Concerning
Attornies
and
Officers
.
THat
all
Officers
,
and
Attornies
of
the
Court
,
be
admitted
of
some
Innes
of
Court
,
or
Chancerie
,
by
the
beginning
of
Hillarie
terme
Next
,
or
in
the
same
Terme
wherein
they
are
admitted
Officers
or
Attornies
;
and
bee
in
Commons
one
week
in
every
Terme
,
and
take
Chambers
there
,
or
in
case
that
cannot
be
conveniently
,
yet
to
take
chambers
,
or
dwellings
in
some
convenient
place
,
and
leave
notice
with
the
Butler
where
their
chambers
or
habitations
are
;
under
pain
of
being
put
out
of
the
Roll
of
Attornies
.
2.
That
all
Officers
,
and
Attornies
of
this
Court
,
appear
in
person
in
this
Court
,
upon
,
or
before
the
fourteenth
day
of
Michaelmas
Terme
,
and
upon
or
before
the
seventh
day
of
every
other
Terme
,
upon
pain
of
ten
shillings
for
the
first
default
,
twenty
shillings
for
the
second
default
,
and
putting
out
of
the
Roll
for
the
third
default
.
The
appearance
to
be
entered
with
the
Clerk
of
the
warrants
,
and
the
defaulters
to
be
delivered
to
the
Court
upon
oath
(
if
required
)
within
three
days
after
the
time
required
for
appearance
.
3.
That
every
Sheriff
have
his
Deputy
in
Court
to
returne
and
receive
Writs
,
and
that
each
Deputy
yearly
before
Hillarie
Terme
have
his
name
and
the
place
of
his
residence
in
Londo
or
Westminster
,
set
&
continued
up
in
tables
in
the
office
of
Clerk
of
the
warrants
.
4.
That
the
Clerks
of
Assize
their
Deputies
or
Assistants
do
personally
appear
with
their
Posteas
on
the
first
day
of
Easter
,
and
Michaelmas
Terme
;
and
the
Deputy
Sheriffs
,
and
all
other
Officers
of
the
Court
do
personally
appear
by
the
Essoyn
day
of
every
second
return
of
every
Term
;
And
continue
there
during
the
residue
of
the
Term
without
some
just
cause
to
the
contrary
allowed
by
the
Court
.
5.
That
for
the
future
Common
Solicitors
be
not
admitted
to
practice
in
this
Court
unlesse
they
are
admitted
Attornies
of
either
Bench
;
provided
that
it
extend
not
to
the
managing
of
evidence
at
a
tryal
,
nor
to
Private
Sollicitors
,
or
servants
of
Corporations
,
or
other
persons
in
the
cases
of
their
Masters
.
6.
That
none
be
admitted
an
Attorny
of
this
Court
for
the
time
to
come
,
unless
he
hath
practised
as
a
Common
Sollicitor
in
this
Court
by
the
space
of
five
years
now
last
past
;
or
hath
served
,
or
shall
have
served
by
the
space
of
five
years
as
a
Clerk
to
some
Judge
,
Sergeant
at
Law
,
practising
Councellour
,
Attorny
,
Clark
or
Officer
of
one
of
the
Courts
at
Westminster
,
unlesse
his
Master
dye
or
give
over
his
practice
,
and
be
also
upon
examination
found
of
good
ability
and
honesty
for
such
employment
;
and
that
sufficient
proof
(
to
be
put
into
writing
)
be
made
of
such
service
to
the
Prothonotary
upon
a
desire
of
Admittance
,
and
filed
with
the
Clerk
of
the
warrants
without
Fee
.
7.
That
no
person
practise
in
anothers
name
,
nor
that
any
Attorny
knowingly
permit
another
to
practise
in
his
name
,
upon
pain
of
being
put
out
of
the
Roll
,
excepting
in
warrants
of
Attorny
for
common
recoverys
.
8.
That
Attornies
dismissed
by
one
Court
from
their
practice
for
misdemeanour
,
be
not
(
after
certificate
)
admitted
to
practise
in
another
Court
,
It
being
contrary
to
the
intent
of
the
Law
.
9.
That
no
under
Sheriff
or
Bayliff
of
Sheriffs
or
Liberties
be
admitted
during
such
their
employment
to
practise
as
Attornies
,
under
pain
of
expulsion
from
the
employment
of
an
Attorney
,
and
not
to
be
readmitted
.
10.
That
such
Attornies
as
have
not
been
attending
their
imployment
in
this
Court
by
the
space
of
one
year
last
past
,
unlesse
hindered
by
sicknesse
,
bee
not
allowed
their
priviledge
of
Attornies
.
11.
That
for
the
prevention
of
maintenance
and
broccage
,
no
Attorney
bee
Lessee
in
an
ejectment
,
nor
bayle
for
a
defendant
in
this
Court
in
any
Action
.
That
a
settled
course
of
practice
and
proceedings
bee
settled
,
especially
in
those
cases
where
there
hath
been
uncertainty
and
that
the
inconveniences
in
processe
,
proceedings
,
and
pleadings
may
bee
regulated
unto
a
due
course
.
In
Order
whereunto
these
several
things
are
Ordered
and
directed
according
to
the
method
of
Proceedings
.
1.
Concerning
the
Entring
of
Records
and
the
persons
by
whom
.
THat
no
Rolls
be
delivered
to
be
entered
,
but
only
to
Clerks
,
or
such
Atturnies
as
have
entred
for
the
space
of
four
years
last
past
,
for
themselves
.
That
a
table
be
set
up
of
the
Names
of
the
Officers
and
Clerks
that
are
to
be
admitted
unto
the
Rolls
of
the
Treasury
:
and
that
such
and
no
others
be
admitted
thereunto
,
and
that
they
may
resort
there
as
well
for
their
Occasions
,
as
for
their
Learning
&
Instruction
,
during
the
Term
,
and
also
twice
in
every
week
from
a
month
after
the
Terme
,
and
that
every
such
Clerk
duly
attend
as
well
the
prothonotaries
Office
in
the
Terme
time
as
for
the
Entring
of
Judgements
upon
Summons
given
by
the
prthonoters
respectively
.
