Priviledge or habeas corpus with the Bayl for one cause vi s ii s. And for every name more For entry of every Committitur upon a Habeas corpus una cum die causa ii s ii s. And for every other cause For every Reversall upon an Outlary for default of Proclamation with one name and the Bayl oâ— nolle prosequi 4. s. 4. d. ii s. And for every name more For every ca. fa. fi fa. after a devastavit ii s. Whereof by allowance from the Prothonotaries the Clerke hath had viii d. For every sheet exceeding four sheets of Writs to enquire of Damages in Covenant Ejectment Actions upon the case and the like Actions iiii d. For the Writ of Liberate or the like speciall Writ ii s. Whereof by allowance from the Prothonotary the Clerke hath had viii d. For the entry of every such Writ and the entry of every other speciall Writ which requireth an entry not exceeding four sheets ii s. viii d. xii d. And for every sheet so exceeding For every Distringas in petition Whereof the Clerke by allowance from the Prothonotary hath had iiii d. For Writs to enquire of damages in Covenant Ejectiment Actions upon the case and the like Actions if they exceed not four sheets ii s. Whereof by allowance from the Prothonotary the Clerke hath had viii d. For the entry of every Committitur upon habeas corpus una cum die causa with one cause returned besides the entry of the Writ ii s. ii s. ii s. And for the entry of the writ And for every other cause returned For the signing of all processe upon information excepting the first Subpena The Prothonotaries Clarkes fees IMprimis for the copies of common declaration and pleas for every sheet conteining twelve lines and every line ten words iiii d. For every sheet in Reall and mixt Actions and Actions upon any Statute and the like viii d. For drawing of every speciall declaration and plea for every sheet viii d. For every continuance every Terme of every issue writ imperlance demurrer or speciall verdict or adjornment iiii d. For exemplifying every Recovery with a single voucher 4. s. 6. d. For exemplifying of a double voucher vi s. xii d. And for every voucher more For exemplifying of any Record not exceeding eight sheets v. s. vi d. And for every sheet more For drawing of every extraordinary long writ after the rate for every sheet viii d. And for the entry thereof if it so require for every sheet iiii d. For a copy of a judgement for every sheet viii d. For the entry of every writ and the returne thereof into the Prothonotaries Remembrance for drawing up of a vi d. iiii d. judgement if it exceed not three sheets And for every sheet after For entring of every Common Rule into the Bill of Pleas or Common Remembrance iiii d. For the entring and ingrossing every Summons for a Recovery and for the making of the writ of Summons ii s. For entry of every Mittimus and Dedimus potestatem for a Recovery ii s. 6. d. For the ingrossing of every Nisi priùs after the rate for every sheet iiii d. For entring of every Testat sur ca. fa. si fa. iiii d. For the search of one Terme in the Prothonotaries office in his dâ—ggets or Remembrances iiii d. For the issuing out of the Court money if the party receiving it i. d. in â— For the making of every long writ as Prohibitions the like for every sheet iiii d. For the prosecution and issuing out of proces for the King to bring in the party for to make fine for his contempt untill the party render himselfe o bee 3. s. 4. d. outlawed besides the fees of the Court And if there because of Prosecution after the Exigent returned then more 3. s. 4. d. For the copies of suggestion to grant a Prohibition for every sheet viii d. For drawing of every surmise to have a Prohibition speciall verdict and the viii d. like for every sheet The Prothonotaries Clerkes fees for Informations onely FOr engrossing of every information viii d. For a copy of the said Information if it amount to the number of five sheets of paper or upwards 3. s. 4. d. If it be under the number of five sheets then for every sheet viii d. For the making of every Capias profine upon an Information vi d For entring of the generall issue upon the Roll where the information was first entred in the Terme it was first exhibited viii d. For the Registring of every licence to compound in the office book iiii d An ancient fee due to the second Prothonotaries Clerks onely FOr recording of every Fine acknowledged at the Bar writ and moved by a sergeant iiii d. Fees due to the Secondaries of the Prothonotaries in their severall offices FOr the copy of every common Rule iiii d. For taking a note of the Rule of the judges in Court upon the motion of a sergeant for drawing the same Rule in paper in Latin words and entring it into the Bill of Pleas and the copy thereof the draught not exceeding six lines in paper viii d. xii d. If the Rule exceed six lines then For every wager in law in Court or Nonsuit of the plaintife upon a wager of law xii d. For the entry of the Committitur of any defendant to the Fleet in execution of any judgement or otherwise in Court and for making a copy thereof for the Warden of the Fleet containing the cause of the Commitment xii d. For the entring of every Commitment to the Fleet of any person yeelding himselfe in discharge of his Baile and for the like Copy xii d. For attending him from his chamber to westminster to take a privy verdict cried at the Bar â— s. 4. d. For reading the Record of a demurrer in Court or verdict xii d. xii d. For taking Bail in Court For entring of an admission of an infant to his prochin Amy or Guardian in the Prothonotaries remembrance xii d. For the copy of the issue and jurors names to be delivered to the jury upon any triall at the Baâ— xii d. For reading of evidences upon trials at the Bar of each party plaintiffe and defendant 3. s. 4. d. For entring of every satisfaction by speciall warrant Recordatur and discontinuance viii d. For every satisfaction by generall warrant iiii d. For entry of every Bill or Letters of Administration to enable an Executor or Administrator to acknowledge satisfaction and the entry of the satisfaction xii d. For every copy of Interrogatories depositions of persons examined upon Interrogatories by order of the Court for every sheet viii d. Per bâ—eve
