Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	bring_v	court_n	record_n	1,413	5	9.4489	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

determined by forfeture surrender or other lawfull meanes And Bond must bee put in by the party who prayeth the possession of the penalty of tenne pound with condition that this Information aforesayd is true Item that all Iniunctions granted for the stay of Suites at the common Law shall haue this clause and conditon contained in them viz. That the same Suite desired to bee stayd is for and concerning the same matter depending in this Court and as we begunne at the common Law after the Bill exhibited into this Court and that Bond be put in as aforesayd Item That no speeiall Certiorare doe passe without Bond first giuen on the behalfe of the party who desireth the same with condition That the Bill exhibited containeth matter sufficient to beare a Certiorare And that hee shall proue the contents of his Bill to be true within fifeteene dayes after the returne of the Writ according to the Order and course of this Court And that vppon the granting of euery Procedendo the Bond aforesayd be remembred to the Lord Keeper Termino Trinitatis Anno Regni Eliz. Reg. Septimo IT is ordered that all Suites for no more then sixe acres of Land or lesse except the same bee worth forty shillings by the yeare And all Suites for matter vnder the value of tenne pounds shall be dismissed this Court for such cause onely proued And this Court shall not retaine any such But the party who bringeth the same hither shall pay costs to the defendant as this court shall award Termino Michaelis Anno Regno Eliz. Reg Septimo IT is Ordered that all Processe to heare Iudgment bee returnable sixe or seauen dayes before the day of Hearing and not aboue sauing in the beginning of the Terme when the time will not permit so long warning And the said Writs must bee endorsed on the backside with the very day appoynted for the hearing of Iudgment And soe much for that Terme By the generall custome and ancient vsage of this Court all Bills shall be retayneable here in case where the Equity of the cause requireth and beareth it And wherein the Common Law doth affoord no releife but rather pressure and rigiour After Publication once had the Complainant may procure a day of Hearing of course by such an one of the sixe Clerks as dealeth for him And he may at the end of the Terme when the Lord Keeper setteth downe the dayes of Hearings procure his hearing to bee set downe amongst those assigned for the next succeding Terme This was wont to bee the ancient course of procuring of Hearings howsoeuer it was lately dis-vsed And as I take it the same is now restored againe to the good contentment of all Suitors in this Court The Order of Proceeding against such as refuse to obay his Majesties Iniunctions proceeding and issuing out of the Court of Chancerie FOr the breach of an Iniunction there bee commonly three punishments viz One that the Contemptor shall not bee in all the principall cause till hee haue fulfilled the Iniunction in euery poynt Another that hee shall not bee committed to Ward in the meane time And there continue till he doe conforme himselfe and become obedient to the Iniunction The third that hee shall fine to the King for his Contempt as the Lord Keeper or Lord Chancellour for the time being shall please to award And the Lord Keeper or Lord Chancellour may depense heerein as they shall finde cause and reason Item If the Contemptor do not appeare vppon sight of the Iniunction or not obey the same but doth commit some Act in contempt or neglect thereof Then vpon an Affidauit made of the seruing of the sayd Iniunction There shall bee awarded an Attachment against the sayd Contemptor c. as in the case of Proces before mentioned and declared Item If the Contemptor doe appeare and hath not fulfilled and performed the Iniunction and yet at his comming doth offer to fulfill it alleaging that hee cannot do it here conueniently Then the Lord Keeper or Lord Chancellor vseth to appoint him a certaine day within which hee must doe it And so vppon Bond taken of him with Sureties who are to vndertake in case his owne security be not held sufficient that hee shall performe the Iniunction within the time giuen or at the day to render his body to prison there to remayne till he hath fulfilled the same Hee may be licensed to depart What I haue hitherto set downe is desumed and collected out of the ancient Forme of practice and Orders of this Court of Chancery I shall now deliuer the orders and practice of latter times most of which are agreeable with the former some are de nour ordayned and all are subiect to addition or alteration as the Court shall thinke fitting and done Salua Prerogatiua