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A34787 A perfect and exact direction to all those that desire to know the true and just fees of these courts following viz. The fees of all the offices belonging to the Court of Common Pleas, a table of the prothonotaries fees, the fees of the Chancery, according to the table in the office, the ordinance of the Chancery / by Th. Lord Coventry late Lord Keeper of the great seale of England. Coventry, Thomas Coventry, Baron, 1578-1640. 1641 (1641) Wing C6625; ESTC R17316 53,652 158

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of every generall Verdict with a Cur. adv●sare vult without a Tales ii s. iiii s. And with a Tales For the entrie of every Remittimus of debt and damages xii d. For the entrie of every Information upon a penall Law not exceeding three sheetes ii s. xii d. And for every sheete exceeding For the entrie of every surmise for a Prohibition to be granted not exceeding three sheetes ii s. xii d. For every sheete more For entring of every Audita querela not exceeding three sheetes ii s. xii d. For every sheete more For the entrie of every Oath of every witnesse to prove the surmise in a Prohibition or Audita quer brought by an Infant and the entrie of the proofes de morte c. vita viri in dower and the like actions and suits ii s. For releasing of any default in any reall action ii s. For damages cleere in any action where damage is given if the damage given amount unto five markes or above ii s. in the pound ii s. o If under five markes For examining any Record of Nisi prius xii d. For making the Record for triall of any issue in any of the Counties Palatine for the first three sheetes ii s. iiii d. For every sheete more For the exemplification of every Record not exceeding sixe sheetes v. s. xii d. For every sheete exceeding For the entrie of Seisin in dower and dying seised if the retourne of the seisin exceed not three sheetes iiii s. xii d. For every sheete exceeding For entring the default upon trespasse in waste Quare impedit if the Count or title doe not exceed three sheetes vi s. xii d. For every sheete more For the entrie of a Quo warranto not exceeding three sheetes ii ● xii d. For every sheete exceeding For the entrie of every Plea thereupon according to the same rate xii d. For the entrie of every Plea in contempt pleaded before Auditors if it be not above three sheetes ii s. xii d. For every sheete more For the entrie of every Summons severances and aide de prior ii s. For admission of an Infant to his Guardian or Procheine Amie ii s. iiii ● And if by Commission For entring the Writs of Exemp de non ponend in Iurat Paten de libertatibus allocandis protectionibus Cognizance of Pleas and the like according to the rates aforesaid if it exceed not three sheetes ii s. xii d. For every sheete exceeding For the entrie of a Defendants discharge upon a cap. pro fine or contempt ii s. For the like upon a rescous retourned and admitted to his Fine iiii s. For traversing the rescous and issue thereon vi s. For entring of the allowance of every generall and speciall Pardon of Outlawrie before judgement and after v. s. iv d For entring of a Dies dat in debt detinue and trespasse xii d. ii s. And in all other actions For entring of a receipt of a Feme covert Tenant in taile Leassec for yeares or the like ii s. For entring of a Plea if it exceed not three sheetes ii s. xii d. For every sheete exceeding And if the receipt be by Writ then more for entring the Writ ii s. For the entring of an Assize delivered in Court of the common Pleas by the Justices of the Assize to be inrolled for every sheete xii d. And if the Assize come into the Court by ●ertiorari then more for entring the same ii ● For entring of every Abridgement of the Demaund in dower waste and the like ii s. For the entrie of every Pone to remove a Plea by Writ out of the County Court there holden by Justices and for retourne of the Pone iiii s. For the entring of any Record sent into the Court by Mittimus or otherwise and for entring of every Rege inconsulto or the like if it exceed not three sheetes ii s. xii d. For every sheete exceeding For the entring of every Certiorari of Bastardy certified by the Bishop the awarding of the Writ and judgement thereupon vi s. For entrie of the Licence of the Court to purchase a new Writ by journies of accompt For entring of every Originall Writ delivered of Record in reall and mixt actions ii s. Fees for Writs FOr every Writ of Prohibition or Consulation not exceeding foure sheetes ii s. iiii d. For every sheete exceeding For every Withernam Return Habend after appearance second deliverance Writ of priviledge Habeas corpus Procedendo Certiorari Summons and resummons pet cap. ven fac Scirfac Elegit Extent Supersid Subpen Writ to the Bishop Attachment Distring Iur. Habeas corp distring in Ass Attinct and the like haberi fac seisin haberi fac poss Writ of View Mittimus Indempnitat nominis and every other speciall Writ ii s. For the entring of every such other Writ which requires an entring not exceeding three sheetes ii s. xii d. For every sheete more For every Testat scir fac Testat fieri fac distring ad deliberand and Writs to inquire of damages of Trespasse and Replevin xii d. For Writs to enquire of damages in Covenant Ejectment Actions upon the Case and the like ii s. vi d. For every Cap. pro fine For the Exigent of a Cap. pro fine x. d. For entring the retourne in every Writ in the Prothonotaries Roll other then the retourne Non est invent and upon the Scire fac nulla hab bona whereupon any further processe is awarded not exceeding foure sheetes ii s. xii d. For every sheete more For the entring of every Writ of priviledge or Habeas corpus with the baile for one cause vi s. ii s. For every cause more For the entrie of every Mittimus die causa ii s. For every reversall upon an Outlawry for default of Proclamation with one name and the baile upon a Nolle prosecuti v. s. iv d ii s. For every name more For every reversall for every insufficient Exigent or retourne for one name 8. s. iv d ii ● For every name more The Fees abovesaid are the Fees which were usually and accustomably taken in my Office of chief Prothonotarie of the Court of common Pleas at Westminster in Ann. 32 33. Eliz. nup. Reg. Angl. in which yeare I was admitted to the said Office and as I verily thinke the ancient Fees of the Court. Brownelowe IN Anno xvi Iac. Reg. I came to my Office of second Prothonotary of the said Court of common Pleas and the Fees before mentioned were the Fees which usually and accustomably then were taken and I doe verily thinke them to be the ancient Fees of the Court belonging to my Office Gulson THe Fees before recited are the Fees which were usually and accustomably taken in my said Office of
and Records vi d. for every wager of Law xviii d. for a copy of a Precipe after the Terme iiii d. for a Fine acknowledged in the Treasurie and v. s. from the Clarke of the Treasurie for his attendance every Terme we know not any of them to be due In the Outlarie Office THe Fees mentioned in the certificate under the hand of Master Attourney generall for the Fees of the Clarke of the said Office we acknowledge to be the usuall and accustomed Fees which have been paid during our remembrances But we doe certifie that under colour of these Fees where there be more defendants than one in a Writ there is by them taken for the entrie of the reversall to discharge proces thereupon or upon a Writ of Error for every name ii s. viii d. whereas we conceive there is but ii s. viii d. due for all in one Writ of Exigent that be reversed all one time Where there is demanded for search of an Outlarie for every Terme within one yeare iiii d. and for every Terme above the yeare iii. d. we certifie it is but only in case where search is made by a stranger and not by the Attournies for Writs sued out by themselves The Proclamators Fees THE Fees mentioned in the certificate under the hand of Master Senkey for the Fees of the Proclamator we thinke to be the usuall and accustomed Fees which have been paid to that Officer But we certifie that the Prothonotaries and the Chirographer doe receive the said Fees and not that Officer himselfe which Fees are now claimed by the Cryers Clarke of the Iuries AS for the Fees mentioned in the certificate of the Clarke of the Juries under his hand we certifie they be the usuall and accustomed Fees which have been paid since and during our remembrances The Clarke of the Essoines THE Fees mentioned in the certificate under his hand Wee thinke to bee the usuall Fees which have been paid to that Officer during our remembrance The vi● s. vi d. demanded for exemplifying of every Es●oine and Nonsuit thereupon and iii. s. iiii d. for the copy thereof We know no such Fee to be due unto him And as for the Fee of iiii l. ix s. by him demanded from the Officers of this Court towards the numbring and marking of the Rolls every Terme We know not any such Fees due unto him and if it be We thinke it be not within our enquirie The Court Keeper WHereas this Officer requireth ix s. vi d. for every Wager in Law his due being onely xxii d. the rest is to be divided amongst the Cryers Wagermen and other Officers and for the ii s. vi d. for a Jurie at Barre we certifie that there is onely xii d. due and no more For the Fee of vi s. viii d. from the Clarke of the Treasurie for hanging the Cloath of the Court We know no such Fee due to him and if it be it is from the Clarke of the Treasury and so under favour as we conceive not within our enquirie And as for the Fee of xii d. for every Attourney sworne