care and knowledge thereof upon their under Clarkes who attend not in Court and the Clients and such as follow their Causes are to acquaint their Attournies for that purpose 11. Such as desire to have their Causes set downe for hearing must repaire to the six Clark that is Attourney in the Cause at least six daies before the end of the Term that the six Clark may inform himselfe of the state of the cause of the long or short dependance thereof in Court of the antiquity of publication of the weight or value of the causes and all other circumstances materiall to informe the Lord Keeper or the Master of the Rolls at the time of setting downe of causes and the six Clark may not refuse to offer the same to be set downe if he be attended in such due time as aforesaid nor come unprepared to inform the Lord Keeper or Master of the Rolls of the nature circumstance of the cause aforesaid and neither he nor any of his under-Clarkes nor any other are to take any Fee Gratuity or Reward for the same 12. The Registers in drawing up Orders shall use all convenient brevity according to the manner of ancient times they shall mention the materiall Reports Affidavits and former Orders upon which any new Order is grounded to have been read but shall not repeat the same they shall not unlesse it be by speciall direction of the Court fill any Order with the disputes of Councell nor with reasons and allegations pro con nor mention any reasons but such on which the Court relyed in making the Order and those with brevity and clearenesse and if they deliver a draught or copie of any Order to be perused by Councell if it be not brought back within 24. houres they shall enter the Order without attending any longer for an answer from Councell only they shall forbeare the entries of Decrees and dismissions untill they be signed that the Lo Keeper and the Master of the Rolls may reforme them if there be cause at the signing 13. Whereas the excessive and unnecessary length and charge of writs de executione decreti have been complained of from henceforth unlesse the party that sueth out such Writ shall desire that the whole Decree as it is signed and inrolled be therein recited the writ if it be only for paiment of money shall make no other recitall but to this or the like effect Cum per quoddam Decretum in â—ur Cancellar nostr die Annâ—â—egni nostri ordinat adjudicatum existâ—t quod tu solveres A. B. centum l b. legal monetae Angl. tâ—bâ— praec pâ—mus firmiâ—er injungend mandamus quod praed centum lâ—b praefat A. B. debit modâ— solvas et hoc nullatenus omâ—ttas periculo incumbente And if the money by the Decree be payable at certaine daies or places then the same daies and places to be expressed in the Writ without any further recitall and if the Decrees bee for doing other things to be performed by the party or parties to whom the said Writ is directed then no more shall be recited in the Writ but the very decretall order unlesse the decretall order doe in such manner refer to a Report or Certificate as without recitall of those points of the Report or Certificate which are to be performed by the parties to whom the said Writ is directed it will not appeare what is to bee by them performed and in that case so much of the Report or Certificate as is to be performed by the said parties shall be recited and the order confirming the same and no more unlesse it be desired by the party suing out the said Writ and the Fee thereof to bee paid shall be after the rate prescribed in the table of Fees and no more 14. Every demurrer shall containe the causes of the demurrer and the Counsell who set their hands to it are to beware that those causes be not triviall and where a demurrer or plea is grounded upon the substance and the body of the matter it shall be determined in open Court without reference and the Register at the instance of the party demurring shall without any Fee put into the paper of causes after the hearing and assigning a speedy day to every one in order as hee commeth to require it and if the Defendant who demurred make no such instance to the Register within eight daies after the plea and demurrer is put in Court the same without any motion shall be disallowed of course as put in for delay and the Defendant shall pay ordinary costs provided that the Register doe not without speciall warrant put above two of those demurrers into the paper upon one day 15. If the demurrer be grounded only upon some error slip or mistaking in the Bill no Reference shall be made thereof for a week after it comes in but the Plaintife without any motion shall be admitted of course to amend the said error slip or mistaking paying to the Defendant or his Attourney for his use costs as the sixe Clarkes not towards the cause shall thinke fit but if the Plaintife in that time doe not amend or alter it then if the Defendant doe nothing therein within a week following by getting it ruled or referred it shall be disallowed of course without any motion as put in for delay and the Defendant shall pay ordinary costs but if the Plaintife not amending the same as aforesaid it bee ruled against