vse his Trade after hee hath arriued at his Freedome by honest seruice according to the Lawes of the Land and the ancient custome of the place Or to take a House for his best convenience aduantage and accommodation of his Trade Or the like The other Agreeuance which I poynt at is a Consumption and effusion of the purse and estate of the Subiect by grieuous Fines Amercyaments and Impositions and by laying of Offices vpon them which draw great expence in Feasting and profusenesse of which I shall take occasion in a more fitting place to speake and write at more liberty I proceed with my Direction in the passing of any such Ordinances The Paper booke beeing perfected by such able Counsaile you are to draw your Petition in the names of the Maister and Wardens in name and in the behalfe of the whole Company to bee directed and deliuered with the sayd Booke to the Lord Keeper or Lord Chancellour desiring Where as ith ath pleased his Maiesty so to Incorporate you and to giue you power to make Orders and Constitutions for your better gouernment which Orders are by the Statue of the nineteenth of King Henry 7. to bee perused examined and allowed by the Lord Keeper Lord Treasurer and the two Lord Chiefe Iustices of either Benche or three of them at least which prouision you are ready to obserue and performe on your parts It may therefore please his Lordship to giue order to the two Lords chiefe Iustices to peruse examine and make the same fit and worthy the confirmation and allowance of his Lordship and themselues c. Heerevppon his Lordship giue order vnder your Petition That the two Lords chiefe Iustices do accordingly peruse examine and make them fit as is desired They the sayd Lord cheife Iustices doe by vertue of that Order and Warrant peruse the same and after they haue so altered added or sustracted as they shall thinke fit Then their Lordships giue order to one of their owne Clerks to write them ouer fayre againe into a Paper booke coppy-wise VVhich when they haue exactly examined with the former so by them reformed They subscribe the same and send them seal ed vp backe againe to the Lord Keeper who vpon the opening thereof and sight of the approbation of the Lords chiefe Iustices doth likewise giue order in writing at the Foote of the sayd Booke subscribed with his hand That the same be forthwith faithfully ingrossed in Parchment and in the Chancery hand by such an one as it shall please the two Lords chiefe Iustices to appoynt therevnto And that they giue him testimony of the due performance thereof by the confirmation of the same vnder their seuerall hands and Seales and soe the Lord Keeper seales the Booke vp againe and returnes it to the Lords chiefe Iustices who giue direction for the engrossement according to the order aforesayd And when the same is so engrossed and examined with the Paper booke they set their seuerall hands and Seales thereunto and deliuer it to your selues to carry to my Lord Keeper Vppon sight whereof he vseth also to Seale and subscribe the same But I pitty the case very much that there is no Inrolement Record or Register of any such Ordinances kept in any place the rather for soe many thousands of people are gouerned by them beeing Law to which they can haue noe recourse nor can consquenyly take the true measure by which they should fashion their manners to sit smoothly to the body of their Ordinance It is not the reading of them once in a yeare in parcels and cursorily can take impression in the most learned of them if there be any such much lesse in the generall sort I hope that succeeding times will looke into this euill euen in the greatest bodies incorporate and giue it a fitting redresse And so much shall suffice for such Ordinances I now returne to my other scattered pieces which I haue gathered together and fasciculated into the little bundle Following Instruction how to sue a Recognizance taken in Chancery IF you would sue a Renognizance that is taken heere When it is Forfeited you are to bring a Coppy of the same to one of the Clerkes of the Pettie-Bagge And hee will therevpon make you two VVrits of Scire facias The one of a Returne past if you will and the other of a Returne to come These you must deliuer to the Sheriffe of Middlesex who will returne them as the Law requireth him to do in this case And when they are returned you are to carry them againe to the Petty-Bagge And to reteine one of the Clerkes there to be your Attourney herein And then giue the Defendant a day to appeare which if hee doe not accordingly a Iudgment is to bee awarded against him for his said default And if he do appeare by the day to him so giuen Then are you the Plaintiffe to Declare against him the Defendant and hee is to answere and plead to you here as is vsed in other Courts of common Law And when you are at full issue vpon the Venire facias you are to haue your Witnesses and this is the vtmost extent of the proceeding