in Court ii s. for a Nisi prius in Middlesex iiii d. for a Baile iiii d. for a Fine iiii d. for a Recovery at Barre and ii d. for satisfaction acknowledged We say there are no such Fees due The Porters Fees THE Fees mentioned in the certificate under the Porters hand We thinke are the usuall and accustomed Fees during our remembrances paid Except The Fee of v. s. for every triall at Barre his due being but xii d. xii d. for a Nisi prius his Fee being but vi d. IV. d. for a Fine which is not to bee paid but for every Fine acknowledged by a Feme covert in Court IV. d. for every Writ of Entrie iv d. for a Baile ii d. for satisfaction acknowledged and iiii d. for a Guardian We certifie that there are no such Fees due The Clarke of the Errors Fees FRom the now Clarke of Errors we have no certificate but for the Fees formerly certified by Master Moile late Clarke of the Errors we thinke that the Fees by him certified are the Fees which usually and accustomably paid during our remembrances Except The Fee of iii. s. by him demanded for a Supersid de non molestando there being but ii s. due and ii s. for making of the Record The Fee of ii s. iiii d. for a Nonsuit upon a Writ of Error we certifie it is not due The Clarke of the Inrollments THE Fees certified by Master Iackman for the Fees of that Office we certifie to be the Fees due by Stat. Except The Fee of xvi d. by him demanded for search of every Fine to be inrolled for every yeare whereas the Fee by Stat. as we conceive is but iiii d. a sheete The Fee of xii d. for copying every sheete of every Fine inrolled whereas the Fee as we conceive is but ●iii d. a sheete And as for the Fee of viii s. iiii d. for the Clarkes Fee for inrolling by the Roll and viii s. iiii d. for exemplifying after the same rate and for the iii. s. iiii d. for the rule upon amendments we doe certifie that we know no such Fees to be due And as for the Fee of ii s. demanded for retourning Writs of Covenant upon Fines Writs of Entries Summons and Seizins upon common Recoveries as deputies of Record for Sheriffes appointed by the Court we doe certifie that the same Fee is not due unto him but was anciently due and taken by the Attournies and allowed them for returning of the said Writs and their better care to avoide Errors in sewing forth the said Fines and Recoveries The Attournies Fees VVEE doe certifie the Attournies Fee for prosecution is and during our remembrance have been for every Terme it every reall action And in every other action Bookes and Tables TOuching the having of any Bookes Tables Rolls Orders Warrants Records Entries or other Notes or writings for the discovery of those things we are charged with Wee doe certifie that we have not any in our custody neither doe wee know where any are but only in severall Offices by us certified Io Nichols Peter Noyes Geo Holland Roger Hide Rob Hanson Io Wickesteade Io Bimbrone Io Skinner Nich Allen. Fra Kempe Io Rowley Edw Waller Io Tyrer Roger Doddeswell Rob. Benson Will Corfield Tho Blofield Fra Newbone Anth Rogers Anth Langston Geo Needler Will Cragge Peter Bird. Edw Ball. Ro Hamby Rich Morse Thus farre examined The Fees here under mentioned are the Fees due and paid to the Lord chiefe Iustice and the other Iustices of the Court of common Pleas at Westminster as they were due and usually paid to our Predecessors Iustices of the same Court The Lo chiefe Justice his Fees FOR allowance of a Writ of Error upon an Outlarie before judgement xx s. For a Baile taken upon an Outlarie upon meane Proces in debt if the debt be xx ● or
above ii s. 4. d. For the allowance of a writ of Error upon a judgement xx s. For Baile taken in case of debt after judgement xii s For the allowance of a writ of Error upon a judgement upon a Scire fac and Outlarie after judgement xxxv s. For making the Roll that a writ of Error is allowed on ii s. iii. s. For a Supersid For the transcript of a Record being a Proces 6. s. 8. d. 6. s. 8. d. 14. s. 9. d For every proces more For the retourne of every Certiorar For the seale of every Record of Nisi prius ii s. i. d. For the seale of every Writ sealed in Court i. d. For the seale of every Exemplification ii s. ii d. The Fees following are due to such of the Iudges who doe performe the businesse FOr acknowledging of a Fine or warrant of Attorney for a common recoverie out of Court 6. s. 8. d. For signing every writ of priviledge to remove any cause Habeas corpus procedendo or Supersid upon a Procedendo iv s. For every Baile taken out of Court upon any such writ of priviledge wherein one cause only is retourned ix s. 8. d. For every cause more ii s. For the confession of a judgement out of Court 9. ● 8. d. For every Phillizers Baile and other Baile taken out of Court 9. s. 8. d. For acknowledging satisfaction out of Court 9. s. 8. d. For acknowledging out of Court a Deed to be inrolled 9. s. 8. d. For admission of a Guardian out of Court 9. s. 8. d. For the proofe of a suggestion out of Court for every witnesse 9. s. 8. d. For a warrant for passing of a Fine where there are more than three Cognizors or three Cognizees parties to the Fine iiii s. For every Affidavit taken out of Court upon a forraigne Plea or Rescous ii ● For any other Affidavit taken out of Court viii d. For exhibiting of an Information out of Court viii d. For signing a Bill of costs to award an Attachment for not appearing upon a Subpoena viii d. For granting a Licence to compound upon a penall Law ii s. For assessing of the Kings part of a forfeiture upon a penall Statute after composition with the Informer ii s For the commitment out of Court of a prisoner to the Fleete charged with one cause only 9. s. 8. d. For every Baile taken out of Court upon an Outlarie in debt upon meane proces reversed if the same be xx l. ii s. iv d Divident Fees These Fees following are due to the Lord chiefe Iustice and the other Iudges of the Court of common Pleas by way of Divident FOr confessing of a Judgement in Court vi d. For acknowledging satisfaction in court if the debt or damage doe not amount unto 100. l. vi d. If the debt or damage doe amount to 100. l. xii d. and for every 100. l. after the same rate xii d. For admitting an Infant in court to his Guardian xii d. For reversing an Outlarie in Court for error in the Exigent or retourne xii d. For the like for the insufficiency of the Proclamation or retourne or for want of a Proclamation ii ● For every common Recovery acknowledged in Court vi d. vi d. For a Fine acknowledged in Court For a Baile taken in Court or a Baile or Recognizance acknowledged in Court xii d. For a deed acknowledged in Court to be inrolled for a discontinuance xii d. 9. s. 8. d. For a Prohibition granted For every wager of Law or Nonsuit upon a wager of Law vi d. For admission of an Attourney to be an Attourney of this court xx ● The Puisne Iudges Fees FOr every Fine drawne at the Bar xii d. For a Recovery drawne at the Barre with a single Voucher xviii d. vi d. iiii s. vi s. 8. d For every Voucher more For reversall of an Outlary in court For taking of a privy Verdict For taxing of costs upon every Verdict From the Clarke of the Warrants every Terme to every of the puisne Judges For every Attourney whose name is recorded in the Roll of Attournies every Terme iiii d. For inrolling and examining the parts of a Fine and Writs upon common Recoveries by the Stat. 23. Eliz. vi ● For the Exemplification and examination of the parts of a Fine and VVrits upon common Recoveries by that Stat. v. ● For drawing and entring a rule for an amendment upon that Stat. xii d. For a search made upon the inrollment upon that Stat. iiii d. For a copie of a Fine or Writs inrolled upon common Recoveries inrolled by that Stat. for every sheete iiii d. For the retourne of every writ of Covenant brought to levy a Fine upon x. d. For the retourne of every writ of Entry to suffer a common Recovery every writ of Summons and Seizin thereupon x. d. An ancient Fee of vi s. viii d. for signing of a Dedimus potestatem due to the Judges of any Court who doe assigne the same which is now and of late hath been divided amongst all the Judges that ride the Circuits 6. s. 8. d. These Fees following are due to the Clarkes of the Lord chiefe Iustice and other the Iustices of the said Court TO the Judges Clarke of the Fines for taking of a Fine or warrant of Attourney iii. s. 4. d For certifying of a Fine or retourne of a Dedimus potestatem xvi d. To the Judges Clarke of Bailes for taking every Baile xii d. For entring every caveat to give notice that good Baile may be taken xii d. For satisfaction acknowledged out of Court xii d For a Deed acknowledged out of Court to be inrolled xii d. For the proofe of a suggestion out of Court for every witnesse xii d. iiii d. For an Affidavit taken out of Court For entring into his Booke an Information exhibited out of Court iiii d. For entring into his Booke of costs a warrant signed to award an attachment for not appearing upon a Subpoena iiii d. For entring into his booke a licence so compound upon a penall Law iiii d. For entring into his booke the Kings part of the forfeiture upon a penall Law assessed by the Iudges after composition with the Informer vi d. For entring into a Booke a commitment out of Court of a prisoner to the Fleete charged with one cause only xii d. To the puisne Iudges Clarke of the Inrollments for copying inrolling and examining the parts of a Fine and Writs upon Recovery by the Statute 23. Eliz. 8. s. 4. d. For a search made for an inrollment upon that Stat. viii d. For writing of a Fine or Writs inrolled upon a common Recovery inrolled by that Stat.
