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
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
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
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
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
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
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
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
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