For
the
prevention
of
the
unundue
issuig
of
Judicial
writs
,
and
falsifying
of
Records
.
It
is
Ordered
,
That
all
Executions
,
and
all
other
Writs
Issuing
out
of
the
prothonotaries
offices
be
duly
signed
by
the
respective
prothonotaries
before
the
same
be
sealed
,
and
that
no
Exemplification
of
any
common
Recovery
or
other
Record
which
ought
to
be
examined
and
signed
by
the
prothonotary
,
be
sealed
before
the
same
have
been
signed
by
the
Prothonotary
.
Nor
that
any
exemplification
(
excepting
exemplifications
of
Fines
and
common
Recoveries
of
the
present
or
next
precedent
Term
)
be
sealed
before
they
be
first
signed
and
examined
by
the
Clerk
of
the
Treasury
.
And
because
the
intermedling
and
dealing
of
Clerks
in
more
then
one
prothonotaries
Office
at
one
time
,
hath
been
an
occasion
of
disorder
and
uncertainty
in
proceedings
;
It
is
likewise
Ordered
,
that
every
prothonotaries
Clerk
do
apply
himself
from
henceforth
to
one
prothonotaries
office
only
,
and
do
give
his
attendance
and
make
his
Entries
in
that
prothonotaries
Office
.
2.
Concerning
Rolls
and
Records
,
and
their
Entries
&
Bringing
in
.
That
the
whole
proceeding
of
any
Cause
after
Appearance
be
carried
on
in
the
Office
of
that
prothonotary
where
it
was
first
entered
or
declaration
delivered
.
That
no
Rolls
be
carried
into
the
Country
,
under
pain
that
the
offender
be
excluded
from
Entring
any
more
Rolls
afterwards
as
a
Clerk
.
That
the
Common
Rolls
of
every
Term
,
except
Easter
,
be
brought
in
to
the
prothonotary
fairly
entred
,
&
docketted
at
least
ten
days
before
the
Essoigne
day
of
the
succeeding
Terme
,
under
pain
of
ten
shillings
for
every
Roll
wanting
.
And
that
no
Rolls
be
delivered
to
such
person
after
any
such
offence
the
second
time
,
without
special
Order
.
That
the
respective
Prothonotaries
before
the
third
day
of
the
then
next
Terme
,
do
give
in
the
Names
of
the
Defaulters
and
Defaults
unto
the
Court
in
writing
.
That
the
Rolls
brought
into
the
Prothonotary
be
delivered
over
to
the
Clerk
of
the
Warrants
the
day
before
the
Essoigne
day
of
the
ensuing
Terme
,
together
with
a
Note
of
the
Rolls
that
are
wanting
,
the
same
Note
to
bee
subscribed
by
the
Clerk
of
the
Warrants
,
and
redelivered
to
the
Prothonotary
.
That
the
Clerk
of
the
Warrants
within
five
dayes
after
Receipt
of
the
Rolls
from
the
Prothonotary
,
to
deliver
over
the
Common
Rolls
to
the
Clerk
of
the
Essoignes
,
taking
the
like
Note
from
the
Clerk
of
the
Essoygnes
of
the
Rolls
wanting
.
●hat
the
Clerk
of
the
Essoignes
bind
up
the
Rolls
;
viz.
the
first
part
before
the
appearance
day
of
the
second
returne
,
the
second
part
before
the
Essoigne
day
of
the
third
Return
,
the
third
part
before
the
Essoign
day
of
the
next
Terme
.
That
the
Rolls
of
Easter
Terme
be
brought
to
the
Prothonotary
on
or
before
the
first
day
of
Trinity
Terme
,
Delivered
to
the
Clerk
of
the
Warrants
within
six
days
,
to
the
Clerk
of
the
Essoign
within
five
days
after
,
to
be
bound
up
before
the
Essoigne
day
of
Michaelmas
Terme
,
each
party
subscribing
the
like
Notes
,
and
the
penalties
the
same
as
before
.
Concerning
Original
Suits
and
processe
,
where
laid
.
That
Actions
upon
the
case
,
trespasse
,
for
goods
,
assault
or
Imprisonment
arising
in
any
English
County
bee
,
laid
in
their
proper
Counties
,
unlesse
they
arise
where
Justices
of
Nisi
prius
seldome
come
.
And
because
trespasse
,
or
trover
,
for
goods
,
Battery
,
Imprisonment
,
and
slander
must
needs
bee
notorious
in
what
County
they
arise
;
the
Attorney
knowingly
laying
them
out
of
the
proper
County
(
unlesse
in
the
Cases
before
expressed
,
or
for
such
other
causes
as
shall
bee
allowed
by
a
Judge
of
the
Court
,
and
duly
made
appear
to
be
true
)
be
severely
punished
.
That
although
the
declaration
be
delivered
seven
days
before
the
last
day
of
the
next
precedent
Terme
,
or
after
,
yet
before
plea
upon
Oath
made
,
the
Visne
may
be
changed
upon
motion
,
in
the
said
transitory
actions
,
the
next
Terme
after
:
And
the
Defendant
to
plead
to
the
new
Action
as
he
should
have
done
in
the
other
,
without
delay
.
That
the
Visne
may
be
changed
,
(
upon
Oath
)
as
before
,
though
the
Defendant
come
in
by
Exigent
.
Concerning
Processe
,
and
serving
thereof
.