happen being very seldome 7. s. vi d 3. s. iv d xii d. For the copie thereof For the Clarke For severall Fees from severall Officers of the Court towards the numbring and marking of the Rolls 4. l. 9. s. Fran Hurst Outlawrie Office In the Kings Attourney generall his Office of the Outlaries executed by his Deputy Master Iohnson the Fees are as followeth viz. FOr a speciall Cap. Vtlagat against body lands and goods ii s. 4. d. xiiii d. For a propr For every Writ of hab corp duces tecum when they are sued forth ii s. iv d xiiii d. x. d. vi d. If a propr For a generall Cap. Vtlagat If a propr For ingrossing and certifying a speciall VVrit with the Inquisition retourned by the Sheriffe of lands or goods found thereupon and for the Exigent with the retourne thereof at large certified into the Exchequer when it is required the Office Fee is viii s. unlesse it be commanded by the Lord Treasurer Chancellor or Barons of the Exchequer or by the Kings Attourney generall or Sollicitor for his Majesties service only then no Fee is viii s. aut nil due For ingrossing and certifying a reversall into the Exchequer to discharge Seizures upon Outlaries when any is v. s. iiii d. And to the Clarke For entring the reversall in the Outlarie Office to discharge all Processe thereupon or upon any Writ of Error ii s. 8. d. For certifying of an Outlarie or reversall when it is pleaded ii s. iiii d. And to the Clarke For search of an Outlarie one Term as in all other Offices iiii d. if above a yeare then iii. d. a Terme which is iiii d. iii. d. the utmost For entring and filing of an Exigent with one processe thereupon iiii d. These severall Fees aforesaid were paid and received in Easter Terme 34. Eliz. and ever since to mine own knowledge for so long I have been and continued Clark and Deputy to all Attournies generall that have been since that time These as I understand are the true Fees Ro. Heath Will. Iohnson The Fees of the Seale for Writs ALL VVrits of the Kings Bench and Common Pleas vii d. The exemplifications of the Kings Bench ii s. vi d The exemplifications of the Common Pleas ii s. ii d. i. d. i. d. Outlaries Propr Ri Ligon Fees due to the Marshall and Proclamator of the Court of Common Pleas given by Order made by all the Iudges of the Court Term. Trin. 31. H. 1. post Conquestum and received accordingly by the said Marshall and Proclamator for any thing appeareth to the contrary untill 11. Eliz. and ever since INprimis For every Judgement and Nonsuit iiii d. viii d. Item For every Fine Item For every finall judgement xii d. William Senkey Chiefe Usher of the Exchequer and Marshall and Proclamator of the said Court of common Pleas by Lease from Clement Walker Esquire who hath the same Office in inheritance by graund Serjeantie The foure Cryers HEreafter doe ensue the good Ordinances and Rules made aswell by the Kings Justices of the common Pleas in times past as by the Justices now being for the good rule and order of the said Court which same now Justices doe charge and command every of the said Officers and Attournies well and truly to observe and keep upon the paines therein limited Which said orders were enrolled Termin Trin. 35. H. 1. post conquestum rot 494. Io Priest chiefe Justice of the common Pleas Ni. Austen Pet. Arder Ro. Davers Ro. Dawbie Wa. Moile and Iohn Needeham Just of the same Court The Cryers Fees from 11. Eliz. FOr every judgement iiii d. xii d. iiii d. viii d. viii d. ii s. For every finall judgement For every Nonsuit For every Fine For every Recovery For calling a Jury if they fill not For every Jurie if they fill and serve and give up their Verdict the same day at the Bar the same day and for keeping them till then xvi s. If the Jurie lie all night that we be forced to watch and waite on them all night xxx s. For carrying every bundle of Records out of the Treasurie into the Court and back again into the Treasurie vi d. vi s. xii d. xii d. 4. s. 4. d. iv d. For every Attourney that is sworne For every Baile For every Oath in Court For every wager of Law old Fees For every Scire fac called in Court For every Nisi prius before my Lord chiefe Justice iv s. xii d For every Guardian Ro. Heliard Iohn Philpot Tho wickman William West The Fees of the keeper of the Court from 11. Eliz. FRom the Clarke of the Treasurie for hanging the cloath of the Court vi s. 8. d For a wager of Law and Wagermen ix s. 6. d v. s. xii d. ii s. iv d. iiii d. iiii d. ii s. For a Jurie at Bar For every Attourney sworn in Court For a Nisi prius in Midd. For a Baile For a Fine For a Deed acknowledged For satisfaction acknowledged Will Wese The Fees of the Clarke of the Inrollments of Fines and Recoveries INprimis The Fee due to the Judges by the Stat. of 23. Eliz. for inrolling of every Fine and Recovery 6. s. 8. d. Item Due to the Judges by the same Stat. for exemplifying every inrolment v. s. For search of every Fine inrolled for every yeare xvi d. For copying every Fine inrolled for every sheete xii d. For the Clarkes Fee for inrolling by the Roll 8. s. 8. d. 8. s. 4. d. 3. s. iv d For exemplifying after the same rate For every rule upon amendments For retourning VVrits of Covenants upon Fines and VVrits of Entries Summons and Seizins upon common Recoveries as deputy of Record for Sheriffes appointed by the Court the ancient Fee is ii s. The Porter of the Court his Fees from 11. Eliz. FOr every VVrit of Entrie with M. Attourney generall iiii d. v. s. ii s. vi d. iiii d. iiii d. ii d. xii d. iv d. For a Jury at Bar For a Nisi prius For a wager of Law For a Fine acknowledged For a Baile For satisfaction acknowledged For the Attournies Oath For a Guardian Jo Wade Alienation Office THo Ravenscroft ●rat Poulton Geo Coultrop Esquires Commissioners Tho Bond Esquire Receiver Take no Fees but receive a certaine stipend from the King Fees taken by the Master of the Chancery for that Office appointed FOr signifying every Docquet upon Licence and Pardon of Alienation ii s. For every Writ of Entrie for lands holden in chiefe iiii d. For Writs of Entrie of lands not holden in chiefe iiii d. For Affidavits upon discharge of ii s. Tenures Anth Crosts The usuall Fees taken in the Office of Compositions for alienations by the Clarkes there FOr a certificate upon a Writ of Entrie iii. s. 4. d For the warrant
An Office called the Supersideas Office which as we are informed is granted by Letters Patents under the great Scale of England Touching what Fees Rewards Summe or Summes of money were in the said eleventh yeare of the raigne of our said late Soveraigne Queene Elizabeth or at any time since usually or accustomably taken received or had by the Judges Counsellours or Practilers Officers or their deputies or other Ministers Clarkes Registers or Attournies of the said Court we doe certifie as followeth videlicet The Iudges Fees that have beene usually or accustomably paid during our remembrances viz. INprimis For allowing a Writ of Error upon a single judgement 17. s. 6. d For allowance of a Writ of Error upon a judgement upon a Scire fac or upon an Outlarie after judgement 3● s. For signing every Writ of priviledge Procedendo Supersid upon a Procedend or Hab. corp iiii s. For a Baile upon a Writ of priviledge at then Chamber one cause only being certified 9. s. 8. d. ii s. For every cause more For a Prohibition 9. s. 8. d. For confessing a judgement at a Judges Chamber 9. s. 8. d. For an Affidavit before a Judge out of Court xii d. For acknowledging of a Fine out of Court 9. s. 8. d. For certifying of a Fine or retourne of a Dedimus potestatem and not of the Precipe xvi d. For every Warrant of Attourney for Recovery taken out of the Court 9. s. 8. d. For reversing of an Outlarie out of Court for one name 9. s. 8. d. ii s. For every other name For every witnesse for the proofe of a suggestion upon a Prohibition out of Court 9. s. 8. d. For admission of a Guardian out of Court 9. s. 8. d. 9. s. 8. d. iiii d. For a privie Verdict For signing of an Information For a licence to compound upon an Information ii s. vi d For acknowledging of a deed to bee inrolled in Court xii d. For acknowledging of a deed out of Court to be