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
Court vnto him to do it and to remooue the same By which day if the Defendant doth it not accordingly then hath hee lost the benifit of the Errour And after one VVrit of Errour so put by the Defendant shall neuer haue any more And if the Record bee accordingly certified then the next Terme following you are to assigne the Errours there Otherwise there will goe forth two VVrits of Scire fac to be deliuered to the Sheriffe of Midd. and to giue you warning to assigne the Errours which if you doe not within three or foure dayes after the Returne of the latter of the sayd two Writs the Writ of Errour will bee quasht and you shall lose the benefit thereof And if one be vtlawed vpon meane Processe and would reuerse the same by writ of Errour hee must take this course viz. Looke if there be any Writ vnreturned Or any VVrit mis-returned Or any VVrit vnfyled Whether the Proclamation bee fyled or no And whether it bee well returned Or whether a Warrant of Attourney be put in or no All these before mentioned be Errours which before Iudgement the Court will correct themselues And if you finde any of the said Errours you must goe to the Clerke and shewe him the number Role where the Exigent is entred and cause him to enter the Vtlary This being done you are then to get the Bundles where any such writ is fyled to bee brought into the Court from the Office of Custos breuium where they be kept Then you must haue one to enforme the Court therefore on your behalfe If the Errour which you pretend bee for want of a Proclamation then you are to get aswell the Record of the Terme where the Exigent is entred as the bundle of VVrits to bee brought into the Court to be reviewed And the like you are to do of the meane Processe And if it shall appeare to the Court That any of the Processe bee fyled and not returned Or there be error in the Returne Or there bee want of meane Processe or Proclamation the Court will award the the Reuerser to bee entred And if the party vtlawed can finde no Error and yet would vndoe the vtlarie if it bee vtlary before a Iudgement He is to sue out his writ of Errour and therevpon a Supersedeas Then hee must sue out his pardon of Course and vppon that Hee may haue a Scire facias directed to the Sheriffe of the County where the Originall was laid to giue warning to the plaintife to bee ready in Court to prosecute his action against the Defendant if hee haue any thing to charge him withall Hereupon if the plaintiffe doe not declare against him the Defendant within a certaine space giuen to him by the Court Then the Defendant shall bee quit of that action and the plaintiffe is to beginne his suite againe if hee will But if the partie vtlawed haue any goods or Cattle taken by colour of that Vtlary Then hee is to sue out a writ de non molestand from the Clerke of the Treasury which writ hee is to deliuer to the Sheriffe VVhereuppon the Sheriffe is to deliuer to him his goods or Cattell againe without Bond. But it is otherwise where the Defendant doth not bring his Writ de non molestand but intends to ouerthrow all by Errour for in that case hee shall bee driuen to enter into Bond for the proouing of the Errour In euery case where the cause goeth with the Plaintiffe vpon a Demurrer and the Debt or matter recouered is not expressed the Iudges of the Court may giue their finall Iudgment and grant you a Writ to enquire of dammages which writ shall bee directed and deliuered to the Sheriffe who by vertue thereof is to impannell a Iurie who after they be sworne vpon Euidence to be produced on the Plaintiffes part may giue in dammages so much as they thinke in their consciences and as the VVitnesses shall prooue vpon their Oath that he hath sustained Also in an Action of waste you are to proceede in like sort if you certefie the Iudges how the Defendant hath made the place waste and you doe it before Iudgment is by them giuen But the Iury needeth not to haue such great care of the dammages in waste committed as in other cases of enquirie in that kind For whatsoeuer the Iurie giues in dammages therein the Court will according to the Statute in that case especially prouided double the same dammages The Plaintiffes Attourney must be carefull to looke to the Clerke of the Essoynes and take heede where the Essoynes do lye and whether they be lawfully cast or no. And not onely so but the Attourney for the Plaintiffe or Demādant must farther looke to the Adiournying of the Essoynes the casting of the Nerecipiatur for the aduantage of his Client And the Attourney for the Defendant should also be as watchfull ouer the Casting of the Essoynes For that oftentimes it proues to bee a benefit to himselfe and a commodity to his Clyent Euery Essoyne must bee adiourned in time with such sufficient continuance as the nature of the Action requireth For want of Adiournement of the Essoyne there lyeth a Non-suite The casting of an Essoyne where it will not lye may be disalowed quashed and turned into a default But when it is rightly cast then it is allowed and then it