That
according
to
the
provision
of
the
statute
of
the
one
and
thirtith
year
of
Queen
Elizabeth
,
All
Attornies
that
sue
out
processe
of
Exigent
be
carefull
that
writs
of
Proclamation
be
delivered
,
and
the
Sheriff
do
take
care
duly
to
execute
the
same
.
That
according
to
the
statute
of
the
twenty
third
year
of
Henry
the
sixth
,
a
prisoner
taken
upon
a
Capias
in
process
,
be
not
discharged
till
hee
hath
given
bond
to
appear
,
unless
the
plaintiff
or
his
Attorny
shall
consent
to
take
an
appearance
without
Baile
.
And
in
such
case
the
warrant
of
Attorny
to
appear
,
to
be
subscribed
or
accepted
by
the
Defendants
Attorny
,
&
such
warrant
not
to
be
revoked
,
and
an
Attachment
to
be
granted
against
the
Bayliff
offending
herein
,
or
against
the
Attorney
refusing
to
appear
or
procure
an
appearance
,
having
so
Subscribed
or
Accepted
.
And
forasmuch
as
divers
Sheriffs
,
Bayliffs
of
Liberties
,
and
their
Bayliffs
respectively
have
of
late
time
contrary
to
law
,
and
against
former
Orders
of
this
Court
,
discharged
persons
taken
upon
Outlaries
without
Supersedias
;
It
is
hereby
Declared
,
that
such
dealing
is
an
abuse
;
and
that
all
such
who
have
or
shall
discharge
such
persons
without
Supersedias
,
shall
be
severely
punished
.
And
that
no
Sheriff
,
under-Sheriff
,
their
Deputies
or
Bayliffs
,
may
from
henceforth
discharge
or
set
at
Liberty
any
person
or
persons
arrested
upon
any
Capias
utlagat
untill
he
receive
a
Supersedias
according
to
Law
from
the
Officer
or
Officers
thereunto
appointed
.
Concerning
a
Habeas
Corpus
to
Sheriffs
and
Goalers
.
That
a
Habeas
Corpus
cum
Causa
ad
faciendum
&
recipiendum
,
directed
to
any
Sheriff
(
other
then
London
and
Middlesex
)
not
to
be
returneable
immediat
è
,
or
in
the
vacation
time
,
but
at
a
day
certain
in
Court
in
the
Terme
.
That
such
Habeas
Corpus
to
the
Sherriff
of
London
or
Middlesex
may
bee
granted
in
Terme
or
vacation
time
returnable
Immediatè
.
That
in
case
of
Habeas
Corpus
returnable
immediatè
,
the
Sheriff
ought
to
make
his
return
the
same
day
that
the
writ
is
delivered
,
and
to
bring
the
Body
imediately
,
as
is
required
by
the
writ
,
without
permitting
him
to
wander
abroad
by
colour
or
pretence
thereof
.
That
where
a
writ
of
Habeas
Corpus
is
directed
to
a
Sheriff
,
Warden
of
the
Fleet
,
Marshal
or
Goaler
,
the
prisoner
is
to
be
brought
in
custody
according
to
the
writ
at
the
day
limited
,
without
being
permitted
to
wander
abroad
in
the
mean
time
,
upon
pretence
of
such
writ
.
That
a
Habeas
Corpus
ad
respondendum
may
be
granted
to
the
Warden
of
the
Fleet
,
or
to
the
keeper
of
an
inferour
prison
of
a
liberty
or
franchize
,
where
a
Capias
is
returned
in
Court
,
Non
est
inventus
;
such
writ
to
recite
shortly
the
Capias
,
and
to
be
returnable
at
a
day
certain
in
Court
,
and
to
be
a
good
cause
of
Deteiner
,
as
well
as
where
a
Capias
ad
respondendum
comes
to
a
Sheriff
.
That
a
Habeas
Corpus
ad
satisfaciendum
may
be
Granted
to
the
Warden
of
the
Fleet
,
or
to
such
inferiour
Goaler
returnable
in
Court
at
a
day
certain
,
and
the
Number
Roll
of
the
Judgment
to
be
endorsed
upon
the
writ
by
the
Attorny
who
sues
it
out
;
and
such
writs
to
be
a
Cause
of
deteiner
.
That
if
upon
a
Habeas
Corpus
the
prisoner
be
returned
charged
with
processe
out
of
the
upper
Bench
or
Exchequer
,
and
out
of
the
Common
Pleas
,
the
Prisoner
may
be
committed
with
those
Causes
.
That
if
upon
a
Habeas
Corpus
cum
Causa
the
prisoner
be
returned
charged
with
a
processe
out
of
the
Common
Bench
,
though
returnable
at
a
day
to
come
,
the
prisoner
may
bee
committed
with
his
Cause
.
That
if
upon
a
Habeas
Corpus
,
or
Cepi
Corpus
,
the
party
be
returned
in
custody
and
Baylable
,
and
special
Baile
requirable
,
the
Baile
not
to
be
taken
absolutely
without
consent
of
the
plaintiff
or
his
Attorney
,
and
if
taken
de
bene
esse
,
the
prisoner
not
to
be
discharged
till
the
Baile
be
assented
unto
,
or
the
plaintiff
over-ruled
in
Court
to
accept
the
same
upon
Examination
.
That
upon
every
Commitment
by
a
Judge
out
of
Court
,
the
prosecutor
of
the
Habeas
Corpus
is
to
have
one
of
the
prothonotaries
Clerks
present
at
the
turning
over
of
the
prisoner
,
that
the
Commitment
may
be
duly
entred
and
filed
.
Concerning
Habeas
Corpus
to
Inferiour
Courts
and
Procedendo
.
That
Writs
of
Habeas
Corpus
,
directed
to
the
inferiour
Courts
of
London
,
Westminster
,
Southwark
,
and
other
Courts
within
five
miles
of
London
,
may
be
returnable
immediatè
.
