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 VVitnesses 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 VVitnesses examined within the time limited for their examination In which case sometimes the Court giueth order to examine VVitnesses 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 VVitnesses 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 VVife 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 aud 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 mentionâ—…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
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 VVrit or sue the Sheriffe for the Escape and recouer his Debt and Charges against him O therwise 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 VVrit 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 VVrit 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 VVrit 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 terminū 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 VVrits are deliuered to the Sheriff to summō 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 VVrit fylled and to enter a Recipitur as in a VVrit 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 VVrit 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 VVrit 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 VVrit of Errour VVhen 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 VVrit 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
then to coÌ„municate 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 Catâ—…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 VVestminster 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 VVestminster 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
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 VVHere 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 Register Order 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 cyther 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 penniâ—… 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
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 VVills 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 oâ—… VVagers for bargaines for Offices contrary to the Statute of the Second of Edward the sixt Or vppon contracts for Vsuâ—…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 Trauâ—…rse it literally as it is layd in the Bill But he must Traueâ—…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
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
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. POVVELL 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 VVritings 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 VVritings or Conference with some Person There is no reason that after â—…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 VViues 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. VVife 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 VVife for matter which wholly concerneth the VVife VVhereunto they make Answere and after answere made the man dyeth The Complaynant cannot proceede in that suite against the VVoman 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 VVhere 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 VVife 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 Bâ—…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
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 VVitnesses 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
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. VVhere 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 â—…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 Chanceâ—…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
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 forâ—…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 Interrogatâ—…ries shal be taken off the Fyle and supprest And the parties shall bee seuerely punished by commitment or Ignominy as â—…hall be thought fit for his abuse of the Court And the Counâ—…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 shaâ—…l bee awarded vpon Recognizances not inrolled Nor vppon Renâ—…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 â—…ame cause Nor Habeas Corpus or Corpus cum causa De vi â—…aica amouenda or Restitution therevpon Or de Coronatore viridario elegendo De homine replegiaâ—…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 oâ—… 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 VVrits 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 Oaâ—…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 Interlopâ—…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
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 Eighâ—… 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 â—… 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 Â
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 VVrit 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 VVrits 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 VVrit mis-returned Or any VVrit 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 VVrits 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 VVhereuppon 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 VVitnesses 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 Demādant 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 VVhat 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 vpō Assumpsit plead Non Assumpsit
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 Certificâ—… 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 Cōmission 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
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 Cōmission 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 Cōmission 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 inâ—…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 shâ—…l bee righted in case hee shall cleere himselfe or bee not effectually prosecuted fol. 31. How farre Contempâ—…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 â—…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 Statuâ—…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
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