inrolled ix s. viii d. now they take but iiii s. For taking of a speciall Baile upon meane proces out of Court in the Phillizers xii d office in Terme For taking a speciall Baile upon meane proces after the Terme 9. s. 8. d. For a Warrant under a Judges hand to passe a Fine where are more than three Cognizois or three Cognizees which was not taken till 12. Iac. Reg. per ord cur iiii s. Serjeants Fees As for Counsellors there are none attending at the Court of Common Pleas other then Serieants at Law whose ancient Fees have been as followeth viz. FOr a motion or setting his hand to a speciall Plea x. s. For a triall at Barre or an argument upon a demurrer xx s. For drawing a Recovery at Bar to every Serjeant used in the same Recovery iii. s. 4. d iii. s. 4. d For declaring of a Fine at Bar The Custos Brevium THE Fees mentioned in the Certificate under Master Spencers hand hereto annexed are the usuall and accustomed Fees which during our remembrance have been paid Except The summe of xii d. demanded in the Fees of every Fine formerly certified which of late times hath been taken more than heretofore was anciently taken and was first claimed by them for retourne of Writs of Covenant under colour of Deputations from the Sheriffes and now is claimed for keeping three parts of a Fine which we hold not to be due Also the xx d. demanded for filing of every Writ after the Terme and so for every Terme after xx d. whereas the Fee of xx d. is not to be paid for filing of any Writ after any Terme unlesse it be filed after the last filing day of the next subsequent Terme after the retourne thereof and more then xx d. ought not to be paid for filing of any Writ unlesse it be above a yeare after the retourne Also the Fee of xii d. for filing of every Writ of Entrie Summons and Scizin upon common Recoveries taken by the Clarkes of that Office which wee hold not to be due for that iiii d. ought to be paid and taken as their Masters Fee for a post diem And we also certifie that there hath been usually and accustomably paid to the Custos Brevium or his Clarkes the Fees following videlicet For every Ne reciptatur comming under a Judges hand or by order in Court xii d For every note of Jurors names for the Clarke of the Juries to make further proces by viii d For every note of an Exigent for the Clarke of the Outlaries to make further proces by viii d For the copying of every Writ or other Record for every Sheete viii d. For the ●e●●●h of any booke of Entries of any Writs for every Terme searching iiii ● As for the rest of the Fees mentioned in the said Certificate the same being Fees demanded by the Clarkes of the Custos Brevium his Office and Bag-bearer to be allowed them by the Master of the said Office we know not any such Fees to be due unto them and doe certifie that if any such be the same are to be paid to the same Clarkes and Bag-bearer by their said Master out of the Fees before recited and no others In the Prothonotaries Office FIrst we doe finde nothing to the contrary but that all the Fees certified by the said Prothonotaries are the usuall Fees that have been accustomably paid during the time of our remembrance but we certifie further that there hath been taken by the space often yeares last past or there abouts upon every judgement in personall and mixt actions over and above the ii s. in the Bill of their Fee certified and more than anciently was paid xii d which they informe us the judges have for assessing of Costs There hath been also taken by their Clarkes for about twelve or fourteene yeares last past iiii s. for the reversall of every Outlarie in Court not formerly taken neither is it certified by them which wee are informed is for the Iudges Fee in liew of an m●●●nt Fee of ix s. viii d. due to the Iudges when the same wa●●●●●●sed at their Chambers The Secondaries Fees THere hath been taken by them by the space of sixteene yeares last past or thereabouts xii d. upon every common Recovery drawne at the Bar more than formerly or is now certified by the Prothonotaries but the reason or ground thereof we know not In the Clarke of the Warrants Office VVEE can say nothing against the Certificate of the Fees of the Clarkes of this Office but that they have usually been accustomed to be paid during our remembrance saving That there is and hath been by the space of eleven yeares or thereabouts taken by him more than formerly upon every Fine iiii d. for a Warrant of Attourney which we know not to bee used before Also there is in the
Fees certified to be due to the puisne Judges only we doe certifie that we have usually paid the same during our respective practises and therefore thinke them to be due Subscribed thus Anth Langston Geo Needler Fra Kempe Edw Waller Ro Hyde Io Rowley Roger Doddeswell Ni Allen. Io Skinner Io Tyrer Io Banbury Io Wickesteade Tho Blofield Ro Benson William Cragge Peter Bird. William Corefield Edw Ball. Ro Hanson Ro Morse Geo Holland Ex. per me Iohan. Dibley Reg. Clericum dic Commis A TABLE OF THE DVE FEES OF The Prothonotaries in THE COVRT OF the Commons PLEAS duodecimo Caroli Regis London printed 1641. These are the Fees due and beloning to the three Prothonotaries of the Court of common Pleas at Westm for entries of Declarations 〈…〉 eas and Iudgements And also for making and entring of Writs in their severall Offices and for other dues belonging to them confirmed and allowed by our Soveraigne Lord King Charles by his Letters Patents under the great Seale of England dated at Cambury the 22. of Iuly in the 12. yeare of his Raigne and are mentioned and expressed in a Schedule of Fees to the said Letters annexed and recorded in his Maiesties Court of common Pleas at Westm in the Terme of S. Michael next following quinto sexto septimo octavo nono INprimis For the entry of every common Declaration common Plea in Bar wherein one Freehold is pleaded common Replication and Rejoynder in actions personall For the entry of every speciall Declaration speciall Plea in Bar or Abatement Freehold Replication or Rejoynder and Pleas subsequent in actions personall not exceeding three sheetes every sheete containing twelve lines at the least and every line containing ten words ii ● viii d. And for every sheete so exceeding For every Declaration in actions upon the Case Ejectione firme accompt annuity conspiracy covent deceit partition Plegiis acquiet and debt upon Statutes plaint in Assize and the like speciall actions and in reall mixt popular actions if the declaration or plaint exceed not three sheetes ii s. viii d. And for every sheete exceeding For the entring of every Bar Replication and Pleas subsequent in every of the actions last above recited and in the title actions not exceeding three sheetes ii s. viii d. And for every sheete so exceeding For the buyer of every Bill Obligation Indenture Record or Certificate or the like entred in haec verba not exceeding the length of three sheetes ii s. And for every sheete above that length viii d. For recording of every apparance by the Court 2. s. 4. d. For me entry of every Recognizance without condition challenge to the Sheriffe or Coroners or to the Aray or other speciall averments ii s. And for the entring of every Recognizance without a condition iiii s. For every judgement in Debt Trespasse or detinue without a tales for the Prothonotary ii s. And for entring of every adjournement iiii d. For every Judgement with a Tales besides the Fee above recited ii s. For every Remanet and Judgement for cost given to the Defendant by the Statute besides the Fee abovesaid ii s. For every judgement in all other actions aswell personall as mixt and reall and prohibitions and the like iv s. For every Satisfaction Recordatur Discontinuance Retraxit Relinquishment Nolle prosequi or the like in actions personall ii s. iiii s. And in reall actions For the entry of a single Recovery and the writ of seism thereupon x. s. 6. d. vi s. And for every Voucher more For the entrance of a Summons ad Warr. for a common Recovery and the writ of Summons ad Warr. iv s. vi s And if for both For every forraigne Voucher sent to the common Pleas to summon the