And
if
the
Defendant
intendeth
to
be
bailed
,
then
upon
,
or
within
four
daies
after
allowance
of
the
Writ
Notice
,
is
to
be
given
in
writing
of
the
Names
and
addition
of
the
Bail
,
the
time
when
,
and
the
Judge
before
whom
the
same
is
intended
to
be
put
in
,
to
the
Plaintiff
or
his
Attorny
,
or
him
that
caused
the
plaint
to
be
entered
;
or
if
none
can
be
found
,
then
notice
of
the
Premisses
to
be
left
in
writing
with
the
chief
Clark
of
the
inferiour
Court
,
or
his
Deputy
by
the
party
that
tenders
the
Baile
,
or
his
Attorney
,
and
Oath
made
thereof
;
otherwise
the
Baile
not
to
be
taken
.
And
a
procedendo
granted
if
desired
,
before
Baile
accepted
.
That
if
no
Baile
in
such
cases
be
put
in
within
eight
days
after
the
Habeas
Corpus
allowed
,
in
those
Courts
when
it
is
returnable
immediat
a
procedendo
may
be
granted
by
any
Judge
of
this
Court
,
if
desired
before
Baile
taken
.
And
if
Baile
be
taken
in
the
absence
of
the
plaintiff
or
his
Attorney
,
the
same
is
to
be
taken
de
bene
esse
,
and
if
no
exception
be
taken
within
twenty
days
after
notice
given
to
the
plaintiff
or
his
Attorney
of
the
names
of
the
Baile
,
and
before
whom
taken
,
then
upon
Oath
made
of
such
notice
,
the
Bail
to
be
delivered
out
to
be
filed
.
That
if
Baile
upon
a
Habeas
Corpus
bee
taken
before
a
Judge
at
his
chamber
,
and
not
assented
unto
,
if
not
filed
within
foure
days
after
the
twenty
days
,
a
procedendo
may
be
granted
upon
certificate
that
it
is
not
filed
.
That
in
Terme
time
the
plaintiff
in
the
inferiour
Court
may
speed
the
defendant
to
put
in
,
or
to
file
his
Baile
by
rules
given
in
the
Bill
of
Pleas
;
and
if
not
filed
according
to
rules
,
upon
certificate
thereof
,
a
procedendo
to
be
granted
.
That
all
writs
of
Habeas
Corpus
returnable
in
Court
,
be
returnable
at
aday
certain
.
That
upon
Baile
taken
of
a
person
in
custody
,
the
Judges
Clerk
to
deliver
the
Baile
to
the
prothonotary
,
to
be
filed
,
if
assented
unto
;
and
to
that
end
the
prothonotaries
Fees
to
be
deposited
,
but
the
prisoner
not
to
be
discharged
,
untill
the
Baile
be
assented
unto
,
or
over-ruled
in
open
Court
.
Concerning
special
Baile
.
That
if
the
defendant
appear
upon
the
summons
,
Attachment
,
or
distresse
or
by
Supersedias
quia
improvidè
,
or
doth
truly
render
himself
upon
the
exigent
,
no
baile
is
requireable
.
That
in
all
causes
of
removall
,
be
it
by
Habeas
Corpus
,
Priviledge
,
or
Certiorari
,
special
bayle
ought
to
be
given
.
That
in
causes
where
the
Defendant
comes
in
by
Cepi
corpus
,
be
it
debt
,
detinue
,
trespass
,
for
goods
,
Action
upon
the
case
(
except
slander
)
if
the
debt
or
dammages
amount
to
twenty
pound
,
special
baile
is
to
be
given
,
except
it
be
against
an
Heyr
,
Executor
,
or
Administrator
.
That
in
Covenant
because
the
damages
are
uncertain
,
til
declaration
,
Baile
at
discretion
.
That
in
battery
,
conspiracy
,
false
imprisonment
,
no
special
baile
of
course
without
special
motion
and
order
.
That
in
slander
no
special
baile
,
except
in
slander
of
Tytle
,
wherein
to
be
left
to
the
discretion
of
the
Judges
.
That
in
priviledge
,
other
then
for
Fees
and
disbursements
as
an
Attorney
in
this
Court
,
baile
at
discretion
of
the
Court
.
In
such
case
wherein
a
suit
by
a
common
person
,
especial
baile
is
not
requisite
.
That
if
baile
be
given
upon
reversal
of
an
Outlary
,
or
removable
by
Habeas
Corpus
,
the
original
to
be
shown
upon
tendring
of
the
declaration
,
otherwise
the
baile
not
lyable
;
unlesse
the
party
or
his
Attorney
will
voluntarily
appear
,
or
take
a
declaration
,
without
shewing
of
it
.
That
in
case
of
a
removall
out
of
an
inferiour
Court
or
reversal
,
the
new
original
to
agree
in
the
nature
of
the
Action
,
the
summe
in
demand
,
and
the
County
,
otherwise
the
baile
not
lyable
:
but
if
the
party
will
voluntarily
appear
to
such
varying
original
,
to
be
good
as
to
the
party
:
but
if
upon
a
cause
removed
by
Habeas
Corpus
,
out
of
the
Courts
of
Canterbury
,
Southampton
,
Hull
,
Lichfield
,
or
Poole
,
which
are
Counties
where
the
Judges
of
Nisip●rius
seldome
come
,
if
the
Action
bee
transitory
,
it
must
be
laid
in
the
County
of
Kent
,
Southampton
,
York
,
Stafford
,
or
Dorset
,
where
the
Town
and
County
lieth
,
and
the
recognizance
to
be
taken
accordingly
.
That
the
principall
rendring
himselfe
at
any
time
after
baile
put
in
,
and
before
or
upon
the
day
of
appearance
of
the
scire
facias
returned
,
scire
feci
,
or
of
the
second
scire
facias
returned
nihil
,
or
in
case
there
shall
bee
an
Action
of
debt
brought
upon
the
recognizance
against
the
baile
,
then
if
the
principal
shall
render
himselfe
,
upon
or
before
the
processe
returned
served
,
no
further
proceedings
to
be
against
the
baile
.