him upon Reference or otherwise he shall pay the ordinarie costs 16. When a Plaintife excepteth to a Defendants answer he shall set down his exceptions in writing and deliver it to the Councell whose hand is to the answer or to the Defendants Attorney in Court and if the Defendants doe within a weeke satisfie the Plaintife of the invalidity of his exceptions or amend the answer in the same time or agree with the Plaintife or his Attourney or Sollicitor to amend it by such a time as shall be agreed on betweene them and doe amend it accordingly without putting the Plaintife to obtain a Reference or make any motion therabouts then the Defendant shall pay no costs and if any Plaintife shall presse and procure a Reference within this time or before this course taken the Reference shall be void as obtained surreptitiously But if the Defendant doe neither satisfie the Plaintife nor amend his answer in manner aforesaid then if upon Reference or otherwise his answer be ruled insufficient he shall pay costs according to the course of the Court. 17. The Masters of the Court shall prefixe convenient but not overlong daies for hearing such matters as are referred to them and at the times prefixed shall proceed without admitting any fained or dilatorie excuses especially that Councell are otherwise imployed or cannot attend or are not instructed there having been notice and time enough allowed or the like and after the daies shall speedily send in their Reports for the case of the Clients
they have certified in their note of Fees They take for the certifying the first cause vi s. and for every other cause ii s. and so have anciently done The chiefe Justice his Fee for allowance of a Writ of Error was but xvii s. vi d. being upon meane Proces and single judgement and if it exceed to Ex. post Cap. and Scire fac xxxv s. and for the Supersid ii s. and no more and now is taken for allowance upon meane Proces xx s. and for a Supersid iiii s. The ancient Fee of a Cap. Vtlegat speciall is ii s. iiii d. and a generall Writ x. d. if more be taken it is to the writer of the Writ for expedition given by the Attourney as a gratuity We doe not know of any Fees taken by Bills of Parcels and at Etiam more than hath been formerly taken Anno 30. Eliz. The Judges take only iiii s. for signing of a Writ of priviledge which Fee is and hath been ancient for any thing we know and the like for signing of a Procedendo The ancient Fee for reversing of an Outlawry in a Judges Chamber wee know not but there hath been taken for the Judge ix s. viii d. and xii d. to his man and being reversed in Court iiii s. as is formerly certified There is now paid to the Judges horsekeeper for triall of every cause at Guildhall xii d. and upon triall at the Barre ii s. to each of the Judges footcloath-keeper and in many Circuits upon every triall for keeping the Juries ii s. for every Jury there being only due xii d. which was formerly allowed and paid to the Sheriffes Bailiffes for keeping of the Juries Also there hath been taken in some Circuits upon triall of every Nisiprius wherein a private verdict hath beene given as Fees for the same verdict to the Judges Marshall for all manner of Fees to all Officers xv s. viii d. but now of late the Judges servants and officers in some Circuits doe demand and take x. s. more not anciently taken The ancient Fee in a Prohibition was ix s. iiii d. for every witnesse produced to prove a suggestion out of Court and in Court iiii s. It is answered in the former Certificate the ancient Fee for swearing an Attourney in Court was ii s. to the Boxe and now xx s. is taken Every Attourney paies Tearâ—ely of ought to pay iiii d. to the Clarke of the Warrants who is appointed to pay the same to the Judges and is by them distributed to the poore as is affirmed There hath been and is taken for the Boxe upon every satisfaction for a Judgement being under 100. li. vi d. if 100. l. xii d. and for every 100. li. so â—ateably and the like for a confession and vi d. upon a Baile and every common Recovery Subscribed thus Hen Plombe Sy Wiseman Anth Langston Geo Needler Will Brag. Ioh Nichols Geo Cooe Will Carefield Peter-Bird Tho Agar The Oath administred touching the Court of Common Pleas to the inquest of Attournies in Feb. 1627. YOu shall well and truly according to your knowledge give true information to his Majesties Commissioners for inquiry after exacted Fees and innovated Offices what Offices and places were usually held kept and executed in the tenth yeare of the raigne of the late Queene Eliz. or at any time since in the Court of Common Pleas. You shall well and truly according to your knowledge give true information what offices and places have been since the eleventh yeare of the said late Queene invented innovated designed ordained or erected by Judges Justices or other chiefe Officers in the same Court and not granted or mentioned to be granted by Letters Patents under the great Seale of England And what Rewards Fees Summe and Summes of money were in the said eleventh yeare of the said late Queene Eliz. or at any time since usually or accustomably taken received or had by the Judges Counsellors Practisers or Officers or their Deputies or other Ministers Clarkes Registers or Attournies in the same Court And what Rewards Fees and Summes of money under colour or by name of Fees Rewards Gratuities Clarkes paines post Term. post diems Expedition or the like have since the said eleventh yeare of the said late Queene Eliz. been set imposed raised advanced encreased incroached or taken into the said Court and of the particularities grounds or reasons thereof with all other incidents and circumstances touching