Vouchee ●f the Record be not above three sheetes ii ● viii d. And for every sheete more The like Fees are to be paid when the Record is remitted back againe after the Voucher determined 2. s. 8. d. For the entry of every speciall Verdict whereupon a Cur. advisar vult is entred being not above the length of three sheetes written as abovesaid ii s. And for every sheete exceeding that length viii d. For the entry of every generall Verdict with a Cur. advisar vult without a Tales ii s. iiii ● And with a Tales For the entry of every Remittive of debt or damages xii d. For the entry of every Information upon any penall Law and signing the ●ubpena only ii s. 8. d. For the entring of every surmise for a Prohibition to be granted not exceeding the length of three sheetes as abovesaid ii s. And for every sheete above that length viii ● For the entry of the Oath of every witnesse to prove the surmise in a Prohibition or Audita quercla brought by an Infant and the entry of the proofes de morte vita viri dower and the like actions in suits ii s. For the releasing of any default in any reall action ii ● And entring the recitall of the grand Cap. iv s. For damages cleere in every action where damage is given if the damage given amount to five markes or above ii s. in the pound ii s. Nihil xii d. And if under five markes For examining every record of N. i. pr. For making the Record for triall of an issue in any of the County Palatine for the first three sheetes ii s. iiii d. And for every sheete after For the exemplification of any Record not exceeding six sheetes v. s. And for every sheete exceeding that rate viii d. For the entring of Seism in dower dying seised the retourn of the Seism exceeding not above three sheetes iiii s. viii d. For every sheete exceeding For entring of writs of Exemption de non ponend in jurat and Patents de libertat elocand and Protections cognizance of Pleas and the like according to the rates abovesaid if they exceed not three sheetes ii s. viii d. And for every sheete exceeding For the entring the default upon the distresse in wast quar imp and the like and judgement thereupon if the title or count doe not exceed three sheetes 6. s. ● d. And if it be more than as aforesaid for every sheete viii d. For entring of a Quo warranto if it exceed not three sheetes ii s. For the entry of every Plea thereupon according to the same rate before ii s. 8. d. For the entry of a Plea of accompt pleaded before Auditors if it be not above 3. sheetes written as abovesaid ii s. viii d. And if more for every sheet exceeding For the entry of every Summons and Surveyance and Pryor ii s. For the admission of an Infant to his Prochin amie or Guardian ii s. iiii s. And if it be by Commission For entring of the Defendants discharge upon a Cap.
pro fine or for a contempt ii s. For the like upon Rescous retorned and admitted to his Fine iiii s. For traversing of a Rescous and issue thereupon vi s. For entring of the allowance of every generall and speciall Pardon of 5. s. 4. d. Outlarie before judgement and after For entring of a Dies dat in debt detinue and trespasse xi● d. ii s. And in all other actions For the entring of the receipt of a feme Covert Tenant in taile Lessee for yeares or the like ii s. And for the entry of the Plea if it exceed not three sheetes ii s. viii d. And for every sheete exceeding And if the receipt be by writ then more for entring of the writs ii s. For the entring of an Assize deliver in the Common Pleas by Justices of Assize to be inrolled for every sheete xii d. And if the Assize come into the common Pleas by Certiorar then more for entring the Certiorar ii s. For entring every abridgement of the demaundant in dower Assize or the like ii s. For the entry of every pone to remove a Plea by writ out of the County Court there holden by Justices and for the retourne of the Pone iiii s. For the entring of any Record sent in the Common Pleas by Mittimus or otherwise and likewise for the entry of every Rege inconsulto or such like ii s. viii d. if it exceed not three sheetes For every sheete so exceeding For the entring of every Certificate of Bastardy certified by the Bishop and the awarding of the writ and judgement thereupon vi s. For the entry of the Licence of the Court to purchase a new writ by Journies accompts ii s. For the entry of every Originall writ delivered of Record in reall mixt actions ii s. For the entry of every sheete above three sheetes of every challenge to the Sheriffe or Coroners or to the Aray or other speciall averments or the like viii d. For the entry of every Remanet in reall actions iiii s. For the entry of every Remittitur in reall and mixt actions iiii s. For the entry of every sheete above three sheetes of every aide pryer viii d. For the entry of an admission of a Guardian if it be by Commission and Mittimus vi s. For the entry of a privy Seale for every sheete viii d. For the entry of the Licence of the Court to compound upon penall Statutes ii s. For entry of every warrant of Attorney made by the Tenant in the common Recoveries or the like after their appearance at the Bar ii s. For every Judgement by speciall Commission of the title in Quare imp or the like if it exceed not three sheets iiii s. iiii d. And for every sheete after For the entring of every speciall imparlance ii s. For the entring of every Committitur of a Prisoner by the Roll being brought to the Bar by writ and every ●ender of the body in discharge of the Baile iiii s. But if it be without writ then in either Case but ii s. For entring of every demaund of a prisoner to appeare and remaund the said prisoner iiii s. For the entry of every Essoine in the Plea Rolls as upon wagers of Law xii d. For entry of the Baile upon every Reversall for insufficiency of Exigent or of the Retourne 2. s. 4. d. For the entry of every Declaration in debt upon demise or the like speciall Declaration if the Declaration exceed not three sheetes ii s And if such Declaration exceed the number of three sheetes then for the entry of every such sheete containing twelve lines and every line tenne words viii d For the entry of every severall Count in actions upon the Case and Accompt and the like upon severall daies if the Accompt exceed not three sheetes ii s. viii d. And for every sheete so exceeding For the entry of every severall Count upon an originall Debt Detinue Trespasse and the like xii d. For the entry of every speciall condition or indorsement of any obligation entred in haec verba not exceeding the length of three sheetes ii ● viii d. And for every sheete so exceeding But if the condition be in debt for paiment of money at one day or under the length of two sheetes then for the xii d. entring thereof but For the entry of every Mittimus or Certiorar and the Retourne thereof iiii s. But if the Retourne thereof exceed three sheetes then for every sheete so exceeding viii d. For entring of the Count in a Prohibition and pleadings thereupon after an appearance of the Defendant not exceeding the length of three sheetes viii d. And for every sheete above that length viii d. For the entry of every writ of Attaint or false judgement ii s. For the entry of the Retourne thereof and the assignement of Errors or false Oathes not exceeding three sheetes ii s. viii d. And for every sheete more For the entry of every sheete above three sheetes of the Oath of every witnesse examined to prove the surmise in a Prohibition or Audita querela brought by an Infant and the entry of the proofes De morte vita viri in dower and the like actions and suits viii d. Fees due to the Prothonotaries for Writs and the Entries of the 〈…〉 amongst other dues FOr every Writ of Prohibition or consultation not exceeding four sheets ii s. iiii d For every Writ so exceeding For every Withernam return habend after appearance second deliverance Writ of priviledge habeas corpus procedend certiorare Summons and Resummons Pete cape ve fac sci ●a Elegit extent superss Sub pena Writ to the Bishop Attachment in Ass Distringas Iu● habeas corpus and Distringas in Ass Attaint and the like hab●re Fac. possessionem Writs of view mittimus Idemptitat habeas and every other speciall Writ ii s. For the entring of such other Writ which requireth an entring not exceeding four sheets ii s. And if more for every sheet exceeding as abovesaid viii d. For every Ca. fa. fi fa. vi d. For every Testat fur ca. fa. fi fa. distringas ad deliberand and Writs to enquire of damages in trespasses and Replevin xii d. For Writs to enquire of damages in Covenant Ejectment Actions upon the case and the like ii s. vi d. x. d. For every Capias pro fine For the Exigent for a Capias pro fine For the entry of the Returne of every Writ in the Prothonotaries ●oll other than the Ca. fa. returnd non est invent and the fi fa. returnd nulla habet bon● whereupon further processe is awarded not exceeding four sheets ii s. viii d. And if more then for every sheet For the entring of every sheet of