here in Chancery For then if you will goe to Tryall you must haue the whole proceeding heere written into Parchment and it must either bee sent by the Officer of the Petty-bagge sealed vp to bee tryed in the Kings Bench or Common pleas at your election or else it may bee deliuered ouer vn-sealed by the Lord Keeper or Lord Chancellour which is agreeable with the words se propria manu c. Where note that there can bee no Tryall by Iury here in Chancery Instruction how to sue a Statue Staple forfeited here IF you will sue a Statue Staple here You must first goe to the Clerke of the Staple and shew him the date of your Statute when it was acknowledged which may also appeare by the Statute it selfe And then he must make your Certificate therevppon and seale it vp Then are you to goe with it to the Clerke of the Crowne and to get him to make the Exigent therein You must deliuer to the Clerke of the Crown your Certificate You must then haue your Obligation made and your Extent to bee made and endorsed on the backside as is vsed in such cases This endorsement of the Extent is called the Fine of the Extent which must be deliuered vnto the Sheriffe who by vertue thereof is to impannell a Iury to enquire extend and apprehend as well the Body as the Lands Goods and Chattels of the party so bounden And when they be so extended into the Kings hands the Sheriffe may keepe them vntill you bring him a Deliberate which you are to haue from one of the Clerkes of the Petty-Bagge Note also that it concernes you to take good heed how you sue out this Deliberate For if there be not sufficient estate or goods extended wherewith to satisfie your Statute and you sue your
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
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
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
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
other Courts vpon hearing here fol. eod How farre Decrees after Iudgement here shall extend fol. eod How a Decree vnder Seale may be reuersed altered or explained fol. eod How a Bill of Reuiew shall bee admitted fol. eod What securitie the Court requires vpon putting in of a Bill of Reuiew for prouing of the same fol. 42. 43. Who shall haue the Consideration of a Demurrer or question touching the Iurisdiction of the Court. fol. 43. What time is to be giuen to speake against the confirming of a Report fol. eod When the cause is so farre proceeded that Reference to heare and determine may not bee made fol. eod What respect the Court giues to a Report exceeding the Warrant fol. eod What course the Masters of the Court are to obserue in making their Reports fol. 44. When and how Reference for examination of Accounts may be made fol. eod What course of Reference is to bee held for Examination of Court Rolles fol. eod How reference shall be made of the insufficiencie of an Answere fol. eod What course is to be taken where a Trust is confessed fol. 45. How causes dismissed vpon a full Hearing may be retained againe and how not fol. eod What course the Court holdeth for Retaining or Dismission of new Bils after Dismission of the old fol. eod What suites may regularly bee dismissed the Court vpon Motion fol. 45. 46. Of what value the suites must be which this Court holdeth fol. 46 When Dismissions are to be prayed and had fol. eod How the cause may be dismissed of course by the Complainants dis-continuance of prosecution after Answere fol. eod When the cause is proceeded so farre that it cannot bee dismissed without a Motion and Order fol. 46. What Reliefe for double Vexation fol. eod How in case where causes are remooued by Certiorare the partie is tyed to proue the suggestions of his Bill c. with the danger of fayling therein fol. eod 47. When Demurrers and Pleas shall bee heard fol. 47. Whereupon Demurrer may bee properly fol. eod Wherevpon a Plea lyes properly fol. eod The particular matters vpon which a Plea doth lye fol. eod Where the Plea may be put in without Oath and where not fol. eod How an Vtlary shall bee pleaded in Demurrer to a Bill fol. eod How an Excommunication shall be pleaded in Demurrer to a Bill fol. 47. 48. How the Order of Dismission of causes c. is to be recited in a Demurrer fol. 48. How the Defendant shall pay Costs how double Costs treble and quadruple for Insufficiencie of Answere fol. eod What farther penaltie the Defendant is to vndergoe vpon returning his Answere insufficient at the fourth time fol. eod How the Complainant may pay Costs for wrongfull accusing of the Defendant in the sufficiencie of his Answere fol. eod After Replication no Insufficiency of answer can be questioned fol. eod What Answere the Defendant must make touching his owne fact fol. eod How the Defendant must deny his fact by Trauerse directly fol. 49. How farre you allow the Answere to bee true where you pray Hearing vpon Bill and Answere fol. 49. How necessarie it is the Answere bee read at making of a Decree whether the Defendants counsaile doe appeare at Hearing or no. fol. eod How farre new matter is to bee admitted in a Replication fol. eod How many lines in a sheete euery Copy here shall containe fol. 50. How Commissions to examine Witnesses shall be vpon Interrogatories and how the Depositions thereupon shall bee receiued into this Court. fol. eod How the Defendant ioyning in Commission and fayling to produce his Witnesses shall lose the benefit of any other Commission afterwards fol. eod How vpon extraordinary cause showne the Defendant may afterward haue libertie to examine Witnesses in the Court fol. 50. 