is to be adiourned And you must farther take heede where the inferiour Tenant may pray in ayde of the Superiour Lord and when and in what case a Vowcher lyeth to recouer by force If Bastardy bee alleadged in generall in any case the Processe for the tryall of it is to be directed to the Bishoppe who is to certifie the same The like course is to bee held in Pleas of Aduowson whether plenaritie or not plenaritie to be so tryed and so certified likewise VVhat Pleas Attournies may plead and what not TO a Bond for pa◅ment of mony 1. Conditions performed 2. Per minas 3. Per Dures 4 Non est fact Gen. Speci To the Bill of Debt plead Per Minas Per Dures imprison Deins age Non est fact Generall Speciall To any other Actions of Debt plead Nihil debet per patriam Nil debet per Legem Deins age so it be not for Apparell To a Bond for deli uery of Corne c. plead Per Dures Per minas Non est factum Deins age Conditions performed The Common issues to Declarations grounded vpon Simple actions be Per legem or Per Patr◅am To a Bond for performance of Couenants vpon an Indenture or an Arbitrin◅ent may bee pleaded Per minas Per dures Non est fact or At large To an Action of Trespasse you may plead Non Cul. or At large if it bee not vpon trial of a Title To an Action of Battery plead Ex insultu querentis or Non Cul. To an Action for Rent plead Rien in arrere To an Action of the Case vpō Assumpsit plead Non Assumpsit
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 〈◊〉 Wâ—…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 proâ—…uring and proceeding vpon it with the meanes â—…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
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
modo forma To an Action for Slandeâ—… 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
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 â—…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 Chanceâ—…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
Postea to make vp a Bill of the costs and charges of your Clyent expended in this cause to carry your said Bl to the Prothonotarie in whose Office the cause is entred to assesse your said costs and expences which beeing done you take ouâ—… what execution you please presently Or otherwise vtlaw the Defendant vpon that Iudgment as you shall be aduised Instructions to sue forth a Recouery IN a Recouery in a Writ of Entry in the Post the Attourney who sueth it forth must take good aduice in the drawing of his VVrit of Entry he is to carry it to the Chancery man to make it And the Attourney must take with him either his Clyent or some other person who knoweth the Land and get him sworne before one of the Masters of the Chancery for the true value of the Land and what it is worth by the yeare Thenmust the value be set down on the backside of the VVrit and the name of the Master of the Chancery who tooke the Oath thereunto Next this Attourney must carry it to the Kings Attourneys Clerke who is appoynted for the same purpose to get his Masters hand vnto it But before you haue your VVrit againe from hence your Clyent or some other for him must enter into a Recognizance to the King in such manner as Master Attourney Generall his Clerke shall draw vp and make for you And the said Clerke is to carry your Clyant or other partie who is so to enter into Recognizance to the Court of Common-pleas to acknowledge the same before the Iudges there The effect and condition of the said Recognizance is that those Lands specified in the VVrit are not holden io Capite and that the Recouery is not hurtfull to his Maiesty nor his successors And if the Lands bee holden in Capite you must take course before you sue out your VVrit of Entry for license in that behalfe otherwise you shall runne into a great inconuenience and be forced afterwards to sue out your Pardon in this behalfe After your writ of Entry is passed through the Kings Attournies hand then if the Tenants of the Land will appeare in proper person Your VVrit of Enrty with the Returne thereof must be taken out into one of the Prothonotaries Remembrances where you will haue your Recouery entred And then in the Margent of the Remembrance make the appearance of him who is vouched And this being done deliuer your writ to one Sergeant and the Remembrance to another when the Court is at good and fitting leasure Note withall that if this bee done with a single Vowcher you are to retaine three Sergeants and if it bee to bee done with a Double Vowcher you are to retayne fiue Sergeants And when it is acknowledged then you are to giue the VVrit of Entry to the Cerke of the Office that shall enter it and he will therevpon enter your Recouerie and make you an Exemplification a Writ of Seisin in the same terme But if the Tenants do not appeare in proper person at the Barre but by Attourney then you shall not get your VVrit of Recouery to be fully finished the first Terme but you must haue a Summ. entred against the Tenants and a Writ of Seisin awarded And it behooueth the attourney for the Demandant to bee circumspect both for the Returne of the VVrit