Priviledge or habeas corpus with the Bayl for one cause vi s ii s. And for every name more For entry of every Committitur upon a Habeas corpus una cum die causa ii s ii s. And for every other cause For every Reversall upon an Outlary for default of Proclamation with one name and the Bayl o● nolle prosequi 4. s. 4. d. ii s. And for every name more For every ca. fa. fi fa. after a devastavit ii s. Whereof by allowance from the Prothonotaries the Clerke hath had viii d. For every sheet exceeding four sheets of Writs to enquire of Damages in Covenant Ejectment Actions upon the case and the like Actions iiii d. For the Writ of Liberate or the like speciall Writ ii s. Whereof by allowance from the Prothonotary the Clerke hath had viii d. For the entry of every such Writ and the entry of every other speciall Writ which requireth an entry not exceeding four sheets ii s. viii d. xii d. And for every sheet so exceeding For every Distringas in petition Whereof the Clerke by allowance from the Prothonotary hath had iiii d. For Writs to enquire of damages in Covenant Ejectiment Actions upon the case and the like Actions if they exceed not four sheets ii s. Whereof by allowance from the Prothonotary the Clerke hath had viii d. For the entry of every Committitur upon habeas corpus una cum die causa with one cause returned besides the entry of the Writ ii s. ii s. ii s. And for the entry of the writ And for every other cause returned For the signing of all processe upon information excepting the first Subpena The Prothonotaries Clarkes fees IMprimis for the copies of common declaration and pleas for every sheet conteining twelve lines and every line ten words iiii d. For every sheet in Reall and mixt Actions and Actions upon any Statute and the like viii d. For drawing of every speciall declaration and plea for every sheet viii d. For every continuance every Terme of every issue writ imperlance demurrer or speciall verdict or adjornment iiii d. For exemplifying every Recovery with a single voucher 4. s. 6. d. For exemplifying of a double voucher vi s. xii d. And for every voucher more For exemplifying of any Record not exceeding eight sheets v. s. vi d. And for every sheet more For drawing of every extraordinary long writ after the rate for every sheet viii d. And for the entry thereof if it so require for every sheet iiii d. For a copy of a judgement for every sheet viii d. For the entry of every writ and the returne thereof into the Prothonotaries Remembrance for drawing up of a vi d. iiii d. judgement if it exceed not three sheets And for every sheet after For entring of every Common Rule into the Bill of Pleas or Common Remembrance iiii d. For the entring and ingrossing every Summons for a Recovery and for the making of the writ of Summons ii s. For entry of every Mittimus and Dedimus potestatem for a Recovery ii s. 6. d. For the ingrossing of every Nisi priùs after the rate for every sheet iiii d. For entring of every Testat sur ca. fa. si fa. iiii d. For the search of one Terme in the Prothonotaries office in his d●ggets or Remembrances iiii d. For the issuing out of the Court money if the party receiving it i. d. in ● For the making of every long writ as Prohibitions the like for every sheet iiii d. For the prosecution and issuing out of proces for the King to bring in the party for to make fine for his contempt untill the party render himselfe o bee 3. s. 4. d. outlawed besides the fees of the Court And if there because of Prosecution after the Exigent returned then more 3. s. 4. d. For the copies of suggestion to grant a Prohibition for every sheet viii d. For drawing of every surmise to have a Prohibition speciall verdict and the viii d. like for every sheet The Prothonotaries Clerkes fees for Informations onely FOr engrossing of every information viii d. For a copy of the said Information if it amount to the number of five sheets of paper or upwards 3. s. 4. d. If it be under the number of five sheets then for every sheet viii d. For the making of every Capias profine upon an Information vi d For entring of the generall issue upon the Roll where the information was first entred in the Terme it was first exhibited viii d. For the Registring of every licence to compound in the office book iiii d An ancient fee due to the second Prothonotaries Clerks onely FOr recording of every Fine acknowledged at the Bar writ and moved by a sergeant iiii d. Fees due to the Secondaries of the Prothonotaries in their severall offices FOr the copy of every common Rule iiii d. For taking a note of the Rule of the judges in Court upon the motion of a sergeant for drawing the same Rule in paper in Latin words and entring it into the Bill of Pleas and the copy thereof the draught not exceeding six lines in paper viii d. xii d. If the Rule exceed six lines then For every wager in law in Court or Nonsuit of the plaintife upon a wager of law xii d. For the entry of the Committitur of any defendant to the Fleet in execution of any judgement or otherwise in Court and for making a copy thereof for the Warden of the Fleet containing the cause of the Commitment xii d. For the entring of every Commitment to the Fleet of any person yeelding himselfe in discharge of his Baile and for the like Copy xii d. For attending him from his chamber to westminster to take a privy verdict cried at the Bar ● s. 4. d. For reading the Record of a demurrer in Court or verdict xii d. xii d. For taking Bail in Court For entring of an admission of an infant to his prochin Amy or Guardian in the Prothonotaries remembrance xii d. For the copy of the issue and jurors names to be delivered to the jury upon any triall at the Ba● xii d. For reading of evidences upon trials at the Bar of each party plaintiffe and defendant 3. s. 4. d. For entring of every satisfaction by speciall warrant Recordatur and discontinuance viii d. For every satisfaction by generall warrant iiii d. For entry of every Bill or Letters of Administration to enable an Executor or Administrator to acknowledge satisfaction and the entry of the satisfaction xii d. For every copy of Interrogatories depositions of persons examined upon Interrogatories by order of the Court for every sheet viii d. Per b●eve