Concerning
Appearances
,
and
Entries
thereof
.
That
Appearances
be
duly
entred
with
the
Prothonotaries
or
Phillizers
of
this
Court
respectively
,
with
whom
the
same
ought
to
be
entred
:
but
if
special
baile
be
requirable
in
the
case
,
the
plaintiffe
not
to
be
concluded
by
such
appearances
,
if
he
insist
upon
it
.
That
where
an
appearance
is
upon
the
original
writ
,
if
the
defendants
appearance
be
not
entered
of
Record
,
the
defendants
Attorney
to
give
his
hand
to
the
plaintiffs
Attornie
upon
the
delivery
of
the
declaration
,
that
he
appeareth
thereunto
.
That
any
Attorney
of
either
bench
accepting
a
warrant
to
appeare
,
or
subscribing
a
process
,
declaration
,
or
warrant
to
appear
,
be
compelled
to
cause
appearance
,
or
be
liable
to
an
attachment
,
or
put
out
of
the
Rol
,
as
the
case
requires
;
and
the
party
not
to
bee
received
to
countermand
such
appearance
after
his
Reteyner
.
That
no
person
without
Rule
of
Court
,
order
of
the
Judge
or
Prothonotary
;
and
notice
to
the
adverse
partie
or
his
Attorney
,
change
or
shift
his
Attorney
;
and
such
Attorney
newly
coming
in
,
to
take
notice
at
his
peril
of
the
Rules
whereunto
the
former
Attorney
was
lyable
,
had
hee
continued
.
That
a
Reteyner
of
an
Attorney
of
the
Common
pleas
,
by
an
Attorney
of
the
Upper
Bench
,
&
è
Converso
,
be
a
sufficient
excuse
to
the
Attorney
so
reteined
,
acting
according
to
such
reteyner
,
and
the
Attorney
so
retaining
it
without
warrant
from
the
party
,
to
be
subject
to
the
punishment
.
That
if
a
Capias
be
returned
in
Court
non
est
inventus
,
against
a
prisoner
in
the
Fleete
,
he
is
compellable
to
appear
upon
a
Habeas
Corpus
ad
respondendum
,
as
well
at
the
suit
of
a
stranger
,
as
at
his
suite
whereupon
hee
is
imprisoned
,
and
to
answer
to
a
declaration
according
to
the
rule
of
the
Court
,
or
that
●udgement
bee
entered
against
him
.
That
hee
that
reverseth
an
outlary
have
an
Attorney
of
Record
present
,
who
must
undertake
an
appearance
to
a
new
original
.
And
such
Attorny
shall
be
compelled
to
appear
;
and
that
the
defendant
or
his
Attorney
give
notice
to
the
plaintiffe
or
his
Attorney
,
of
such
reversal
the
same
terme
,
or
in
the
vacation
next
after
it
.
Concerning
Imparlances
.
That
for
as
much
as
some
Inconveniencies
doe
sometimes
happen
to
plaintiffe
,
by
entring
their
declaration
in
speciall
Actions
.
It
is
therefore
ordered
that
the
plaintiff
in
such
special
Actions
shall
have
libe●ty
to
enter
the
Imparlances
the
Terme
following
,
entring
the
same
of
the
first
Terme
with
an
Incipitur
,
as
it
hath
been
usual
in
Quare
Impedits
:
but
that
all
other
imparlances
be
duly
entred
before
any
Issues
,
or
demurrers
,
or
judgements
thereupon
be
entred
.
That
if
the
defendant
appear
the
first
Terme
,
and
give
no
Rules
to
declare
,
the
defendants
Attorney
may
the
second
Terme
be
compelled
to
accept
of
a
declaration
with
Imparlance
,
and
the
declaration
may
be
entred
as
of
that
Term
,
with
an
Imparlance
over
to
the
next
Terme
,
or
in
the
first
Terme
with
an
Incipitur
,
as
before
,
as
the
case
shall
require
.
That
if
the
plaintiff
declare
not
the
second
Terme
,
though
the
defendant
give
no
rules
,
yet
a
non
Suite
may
be
entred
at
the
end
of
the
Second
Terme
upon
a
continuance
over
by
him
entred
by
dies
datus
,
but
not
the
third
Terme
,
or
after
.
That
upon
a
meere
real
Action
,
or
a
bare
clausum
fregit
,
an
Imparlance
of
Course
.
But
in
Dower
after
view
had
,
if
the
day
to
appear
be
upon
the
first
return
of
any
Hillary
or
Trinity
Term
,
no
Imparlance
without
consent
or
rule
of
Court
.
That
in
Ejectment
or
any
personal
action
,
If
the
apperance
be
the
first
returne
of
Hillary
or
Trinity
Terme
,
no
Imparlance
without
consent
or
special
rule
in
such
causes
,
other
then
in
London
or
Middlesex
.
If
the
appearance
be
before
Crastin
'
Martin
'
or
mense
Pasc
.
no
Imparlance
without
consent
,
or
speciall
rule
.
But
if
upon
or
after
those
returnes
,
an
Imparlance
of
Course
.
In
London
or
Middlesex
if
the
appearance
bee
before
Crastin
'
Ascen
'
,
or
before
the
last
returne
of
any
other
Terme
no
Imparlance
without
a
special
rule
or
consent
;
but
the
defendant
to
plead
as
of
that
Terme
within
fourteen
days
after
the
end
of
the
Terme
upon
rule
given
to
answer
:
but
if
of
Crastin
'
Ascen
'
or
the
last
returne
,
then
an
Imparlance
of
course
.