the promisses And whether have you any Rolls Warrants Records Orders Tables Bookes Entries or other Notes or Writings in your custody whereby the truth in the premisses may be the better found out and discovered Or doe you know where any such Rolls Warrants Records Tables Orders Bookes Entries of other Notes are or have been or with whom they now remaine So help you God Ex officio per Edm. wodax cler commiss The Custos Brevium his Fees These Fees following are the Fees which are taken by Sir Thomas Spencer Custos Brevium of his Maiesties Court of Common Pleas and his Clarkes in right of his said Office and as they were taken 11. Eliz. by the then Master of the said Office and his Clarkes INprimis for filing any Writ or other Record comming after the day of the retourne thereof except Writs of priuiledge de veneundo redeundo and also Writs of priviledge called propr or post diems iiii d. Item For filing any Writ or other Record except before excepted comming after the Terme wherein it was retournable called a post diem Term. xx d. Item For filing any Writ or other Record comming after two Termes called post Termin for every Terme after xx d. a piece except Exigents and Outlawries which pay but only xx d. a post Termin be they never so long after quia pro Dom. Rege xx d. Item For the search of any Writ or other Record being under five yeares for every retourne v. d. except such Writs as where the whole Terme is used to be filed together which pay only v. d. a Terme out of which they allow to the Bag-bearer v. d. Item For the search of any Writ or other Record of five yeares antiquity and under ten yeares called a Temple search for the first retourne ii s. ix d. and for every retourne after v. d. except such Writs as where the whole Terme is used to be filed together which pay likewise for the first Terme ii s. ix d. and for every Terme after v. d. out of which Temple search there is allowed to the Clarke iiii d. and to the Bag-bearer v. d. ii s. ix d. Item for the search of any Writ or other Record of ten yeares antiquity and upwards called a Westm search for the first Terme ix s. ix d. and for every Terme after v. d. except such Writs as where the whole Terme is used to be filed together which pay only v. d. a Terme out of which West search there is allowed to the
above ii s. 4. d. For the allowance of a writ of Error upon a judgement xx s. For Baile taken in case of debt after judgement xii s For the allowance of a writ of Error upon a judgement upon a Scire fac and Outlarie after judgement xxxv s. For making the Roll that a writ of Error is allowed on ii s. iii. s. For a Supersid For the transcript of a Record being a Proces 6. s. 8. d. 6. s. 8. d. 14. s. 9. d For every proces more For the retourne of every Certiorar For the seale of every Record of Nisi prius ii s. i. d. For the seale of every Writ sealed in Court i. d. For the seale of every Exemplification ii s. ii d. The Fees following are due to such of the Iudges who doe performe the businesse FOr acknowledging of a Fine or warrant of Attorney for a common recoverie out of Court 6. s. 8. d. For signing every writ of priviledge to remove any cause Habeas corpus procedendo or Supersid upon a Procedendo iv s. For every Baile taken out of Court upon any such writ of priviledge wherein one cause only is retourned ix s. 8. d. For every cause more ii s. For the confession of a judgement out of Court 9. â— 8. d. For every Phillizers Baile and other Baile taken out of Court 9. s. 8. d. For acknowledging satisfaction out of Court 9. s. 8. d. For acknowledging out of Court a Deed to be inrolled 9. s. 8. d. For admission of a Guardian out of Court 9. s. 8. d. For the proofe of a suggestion out of Court for every witnesse 9. s. 8. d. For a warrant for passing of a Fine where there are more than three Cognizors or three Cognizees parties to the Fine iiii s. For every Affidavit taken out of Court upon a forraigne Plea or Rescous ii â— For any other Affidavit taken out of Court viii d. For exhibiting of an Information out of Court viii d. For signing a Bill of costs to award an Attachment for not appearing upon a Subpoena viii d. For granting a Licence to compound upon a penall Law ii s. For assessing of the Kings part of a forfeiture upon a penall Statute after composition with the Informer ii s For the commitment out of Court of a prisoner to the Fleete charged with one cause only 9. s. 8. d. For every Baile taken out of Court upon an Outlarie in debt upon meane proces reversed if the same be xx l. ii s. iv d Divident Fees These Fees following are due to the Lord chiefe Iustice and the other Iudges of the Court of common Pleas by way of Divident FOr confessing of a Judgement in Court vi d. For acknowledging satisfaction in court if the debt or damage doe not amount unto 100. l. vi d. If the debt or damage doe amount to 100. l. xii d. and for every 100. l. after the same rate xii d. For admitting an Infant in court to his Guardian xii d. For reversing an Outlarie in Court for error in the Exigent or retourne xii d. For the like for the insufficiency of the Proclamation or retourne or for want of a Proclamation ii â— For every common Recovery acknowledged in Court vi d. vi d. For a Fine acknowledged in Court For a Baile taken in Court or a Baile or Recognizance acknowledged in Court xii d. For a deed acknowledged in Court to be inrolled for a discontinuance xii d. 9. s. 8. d. For a Prohibition granted For every wager of Law or Nonsuit upon a wager of Law vi d. For admission of an Attourney to be an Attourney of this court xx â— The Puisne Iudges Fees FOr every Fine drawne at the Bar xii d. For a Recovery drawne at the Barre with a