51. How and on what conditions the Defendant may be examined vpon Interrogatories fol. 51. How Decrees of other Courts may be read here fol. eod How farre Depositions taken in other Courts may be allowed to be read here fol. 51. How farre forth this Court granteth order for reading of forreigne Depositions fol. eod How farre examination may bee had of the credit of any Witnesse fol. eod Costs against the Complainant for vniust vexation fol. eod Punishment of parties and their Counsaile for immoderate length of Bill Answere Replication or Reioynder fol. 51. 52. How for Libellous or Slanderous matter in Bill Answere c. the parties and their Counsaile shall be punished and questioned and the â—…aid Bill Answere c. be supprest fol. 52. How farre Scire facias shall bee awarded vpon Recognizances fol. eod Within what time Recognizances ought to be enrolled fol. eod What speciall Writs may not passe vnlesse they bee signed vnder the hand of the Lord Keeper fol. 52. 53. What persons are to be priuiledged and how they are to be priuiledged here fol. 53. How farre an Execution serued vpon a priuiledged man of this Court may be held a Contempt to the Court and so punished fol. 53. How a Supplicauit for the good behauiour shall be granted fol. eod When a Recognizance of the peace or good behauiour may be fyled fol. 54. Vpon what grounds Writs of Ne exeat regna may be granted fol. eodem All Writs Processe c. returnable coram Rege in Cancellar to be fyled in the Chappell fol. eod What other proceedings heere are also to be enrolled fol. 55. Where dayes giuen to Sheriffes to returne their Writs shall be fyled fol. eod What course is to be held for enrolling of Recognizances taken to the Kings vse c. fol. eod What order of proceeding is to bein suites vpon the Commission for charitable vses fol. eod How Commissioners for the Sewers are to be enquired of and allowed accordingly fol. 56. In what case a new Commission for Sewers may bee granted the first beeing in forc fol. eod How Commission of Banquerupts shall bee granted what Commissioners are to bee allowed therein and what securitie is to bee giuen to proue the partie Bankquerupt fol. 56. How Commission of Delegates is to be awarded The consideration of the Commissioners therein to be had fol. 57. What course is to bee held for admission in forma pauperis here or sending such ouer to other Courts or speciall References fol. eod How suites after Iudgement must be brought in this Court fol. eod How Licenses to collect for losses by Fire or water must be granted here or renewed And how they are to be directed fol eod How Exemplifications shall be made of Letters Patents inter alia Records cancelled Decrees not enrolled Depositions by parcels Depositions vnattested Records not enrolled or Fyled nor forreigne Records vnfyled here Nor of Record vpon sight in Paper fol. 58. How farre you may giue the last recited Rules extent and valuation fol. 58. 59. How Ordinances are to bee made for the better gouernment of a body Incorporate and politique fol. 59. 60. How
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
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
Writs of the Chancerie and of the Common Pleas The Originalls of which Court of Common Pleas I referre to the proper place where I shall haue more occasion to speake of them hereafter These Cursitors were incorporated by Queene Elizabeth by the name of the foure and twentie Cursitors amongst whom the businesse of the seuerall Shires is seuerally destributed and therefore you must in all cases where your suite is locall and tyed to the certaine County addresse your selfe to the proper Cursitor of the same If any Suite depend before any Sheriffe in his Tourne or County Court you may haue a Writ of Chancerie from the Cursitor of that County called a Recordare to remoue it If it lye in a Court Barron your Cursitor will call it away with an Accedas ad Curiam If it lye in a Towne corporate he will remoue it with a Certiorare returnable in Chancery as aforesayd which may bee made of course without any Bill exhibited And a Procedendo may be also made presently thereupon before the Returne of the sayd Certiorare and that of course likewise And also a second Certiorare and a second Procedendo thereuppon may bee made But the second Procedendo