Curiae The Moderne Orders and Ordinances of Chancery follow Affedauits NO Affedauit shall be admitted or taken which shall tend to the proofe or disproofe of the Title or matter in question or touching the merits of the cause Neyther shall any such matter bee colourably inserted in any Affedauit to bee made touching the Seruing of Proces No Affedauit shall bee taken against Affedauit so farre as the Master of Chancerie can discerne or take knowledge c. If any such bee taken The latter shall not bee vsed or read in Court Contempts IN case of Contempts granted vppon force or ill words vsed vpon seruing of Proces Or other words of Scandall proued by Affedauit the party is forthwith to stand committed But for other Contempts against the Orders or Decrees of the Court First an Attachment goes foorth vpon Affedauit made Then the party is to be examined vppon Interrogatories and His examination is to bee referred And if vpon examination hee confesse matter of Contempt he is to bee committed If hee confesse it not The Aduerse party may examine VVitnesses to proue the Contempt And if the Contempt appeare vppon proofe the contemptor is to bee committed therefore But if the Aduerse party fayle to prooue the sayd Contempt Or fayle to put in his Interrogatories or other prosecution Then the partie charged with the Contempt is to bee discharged with good costs They that are in Contempt especially so farre as Proclamation of Rebellion are not to bee heard neyther in that suite nor in any other except the Court of speciall grace suspend the Contempt Imprisonment vppon Contempts for matters past may be discharged of grace after sufficient punishment Or it may be otherwise dispensed withall in such case But if the Imprisonment bee for performance of any order of the Court in force Then the Contemplator ought not to be discharged except hee first obey Only the Contempt may bee suspended for a time Petitions NO Iniunctions Sequestration Dismissions Retainer vppon Dismissions or Finall Orders shall bee granted vpon Petitions No former Order made in Court is to bee altered crossed or explayned vppon any Petition But such Orders may be

reuersed altered or explained being once vnder the Great seale but vpon Bill of Reuiewe and no bill of Reuiewe shall be admitted except it be vpon error in Law appearing in the body of the Decree without farther examination of matters in Fact or he shal shew some new matter which hath risen in time after the Decree and not any new proofe which might haue bin vsed when the Decree was made Neuerthelesse vpon new proofe which is come to light since and after the Decree made could not possibly haue bin vsed at the time when the Decree passed a Bill of Reuiew may be granted by the speciall Licenee of the Court and not otherwise In case of mis-casting being a matter Demonstratiue a Decree may be explained and reconciled by an order without Bill of Reuiewe Where note that by the word Mis-casting is not intended any pretended Mis-casting or mis-valuing but onely errour in the Auditing or numbring No Bill of Reuiewe shall be admitted or any other new Bill to change matter decreed except the Decree bee first obtained and performed And if it bee for Land that the possession be yeelded If it be for money that the money be paid If it be for euidence that the euidence be brought in and so in other cases which stand vpon the strength of the Decree alone But if any act bee desired to be done which extinguisheth the parties right at the Common Law as making of Assurance or Release Acknowledging of satisfaction Cancelling of Records or Euidence and the like Those parts of the Decree are to bee spared vntill the Bill of Reuiewe bee determined But such sparing is to be warranted by publique Order made in Court No Decree shall be made vpon pretence of equitie against the expresse prouision of an Act of Parliament Neuerthelesse if the construction of such act of Parliament hath for a time gon one way in generall opinion and reputation and after by a latter iudgment hath beene controled Then Releife may be giuen vpon matter of equity for cases arising before the sayd Iudgment because the subiect was in no default Imprisonment for breach of a Decree is in nature of an Execution and therefore the custodie ought to bee straight and the party not to haue any liberty to go abroad but by speciall license of the Lord Keeper or Lord Chancellour being But no close imprisonment is to bee but by expresse order for willfull and extraordinary Contempts and disobedience as hath beene vsed In case of obstinate disobedience in the breach of a Decree an Iniunction is to be granted Sub poena of a summe and vppon Affedauit or other sufficient proofe of persisting in contempt Fines are to bee pronounced by the