Of the Common-pleas .

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

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

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

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

Michaelmas Term . 28th. of K. C. 2. Doe against Roe . For the Kings Fine 0 10 0 For the Original Post diem and Entry 0 02 0   For the Capias Seal & Post diem 0 02 3 Hillaryfollowing. For the Alias Capias and Post diem 0 01 11 For Attorneys Fee 0 03 04 Easter following . For the pluries Capias seal & post diem 0 01 1 For the Warrant of Attorney 0 00 04 For the Exigent & seal 0 02 02 For retorn thereof 0 01 00 For the Attorney's Fee 0 03 04

In all 01 08 03

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

Of Fines and Recoveries .

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

ThechargesofaFine. For drawing the concord 0 3 4 My Lords Fee 0 9 8 Ingrossing the concord 0 2 0 Writt of covenant 0 3 0 Retorn thereof and post Diem 0 2 4 For the Fine ( according to the value of the premises , 0 0 0 To the Receiver 0 0 6 Entry and Indorsement 0 2 0 Hand 0 0 4 Warrant 0 0 8 To the Custos Brevium 0 3 8 Clark of the Kings Silver 0 1 4 To the Chirographer 0 6 8 For ingrosing the Fine 0 3 0 Attorneys fee 0 6 8 In all ( besides the fine to the King ] 2 5 2

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

Of the Court of Kings-Bench .

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

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

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

The high Court of Chancery .

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

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

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

FeesinChancery. For all copies of Bills , & answers , every sheet conteyning 15 lines . 0 00 9 For an Attachment 0 03 4 For breaking it up with the Sheriff , and his Warrant 0 02 4 For a Commission of Rebellion 0 18 8 For swearing every Affidavit 0 01 0 For drawing up of an Order upon a motion to the Register , for the first side 0 03 0 For every other side 0 01 6 Entring the same , every side 0 00 6 For a Decretal Order , the Fees are the same , only for the word Decree you pay more 0 18 6 For fileing every Affidavit or report 0 0 8 For the solliciters termly fee . 0 6 8

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

Of the Court of Exchequer .

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

The Marshalses .

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

How to sue Attorneys , &c.

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

How to obtain Admission in Forma Pauperis .

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

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

NOverint universi per presentes me ( or if two or more be bound , Nos ) Henricum Bostocke de Tingery in Comitatu Bedford , Yeoman , Teneri & firmiter obligari Willielmo West de Tuddington , in Comitatu praedicto Generoso : In Viginti Libris bonae & legalis monetae Angliae , solvend . eidem Wil . West , aut suo certo Attornato , Executoribus , Administratoribus , vel Assignatis suis : Ad quam quidem solutionem bene & fideliter faciendum obligo me ( or if two or more , Nos & utrumque , or , quemlibet nostrum ) Haeredes Executores & Administratores meos ( or if two or more Nostros , & utriusque , or , cujuslibet nostrum perse pro tote & in solido ) firmiter per presentes , sig●llo meo ( or if more , Nostris ) sigillat . Dat . Quarto die Aprilis Anno Regni Domini nostri Caroli secundi , Dei Gratia nunc Regis Angliae , &c. Vicesimo Non● Annoque Dom . 1677.

The condition of this Obligation is such , that if the above bound Henry Bostocke , his ( or if more than one bound , their ) Heirs , Executors , or Administrators , ( if more , add , or any of them ) do and shall well and truly pay , or cause to be paid unto the above-named William West , or to his certain Attorney , Executors , Administrators or Assigns , the full & just sum of ten pounds of lawful money of England , on , or before the four and twentieth day of June , next ensuing the day of the Date above written , without fraud or further delay , then this present Obligation to be void , and of none effect , or else to stand and be in full force and vertue .

Sealed and Delivered in the presence of 〈◇〉

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

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

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

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

A Bill Obligatory with a Penalty .

KNow all Men by these presents , that I T. B. of C. in the County of D. Gent . do owe and am justly indebted unto E. F. of G. in the County of H. Yeoman ; the full summ of ten pounds of lawful money of England ; to be paid unto the said E. F. or to his certain Attorney , Executors , Administrators , or Assigns , on or before the 29th . day of September next ensuing the date hereof ; to which payment well and truely to be made and done , I bind my self , my Heirs , Executors , and Administrators , in the full summ of twenty pounds of like lawful money of England firmly by these presents , sealed with my seal . Dated the 3d . day of April in the 29th . Year of the Raign of our Soveraign Lord King CHARLES the Second , Annoq . Dom . 1677.

Sealed and delivered in the presence of 〈◇〉

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

A General Release .

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

A Receipt for Rent .

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

I say Received by me , Tho . Truelove .

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

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

The form of an Indenture of an Apprentice .

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

A Bill of Sale for any Goods .

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

Sealed and delivered , together with the said goods above mentioned , in the presence of 〈◇〉

The form of a Letter of Attorney .

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

The form of a Will .

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

Signed , sealed , and Published , in the presence of 〈◇〉