 .

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 footmanship 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 communicate 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 .

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 , Mr. 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 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 .

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 Common-pleas . 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 Common-pleas 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 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 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 Westminster , 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 Westminster .

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 .

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 STARRE-CHAMBER :

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 appearance , he is to pay . 0. 2 0 Besides the Attourneys Fee , which seruas also for the whole Terme . 0 3 4 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 Warrant for the Attachment , 0 2 4 Also for the Writ 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 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 Writ 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 Warrant inde , 0 3 4 Writ , 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 Commission of Rebelion , directed to sixe such Commissioners as himselfe shal please to name , for the apprehension of the Defendant , &c.

l. s. d. Fee for the Warrant inde , 0 3 4 Writ 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

Where 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 Warrant 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 Warrant to lead the Writ whereby to demande it . 0 2 0 For the Writ and Seale . 0 2 6

If vpon seruing of the sayd Writ for Costs , and Affedauit made on that behalfe , the costs bee not payde by the Plaintiffe , the defendant 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 .

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 . )

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 .

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 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 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 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 ( 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 .

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 Commission : 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 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

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 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 : 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 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 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 . 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 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 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 . 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 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 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 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 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 vtraque 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 vtraque parte , si dies dat . sit vtrique 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 . 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 WARDS .

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 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 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 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 Commission .

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 , 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 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 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 .

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 : 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 , 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 .

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 , 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.

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 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 ; Quantum de al●…isque tenebat ; Per quae seruitia tenuit ; Quantumque valebant Terrae : Quoque die fatis concessit , E●… haeres Quisnam proximior ; Cuiusque 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 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 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. 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 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 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 . How that Commission 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 Commission to examine Witnesses . fol. eod . 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 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 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 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 , 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 . 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 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 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 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 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 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. 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 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 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 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. 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 Petty-bagge 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 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 . 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 COMMON-PLEAS 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 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 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 . 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 . 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 . 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 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 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 . 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. 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 . 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 Paper-booke 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 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. 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 Mr. 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 Mr. 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 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 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 . 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 STARRE-CHAMBER . 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. 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 . 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 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. 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 . 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 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.

NOW

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 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 tuque Domusque . T. P.