Lord Keeper or Lord Chancellour in open court and the same are to bee estrated downe into the Hannaper by speciall order In case of a Decree made for the possession of Land a Writ of Execution goeth forth and if that bee disobeyed Then Processe of Contempt according to the course of the Court is to goe forth against the person vnto the commission of Rebellion and then a Sergeant at Armes by speciall Warrant and in case the Sergeant at Armes cannot finde him Or he bee resisted Or if he vppon his commitment do persist in his disobedience an Iniunction is to be granted for the possession and in case that it also bee disobeyed Then a commission is to bee made to the Sheriffe to put his aduersary into possession Where the party is committed for breach of a Decree Hee is not to be enlarged vntill the Decree bee fully performed in all things which are to bee done presently But if there be other parts of the Decree to bee performed at dayes or times to come Then hee may bee enlarged by order of the Court entring into Recognizance with Sureties for the performance de futuro but not otherwise Where causes come to hearing in Court No Decree bindeth any person who was not serued with Proces ad audiendum Iudicium according to the course of the court Or did appeare gratis in the Court. No Decree bindeth any one that commeth in bona fide by Conveyance from the Defendant before the Bill exhibited And is made no party eyther by Bill or by Order But where hee comes in Pendente lite and while the Suite is in full prosecution and without any colour of allowance or priuity of the Court There regularly the decree bindeth But if there were any intermission of suite Or the court were made acquaynted with the conueyance The Court is to giue order vppon the speciall matter according to Iustice. VVhere a Decree is made for a Rent to bee payd out of Land Or a summe of money to bee leuied vppon the profits of Land There a Sequestration of the same Land beeing in the Defendants hands may bee granted vppon the Decree Where the Decree of the Prouinciall counsailes Or the Court of Requests or the like are by contumacy or other meanes interrupted There the Court of Chancery vppon a bill preferred for corroboration of the Decrees of that Iurisdiction shall giue remedy Where any cause comes to Hearing heere which hath beene formerly Decreed in any other of the Kings Courts of Iustice at Westminster Such Decree shall be first read and then this court shall proceede to heare the rest of the euidences on both sides Decrees vppon Suites brought after Iudgement shall containe no words to make voyde or weaken the Iudgement But shall onely correct the corrupt conscience of the Party And rule him to make Restitution of to performe other acts according to the equity of the cause Bill of Reuiewe DEcrees are not to bee reuersed altered or explayned beeing once vnder the Great Seale but vppon Bil of Reuiewe Bill of Reuiewe shall not bee admitted except the Decree bee first obeyed and performed No Bill of Reuiewe shall bee put in except the party that preferres it enter into Renognizance with Sureties for the satisfying of Costs and Damages for the delay if it bee ●…ound against him Reference Report NO Reference vppon a Demurrer or question touching the Iurisdiction of this Court shall bee made to the Maisters of the Chance●…y But such Demurrer shall be heard and ruled in the Court or by the Lord Keeper or Lord Chancellor himselfe For the confirming or ratifying of any Report No Order shall bee made without day to bee giuen by the space of a Seuen-night at least to speake vnto it in Court No Reference shall bee made to any Maister of the Court or any other Commissioner or Commissioners to heare and determine where the cause is gone so farre as to examination of Witnesses Except it bee in especiall cases of Parties neere in blood or of extreame pouerty Or by consent And generally References of the state of the cause are to bee sparingly granted except it bee by consent of the parties No Report shall bee respected in Court which exceedeth the Warrant of the Order of