single Voucher xviii d. vi d. iiii s. vi s. 8. d For every Voucher more For reversall of an Outlary in court For taking of a privy Verdict For taxing of costs upon every Verdict From the Clarke of the Warrants every Terme to every of the puisne Judges For every Attourney whose name is recorded in the Roll of Attournies every Terme iiii d. For inrolling and examining the parts of a Fine and Writs upon common Recoveries by the Stat. 23. Eliz. vi â— For the Exemplification and examination of the parts of a Fine and VVrits upon common Recoveries by that Stat. v. â— For drawing and entring a rule for an amendment upon that Stat. xii d. For a search made upon the inrollment upon that Stat. iiii d. For a copie of a Fine or Writs inrolled upon common Recoveries inrolled by that Stat. for every sheete iiii d. For the retourne of every writ of Covenant brought to levy a Fine upon x. d. For the retourne of every writ of Entry to suffer a common Recovery every writ of Summons and Seizin thereupon x. d. An ancient Fee of vi s. viii d. for signing of a Dedimus potestatem due to the Judges of any Court who doe assigne the same which is now and of late hath been divided amongst all the Judges that ride the Circuits 6. s. 8. d. These Fees following are due to the Clarkes of the Lord chiefe Iustice and other the Iustices of the said Court TO the Judges Clarke of the Fines for taking of a Fine or warrant of Attourney iii. s. 4. d For certifying of a Fine or retourne of a Dedimus potestatem xvi d. To the Judges Clarke of Bailes for taking every Baile xii d. For entring every caveat to give notice that good Baile may be taken xii d. For satisfaction acknowledged out of Court xii d For a Deed acknowledged out of Court to be inrolled xii d. For the proofe of a suggestion out of Court for every witnesse xii d. iiii d. For an Affidavit taken out of Court For entring into his Booke an Information exhibited out of Court iiii d. For entring into his Booke of costs a warrant signed to award an attachment for not appearing upon a Subpoena iiii d. For entring into his booke a licence so compound upon a penall Law iiii d. For entring into his booke the Kings part of the forfeiture upon a penall Law assessed by the Iudges after composition with the Informer vi d. For entring into a Booke a commitment out of Court of a prisoner to the Fleete charged with one cause only xii d. To the puisne Iudges Clarke of the Inrollments for copying inrolling and examining the parts of a Fine and Writs upon Recovery by the Statute 23. Eliz. 8. s. 4. d. For a search made for an inrollment upon that Stat. viii d. For writing of a Fine or Writs inrolled upon a common Recovery inrolled by that Stat.
de Privato sigillo wolseley A Table of the Fees due unto the Six-Clarkes of the Kings Court of Chancery FOr all first second or other Copies of all Bils Answers and other pleadings whatsoever as also of all Certificates and Examinations made or taken by vertue of any Commission out of this Court and of the interrogatories therewith retourned and also of all Declarations or proceedings by English Bill or according to the course of the common Law and for copies of Records Rolls or Evidences brought in to be copied or remaining in the said Court for every leafe of viii d. paper containing fifteen lines For the inrolling of all Warrants whereby any Patents Commissions Licenses Pardons Leases or other Graunts whatsoever doe passe by and under the great Seale after the rate for every skin so passing the great Seale xx â— For the â—nrolling of all warrants for all Commissions of peace for Gaole delivery for a liberty for Oyer and Terminer for Piracies for the preservation of the game of Swans and for Commissions of enquiry sued out for the benefit of any private person for every of the said Commissions xx d. For the inrolling of all Warrants for all Commissions of appeale and for the Admiralty for every one of them 3. s. 4. d. For the inrolling of every warrant for every ordinary Licence or pardon of alienation 3. s. 4. d. But if it bee of more then ordinary length then according to the length after the rate of xx s. the skin and not above For the inrolling of all Warrants for all Commissions in the nature of Writs of Diem clausit extremum mandamus devenerunt quâ— plura ideotae proband â—unatico inquirend melius inquirend for every of them 3. s. 4. d. For the inrolling of the warrants for every Patent or graunt of the custody of any Ward 6. s. 8. d. For the inrolling of the warrants for every presentation donation or revocation to any Rectory Vicaridge Deanery Archdeanery Chancellorship Treasurership or dignity to any Metropoliticall Cathedrall or Collegiat Church or for any Canonship or Prebend in any of the said Churches or for the Mastership of any Hospitall or other Ecclesiasticall living or for the grant of any presentation or presentations pro unica vel pluribus vicibus thereunto 3. s. 4. d. For the inrolling of the warrants for every Mandamus ad installand 3. s. 4. d. For the inrolling of all warrants for all Licenses for Wines for every life 3. s. 4. d. Or such Fee not exceeding that proportion as by the Lord Chancellour or Lord Keeper shall be set downe and by an order lately made by the right Honourable the Lord Keeper that now is there is but vi s. viii d. paid although it be granted for their lives or more For the inrolling of the warrants for every pardon of Outlawrie 3. s. 4. d. For the inrolling of the warrants for every denization or commission of Bankrupts 3. s. 4. d. For the writing of every Exemplification aswell of Records in the Tower as of any Record whatsoever being in their custody after the rate of every skin 26. s. S. d