Clarkes i. s. i. d. and to the Bag-bearer ix s. ix d. Item For the allowance of every Writ of Certiorari directed to the Custos Brevium xiiii s. ix d. whereof is allowed to the Clarke ii s. viii d. and for certifying thereof Secundum longitudinem and according to reason xiiii s. ix d. Item For the allowance of every Exemplification made out of the Office of any Writ or Writs or other Record v. s. iiii d. and to the Clarke for writing and examining thereof Secundum longitudinem and according to reason v. s. iv d Item For the carrying of any Writ or other Record to the Court for a reversall or any other occasion ii s. ix d. whereof allowed to the Clarkes iiii d. and to the Bag-bearer ii s. ix ● Item For filing any common Recovery Writ super disseisinam in le post xii d. whereof allowed to the Clarkes viii d. for entring the same into a book for that purpose xii d Item For entring a Fine with the Custos Brevium by vertue of the Stat. 5. H. 4. cap. 14. in which Stat. that is called the accustomed old Fee xxii d Item To the Clarke of the same Office ab antiquo who enters the same ii d. Item Upon the making of the Stat. 4. H. 7. cap. 24. the Custos Brevium was allowed by the Court for carrying and recarrying of every Fine levied according to that Stat. Westmin to the Chirographer to proclaime foure Termes viii d. Item For keeping three parts of the Record of every Fine consisting of five parts iiii d. a piece xii d. In tot for every Fine iii. s. viii d. whereof the Master hath ii s. vi d. and xiiii d. is allowed to the Clarkes iii. s. viii d. Item For the amendment of every Writ or other Record per Warrant Cur. xx d. Item For every Non est factum pleaded in Court ii s. Item For every Sheriffes bundle of Writs retournable of the precedent Terme and comming before Essoine day of the second retourne of the new Terme viii d. Tho Spencer The usuall Fees allowed by the Custos Brevium to the Clarkes of his Office INprimis For every Temple search iiii d. ii s. i. d. Item Out of every Westm search Item To the Clarkes out of the allowance of every Certiorari ii s. viii d. and for certifying the same secundum longitudinem and according to reason ii s. viii d Item To the Clarke for writing and examining of every Exemplification secundum longitudinem Item To the Clarke for any Writ or other Record carried into the Court. iiii d Item For entring a common Recovery Writ super disseisinam in le post viii d. Item For every Fine passing in the Office xiiii d Item For entring into a Booke every Recipiatur comming under a Judges hand or by order of Court xii d. Item For every note of Jurors names for the Clarke of the Juries to make further Proces by iiii d. Item For every note of an Exigent for the Clarke of the Outlawries to make further Proces by viii d. Item For the search of any Booke of Entries of any Writs for every Terme viii d. Item For the copie of any Writ or other Record for every Sheete viii d. Geo Venables Alex Thurley The usuall Fees allowed by the Custos Brevium to the Bag-bearer of the Office being alwaies the common Vouchee of the Court. INprimis For every search under five yeares i. d. v. d. xii d. Item For every Temple search For every Westm search For any Writ or other Record carried into the Court v. d. For every common Recovery suffered in Court being the common Vouchee iiii d. a piece iiii d. vi d. For every Attorney sworn in Court The Prothonotaries Fees These Fees are due and belonging to the three Prothonotaries of the common Pleas. INprimis For entring every common Declaration common Plea in Barre wherein no● Freehold is pleaded common Replication and common Rejoynder in actions personall xii d For entring of every speciall Declaration speciall Plea in Barre or abatement of Freehold Replication or Rejoynder and Pleas subsequent in actions personall not exceeding three sheetes every sheete containing twelve lines and every line ten words at the least ii s. xii d And for every sheete exceeding For every Declaration in actions upon the Case Ejectione firme Annuity Accompt Covenant Conspiracy Deceip● Partition Pleg Acquietand Debt upon Stat. Plaint in As●ize and the like speciall actions and in all reall mixt and popular if the Declaration or Plaint exceed not three sheets ii s. xii d And for every sheete exceeding For the entrie of every Barre Replication Rejoynder and Pleas subsequent in every of the actions last above mentioned and in the like actions not exceeding three sheetes ii s. xii d. And for every sheete exceeding For the entrie of every Obligation Indenture Record retourne of Certificate or the like entred in haec verba not exceeding three sheetes ii s. xii d. For every sheete more For recording of every apparance by the Court ii s. iv d For the entrie of every Recognizance without condition challenge to the Sheriffes or Coroners or to the Array or other speciall averments ii s. For the entrie of every Recognizance with the condition iiii s. For every judgement in debt detinue and trespasse without a Tales ii s. For the entrie of every Adjournement iiii d. For every judgement with a Tales besides the Fee abovesaid ii s. For every Remanet and judgement for Costs given to the Defendant by the Stat. besides the Fee abovesaid ii s. For every judgement in all other actions as well personall as mixt Prohibitions and the like iiii s. For every satisfaction Recordatur Discontinuance Retraxit Relinquishment Nolle prosocuti or the like in personall actions ii s. iii. s. And in reall actions For the entrie of a single Recovery and the Writ of seisin thereupon x. s. vi d iiii s. For every Voucher more For the entrie of every Mittimus or Dedimus potestatem for a common Recovery vi s. For the entrie of a Summons at Bar for a common Recovery and a Writ of Summons ad warrantizand iv s. vi d For the entrie of a Certiorari to certifie a Warrant of Attourney for the Tenant or Vouchee iiii s. vi s. And if for both For every common Voucher sent to the common Pleas to summon the Vouchee if the Record be not above three sheetes ii s. xii d. And for every sheete more The like Fees are paid when the Record is to be remitted after the Voucher determined ii s. For the entrie of every speciall Verdict whereupon a Cur. advisare vult is entred being not above three sheets ii s. xii d. For every sheete more For the entrie
third Prothonotary of the said Court in Anno 3. Car. Reg. in which instant yeare I was admitted to the said Office and I verily thinke they are the ancient Fees of the said Court Moyle The Prothonotaries Clarks Fees INprimis For the copies of common Declarations and Pleas for every sheete written as aforesaid iiii d. For every sheete in reall and mixt Actions and actions upon any Statute and the like viii d. For drawing every speciall Declaration and Plea for every sheete viii d. For every continuance every Terme of every Issue Writ Impurlance Demurrer speciall Verdict or Adjournment iiii d. For exemplifying of every Recovery with a double Voucher vi s. xii d. For every Voucher more For exemplifying of any Record not exceeding eight sheetes v. s. vi d. For every sheete more For drawing every extraordinary long Writ after the rate for every sheete of viii d. For the entrie thereof if it shall so require for every sheete iiii d. For the copie of a judgement for every sheete viii d. For the entrie of every Writ and retourne thereof into the Prothonotaries remembrance for the drawing up of a judgement if it exceed not three sheetes vi d. iiii d. For every sheete above For entring every common Rule in the Bill of Pleas or common remembrance iiii d. For entring and ingrossing of every Summons for a Recovery and for making of the Writ of Summons ii s. For the entrie of every Mittimus or Dedimus potestatem for a Recovery ii s. vi d For ingrossing of every Nisi prius after the rate of iiii d. for every sheete iiii d. For entring every Testat Fieri fac Scire fac iiii d. The Fees of the Clarke of the Inrollments Warrants and Estreats in the common Pleas as are now and have been taken these two and thirty yeares and as I conceive were taken ever since 31. Eliz. saving the Fee hereafter mentioned allowed per ordin Cur. EVery Inrollment containing a side of a Roll v. s x. s. Of a full Roll And so according to that rate Every Warrant of Attourney in deb transg deten iiii d. xii d. The Sheriffes Warrants Every other Warrant called double Warrants viii d. iiii d. For a post Termin The Lord Maior of London his Warrant v. s. 8. d. The Secondaries of the Compters in Easter Terme yearely 13. s. 4. d For entring of an Attournies name in the Roll of Attournies upon his first admittance iii. s. 4. d For a Warrant upon a Writ of Covenant per ordin Cur. iiii d. William Rolfe Paid to the Clarke by every Attourney iiii d. a Terme called the Roll groat which is paid to the Judges Box and I conceive it to be due ever since 11. Eliz. iiii d. Paid also to the Clarke by the Prothonotaries xii d. upon every Recovery which is also paid to the Judges xii d. To the Clarke when an Attourney is first sworne xii d. The Chirographers Fees INprimis The ancient Fee limitted by Stat. 11. Eliz. for every Fine iiii s. Item From 4. H. 7. for the service in proclaiming Fines viii