should bee vppon a Bill exhibited shewing good cause of equity why the Complaynant should be releiued And vppon Bond giuen by the complaynant or some other for him with condition that the complaynant shall prooue the contents of the sayd Bill the Court of Chancerie doth often grant a speciall Certiorare signed with the hand either of the Lord Keeper or of the Mayster of the Rolles for the time being And the condition of this last receited bond giues the Obligor onely the liberty of fourteene dayes to proue the contents of the Bill which fourteene dayes must commence from the date of the returne of the sayd Certiorare to be granted as aforesayd The Fees of proceeding in Chancery follow  l. s. d. SVb Poena Writ to answere 0 2 6 If there be three in the Sub poena you pay sixe pence the more tot 0 3 4 This Sub Poena may bee serued in any libertie whatsoeuer So cannot an Attachment    The charge of drawing your Bil in the next which your counsaile at Law must doe according to the Instruction which you shal giue him of the true estate of the cause His Fee is at the least 0 10 0 For the engrossing of your said bill foure pence a sheet at the least 0 0 4 a sheete The copy inde two pence a sheete at the least 0 0 2 a sheete The Attournyes Fee when you put it in which is for the whole Terme 0 3 4 The writing of the Oath made that the Sub poena was serued 0 0 6 The Oath 0 0 4 The Attachment where the defendant appeareth not 0 2 10 l. s. d. The breaking of it vp with the Sheriffe 0 2 0 The Returne of that Attachment 0 0 4 The Proclamation of Allegeance vppon the same 0 2 10 The breaking of it vp with the Sheriffe 0 2 0 The Returne of that Proclamation 0 0 4 The Commission of Rebellon 0 18 2 The Rule which the complaynant giues to the Defendant to make answere by a certaine day in case where the Defendant doth appeare 0 0 4 The Attachment The Proclamation Commission of Rebellion For not answering as in case for not Appearing as aforesaid    The Defendants Apparance 0 4 4 This is also his Attournies Fee for the whole Terme 0 Feod Attourn  The copy of the Bill at eight pence the sheete Eighâ—… pence the sheete    His counsailes Fee for drawing of his Answere according to his direction at the Least 0 10 0 l. s. d. For engrossing of this answere at foure pence the sheete at the least 0-foure pence a sheete    For Copy of this answere at two pence the sheet at the least 0 two pence a sheete    For the Oath made that this answere ia true 0 0 4 For euery Defendant 4. d. pro consimil quilibit Def-pro consimil 0 0 4 For the Commission to take the Answere in the country by Dedimus potestatem 0 7 10 Besides the engrossing of the bil which is concluded within it euery sheete inde 6. d.   The Sub poena for Costs giuen to the Defendant in case where the complanant doth not put in his bil within the time alowed 0 2 6 For a Bill of Costs and entery of it indo 0 1 4 The Attachment Proclamation and Commission of Rebellion as incase aforeaid    A Ioynt Commission to examine Witnesses in the Countery per peece 0 7 10 A commission ex parte to examine witnesses in the Countrey The partie beares both parts of the charge    l. s. d. For examination of the first Witnesse heere before Examiners 0 2 6 For euery Witnesse examined afterwards 0 â—… 6 For drawing of the Replication if it be done by Counsell as in case for the Bill as for the Bill    For the Reioynder 0 the like  If there be no new matter in the Replication or the Reioynder your Attourueies Clerke will draw them for you of course for some small matter as you can agree    For the Copies of the Depositions of any Witnesses returned by Commission euery sheete 0 0 8 For Copie of Depositions taken heere euery sheete 0 1 0 For a Motion in Court Counsailes Fee    For the drawing of the Order therevpon cum Cop. euery side 0 3 0 For entering of the Order euery side 6. d.   Fees of an Iniunction follow  l. s. d. INjunction in all Vijs modis 1 2 6 Fees of a Decree follow FOr a decree the drawing c. as in case of an order Sub Poena to Testifie 0 2 6 Sub Poena to Reioyne 0 2 6 Sub poena to Heare Iudgment 0 2 6 For getting the Hearing to be set downe 0 as you can agree with your Attourney For the Rules to publish the witnesses being foure per piece 0 4  For copy of Replication Reioynder Rebutter and Subrebutter as for copy of Bill or Answere as aforesayd for Bill and Answere Sub poena super ordinem to shew cause 0 7 2 Sub poena of Ducas tecum 0 7 2 Sub poena de executione ordinis 0 10 0 The charge of a Supplicauit in Chancerie  l. s. d. ITem the Oath 0 0 4 Item the Supplicauit it selfe 0 5 6 Item the warrant vpon it vic 0 2 0 Item For the Certiorare to certifie the Bond taken vppon it 0 2 6 Charge of a Supersedeas in Chancerie TO the Master of the Chancerie for taking of his Baile 0 2 0 For the Warrant 0 2 0 For the Writ 0 5 6 For the Allowance of it 0 2 0 These sayd Fees bee onely of the ease of a single person and for the peace onely Â