Of every Client for every Terme hilest his cause dependeth undetermined by decree or dismission the termely fee of 3. s. 4. d. If there be twenty Plaintifes or more in one Bill they all pay but one Fee for one Terme 3. s. 4. d. But for every three Defendants accounting the husband and the wife but for one person there is the Fee of iii. s. iiii d. due for their first appearance And upon the first appearance if every Defendant appeare severally by himselfe he is to pay the fee of iii. s. iiii d. but every Terme afterwards during the continuance of the cause there is only the Fee of iii. s. iiii d. the terme to be paid for all the Defendants that appeared in any Terme or Vacation before in the same cause For every Attachment and attachment with Proclamation which is made in their offices aswell renewed as other unlesse the renovation grow by occasion of the default of the Clarke ii s. For every commission of rebellion renewed or otherwise unlesse the renovation be by the like default of the Clarke viii s. ii s. For the inrollment thereof And for the inrollment of every commission of Rebellion issuing out of the Court of Starchamber ii s. For the inrollment of every liberate and allocate 3. s. 4. d. For every Commission aswell renewed as other to take an answer to heare and determine or to examine witnesses either beyond the Seas or in any place or part whatsoever of England Scotland or Wales unlesse the renovation be occasioned by some defect in the former Commission occasioned by the default of the Clarke and not of the Client the summe of 6. s. 8. d. And if the Commission to examine witnesses bee joynt then to each attorney 6. s. 8. d. 6. s. 8. d. And if it be ex parte then but one For every Commission upon any order of the Court aswell renewed as other unlesse the enovation be by the like default of the Clarke x. s. For every writ of Execution upon any Order 6. s. 8. d. For ingrossing every Bill in Chancery hand wherein answer is to bee made by Commission for every leafe vi d. xxxiii â— iiii d. For drawing and inrolling of every decree and dismission respectively And neither they nor their Clarkes to take any further Fees xxvi s. viii d For every writ of Execution upon a Decree after the rate for every skin For the writing of every Sheriffes patent and for the writ of assistance writ of Discharge commission to take the Sheriffes oathes the Attournies Fee as also for the warrant of Attournie and the writing of the two oathes 30. s. 8. d And for the ten divided Counties mentioned in the acts of Parliament made in 8. 13. Eliz. to cleare all future mistakings or doubts they shall for the time to come take but halfe so much as for other Counties whatsoever hath been used heretofore and neither they nor their under-Clarkes are to take by any colour any other Fee for Sheriffes Patents then aforesaid The like Fees for every English Escheator saving for the warrant of Attorney 30. s. 4. d For the drawing and ingrossing of every Injunction the Fee 13. s. 4. d But the inrolling of Injunctions is of little use and needlesse except only in speciall Cases when the Court shall appoint them to bee inrolled and then it is to be done without any new Fee For every Supersid for the discharge of any commission or other writ made in any of the six Clarkes offices 6. s. 8. d. For every Supersid of priviledge pro venientibus vel redeuntibus ad vel a Cancellar 6. s. 8. d For every speciall Certiorar or procedendo corpus cum causa or
habeas corpus 6. s. 8. d. For every baile upon every writ of corpus cum causa or matter of priviledge ii s. For all manner of Certiorar and procedend of course ii s. For every Recognisance or Bond made to the Court ii s. The six Clarkes are to present their Clients causes which are to bee heard either in Court or at the Rolls but neither they nor their under Clarkes nor any other are to take any fee or reward at all therefore but to rest content with their Fees allowed in this table of Fees Ordinances made by Thomas Lord Coventry Lord Keeper of the great Seale of England with the advise and assistance of the right honourable Sir Iulius Caesar Knight Master of the Rolls in the Terme of S. Michael the Archangel in the eleventh year of the raigne of our Soveraigne Lord King Charles for the redresse of sundry Errors Defaults and Abuses in the high Court of Chancery 17. Novemb. 1635. 1. THat Bills Answers Replications and Rejoynders bee not stuffed with repetition of Deeds or writings in haec verba but the effect and substance of so much of them only as is pertinent and materiall to be set downe and that in effectuall and briefe termes that long and needlesse traverses of points not traversable nor materiall causelesse recitals tautologies and multiplication of words and all other impertinencies occasioning needlesse prolixity be avoided and the ancient brevity and succinctnesse in Bils and other pleadings restored and upon any default herein the party and counsell under whose hand it passeth shall pay the charge of the copie and be further punished as the case shall merit 2. When the Defendants have answered the Plaintiffes and their counsell are seriously to advise of the answers and if they finde that upon the answer alone without further proofe there be sufficient ground for an order or decree to proceed upon the answer without further lengthening the cause or if it be needfull to prove one or a few particular points to reply unto those points and not to draw into pleading or proofes any more than those necessary points thereby making long bookes and putting both sides to unnecessary charges the defaulters herein to be punished by paying the charge of the copies or