Selected quad for the lemma: book_n
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Corrected Date of Publication (TCP Date of Publication) |
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A63018
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A preparative to pleading being a work intended for the instruction and help of young clerks of the court of common pleas / by George Townesend ...
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Townesend, George.
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1675
(1675)
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Wing T1981; ESTC R2436
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70,354
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282
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fitly entered as they ought to be which if checkt it would inevitably follow that most of these ignorant Attornies would begin and prosecute most of their Causes for Clients Plaintiffs in the Court of Kings-Bench the Clerks and Attornies whereof have greatly increased in number of later times and deal in Causes there for Attornies of the Common-Pleas without any Attornies Fees and have an easier course of doing business there with more benefit to themselves as I conceive than the Attornies and Clerks of the Common Pleas have Attornies ought and anciently did attend the Courts at Westminster the whole Term or most part thereof whereby most businesses were finished in the Term-time in due order But Attornies increasing and their respective businesses decreasing Sollicitors acting in businesses staying in the Countries and gaining Clients of Attornies from them and many Attornies of the Court of Common-Pleas imploying in many Causes for their Clients Plaintiffs Clerks of the Court of Kings-Bench most Country-Attornies of later times have forborn to come to London till towards the end of Terms whereby their businesses have come all on a huddle and have been disorderly done in and after the end of Terms the Judges Councellors Officers and Clerks till towards the end of Terms wanting imployment and then becoming excessively full of it and most businesses forced to be done after the end of Terms many times to the Clients great disadvantage and other Mens especially Clerks inconvenience For remedy whereof divers Orders have been made and renewed in the Courts of Kings-Bench and Common-Pleas enjoyning Attornies to come to London by the third Return of Michaelmas-Term and the second Return of every other Term and to stay til the Terms be ended All which Orders have proved ineffectual neither do I conceive that this mischief will be remedied without a severe Act of Parliament For my own part I conceive that it would be fit that no common Sollicitor be permitted but inquired out in each Country And that no Attornies Name be used by others And that Attornies should be enjoyned to attend the Courts by a certain time in each Term whereby their businesses may be set on doing and motions made in the Court when requisite in due time but not to be enjoyned to stay in London to the end of a Term many of them having not businesses to imploy themselves in London half so long time and indeed the profit of Attornies by Causes at the Common-Law at Westminster being not to most of them considerable their chief gains being by Conveiances keeping of Courts Causes in inferior Courts and Solliciting in other Courts Clerkship in the Court of Common-Pleas being much decayed Clerks bred in London for their better subsistence Clerkship of it self not affording them a fitting maintenance for themselves and Families there have been of late times forced to deal as Attornies for Attornies of the Kings-Bench in the Causes which they have in the Court of Common-Pleas and to be Attornies for proper Clients in London and elsewhere and many of them to become Country-Attornies The Pleadings or the Law being of good proper and significant Latin I would have a Clerk to be a good Latin-Scholar and a little Greek may do him good able to render the English of Indentures and other Writings into true and significant Latin Of an able and healthy Body to endure Cold and fitting at his Writing And his Estate in present or future hope not to be so large as to lessen his Industry That he be placed a Clerk with a Prothonotaries Clerk a Philizer or able Attornie Not to be taken to be a Clerk for less than five years Six years time may be better for the Master and himself if he diligently follow his business Skill in Clerkship being not attained without much labour many Presidents and diligent Observance The Pleadings of the Law being to be written in Court-hand I advise a young Clerk to get a good Copy of which some are in Print and to get if he may and imitate some old needless Writs or other Writings of a good Hand And if his Secretary-Hand be not good let him go to some good Master to teach him a good Sett and Running-Secretary-Hand And I would farther have him learn and continually practise short-Writing for the learning whereof he may buy a Book and not go to any School the swift writing of it is not got without a continued Practice the use of it may be necessary if not profitable divers ways in the course of his Profession as it hath been to my self in particular And it is necessary for him to understand the Law-French which with a little Observance in a small time may be gained For the effecting whereof let him read the Terms of the Law and Littleton in French and English When he hath Written an hour or less let him Read and after a while Reading fall again to his Writing and stand at his Reading and sit at his Writing for the most part Let his Writing especially the Court-hand be with the full of the Pen indeavouring to make a full short and round Letter without long Heads Tails or Dashes and not a tall slender Letter with the side of the Pen and sit as upright at his Writing with his Elbowes near to his sides and Writing as straight before him as he may I advise him at least before he comes to a quick and perfect hand to Write all things fairly and as well as he can unless necessity of Expedition require his speed Non sufficit bene aliquid agere nisi etiam fiat venuste Especially let Rolls be entered in a full Set-hand A small neat hand is most commendable for Writs which should stand on as little ground as may well be And I advise a Clerk constantly to read over the Writs which he makes and examine other Writings when he hath done them And in Parchment Writings not presently upon the writing to amend any faults which he makes while the Ink is moist which would make blurs but to make a little prick with his Pen in the Margent and proceed and when he hath done ere the Ink be dry amend his faults and scrape out the pricks Let all his amendments and interlinings be done with as great exactness neatness and care as may be And if any thing be written doubtfully or not very legible let him blot or scrape it out and new write the same Let all Towns and Sirnames be written at length and without Abbreviations as Milverton not Miluton Culpeper not Culpeê likewise let the forms of words in original Writs be observed not writing ê instead of par êochia for parochia êtes for partes or the like Writing of Presidents FOr writing of Presidents I advise a young Clerk to get him at first a Book of two or three quires of Paper in Quarto for Common-Presidents of Declarations Pleas Judgments Writs return of Writs Warrants of Attorny and the like severally and in several