shall returne a Cepi Corpus vpon any of them then the Plaintiffe shall haue no farther Proces against the Defendant If vpon any such Returne no Appearance shall be made on the Defendants part then the Plaintiffes Attourney must goe to the Phillzoers or the Prothonotaries and get the same Writ or the Returne thereof taken out And then giue to the Sheriffe Day to bring in the body of the Defendant or else be amerced at the discretion of the Iudges And if the Sheriffe doe not bring in his prisoner by the day giuen then the Plaintiffes Attourney is to get the Amerciament to be Estreated And to sue out a Writ of Habeas Corpus to bring in the body of the prisoner And if the Sheriffe who did so arrest the Defendant bee out of his Office before hee doe returne your said Habeas Corpus and the Defendant appeareth not yet then you are to sue foorth Distringas nuper vic The Phillozer vppon making out of the first Capias enters into the Role an Apposen So that it may appeare vpon Record which Apposen the Plaintiffe may continue for a Terme two or more if he please And their Common Processe must haue at the least fifeteene dayes betweene their Teste and Returne If Proces remaine vncontinued by diuers Termes and no exceptions be made thereof by the Defendant the same may bee continued by the Plaintiffes Attourney paying to the Phillozer or his Clarke for euery continuance foure pence per peice And if the Defendant do dwell in one County and the Suite bee commenced in another Then there must goe forth a Proclamation vnto the Sheriffe of the County where the Defendant doth dwell at the time when the Exigent is awarded And this Proclamation must beare Teste and Returne with the Exigent and both must bee returned the Defendant not ap pearing And if the Defendant doe put in Supersedeas before the returne of the Exigent then the Plaintiffe neede not care for the Returne of the Proclamation And if the Defendants Attourney come not to the Prothonotaries Clerke and take a Copie of the Declaration and make an answere to the same within nine dayes after the Returne of the Exigent Iudgment shall be awarded against the Defendant And if the Plaintiffe do not make his Declaration ready within foure dayes after the Returne of the Exigent Then the Defendant may call the Plaintiffe non Suite and recouer his charges And if the Defendant will haue a Supersedeas vppon Maine-prise It must bee sued out of the Clerke of the Treasury his Office vppon Sureties That if the Defendant make default hee shall pay the fine If the Sheriffe returne to small Issues vppon Distresse the Plaintiffe may haue Amerciament against him and haue him called into the Court to amend the Issues for the Kings aduantage If the Plaintiffe bee not ready to Reply vpon pleading He may enter Imparlance and giue day ouer vntill the next Tearme vnlesse the Defendants Attourney preuent him by giuing to him a Rule and day certaine to Ryply At the day of Imparlance The Plaintiffe is to call the Defendant and to giue him a day to plead or answere againe or to make it knowne whether hee will stand to the Plea or Answere which he made in the precedent Terme or no And if the Defendant doe neither make knowne that hee will then stand to his former answere nor answere de nouo vppon ordinarie dayes giuen vnto him Hee shall be Condemned in the Cause for hee cannot then refuse as hee might vpon an Al. bre VVhen any matter is pleaded to an Issue The Plaintiffes Attourney must haue a care to see the Issue be rightly entered into the Prothonotaries Role And thereuppon put in his VVarrant of Attourney if it bee not in before at the Exigent in manner as aforesayd But it is most requisite that the VVarrant should bee put in vppon the Exigent by the Plaintiffes Attourney for feare least the Defendant should not appeare but be returned vtlawed And the Defendant in case the Plaintiffe shal faile to put in his Warrant as aforesaid may sue error in the proceeding and assigne the want of a VVarrant which is manifest error and thereuppon the Plaintiffes attourney shall pay tenne pounds After the Issue is entered the Plaintiffe may sue forth Venire facias or else continue it for a Terme or two And vppon the Plaintiffes default by ouerlong delay the Defendants attourney may sue forth Venire fac pannell Note that you may enter the first Ven. fac returned fifteene dayes after at which day the VVrit of Nisi Prius with the Hab. Corp. is also awarded and the Triall likewise if it bee in London After verdict vppon Triall the Postea is returnable in his due time Thereupon the iudgment is entered and a Capias goeth foorth first into London because the action is laid in London This Capias is to be returned fifeteene dayes after Non est inuentus and then goeth forth Capias with Testat into the Country where the Defendant dwelleth then is execution sued out and not before Note also that if the Sheriffe at the day of the Ven. fac do