of Entry and Seisin and for the filling of them as also for the Warrants of attourney on both sides For otherwise by default or omission in any of them the Recouery may bee ouerthrowne againe And for farther and more assurance in this kinde it hath beene therefore vsed that they haue exemplified both the writ of Entry and Seisin with the Returnes thereof and the Warrants of attourney for feare least afterwards any of them should be mis-filed or mis-carryed And if you would search for any Recouery acknowledged long before you must first finde it with the Clerke of the Warrants The order to sue forth a Fyne FIrst draw the Precipe in sheetes of Paper and Engrosse the Concord in Parchment Then get your writ of Couenant made vp by the Cursitor of the Sheire where the Land lyeth according to Concord And if the Knowledge be to be taken by speciall Dedimus potestatem then you must deliuer to the Cursitor the Commissioners names that are to take the Knowledge Of which Commissioners one must bee a Knight and the Cursitor is to make vp the Dedimus potestatem by the Concord c. Then get your Writ sealed and deliuer it to the Commissioners with the Concord ingrossed in Parchment with Seales and Waxe vnto it And when your Commissioners haue taken the Knowledge they are to returne the Writ of Dedimus potestatem thus viz. Executio istius Commissionis patet in quadam Schedula huic annex And file the Concord vnto the backe-side of the Dedimns potestatem and the Commissioners are to set their hands and Seales to the Concord and their hands to the Dedimus c. You shall then proceede with your Writ of Couenant in manner following FIrst you are to goe to the Office sometimes called My Lord of Leicesters Office in the Inner Temple because my Lord of Leicester had the first grant thereof and there to compound for the value of the Land either by Composition or Affedauit to bee made before a Doctor who doth attend for the same purpose The Fine being set downe by the Officers here you are to pay it presently to the Receiuer Then will the proper Officers of that Office set their hands to the back-side of the VVrit Then you must returne your VVrit of Couenant in this manner viz. At the vpper end of the VVrit Pleg de prosequend Ioh. Doo Ric. Roo In the middle Summ. Ioh. Deâ—… Ric. Feâ—… At the lower end 1. M. miles vic id est the Sherifs name of the Shire THen carry your Writ of Couenant Dedimus potestatem and Records to the Custos breuium his Office and there deliuer them to the Clerke who is for the Shire where the Lands doe lye and he will take out into Paper what belongs to him to doe and indorse the Writ setting downe when the Proclamation shal be made Then you must carry the VVrit of Couenant Dedimus potestatem and Concord vnto the Clerk of the Kings siluer where hee will dispatch what appertaines to his Office and where what you must pay and for what shall appeare in the Calender of Fees hereafter in these present contained And then take and carry all to the Chirographers or the Cirrographers as it is corruptly stiled and deliuer it to him who is Clerke for the Shire where the Land lyeth and he will hereupon make the Indentures of Fyne For which the Fee shall appeare hereafter in his place Here note that the Dedimus potestatem and the VVrit of Couenant must agree in Names Acres and place And if the Knowledge bee taken before one of the Iustices of Assize in the Countrey then the Iudge
How the Complainant may be released and in what case fol 19. 20. How the party arresting may bee relieued here against the party arrested fol. 20. The partie priuiledged here cannot priuiledge his Wife where the matter concerneth his Wife fol. eod How in suites betweene men priuiledged in other Courts and men priuiledged here the prioritie and first start carries it away and enioynes the other fol. eod What order was made heretofore touching examination of Witnesses in perpetuam rei memoriam fol. 21. What Witnesses shall be examined fol. eod What warning the Complainant shall giue to the Defendant of his examining fol. eod What care the Comissioners must haue that fitting warning bee giuen before they doe examine fol. eod How the Defendant may stay their proceeding to examine fol. 22. How the Commissioners are to certifie this stay fol. eod How the Defendant may ioyne in the Commission fol. eod What Certificate the Commissioners must make vpon returne of their Commission fol. eod What orders are to bee obserued before the granting of Publication of the aforesaid Depositions fol. 23. What Oath must be made by him that prayeth Publication of them fol. eod How the Commission aforesaid must bee opened when it is returned And how Publication may be granted fol. eod Against whom the said Depositions may be giuen in euidence fol. eod When the foresaid Orders shall need and when not fol. 24. The difference betweene such a Commission ioyntly and the same ex parte fol. eod What clauses and conditions an Iniunction granted here for preseruation of Possession pendente lite shall haue in them fol. 25. The farther securitie that the Court will haue in such case fol. eod What Clauses and Conditions Iniunctions granted here for stay of suites at the Common Law must haue in them and what securitie the Court requireth in such case c. fol. eod Vpon what securitie and condition a speciall Certiorare may be granted here fol. 25. 