That
no
Judgement
by
nihil
dicit
be
entred
untill
there
be
a
rule
to
plead
,
first
given
in
that
Prothonotaries
office
,
where
the
cause
is
entred
,
and
the
day
by
such
rule
be
past
,
and
that
such
rules
be
only
given
in
the
Bills
of
pleas
or
other
remembrances
for
that
purpose
,
only
to
be
in
the
custody
of
the
secondary
of
the
respective
prothonotaries
,
during
the
time
limited
for
giving
of
rules
,
to
the
intent
that
all
persons
concerned
may
have
recourse
to
the
said
secondary
,
and
to
see
the
same
Gratis
;
and
that
Clerks
who
usually
enter
for
Attornies
,
may
give
rules
for
answer
in
the
said
remembrances
in
all
their
own
causes
wherein
there
hath
been
Imparlances
,
except
in
Ejectments
,
so
as
they
enter
the
same
rules
in
the
office
without
carrying
any
of
the
said
remembrances
out
of
any
of
the
said
offices
;
and
that
the
secondary
set
down
upon
the
remembrances
the
day
wherein
such
rules
are
given
,
and
that
no
rules
to
declare
or
answer
be
given
after
three
days
exclusive
after
the
end
of
any
Terme
,
and
such
rule
to
be
out
at
four
days
inclusive
of
the
day
wherein
the
same
is
given
.
That
in
all
actions
except
Replevin
(
after
rules
to
declare
are
out
,
yet
)
if
the
plaintiff
or
his
known
Attorny
or
Clerk
be
to
be
found
,
a
Nonsuite
for
want
of
a
declaration
not
to
be
entred
,
unlesse
the
Plaintiffs
Attorney
or
known
Clerk
be
first
called
to
for
a
declaration
.
That
if
the
Plaintiffs
Attorney
or
Clerk
be
called
to
for
a
declaration
,
and
delivers
it
not
to
the
Defendant
or
his
Attorney
sometime
during
that
Terme
,
then
the
rule
being
out
,
the
Defendants
Attorney
may
enter
a
Nonsuit
.
That
if
the
Plaintiffs
Attorney
being
called
to
for
a
declaration
,
cannot
afterwards
finde
the
Defendants
Attorney
or
Clerk
to
save
a
Nonsuit
,
he
may
deliver
a
declaration
into
the
prothonotaries
office
where
the
rules
are
given
.
That
when
a
Deed
,
Will
,
or
Letters
of
Administration
are
to
be
shewn
in
a
declaration
,
the
Attorney
of
the
Plaintiffe
delivering
a
declaration
with
a
subscription
,
that
the
Defendant
shall
not
be
compelled
to
plead
till
the
same
be
shewn
;
no
Judgment
by
Nihil
dicit
be
entred
against
the
Defendant
till
the
same
shewn
;
nor
any
Nonsuit
upon
the
Plaintiff
if
he
shew
the
same
before
the
end
of
the
next
Terme
.
If
the
Defendant
bee
committed
to
prison
by
Processe
out
of
this
Court
,
or
Habeas
Corpus
,
the
prisoner
entring
his
appearance
with
the
Prothonotary
in
case
of
a
plaint
,
or
in
case
of
attachment
of
priviledge
;
or
with
the
Filizer
in
case
of
other
processe
,
and
giving
rules
to
declare
,
the
Plaintiff
not
declaring
before
the
end
of
the
next
Term
after
the
commitment
,
the
defendant
in
reference
thereunto
to
be
discharged
of
his
Imprisonment
by
Supersedias
in
the
end
of
the
next
Terme
,
and
Liberty
for
the
Plaintiff
to
declare
upon
that
appearance
the
next
Terme
after
that
at
the
furthest
.
That
if
a
writ
be
returnable
5.
Pasc
.
or
the
last
returne
of
any
Terme
,
the
Defendant
,
giving
rule
,
and
calling
for
a
declaration
,
if
it
be
not
delivered
according
to
the
former
directions
,
four
days
or
more
before
the
Essoigne
day
of
the
ensuing
Terme
,
may
enter
a
Nonsuit
,
though
above
sixteen
days
after
the
preceding
Terme
.
That
the
Plaintiff
having
declared
and
given
rules
for
answer
,
the
Defendant
is
to
deliver
his
plea
in
writing
to
the
Plaintiffs
Attorney
,
or
known
Clerk
.
That
if
there
be
no
such
Attorney
or
Clerk
to
be
found
,
or
being
found
,
refuseth
to
accept
it
,
then
the
plea
may
be
left
in
the
office
to
save
a
Judgment
.
That
in
any
case
where
a
Plea
or
Declaration
is
left
in
the
office
,
no
Nonsuit
for
want
of
a
Declaration
,
or
judgment
for
want
of
a
Plea
bee
Entred
.
That
in
cases
of
popular
actions
,
Informations
,
or
real
or
mixt
actions
,
except
ejectment
,
no
judgment
to
be
entred
by
default
,
or
nihil
dicit
,
without
motion
in
Court
.
That
upon
Nul
tiel
Record
pleaded
,
and
no
difficulty
or
variance
appearing
,
Judgment
be
entred
after
rule
,
without
motion
by
the
Plaintiff
.
That
after
any
Imparlance
of
three
Termes
,
without
any
calling
for
answer
,
no
Judgment
to
be
entered
without
a
Terms
notice
.
Concerning
Declarations
.
For
avoiding
of
long
and
unnecessary
repetitions
of
the
Original
Writ
in
Actions
upon
the
Case
,
and
personal
Actions
upon
penal
Statutes
.
That
Declarations
in
Actions
of
Trespasse
upon
the
Case
,
or
personal
Actions
upon
any
general
Statute
;
namely
,
Hue
and
Cry
,
Monopolies
,
and
for
suits
in
the
Admiralty
,
and
such
like
,
other
then
debt
,
repeat
not
the
Original
writ
but
only
the
nature
of
the
action
.
viz.