returne rhe same sued then the Plaintiffes attourney may haue a Hab. Corp. theruppon to be made by the Clerke of the Iuries which hee is to see well examined when hee fetcheth the same away from thence And at the Returne of the said Hab. Corp if it be at the assizes and the Iury fill not at the calling of them the Plaintiffes attourney may craue a Decem tales et circumstantibus Ten the like of those that be standing by to fil vp the Iury. But if it be at the Common-pleas Barre He may not craue a Tales de Circumstantibus but a Tales onely or sue a Distresse with a Tales The first onely is a Decem Tales at the Barre The second an Octo Tales if the Decem did not fill Soe from Octo vnto Quinto and from Quinto to Duo Tales hee must discend till the Iury be filled all which the said processe must bee taken out of the Prothonotaries Office or the Office of the Clerke of the Iuries which bee respectiuelie entered most duely And if the Sheriffe vppon any of these sayd VVrits doe returne Tardè for want of sufficient time to warne the Iury You are to sue forth an Al. distress Note that if a Plea bee pleaded heere by the Defendant and the Plaintiffe haue therevppon replyed if if it bee a plea of a former Terme the defendant can neuer amend or with-draw his plea except it bee in Letters or Syllables But if it be in the same Terme he may For in this Court euery plea is or ought to be entred in euery Terme as it is pleaded howsoeuer it is otherwise in the Kings Bench. If the Defendant be returned sufficent in an action of Trespasse A Distresse is to be awarded And if hee be returned Nihil then the seuerall Cap and an exigent be awarded If an Vltary
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
sets his hand to the value of the Lands vppon Oath taken before him but it is written in Paper And when you come to passe your Fyne in my Lord of Leicesters Office so called as I said before because vppon the new erection of it in the dayes of the late good Qâ—…eene Elizabeth it was conferred vpon him and was deuised prouided chiefely to take notice of Alienations being the proiect of one Mr. Sutton of Lincolnes Inne as I take it Then you must borrow that Paper of the Iudge of Assize before mentioned to shew it vnto the Officers here Or else you shal be compelled to compound anew for the value of the Lands c. But if the Knowledge be made in open Court then you must haue the Precipe in Parchment which must bee annexed to the Writ of Couenant and you must deliuer it vnto the Sergeant at Barre to draw for which his Fee shall bee set downe hereafter and this you may do before you pay your Fine by which Knowledging you saue your Clyent a good part of his charge And if it bee Knowledged before my Lord chiefe Iustice of the Common Pleas in his Chamber or in any other place sauing in the Court then one of his Clerkes will make your Precipe Concord and write them in Parchment wherevnto he will get my Lords hand And then you are to consute the Writ of Couenant to the Concord and so passe it through my Lord of Leicesters Office the Custosb reuium the Kings Siluer and the Chirographer as is before set downe Note also as I gaue you to vnderstand before in part that if the Lands bee holden in Capite of the King then you must sue forth your License of Alienation for your establing in that behalfe For if you enter into the Lands without License the King will haue a Writ of Intrufion against you for the same aud so receiue al the maine profits thereof likewise vntil you haue sued forth your pardon heerein which will bee a matter of much charge c. How your Lieence of Alienation must be sued out FIrst you must get him who is proper Clerke for the Licences of Alienation to make your Dockquet or as it is corruptly writ ten your Dogget in paper which you are to carrie to the Office called my Lord of Leicesters Office or Office for Alienations At this Office you must compound for the value of the Land either by Commission or Affedauet and you must pay the third part of the value sessed for a Fine and that presently after the Master of the Chancery or Doctor who attendeth for that purpose hath set his hand to the Dockquet the fee for which hand expect anon This being done your Writ is to bee entred there in the same Office And then two Clerkes of the Office to whom it doth appertaine of property wil set their hands to the Dockquet and will afterwards make your Licence of Alienatiou and get it sealed for you the seuerall Fees of which seuerall passages I reserue for their proper Station c. Note that the Post-fine of euery Fine knowledged is as much as you pay in the Chancery halfe as much more and if it be to be leuied by the Sheriffe of the Shire where the Land lyeth which did passe by the Fine after Proclamations which is the yeere after the fine is leauied The Causes whereupon wager of Law lyeth IF any man bee sued vpon a simple Contract as Vpon Booke Vpon Emisset or Emisit Vpon