26. How suites may bee dismissed this Court for the inâ—…aluablenesse and vnworthinesse thereof fol. 26. How Processe to heare Iudgement shall be returned and how such Writs must be endorsed fol. 26. 27. The ancient custome of this Court in reteining of suites fol. 27. How to procure a Hearing fol. eod The seuerall Punishment for breach of an Iniunction fol. 28. The manner how to proceed against him that is a Contemptor in the said kinde fol. eod How the Contemptor appearing may vpon securitie to performe fitting obedience haue his libertie de bene esse or in diem fol. 29. How farre Affedauits shall be admitted here and what their power and reputation shall be Contempts WHat course is to be held in case of Contempts vsed in seruing of Processe fol. 30 What course for Contempts against Orders and Decrees here fol 30. 31. How the partie charged with Contempt shâ—…l bee righted in case hee shall cleere himselfe or bee not effectually prosecuted fol. 31. How farre Contempâ—…ors to the Proclamation of Rebellion may be capable of grace fol. eod How Prisoners vpon Contempts may be discharged How Contempt may bee suspended when it cannot be released fol. eod What things cannot bee granted regularly vpon Petitions fol. 32. How farre orders may be subject to alteration explanation or suspension vpon Petitions fol. eod How farre Commissions to examine or Examinations may be shaken by Petitions fol. eod What preualence Petition may haue against Demurrer fol. eod What course the Lord Keeper vseth to take touching Iniunctions before hee doth signe them fol. eod What power Petition hath against Iniunction fol. 32. 33. How Iniunction to stay suites at the Common Law shall bee granted and in what cases fol. 33. How the Iniunction shall dye for not continuing of it fol. 33. 34. How an Iniunction shall be stayd by reason of the like suite in the same Court fol. 34. How an Iniunction may fall for want of prosecution fol. eod How in case of Debt after Arrest no Iniunction is to bee granted without the money brought into Court And how the case may bee altered for the depositing of the money fol. eod When and where Iniunctions for Possession may be granted fol. 34. 35. How for Contempt a Sequestration and afterwards an Iniunction for Possession may bee granted fol. 35. How an Iniunction against spoyling of Woods or grounds may be granted fol. eod Order for enrolling of Iniunctions fol. eod The Registers duty in case an Order be made against the generall Rules of Court fol. eod Registers to be sworne fol. 36. Orders made surreptitiously to be ineffectuall fol. eod How orders are to bee set downe plainely as they are deliuered in Court And how explanation of orders is to be granted fol. eod What course the Register must hold in deliuerie of any draughts of Orders to either partie fol. eod What course the Register is to obserue in case where vpon hearing of a cause debated by both parties the Court shall referre it to a Treatie fol. 37. How the Registers are to conceiue and draw the Order honestly without respect of Counsailes interlineation thereof fol. 37. What care and course the Register is to obserue in penning and passing of Decrees of weight through the Lord Keepers hand fol. eod How Decrees of the Rolles are to be presented to the Lord Keeper fol. 38. How Decrees vnder the Great Seale may be reuersed altered or explained And how Bill of Reuiew shall be admitted fol. eod How in case of mis-auditing a Decree may be explained without Bill of Reuiew fol. eod How farre a Bill of Reuiew may preuaile vpon a matter Decreed fol. 39. What prouision is made for preseruation of mens Rights vpon Reuiew of Decrees fol eod What prouision is made for Supportation of Acts of Parliament against Decrees And what reliefe in such cases fol. eod What kinde of Imprisonment hee ought to haue who breaketh a Decree c. fol. 40. What course is to bee held against him who doth obstinately disobey and breake a Decree and persist in Contempt fol. 40. What course is to be held in case of a Decree for possession from the first Processe of Execution to the last of Iniunction by graduation fol. eod When the partie committed for breach of a Decree in part may be inlarged fol. 40. 41. How hee may be enlarged for performance of so much of the Decree as is in future to bee performed fol. 41. How farre he who was not serued ad audiendum iudicium is bound by the Decree fol. eod How farre he who is made no party by Bill or Order is bound by the Decree fol. eod How it bindeth him where hee comes in pendente lite fol. eod How a Sequestration of Land may bee granted for a Rent payable out of it by Decree fol. 41. 42. How the Decrees of the Prouinciall Courts and Court of Requests may bee strengthened by the Chancerie fol. 42. What respect this Court giueth to the Decrees of