A.B.
was
attached
to
answer
C.
D.
in
a
plea
of
trespasse
upon
the
Case
,
or
in
a
plea
of
trespasse
and
contempt
,
against
the
forme
of
the
statute
.
For
the
avoiding
of
the
Common
Barre
and
new
assignment
.
The
declaration
upon
an
Original
,
or
Bill
Quare
clausum
fregit
,
may
mention
the
place
certainly
,
&
so
prevent
the
use
and
necessity
of
the
Common
barre
and
new
assignment
.
That
unnecessary
length
of
declarations
be
reformed
.
And
in
order
thereunto
,
That
in
actions
of
covenant
not
to
repeat
more
of
the
deed
then
is
necessary
for
the
assignment
of
the
breach
,
and
not
to
repeat
the
Covenant
in
the
conclusion
.
That
in
actions
of
slander
,
long
preambles
be
forborn
,
and
no
more
inducement
then
what
is
necessary
for
the
maintenance
of
the
accord
,
when
it
requires
a
special
Inducement
or
Colloquium
.
That
in
actions
upon
general
statutes
the
declaration
not
to
repeate
the
statute
,
but
to
conclude
against
the
forme
of
the
statute
in
such
case
made
and
provided
:
as
in
case
of
debt
,
upon
the
statute
of
the
second
year
of
Edward
the
sixth
,
For
Tythes
;
the
thirty
second
of
Henry
the
eighth
,
for
Maintenance
.
21
Jacobi
for
Monopolie
.
That
actions
of
debt
upon
a
Judgment
had
in
the
Courts
at
Westminister
,
to
recite
only
the
Judgment
.
But
if
a
Judgment
had
by
,
or
against
an
Executor
or
Administrators
debt
,
thereupon
to
repeat
the
Declaration
and
Judgment
.
That
before
the
declaration
actually
entred
,
the
Plaintiff
may
mend
his
Declaration
,
paying
costs
,
or
giving
an
Imparlance
,
at
the
Plaintiffs
election
,
by
the
Order
of
a
Judge
of
the
Court
,
or
Prothonotary
:
But
after
it
is
entred
,
if
the
amendment
be
but
a
small
matter
that
doth
not
deface
the
Roll
,
yet
that
before
issue
or
demurrer
entred
it
be
amendable
by
rule
of
Court
upon
costs
and
libertie
to
plead
,
with
a
new
or
further
Imparlance
.
To
cause
care
in
examination
of
the
Declaration
.
That
if
the
Plaintiffs
Attorney
or
Clerk
deliver
a
Copy
to
the
Defendants
Attorney
or
Clerk
,
materially
varying
from
the
Original
declaration
,
the
disadvantage
thereof
not
to
be
cast
upon
the
Defendant
,
but
on
the
Plaintiff
,
whose
Attorney
is
paid
for
it
.
Concerning
Pleading
.
The
Common
Barre
and
new
assignment
to
be
forborn
,
where
the
declaration
contains
the
certainty
equivalent
to
a
new
assignment
.
That
pleadings
be
succint
,
without
unnecessary
repetitions
.
That
in
the
pleading
of
an
Outlawry
the
mesne
processe
be
not
repeated
,
but
the
exigent
,
and
Utlary
joyned
to
the
commencing
of
the
suit
.
That
in
pleading
a
general
statute
,
the
statute
be
not
recited
,
As
the
statute
of
twenty
one
Jacobi
of
Limitations
.
Concerning
Demurrers
.
That
according
to
the
statute
of
the
twenty
seventh
of
Elizabeth
upon
Demurrers
,
the
causes
be
specially
assigned
,
and
not
involved
with
general
unapplyed
expressions
of
double
,
negative
,
pregnant
,
uncertain
,
wanting
forme
,
and
the
like
;
but
to
shew
specially
wherein
that
the
other
party
may
(
as
the
case
shall
require
)
either
joyne
in
demurrer
,
or
amend
,
paying
costs
;
or
discontinue
his
Action
.
That
it
be
declared
,
that
matters
of
form
,
aswell
on
the
part
of
him
that
demurres
,
as
of
him
that
joyns
in
all
parts
of
the
pleading
,
are
discharged
;
unlesse
such
as
are
specially
assigned
upon
the
Demurrer
.
Concerning
Tryals
,
and
notice
of
Tryals
and
Inquiries
.
That
notice
of
Tryals
or
Inquiries
in
London
or
Middlesex
,
the
Defendant
dwelling
within
forty
miles
of
London
,
be
eight
days
exclusive
of
the
day
wherein
notice
is
given
.
That
if
the
Defendant
live
above
forty
miles
distant
from
London
,
notice
of
such
Tryals
and
Inquiries
in
London
or
Middlesex
be
fourteen
dayes
exclusive
of
the
day
of
notice
.
That
in
all
Issues
to
be
tryed
by
Nisi
prins
in
London
or
Middlesex
upon
a
record
of
a
precedent
Terme
,
the
copy
of
the
Issue
be
brought
to
the
Clerk
of
the
Treasury
,
for
the
ingrossing
of
the
Record
,
four
dayes
at
the
least
before
the
day
of
Tryal
of
such
Issue
;
and
that
all
Causes
to
be
tryed
in
London
or
Middlesex
be
entered
into
the
Marshals
Book
four
dayes
before
the
day
of
tryal
.
That
eight
dayes
notice
exclusive
be
given
upon
tryals
in
the
Country
,
&
upon
writs
of
enquiry
of
dammages
in
writs
of
dower
and
wast
,
and
all
other
inquiries
of
dammages
.
That
if
the
Plaintiff
give
notice
of
a
tryal
,
and
he
proceed
not
,
the
Plaintiff
not
to
take
it
down
to
tryal
again
without
new
notice
to
be
given
,
as
is
before
expressed
,
unlesse
by
consent
or
Rule
of
Court
.