shall bee presented euery Michaelmas Terme to the Lord Keeper or Lord Chancellour being In case of Suites vpon the Commission for Charitable vses to auoyd charge there shall neede no Bill but onely Exceptions vnto the Decree and Answere is to bee made forthwith thereunto and thereupon And then vppon sight and perusall of the Inquisition and the Decree brought vnto the Lord Keeper or Lord Chancelor by the Clerke of the Petty-Bagge His Lordship will giue order vnder his hand for an absolute Decree to be drawn vp Vpon suite for a Commission of Sewers the names of those that are desired to be Commissioners are to bee presented to the Lord Keeper or Lord Chancellour in writing And then his Lordshippe will send their names to some Priuie Counsellour or the Lieutenant of the Countie or some Iustice of Assize residing in those partes for which the Commission is prayed To consider of them That they be not put in for priuate ends And vppon the Returne of such opinion his Lordship will giue farther order for the commission to passe No new Commission for Sewers shal be granted while the first is in force except it bee vppon discouery of abuse or fault in the first Commissioners or otherwise vppon some great and weighty ground No Commission of Banquerupts shal be granted but vppon Petition made to the Lord Keeper or Lord Chancellour and the names of those that are desired for Commissioners shall bee presented therewithall Of which his Lordship will take consideration and alwayes ioyne some persons learned in the Law with the rest that shall be allowed yet so as care bee taken that the same persons allowed bee not too often vsed in such Commissions And likewise that Bond bee giuen with good Sureties of the penalty of two hundred pounds at least to prooue the partie against whom the Commission is sued foorth to bee a Banquerupt No Commission of Delegates in any case of weight shall be awarded but vppon Petition preferred to the Lord Keeper or Lord Chancellor who will name the Commissioners himselfe to the end that they may bee persons of fitting quality hauing regard to the weight of the Cause and the dignity of the Court from whence the Appeale is Any man shall be admitted to defend in forma pauperis vpon Oath But the Complaynants are ordinarily to be referred to the Court of Requests Or to the Prouinciall Counsailes if the case arise in their Iurisdictions Or to some Gentlemen in the Country except it be in some speciall cases of commiseration Or potency of the aduerse party Suites after iudgement must be brought according to his Maiesties Order beeing vppon Record Licences to collect for losses by Fire or by Water are not to be granted but vppon good Certificate And they are rarely to bee renued And they are euer to bee directed vnto the County where the losse did arise if it were by Fire and the Counties adjoyning vnto it as the case shall require And if it were by Sea Then vnto the County where the Port is from whence the Ship went and to some Counties adjoyning No Exemplification shall bee made of any Letters Patents inter alia with omission of the generall words Nor of Records made voyde or Cancelled Nor of the Decrees of this Court not Inrolled Nor of Depositions by parcells or fractions omitting the residue of the sayd Depositions Nor of Depositions in Court to which the hand of the Examiner is not subscribed Nor of Records of the Court not Inrolled nor fyled Nor of Records of any other Court before the same bee duely certified to this Court and orderly fyled heere Nor of any Record vppon sight and examination of any Coppy in Paper But vpon sight or examination of the Originall I will withall set downe the very words with which the Author concludes these last recited Orders because you may accordingly giue them extent dimension and valuation The Words are these viz. BEcause Time and Experience may discouer some of these Rules to be inconuenient And some other fit to be added hereunto Therefore his Lordship intendeth in euery such case from time to time to publish such Reuocations or Additions as they shall offer themselues Howsoeuer I take it there is not much alteration had in them it may bee there is some Addition But for the Roller side as vnto the making of Decrees and granting of Iniunctions which was heretofore exercised alike there as in Court or on the Lord Keepers side which I conceiue grew by the connexing of the Lord Keepers Office and Master of the Roles in the same person I cannot say how the case stands at this present hauing withdrawne my selfe now these seauen yeares past from any practice in the Lawes in any kind And because the Confirmation of Ordinances and by-Lawes made for the better gouernment of Societies Incorporate do for the most part passe through the hands of the Lord Keeper or Lord Chancellor for the time being according to the Statute of the nineteenth of K. Henry 7. Therefore and for that it is onely the path of a very few trauelliug in the Lawes I thinke good to write according to mine owne Practice therein as followeth IF a Corporation bee newly erected and is to haue also Ordinances de nouo made for the better gouernment of their Company or Body They must first make a perfect draught of them by aduice of Counsaile in a Paper-booke Your Counsaile would be both learned in the Lawes of the Land the Prerogatiue of the King the Subiects right and the Priuiledges Powers and Customes of the great body of the City or Towne