Mutuatis or Mutauit Vpon Concessit soluere or Assumpsit oluere Vpon an Insimul Computauerunt Vpon a Detinet Vpon a Trouer Vpon Debt being not by Obligation of Bill signed and sealed In euery of these the Defendant may wage his Law that is Hee may dispose that hee oweth the Plaintiffe nothing and so auoyd his suite Wager of Law is to be done in this wise viz. that he plead Nil debit perlegem And so hee is to get day ouer vntill the next Terme to do his Law Or else he may do his Law presently at his owne election But if he deferre the doing of his Law vntill an other Terme He the Defendant must haue a care to come in at his day and do his Law Or if it so happen that hee cannot come in at the time and place appoynted His Attourney must remember the time when his Clyent was to do his Law and vpon the same day to cast an Essoyne for him or else the Plaintiffe will haue Iudgment against him by default And if the Defendants Attourney do so cast the Essoyne then the Plaintiffes Attourney is to adiourne it which if hee neglect to do the Desendants Attourney may call the Plaintiffe Nonsuit But if the Plaintiffe doth Adtourne it then the Defendant is to doe his Law peremptorilie at the day giuen him or else Iudgment shal be awarded against him by his owne default And in case where the Attourney for the Defendant doth not cast his Essoyne at the day for the benefite of his Clyent and his Clyent is not readie to doe his Law Then the Attourney for the Plaintiffe may enter a Ne recipiatur with the Clerke of the Essoynes and giue him day in Court to doe his Law very speedilie viz. within three or foure dayes after and vpon the Defendants default then the Plaintiffes Attourney may enter a Iudgement against the Defendant Then is the Plaintiffes Attourney to make a Bill of his Clyents charges get it rated and allowed by the Prothonotarie which done he may make forth Execution against the Defendant in what sort he shall thinke it best When the Defendant commeth in to doe his Law He is to bring in some of his neighbours or acquaintance to depose with him in manner following viz. Euery of them must make Oath that he beleeueth that the Oath which the Defendant taketh and deposeth is true He the Defendant deposing before them that he oweth no such debt to the Plaintiffe as the Plaintiffe declareth for nor any part thereof And the Defendant should bring with him twelue such neighbours or acquaintance compurgators with him who should all depose in like manner as aforesaid But there is an Officer here for the case of the subiect who will furnish the Defendant in this case of Wager of Law with twelue such Compurgators as occasion shall require for with a lesse number you cannot wage your Law c. VVhen the Defendant hath his said full number of twelue then his Attourney is to get the Prothonotarie to take his VVager of Law Then will the Cryer of the Court cause the Defendant to stand vp at the Barre and the Iustices will examine him whether he oweth or deteineth the money or goods or Chattels contained in the Declaration or any part or parcell of the same wherevnto the Defendant is to answer yea or no. And if the Defendant deposeth that hee doth not owe or deteine from him the Plaintiffe the same nor any
then to coÌ„municate them with the publike in a knowne way of dealing and a familiar language of commerce For aunswer whereunto I referre me to the preface in the frontispice hereof Desiring onely such as affect generall good to testifie their generous and ingenerate goodnesse in the assistance hereof Thus the Author prayes in ayde of your Common Pleas men especially and as duetie more bindeth him of that most worthy to be so most eminent a Prothonotarie among you Mr. Brownlowe with this Conclusion You that are Masters of this Science I aske your ayde and free suppliance Catâ—…ra turba tuas muscas venare ministro Fulminis hac valido propria praeaa Vale. THE KINGS BENCH THE Kings Bench consistes of the Prothonotary side and the Crowne Office side c. On the Prothonotaries side are as I deliuered in my Search of Record Onely Personall Actions and some mixt Actions besides such matters as the King is partie FOR their proceeding in personall and mixt Actions It is generally the like as that of the Common-pleas and therefore shall not require a second recitall So are their Fees generally alike For he that is a sufficient Common-pleas man is able to the practice of any other Court of Common Law whatsoeuer And therefore I shall onely shew you in what poynts of proceeding they doe differ and how easily those differences are or may bee reconciled withall The Kings Bench vseth onely a Latitat for their leading processe To this the first Leading Capias of the Common-pleas does answere For as the Capias hath an Originall Writ to goe before it So the Latitat supposeth and pretendeth a Bill of Middlesex to lead it also For that is granted in the Kings Bench because it is intended that