otherwise as the cause shall require 3. That interrogatories for examining witnesses be drawne only upon points materiall and not upon matters which are either consessed in the pleadings or are impertinent and needlesse to be proved That the articles which are usually thrust into the beginning of every Schedule of interrogatories as it were of forme or course touching the witnesses knowledge of parties plaintiffes or defendants of the lands towns places in the pleadings and the like be not so needlesly used as they are but if for crosse examining any witnesse or for other speciall reason it shall be necessary to minister any such question every man is left at liberty to doe therein as much as shall be pertinent and needfull in a dâ—e and sitting place and if any shall offend against this the party and such as drew the interrogatories shal be punished by paying as much as the other side is by that meanes over-charged in copies and further as the case shall merit 4. When the parties are at issue and doe proceed to examination of witnessâ—s either in Court or by Commission as the interrogatories are to be pertinent and materiall so the witnesses are to be sorted by those that produce them that they may be examined upon such interrogatories as are proper and sit for them and not to examine a multitude of witnesses upon a multitude of questions altogether unknown to them as it is too frequently done upon paine that where any grosse abuse or default herein shall bee made appeare to the Court the defaulter shall pay as much as the other side is by that meanes overcharged in copies and shall be further punished if the Court see cause 5. When a Commission is awarded to examine witnesses if by the default of him that hath the carriage of the Commission or his Commissioners nothing is done he shall beare all the charge that the other side was put unto about that Commission either for Fees of Court bringing or entertaining Commissioners or witnesses or otherwise to be ascertained by the oath of the party or of him that disbursed the money for him and shall renew the Commission at his own charges 6. When a Commission is awarded to examine witnesses and the one side produceth and examineth all his witnesses and the other side doth not but pray a new Commission if it be granted he shall beare as the charge of the renewed Commission both in Court and in the Countrey as well for the charge and entertainment of his owne Commission as of the Commissioners of the other side and the other side shal be permitted to crosse examine the witnesses produced by him that reneweth the Commission but if he will examine any other witnesses of his owne then he shall beare his owne part of the charge the charges herein mentioned to be ascertained by the oath of the party or of him that disbursed the money for him 7. He at whose instance a Commission to examine witnesses after a former Commission executed and returned is once renewed and he by whose default or by default of his Commissioners a former Commission was not executed and thereupon it is renewed shall at his perill examine all his witnesses by that renewed Commission oâ— examine them in Court by the end of the Terme wherein that renewed Commission is retournable without any more or further delay 8. When witnesses are examined in Court upon a Schedule of interrogatories there shall be no new interrogatorie put in to examine the same witnesses but the witnesses shall be examined only upon such interrogatories as were exhibited before the witnesses to be examined were sworne neither shall any witnesses be examined in Court after the day of publication though they were sworne before so as a copie of the rule of publication be delivered to the examiner whereby he may take know ledge of the publication 9. When witnesses are examined in Court they shall perfect and subscribe their depositions unto such interrogatories as they have answered before they depart from the Examiner or his deputy and shall not be permitted to make any alterations thereof at any time after without leave of the Court unlesse it be in some circumstance of time or the like or for making perfect of a summe upon view of any deed booke or writing which the witnesses shall shew to the Examiner before hee admit of such alteration 10. The six Clarkes who are the only Attournies in this Court ought to informe themselves continually of the state and proceedings of their Clients Causes whereby they may be able to defend their Clients and to give account to the Court as the Attournies in all other Courts doe and not to leave the
attendance which cannot but draw great charge 18. If the Case be such as the Master cannot proceed in the absence of either party or his Counsell without just cause absenting the Master is presently to certifie the Court of the default that the defaulters may be punished by Commitment Costs or otherwise as the cause shall merit and if the Master doe use or willingly admit any grosse delay the Reference is to be removed and the Master rebuked by the Court. 