corporate wherein you are sub incorporated as Brethren of a Trade Mystery or Occupation For any Ordinances made eyther against the Lawes of the Land or the Prerogatiue are not onely voyd in themselues but farther punishable in those who execute them notwithstanding any confirmation whatsoeuer And therefore commonly in all Patents and Charters of Incorporation there is a speciall clause of prouiso in this point and to this purpose And I doe heerein indigite at two manner of Ordinances vnder which the Commonalties of corporation do much grone and complaine their pressures The one is a presumption and intrusion vppon the Birth-right of a Free-borne Subiect viz the Imprisonment of their bodies for breach of an Ordinance of their company a thing most vnlawfull and vnreasonable and yet too frequently practized by too many of them For colour whereof I haue seene a Warrant Dormant lying in the Halls of some companies vnder which they subscribe the names of whom they list to commit and then deliuer him to an Officer who attends them at their Court for the purpose and so it is not pretended to bee their owne act but the will and commandement of a greater Magistrate Or an Intrusion vpon the Subiects Birth-right by denying him to seeke Law and Iustice before the King the Fountaine of Iustice in his Court at Westminster Or to set vp and

modo forma To an Action for Slande●… c. Non Cul. or Iustifie the words To an Action for detaining of Corne or any thing which should haue beene deliuered and for which there is no Obligation plead Non detinet Vpon Eiectment Non Eiecit Non Cul. Vpon Account Nunques Receptor pour Account rendre Vpon Administration Plené Administrauit Vpon a Demise Non demisit All which Pleas before mentioned are ge nerall ad oppositum THE generall issue in an Assise is Nul Dissesin Nul Disseisin All speciall Pleas here are pleaded vnder the hand of one of the Sergeants at Law No Attourney or Clerke of any Prothonotaries Office shall make vp any Paper booke whereunto any Sergeants hand is vnlesse he do first deliuer the same vnto the Defendant to bee perused to whom hee may giue day to bring in the same Booke againe that it may be entred in conuenient time and if the Defendant doe not bring it in accordingly the Attourney or Prothonotaries Clerke who dea'eth therein for the Plaintiffe may enter a Iudgment therepon The Plaintiffes Attourney shall do well to request the Prothonotarie of the Office to peruse the whole issue drawne into a Paper before he carry it to his Sergeant to the end the Prothonotarie may see whether it bee well pleaded or no without double matter or departing from any speciall pleading and whether it bee truely ioyned or no according to the truth of the matter or case Or else it will be ieopardy and hazzard of the cause For the Iury are bound not onely to finde out according to the issue ioyned and no otherwise If the Defendants Attourney will suffer the Action to go against his Clyent by a Nihil dicit He must take heede that there bee no part of the debt payd For if hee do his Clyent is in his Aduersaries courtesie for the whole debt wherein the danger is the more if it be vpon a Bond For then he is lyable to the penalty and all A Title may be tryed vpon an action of Trans tantum But that suite doth award no possession but dammages and costs of suite onely But it is otherwise in Trans and Electione firme If your goods be remaining in another mans hands and hee doe not vse them so that there can bee no conuersion to his owne vse proued there an action of Trouer will not lye but an action of detinew If you doubt before you appeare for the Defendant that you shall be compelled to plead sooner then you shall be prouided of instructions for the purpose It is best for you in such extremity to choose the lesser euill and to suffer an Ameeciament for not appearing Or if it may be had it were best to imparle per licentiam interloquendi ouer vntill the next Terme In the continuing of an issue you for the Plaintiffe must take heede you giue not away your benifit to the Defendant and hee Summon by Prouisio vt supra If vpon any Triall at the calling of the Iury either Attourney shall thinke the Iury to bee fauourable and not indifferently returned by the Sheriffe or his Ministers hee that is aggrieued may desire to haue it tryed and examined And so if cause bee the pannell shall be quashed and the Venire facias shall be directed to the Coroner of the Shire If neede bee you may except against any of the Iury for that hee is not a sufficient Freeholder c. And there may be foure of the Iury such as you hold to be most indifferent chosen by the Iustices of the Bench for Tryers in case you shall except against the Iury. And if any of the Iury be excepted against or challenged for