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
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
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
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