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A09900 The attourneys academy, or, The manner and forme of proceeding practically vpon any suite, plaint or action whatsoever, in any court of record whatsoever, within this kingdome : especially in the great courts at Westminster, to whose motion all other court of law or equitie ... are diurnally mooued : with the moderne and most vsuall fees of the officers and ministers of such courts / publisht by his Maiesties speciall priuiledge ... [by] Tho. Povvell. Powell, Thomas, 1572?-1635? 1623 (1623) STC 20163.5; ESTC S124370 102,508 306

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fol. 198. 199 200. CLERKE OF THE PEACE FEes belonging to the Clerke of the Peace with the businesse of his Office and the manner of proceeding at Sessions wherein in one place viz. pag. 205. in stead of Clericus Custodis Rotulorum pacis It is printed Clericus Clerici Rotulor c. fol. 201. 202. 203. 204. 205. CLERKE OF THE ASSIZE THe Clerke of the Assizes his Fees in his Office fol. 206. 207. THE ARCHES THe charge of prouing a Will the Inuentory being forty pounds and not aboue fol. 208. THE COVRT OF WARDS INstructions how you are to sue forth a Lunaticke 209. 210. 211. Here is who deliuers for which deliuers fol. 212. linea 6. Instructions how you are to passe a Ward fol. 212. 213. 215. The charges of obtaining and passing of a Ward fol. 215. 216. THE HIGHEST COVRT OF PARLIAMENT WHereupon all the Positiue Law of the Land doth consist fol. 218. Who keepes all the Acts of Parliament fol. 219. What are the Parliament businesses fol. eod The large power of Parliament and how binding it is fol. 220. Who bee called to the Parliament and by what reason or duty and how they be called fol. eod to the end What time of Summons they vse to haue fol. 220. How the Proctors of the Clergie bee elected and how many of them are called by Writ c. fol. 221. Reasons to proue that the Conuocation house is no member of the Parliament House fol. eod The Seruices of such as come hither by reason of Office fol. 222. The Allowances of the Knights Burgesses And Barons of the Cinque-Ports per Diem and how they may recouer it fol. 223. Who must pay the Fine of the fore-named persons fol. eod What Fines euery of them is to pay vpon their default in not appearing fol. 224. What course the King may take if all the Lords be absent according to opinion fol eod The Officers here and their places fol. eod How the Speaker is appointed fol. 224. What Proclamations are fol. 225. The power of Proclamations with the paine of him that doth breake the same fol. eod The Office of an Eschetor fol. 226. What may be found by vertue of Writ and what by Office of Eschetor as he is a Commission of himselfe fol eod THE DVCHY COVRT WHat pleadings the Duchy Court holdeth fol. 227. The Iudges heere fol. eod Who keepes the Rolles fol. eod Who keepes the Leases Grants and charge of the Duchy Lands fol. 227. 228. The Auditors and Surueyors of the Duchy Court fol. 228. The Authors Request touching the defeat of Clyents causes by their owne counsailes default fol. 229. 230. THE OATH WHICH AN ATTOVRNEY WAS ANciently wont to take vpon his Admission being now disused And in stead thereof the Oath of Allegeance is only ministred howsoeuer both would doe better YOv shall doe no Falshood nor cause any ●… bee done in the Court And if you ●…ow of any to be done you shall giue knowledge ●…hereof to my Lord chiefe Iustice or some of his brethren that it may be reformed you shall d●…y no man for Lucre or Malice Nor shall increase any Fees but be content with the old Fees accustomed You shall pleade no Forraigne Plea Nor sue any Forraigne Suite vnlawfully to the hurt of any man But you shall sue such onely as shall stand with the order of Lawe and a good Conscience You shall seale all such Proces as you shall sue out of this Court with the Seale thereof onely and see the Kings Maiestie and my Lord chiefe Iustice discharged for the same You shall not wittingly sue or procure to be sued any false Suite or giue aide or consent to the same on paine to be expulsed the Court for euer And further you shall beare your selfe honestly and vprightly in the Office of an Attourney of the Court according to your best Learning and Discretion and as good Conscience bindeth you So help you God c. NOVV I bring the Returnes themselues home in the Rere of my Booke as being the only Leaders of Attourneies proceedings and the Practice being past before they offer themselues in the last place beeing most markable and ready to euery hand as occasion may require The foure Termes with their Returnes Hillary Terme beginneth Ianuary 23. and endeth February 12. Returne Dayes or Essoyne Dayes Exception day Returna Breuium Appearance dayes Octabis Hill Ian. 23. Ianu 24. Ianu. 25. Ian. 26. Quind Hill Ianu. 27. Ianu. 28. Ianu. 29. Ian. 30. Crast. Purif Febru 3. Febru 4. Febru 5. Febru 6. Octab Purif Febr. 10 Febru 11. Febru 12. Febru 13. Easter Terme begins April 30. and endeth May 26. Quind Pasch Apr. 30. May 1. May 2. May 3. Trees Pasch. May 5. May 6 May 7 May 8. Mense Pasch. May 12 May 13 May 14. May 15. Quinq Pasch. May 19. May 20 May 21. May 2●… Craft Ascen May 23. May 24 May 25. May 26. Trinity Terme begins Iune 13. and endeth Iuly 2. Cra●… Trin. Iune 9. Iune 10. Iune 11. Iune 12. Octab. Trin. Iune 16. Iune 17. Iune 18. Iune 19. Quind Trin. Iune 23. Iune 24. Iune 25. Iune 26 Tres Trin. Iune 30. Iuly 1. Iuly 2. Iuly 3. Michalemas Terme begins October 9. and endeth Nouember 28. Octab. Mich. Octob. 6. Octob. 7. Octob. 8. Octob. 9. Quind Mich. Octo. 13. Octob. 13. Octob. 15. Octob. 16. Tres Mich. Octob. 2●… Octob. 21. Octob. 22 Octob. 23. Mense Mich. Octo. 27. Octob. 28. Octob. 29. Octob. 30 Crast. anim Nouem 3. Nouemb. 4. Nouemb. 5. Nouemb. 6. Crast. Mart. Nouem 12. Nouemb. 13. Nouemb. 14. Nouemb 15. Octab. Mart. Nou. 18. Nouem 19. Nouemb. 20. Nouemb. 2●… Quind Mart. Nou. 25. Nouem 26. Nouemb. 27. Nouemb. 28. The Law-Dayes in the Courts of Arches Audience Prerogatiue Consistory Delegats Admiralty In Hillary Terme S. Hillary 13 Ianuary S. Wolston 19 Ianuary Conuersio S. Pauli 25 Ianuary S. Scholastic 10 February S. Valentine 14 February In Easter Terme Quind Pasch. 28 Aprill S. Gordian 10 May. Ascension day 22 May. In Trinitie Terme Corpus Christi 12 Iune S. Buttolph 17 Iune S. Iohn Baptist 24 Iune S. Paul 30 Iune In Michaelmas Terme S. Faith 6 October S. Edward 13 October All Soules 2 Nouember S. Martin 11 Nouember S. Edmund 20 Nouember And when and where their seuerall Courts are seuerally and respectiuely kept you shall reade in the common Almanacke at large FINIS Cum tonat ocyùs Ilex Sulphure discutitur sacro quam tuque Domusque T. P.
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 ●…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