some speciall combination or matter contriued betweene the Sheriffe and them or the Sheriffes ministers and them That shall not bee tryed by the Iury of the Pannell but by them that the Iury will appoynt or by confession of the Sheriffe or his Ministers And such things as shall be alleadged and obiected for matter of fauour to the one party or the other and the challenge shall bee tryed by certaine Tryers of the pannell viz. by men that are sworne and not challenged vpon their Oathes and the tryall shall bee in this manner following viz. If any principall cause of Challenge shall bee to any of the Iury it shall not bee made vntill hee bee called to bee sworne Such cause of Challenge may bee for that hee is a Tenant a Kinsman or otherwise tyed to bee fauourable more to the one party then the other Then shall the sayd Tryers goe together and consider of the matter and finde whether hee bee a Tenant or a Kinsman or so tyed by speciall Bond to the party for whom he is challenged or no. And the Tryers shall finde it either vppon their owne knowledge or sufficient proofe and not otherwise And the Iury shall not say that the partie so found is fauourable but that he is a Tenant or a Kinsman or so and the Law shall iudge and thinke him fauourable And so for all other principall challenges And so if the whole Iury bee challenged at the Barre by the one party or the other as oftentimes they be they shall bee tryed sigillatim and other Tryers be called forth to try the former ones in their turne and so to proceede vicissim till they be all tryed The manner how to proceed in the Tryall of the issue THe Plaintiffes Attourney shall doe well to haue the whole Record and Rules thereunto belonging in readinesse with all things pertinent therevnto which hee must get to be read and receited vnto the Iury And for the ease of the Iury the issue whereof they are to enquire must be truely and plainely deliuered vnto them And after this is so read and deliuered as aforesaid the Plaintiffes Attourney may write in a paper the issue and giue it to the Iury that they may know what they are to enquire of prouided hee giue it to them before they depart from the Barre After the Record is read the Counsaile are to say what they can for their Clyents seuerally and respectiuely Then the Witnesses in the matter are to be produced sworne and examined at the Barre what they can say to the question in issue And when the Iury hath heard both parties and the opinion of the Court if it neede for explanation of matter of Law they are then to depart from the Barre and the Court appoints and sweares one of purpose that he shall safely keepe the said Iury so that none of them shall depart from the other till they bee agreed and that no other person who is not of the sayd Iury shall in the meane time speake with any of them nor come among them vnlesse it shall bee such an one as the Court shall appoynt to reade the Euidences to the Iury in cse where none of them can read themselues If the verdict passe with you you are to pray Iudgment returne your

and the returne of a Cap. Alias Cap. and Plur. Cap. fol. eod And what space betweene the Teste and Returne of an Exigent fol. eod How the Proclamation and Exigent must agree in Teste and Returne fol. 98. What time an Exigent hath to be returned in the Countrey and what in the Citie fol. eod When the Defendant not appearing may be returned vtlawed fol. 98. How and when your Plur. Cap. must be fyled fol. eod When and how the Plaintiffe must make your Warrant of Attourney fol. eod Where it must be deliuered fol. eod When the Defendant is to put in his Warrant of Attourney fol. eod How vpon any the Capias's returned Cepi by the Sheriffe farther Processe shall bee stayd fol. eod What course the Plaintiffe shall take to compell the Sheriffe to bring in the Defendant where hee appeares not Cepi Corpus being returned fol. 99. How to proceed against the Sheriffe in case he be out of his Office before you can get him to bring in the Prisoner fol. eod How to continue the Apposen fol. eod What time betweene Teste and returne of Common Processe fol. eod How Processe may bee continued by the Plaintiffes Attourney diuers Termes fol. eod To what County the Proclamation must bee directed And when it must bee returned fol. 100. In what case there needs no returne of the Proclamation fol. eod How after the Defendants appearance a Iudgement may be had against him for not taking a Copie of the Declaration and making answere fol. eod How the Defendant may call the Plaintiffe Non-suit for not declaring in time fol. eod Where and how a Supersedeas vpon Maineprise must be sued out fol. eod What course the Plaintiffe may take against the Sheriffe for returning too small Issues vpon Distresse fol. 101. What