the Defendant vpon returne of a Bill of Middlesex precedent doth Latitare in ualliua tua c. Onely the Latitat is like to Doctor Giffords water which serues for all diseases and so it holds one forme in all cases and Actions whatsoeuer and charges the defendant onely De pl. Trans bee it for debt or other cause c. But the Originall must containe the true cause of action and be so exactly set downe and drawn that all the following Processe and proceeding may be tyed to agree with it punctuatim The Kings Bench man payes fiue to the King in debt and the like actions aboue 40. l. So doth the Common-pleas man too But the Kings Bench man he payes but halle so much as the Common-pleas man doth and the Common pleas man is the better pay-maister too For hee payes at the first entrance into suite and vppon the Originall whereas the other payeth not till hee declareth which in many cases neuer is done at all In the Kings Bench the Plaintiffe hath longer time to declare then is allowed in the Common-pleas And where the defendant appeareth vppon ordinary Bayle whosoeuer will may come in and declare against him which is not vsed in the Common-pleas In the Kings Bench you shall not neede to put in special baile vnlesse it be for debt vpon Speciality So is it likewise in the Common-pleas But the Common-pleas enioynes speciall Bayle for 10. l. And the other not vnder 20. l. In the Kings Bench the Attourney for the defendant may mend or alter his Plea after it is deliuered ouer So may the Common-pleas man too But the Common-pleas man must doe it within the same Terme whereas the Kings Bench man hath a longer time For that hee is not tyed to enter by parcell and so soone as the Common-pleas man is but to doe it altogether and at much more leisure For the charge of remouing the body of any Prisoner by Habeas Corpus in the one or by Ostensum est in the other though there bee some difference in the first rise and here and there afterwards in the proceeding of the Remooue putting in Bayle and filing of it yet if wee conferre their Bills of Costs together in the conclusion we shall finde a very little difference in the whole Both pay dammage cleere that is poundage vpon euery twenty shillings in a Iudgment But the Kings Bench payes onely twelue pence in the pound and the other payeth two shillings There bee some other few differences in the formalitie but none in the substance of their mysteries And thus I leaue the Prothonotary side For the Crowne Office side It pleased some to make an especiall suite to exclude my pen from meddling in their mysterie in my former Worke. And therefore as I then sayd so I must now resolue that I doe aduisedly pretermit it and giue it backe to their owne care who are better able to performe this generall good at their pleasure when it shall please them to intend the publique And now I bend my iourney homeward and to my natiue Birth-bed London LONDON THEIR COVRTS OF COMMON LAW viz. First The Lord Mayors Court 2. The Sheriffes Courts THey doe all deale in Actions personall for the most part vnlesse on the Lord Mayors side sometimes a Reall Action falls in by chance for matter or demand of something lying within the Citie Their proceeding generally is ad exemplum of the Kings Bench onely differing in such cases as where their Customes carry their predomination The Defendant if he bee a Free-man hath foure defaults that is foure the next Court dayes of the place where the action lyeth to put in Bayle to the cause But the Forteyner hath no such priuiledge The Plaintiffe hath a day ouer to declare vnlesse it bee so that the Defendant is a Prisoner lying in Durance vppon the same suite For in such case the Plaintiffe must declare vppon the very next Court day following the Arrest And the Defendant is brought by Writ out of the prison to the Barre to pleade vnto the said Declaration There is one mayne difference betweene the Proceeding here and that aboue at VVestminster which is in the most familiar and ordinary action of the Citie viz. their Indebitatus assumpsit And that is that they deny wager of Law here vppon it which howsoeuer it bee countenanced and glossed by the Custome I am sure it takes away the Inheritance of a free-borne Subiect by the Law The like opinion I haue of an Attachment made of goods in proprijs minibus of the owner The proceeding heere generally in all cases where they lay by their Customes are to the president of the Common Law at VVestminster Onely they haue one helpe besides Errour and Erronicè emanauit after Verdict heere which is to marke the cause before my Lord Mayor where how farre that Superintendency may ouerrule I know not  l. s. d. The charge of the proceeding in the Sheriffes Courts in any ordinarie Action where the Iudgement is had by default is about 0 16 0 Where the Iudgement is had by Verdict of Iury about 1 6 8 For a Non suit in case where the Plaintiffe doth not declare about 0 8 0 For the Customes