But
in
London
or
Middlesex
,
if
notice
be
given
of
a
tryal
for
one
sitting
,
and
the
Plaintiff
be
not
provided
to
proceed
:
Then
if
hee
give
notice
before
the
sitting
that
he
will
try
it
the
next
sitting
,
that
to
be
held
convenient
notice
.
That
in
case
of
such
warning
,
and
no
proceeding
,
the
Defendant
upon
motion
to
have
his
cost
of
his
former
attendance
,
to
be
taxed
by
the
Prothonotary
;
unlesse
the
Plaiatiff
give
the
Defendant
warning
in
convenient
time
that
he
would
not
proceed
;
or
shew
cause
to
be
allowed
by
the
Court
in
excuse
of
such
Costs
.
That
no
Record
of
nisi
prius
be
signed
before
the
issue
be
entred
upon
the
Roll
.
That
if
the
Plaintiff
give
notice
for
a
tryal
,
and
proceed
not
,
the
Defendant
may
take
it
by
proviso
according
to
law
,
giving
notice
eight
or
fourteen
days
,
as
the
case
requireth
,
as
aforesaid
.
That
in
London
or
Middlesex
,
if
no
warning
for
a
Tryal
,
then
the
Defendant
not
to
take
it
by
proviso
,
to
try
it
the
same
Terme
;
but
afterwards
hee
may
take
it
by
proviso
according
to
Law
,
giving
eight
or
fourteen
days
notice
as
the
case
requires
.
That
if
notice
bee
given
to
the
Attorney
of
the
adverse
party
of
a
tryal
upon
an
issue
joyned
,
it
be
taken
to
be
good
notice
:
And
oath
made
of
want
of
notice
to
the
Attorney
,
to
turne
the
proof
of
notice
given
to
the
party
upon
him
that
brought
it
down
to
Tryal
in
that
case
.
That
if
an
issue
bee
joyned
above
a
year
since
in
any
case
,
then
one
Terms
notice
to
be
given
of
the
tryal
.
Concerning
Tryalls
at
Barre
.
That
for
the
remedy
of
excessive
charges
of
Tryals
at
the
Barre
,
especially
whilst
the
Jury
lyeth
out
,
it
is
ordered
that
a
Jury
lying
out
one
night
after
a
privy
verdict
delivered
,
there
be
allowed
for
the
whole
dyet
of
each
Jury
man
that
night
no
more
then
three
shillings
four
pence
a
piece
,
and
for
two
Cryers
to
each
of
them
,
no
more
then
two
shillings
ordinary
,
besides
the
charge
of
the
Jurours
Lodging
.
That
after
a
verdict
delivered
in
Court
,
the
Jury
and
Officers
to
be
paid
their
charges
and
fees
in
the
Inner
Treasury
,
without
going
to
the
Taverns
or
Victualling
houses
for
that
cause
.
Concerning
special
verdicts
at
the
Bar
,
or
by
Nisi
prius
.
That
in
finding
special
verdicts
where
the
points
are
single
and
not
complicated
,
and
no
special
conclusion
,
the
Councel
(
if
required
)
do
subscribe
the
points
in
question
,
and
agree
to
amend
omissions
or
mistakes
in
the
mesne
Conveyance
,
according
to
the
truth
,
to
bring
the
point
in
question
to
Judgment
.
That
unnecessary
finding
of
deeds
in
haec
verba
,
where
the
question
rests
not
upon
them
,
but
are
only
derivatioin
of
title
,
to
be
spared
;
and
found
shortly
,
according
to
the
substance
they
bear
in
reference
to
the
Deed
,
as
Feoffment
,
Lease
,
Grant
,
&c.
Concerning
new
Tryalls
.
That
where
a
verdict
findes
entire
damages
where
damages
are
the
principal
,
and
part
not
actionable
,
though
judgment
be
arrested
,
yet
by
rule
of
Court
a
venire
fac
'
de
novo
may
issue
as
upon
an
Ill
verdict
,
and
upon
the
new
tryal
the
party
may
sever
his
damages
.
Concerning
Judgment
.
That
in
a
judgment
by
non
sum
informatus
,
or
nihil
dicit
,
in
Eject
'
fir
me
,
the
Capiatur
be
entred
upon
the
first
judgment
.
That
upon
a
cause
removed
by
Habeas
Corpus
out
of
an
Inferiour
Court
,
having
Jurisdiction
of
the
cause
,
if
Judgment
be
given
for
the
Plaintiff
,
the
costs
below
to
be
considered
and
cast
into
the
judgment
;
if
for
the
Defendant
,
the
charge
of
putting
in
baile
.
That
the
principal
in
any
bond
or
bill
obligatory
do
not
for
the
time
to
come
give
warrant
to
appear
for
,
or
confesse
judgment
against
his
surety
:
and
that
after
the
two
and
twentieth
of
January
next
,
no
judgment
be
confessed
for
,
or
given
against
the
surety
upon
any
such
warrant
given
by
the
principal
.
That
sixteen
days
be
allowed
for
the
signing
of
Judgments
after
every
Terme
,
except
Easter
Terme
,
upon
causes
depending
in
the
erme
precedent
.
And
lastly
,
it
is
declared
by
the
Justices
of
this
Court
,
that
as
the
Court
doth
expect
that
all
the
Rules
and
Orders
before
mentioned
be
duly
observed
;
so
it
is
further
Ordered
,
that
all
other
former
Orders
and
Rules
yet
in
force
not
hereby
altered
,
suspended
or
adnulled
,
be
likewise
Observed
and
put
in
execution
according
to
the
true
intent
and
meaning
of
the
same
.
-
OL
.
St
JOHN
.
-
EDW
.
ATKINS
.
-
MATTHEW
HALE
.
-
HUGH
WINDHAM
.