shift the Plaintiffe hath if hee bee not ready to reply fol. eod How the Defendant may plead a new or stand to his old Plea at the day of Imparlance fol. eod How the Defendant may then bee condemned in the cause for not auowing his former Plea or giuing of a new one fol. 101. What care the Plaintiffe must haue to see the Issue be rightly entred And his Warrant put in then at the vtmost fol. eod When it is best for the Plaintiffe to put in his Warrant fol. eod How the proceeding may bee erroneous for want of a Warrant And the Plaintiffes Attourney bee fined grieuously for the same fol. 102. When the Plaintiffe may sue forth Venire facias And how long hee may continue his issue without suing it out fol. eod How by the Plaintiffes delay the Defendant may summon and sue forth Venire facias fol. eod How you may enter the first Venire facias returned And when the Nisi prius and Habeas Corpora are to be awarded fol. eod How to proceed to Execution after Tryall and Verdict fol. eod How to proceed when the Sheriffe returnes the Venire facias sued or serued fol. eod How in case the Iury fill not at the Assizes the Plaintiffe may get it to be filled vp fol. 103. How to get the Iury to bee filled at the Common pleas Barre in case they fill not there fol. eod The order of crauing of Tales at the Barre with the taking out entry of the same fol. eod What you are to doe in case the Sheriffe doe returne Tardè vpon any your Tales fol. eod When and how the Defendant may alter or mend his Plea heere after Replication fol. eod The difference betweene this Court and the Kings Bench in Entring of their Pleas. fol. 103. 104. What is to bee done where the Defendant is returned sufficient in an Action of Trespasse fol. eod What is to bee done where hee is returned Nihil fol. 104. What in case he is returned vtlawed fol. eod How you must sue any of the Nobilitie who are of the Parliament House and how to proceed against them fol. eod How the Plaintiffe may haue his remedy and satisfaction of the Sheriffe in case where hee arrest and deteines not the Defendant vpon Capias ad satisfaciendum fol. eod How he may choose whether hee will take such course against the Sheriffe for an escape or proceed against the Defendant to Vtlary after Iudgement fol. 104 105. How this kinde of Vtlary is pardonable and how not fol. 105. How vpon a iudgement the Plaintiffe may 〈◊〉 W●…t to extend halfe the Lands Goods of the Defendant with exception of some certaine things c. And what heed you must take how you aduenture to sue forth that Writ fol. eod How after Iudgement the Plaintiffe may by Writ leuy it vpon all the goods of the Defendant which he can finde fol. eod How the Plaintiffe may sue out as many Writs of Fieri facias as hee will till hee bee satisfied fol. 105. How to proceed in Writ of Rescous and Ranishment of Ward fol. eod How in a Quare eiecit infra terminum and Eiectione firme fol. eod How in Writ of Annuitie and Couenant vpon an Indenture fol. 106. The proceeding vpon a Writ of Entry fol. eod Where and when the Grand Cape lyeth The manner of pro●…uring and proceeding vpon it with the meanes ●…o auoide it fol. eod When the Petit Cape may goe forth with the proceeding therevpon to the recouerie of the Land in question and the seizure thereof fol. eod The care to be had to see that no Essoyne bee in the meane time cast for the Tenants appearance with the danger thereof to the Demandant fol. 106. 107. What the Demandant must doe to auoid such euils in all Reall Actions fol. eod What proceeding is vpon Warrantia charta Dedroite and Surdisseisin fol. 107. How you must set your Iudgement on foote againe in case you let it sleepe aboue a yeere and a day without doing of any thing vpon it fol. eod What course is to be taken that the Plaintiffe his Executors c. may proceed to execution against the Defendant his Executors c. in case where either of them dyeth after Iudgement and before Execution fol. eod 108. Vpon whose goods the Execution must bee first awarded the Defendant being dead fol. 108. How in case of Diuastauit returned vpon your Fieri facias you may get it to be awarded vpon the goods of the Executor c. or Arrest his body for your Debt fol. eod How to sue a matter of errour fol. eod The difference of proceeding in a matter of Errour before Iudgement and matter of Errour after Iudgement fol. 109. The preiudice of the Defendant in case hee doe not get his Record to be certified in time fol. eod The danger of losing one Writ of Errour fol. eod When the Errours are to be assigned fol. eod The course whereby you shall bee compelled to assigne Errours fol. eod The danger in not assigning of Errours in due time fol. 110. How to Reuerse Vtlary vpon meane Processe by Writ of Errour fol. eod What be the particular Errours