places thereof of which he hath or is likely to have most daily or common use But after that he is a perfect Scribe and can do ordinary businesses I advise him if he desire to be a skilful Clerk with his Masters leave to get divers Books of Paper ruled on the sides with red Ink not needful at top or bottom of some six quires a piece of the best larger sort of Paper he may get bearing Ink well a Ream whereof is usually sold for about fix shillings for the writing of Presidents Let the Books be bound in good Vellam or in Leather not hardly or stiffly but easily to ly open and string'd with strong coloured Tape or Cotton-Ribbon or clasped And let one whole Book at least be for Actions on the Case distinguished in several parts thereof as into Actions on the Case of Promises Nusance Disturbance Slander c. of which my Table of Presidents may be of good use to him for direction Another Book of Actions of Debt Another of Trespass Another of Replevin c. in like manner distinguished into several Titles according to the several nature of the Presidents And the like Books for real and mixt Actions Prohibitions and the like By which Books he may readily find such Presidents as he hath written without the help of a Table and may avoid the writing of one President twice which I have found often done by the same hand in manuscript-Manuscript-Books of Presidents which I have bought being written confusedly and out of Order As the Clerk must not refuse to write some Presidents for his Master so the Master ought in Reason to allow his Clerk at times of leisure to read the Law and write Presidents for himself which may inable him for his profession when he shall have served his time of Clerkship In writing of Presidents I advise a Clerk to write the full matter as well of Form as of Substance at length with the Term and number-Roll if he may and to write the Christian-Names and Sirnames of persons and the names of Towns at first and when the same come again to be written to write only a letter for a word as J. D. for Johannes Doe but if there be other names of the same Letters then write again the same at length that when a President is writteÌ it may be plainly read written forth fully again as it was taken if there be occasion In Presidents let all sums be written in the larger figures as X pound IX shillings VI pence the years of our Lord or the Kings Reign in the like Figures the days till past five at length as Primo secundo unus duo c. but after five in the like numeral figures as vi o die vi dies c. Before the beginning of Pleas let a little space be left as in Printing whereby readily to see the beginning of the ensuing Plea and at the end of each side write the succeeding word as is usual in Printing Let the dusting or sanding of Presidents in Books be avoided rather using fine brown Paper to prevent blotting if time of the Inks drying cannot be allowed for Sand takes away the good colour of the Ink and getting into the Backs of Books makes them break their Binding Let words be written Clerk-like at length as clausum fregit Armis and not un-Clerk-like abbreviated words as clm fr. ar c. though it be in Draughts for private use much less in Records And as good Paper so the best Ink is to be used and choice of Pen-knives to be had for several occasions Directions for a Clerks Proceedings WHen my propounded-Clerk hath served his agreed time with his Master and hath a resolution of following Clerkship chiefly in the future course of his Life I advise him to procure himself to be admitted of an Inn of Chancery and get him a convenient whole Chamber if he may and if he cannot at first get one let him aim to get one as soon as he can and in the mean time get a part of a Chamber as good as he may For he being to make it at least for a while his constant dwelling and abode it is fit for him to have what convenient Room he may whereas a moiety of a Chamber may well serve a Country-Attorny who stays but a short time in London at the Terms and hath but small store of necessaries useful for his stay there I advise a Clerk especially to get himself a large Study which I would have him to furnish with Shelves and Boxes fitting for his use and two Desks at one whereof he may sit to write and at the other stand and read or write if he please Variety of Motion pleaseth and easeth the Body and Mind and Standing is accounted more healthful for a Student the rule being studeto stans And I conceive that sitting doth more breed Diseases especially the Stone And 't is advised by Physicians in way of Health that a Man walk an hour in a day if he have time And to forbear drinking at least much in a Morning I conceive to be healthful for most Students I advise him to procure himself to be sworn an Attorny of the Court at first to entertain all lawful and fitting businesses for his imployment as an Attorny or Clerk and to deal as an Attorny for proper Clients and Attornies of the Kings-Bench and rather then want imployment to take some Journy-work the worser sort of imployment he may leave off when he pleaseth but at no hand to deal as Attorny at the Reteyner of any common Solicitor who is looked at by the Law with an ill Eye he cannot lawfully give you warrant to appear plead or Act any thing which an Attorny of the Kings-Bench may do Use no Attornies Name in practice nor suffer any one to use yours And I wish you to aym at a Philizers Office if you may get one it may be a good means for the better imployment of your self and Clerks in the way of Clerkship and gain you Entries and other business from Country-Attornies And although the Collection of Presidents be chiefly to be aimed at by a Clerk which will give him a great insight into the Law and furnish him with forms of deriving of Estates pleaded and other ââings yet I advise him for his better understanding and progress to addict himself to the study of âhe Law Wherein I cannot without much laâour direct him in such a method as my self do best like I think few Lawyers agree in the course of their Studies Some use no Books of Common-Places but trust altogether to their memories being continually studying on their Books But a Clerk being at several times and for the greatest part of his time imployed in the affairs of his Clerkship and Practice ought not to trust so to his memory-Reading makes a full Man Conference a ready Man Writing an exact Man I advise a Clerk therefore to take Notes of his Reading of the