19. The Masters of the Court are not upon the importunity of Councell or Clients to make speciall Certificates of matters wherein the Court expects an opinion from them nor are to doe it but where their owne judgements in respect of difficulty leadeth them to it it occasioning for the most part a needlesse trouble to the Court and both delay and expence to the party 20. No Reference shall be to a Master whether an injunction shall bee granted or not but the same to passe upon the opinion and judgement of the Court but if the Court thinke the matter informed sufficient for an injunction but is doubtfull of the truth any point of the information The Court when it cannot otherwise be fitly done may be certified thereof by a Master who is then to certifie not only whether the information be in substance true but if there appeare other matter to confesse and avoid or otherwise ballance that information he must not conceale it but give the Court a cleare and true information 21. No References are to be made either to Masters or others unlesse it be by assent on both sides to heare and determine the cause upon all the proofes or otherwise but when the Court hath heard it and reduced it to particular points specially if these points have relation to Accompts or matter of that nature the Court may fitly leave such to be reduced to certainty by a Master 22. The Register shall within tenne daies after the end of every Term certifie to the Lord Keeper what References depend in the hand of any Master and how long they have depended that if any of them have depended overlong the Court may require an account thereof from the Master and quicken him to a speedy dispatch 23. When a Master certifieth the sufficiency or insufficiency of an Answer Plea or Demurrer if either party rest not in the Report but trouble the Court to determine it if the Masters Report be confirmed he that opposeth it shall not pay double costs 24. Where the Masters of the Court doe sometime by way of inducement fill a leafe or two of the beginning of their Reports and sometimes more with a long and particular recitall of the severall points of the orders of Reference they shall forbeare such iterations the same appearing sufficiently in the orders and without any other repetition then thus According to an order or by direction of an order of such a date shall fall directly into the matter of their Report setting downe the same clearely but as briefly as they can for the ease both of the Court and the parties 25. That Counsellors be carefull what motions they make and especially that they move not for any thing which may be had of course without motion nor for such thing as cannot be granted as being a constant rule of the Court or common Justice nor yet for such things as being granted serve for little or no purpose And before they move the Court they be sure to be well informed and instructed lest iâ— the orders obtained by them upon misinformation to be after avoided their Clients or themselves bee deservedly punished with costs or otherwise 26. When orders be made especially if it be upon hearing of Councell on both sides or after day to shew cause given and none shewed there being a timely notice both sides are to rest in it without troubling the Court with new motions to crosse it unlesse the Counsellour that moves it be sure that the matter he hath to crosse it be weighty and important and will be well proved upon the motion such as shall doe the contrary are to be punished with good costs and otherwise as the Court shall finde cause 27. That no Counsellour put his hand to a Bill Answer or other pleading unlesse it be drawne by himselfe or at least perused by himselfe in the paper draught before it be ingrossed and that the Counsellour that puts his hand to any such shall be answerable for all things therein either against these orders or any other the orders or rules of the Court except only such things as are not to be misliked but for untruth for which the Client if he informed it or such as caused it to be put in without his warrant or information shall be answerable 28. If any Counsellours shall presume to move for one in forma pauperis that is not so admitted and shall under that pretence move a second motion the Register shall enter neither of his orders but shall within foure daies acquaint the Lord Keeper or Master of the Rolls with the abuse that he that did it may be condignely punished 29. Counsellours before they take on them to informe by motion or otherwise that any thing is contained in the Bill Answers Pleadings Proofes published or in any Deeds or Records ought to be carefull in perusing the same themselves and not to rest upon the information of the Client oâ— his Sollicitor who cannot so well judge of them and whose part it is to produce those things unto the Counsellours but it is the Counsellours part to direct how far forth the same are to be pressed or urged to the Count and they are to sustaine the blame or punishment if either wittingly or negligently for want of reading or perusing they abuse the Court therein 30. For avoiding a multitude of idle petitions drawne by persons altogether ignorant of the orders and course of the Court or the true state of the petitioners businesse that petitions before they be presented to the Lord Keeper or the Master of the Rolls be shewed to that six Clarke who is the petitioners Attourney in Court or to his and by him approved and subscribed for which no Fee shall be taken and this is not to be understood of petitions advised and signed by Councell nor petitions containing any matter of complaint against the Attourney or his under-Clarke 31. All the Clarkes of this Court in copying ingrossing inrolling or other writing shall doe the same fairely orderly and Clark-like not doing it wastfully nor in lesse Skins or Rolls of parchment or leaves of Paper then ought to be thereby increasing their owne and their Masters profit or the Subjects charge and if the Master of the Office upon complaint to him doe not doe right therein the Lord Keeper or the Master of the Rolls shall punish both the Master and the Clarke and yeeld recompence to the complainant upon complaint made to either of them within two Termes after the offence done Novemb. 17. 1635. Tho Coventry C. S. Iul Caesar