d. Item By Stat. 23. Eliz. for writing the Roll iiii d. So the Chirographers Fee for every Fine is v. s. Other Fees also due and anciently paid to the Chirographer videlicet FOr exemplifying a Fine the Term in which it was ingrossed ii s. 8. d. For every sheete of every Fine of twelve lines copied out of the Record xii d. For the sight of every Record being ancient from H. 8. upwards iii. s. 4. d For the search of every Fine from H. 8. to this present for every yeare viii d. For the search of every Fine during the raigne of H. 8. for every yeare xii d. For certifying of every Record by a Writ of Error xii s. For a Quid juris clamat quae reddat reddit per quae servic vi s. v. s For entring a claime upon a Record For allowing of Proclamations upon Fines brought into the Office after the Terme ended vi d. xiiii d For the post Termin of a Fine William Blake The Chirographers Clarkes Fees for ingrossing of Fines by the Attornies which sue them out THe Chirographers Clarks have received an allowance of the Attournies for their paines for them which heretofore have been more advantagious unto them than now it is being reduced to ii s. vi d. in certaine had and made at the request of 100. or 80. of the most ancient Attournies with Iohn Brewer Esquire Clarke of the said Office in 2. or 3. of King Iames To which agreement had and made in writing the said Attournies set to their hands and the same was delivered to Sir Edw Cooke Knight then chiefe Justice of the common Pleas and hath so continued ever since ii s. vi d For this allowance the Clarkes doe write more than all the Officers through which Fines doe paste viz. They write every Fine long or short foure times over in a great set hand Randall Fees belonging to the Clarke of the Treasurie FOr the copie of every issue and impur●ance for every sheete iiii d. For every Judgement Deed enrolled and reall Action for every sheete viii d. For the search of every Terme above ten yeares iv d. For every Exemplification not exceeding three sheetes vii s. xii d. For every sheete more For every Record of Nisi prius not exceeding three sheetes ii s. iiii d. For every sheete more Ex. per Duncombe Cler. Thesaurar Tho Richardson mil. Fees for the Keeper of the Treasurie from 11. Eliz. INprimis For search of a Terme above ten yeares viii d. iiii d. For seven yeares under ten years For three yeares For search of a Plea Roll iiii d. For a Roll carried into the Court vi d. iii. s. xii d. v. s. ii s. vi d. For making up a Term and Record For every Attourney sworn in Court For a Jurie at Bar For a Nisi prius in Midd. For a Wager in Law For a copie of a Precipe after the Terme xviii d. For a Fine acknowledged in the Treasurie iiii d. For a Warrant of Attourney lost unentred and comes to be entred in the Roll after the Terme iiii d. For an entrie lost out of the Kings silver and comes to be entred in the Office iv d. From the Clarke of the Treasurie for my attendance every Terme v. s. xviiid For my Key after the Terme William Wese These be the Fees which I Henry Ewer Clarke of the Kings silver have taken since I became Officer which was in Mich. 16. Iac. Reg. and were usually taken before that time by Master Gulson my Predecessor in the said Office and I doe believe they were due in Anno 11 Eliz. except iiii d. encreased by order of
last mentioned Certificate certified only by Master Mene mentioned to be paid to the Clarks of the said Prothonotaries xii d. upon every Recovery which we know not to be due In the Phillizers Office VVEE doe also certifie that the Fees mentioned in the Certificate of the Phillizers intituled the Fees which the Phillizers of the common Pleas now take have been usually and accustomably paid during our remembrance for ought we know to the contrary saving That there is taken iiii d. upon every first Cap. and viii d. upon every appearance of the Defendant in every action more than was formerly taken before 14. Iac. Reg. which is so taken by vertue of an order of the Judges made upon the reasons expressed in the said Order And for the viii d. claimed for the copie of the entrie of every grand Cap. al. Summons Pet. Cap. wee know it not to be due In the Exigenters Office VVEE also certifie that the Fee of ii s. for a Supersid for such of them as were made in the said Office was anciently and usually taken in the said Office until a Patent was granted of the said upersid and that the Fee of x. d. was anciently and usually taken untill about 31. Eliz. for every Exigent except propr and that ever since there hath been taken more for every Exigent i. d. and for the space of sixe yeares last past or thereabouts i. d. more The reasons wee know not but refer the same unto the certificate of the Exigemers In the Chirographers Office VVEE acknowledge that the Fees certified by the Chirographer himselfe are the usuall and accustomed Fees which have been paid all the time of our respective knowledges but as to the Fees certified under Master Randals hand for the Clarkes Fees of that Office we know no such Fees due to them for writing the Chirograph of the said Fine but we say there hath been used to bee given to the said Clarke that ingrosleth the said Fine xii d. for a gratuity In the Office of the Kings silver VVEE certifie that the ancient and usuall Fees for entring the Kings silver of every Fine was only vi d. and for every Certiorari for every Fine certified by Certiorari after the death of a Judge vi d. and for every search for a Fine for every Terme iiii d. and for the copie of the entrie of the Silver for every sheet viii d. if the copie be required and for every Ne reciptatur or Ne intratur of a Fine xii d. And if the Fine come in after a Terme and after the Rolls are made up to be delivered up out of their hands the said Clarke of the Kings silver was allowed reasonable recompence for his paines but no certaine Fee And as concerning all the other Fees mentioned in the Certificate under the hand of Master Henry Fwer Clarke of the Kings silver We certifie that the same were taken by the said Clarke of late yeares and since the said eleventh yeare of the said late Queene Eliz. the most ancient of them being not above thirty yeares or thereabouts and the rest of far later time whereof iiii d. he demandeth by vertue of an Order of the Iudges in that behalfe made The copie whereof is to the Certificate annexed In the Office of the Clarke of the Treasurie THE Fees mentioned in the Certificate under the hand of the Lord chiefe Iustice Richardson for the Fees of the Clarke of the Treasury we acknowledge to be the usuall and accustomed Fees which have been paid during our remembrance Except videlicet viii d. of the iiii s. demanded for search of every Terme above ten years the ancient Fee due to the Clarke of the Treasurie is but iii. s. iiii d. and the viii d. residue is due to the keeper of the Treasurie and is claimed by him in his Certificate And we also certifie that besides the Fees certified by the Lord chiefe Iustice Richardson there is due to the under Clarke in the Treasurie for examining any booke or old Record of Nisi prius or any transcript of Record which the Records in the Treasury if it exceed not eight sheetes xii d. and if more then after that rate and for making and examining the Iurat of every Record of Nisi prius iiii d. But whereas of late there hath been demanded and taken by the under Clarkes of that Office for the exemplifying of every Recovery with single Voucher iiii s. vi d. and for exemplifying any other Record not exceeding eight sheetes v. s. and for every sheete more vi d. and for ingrossing every Record of Nisi prius upon old issues for every sheete iiii d. We doe certifie that there are no such Fees due unto them And that the Fees due for those Exemplifications and Ingrossements are satisfied and contained in the Fees certified by the Master of the said Office The Cryers Fees THe Fees mentioned in the Certificate under the Cryers hands We thinke are the usuall and accustomed Fees which have been paid during our remembrance Except The Fee of ii s. by them demanded for the calling of every Jury at the Bar when they fill not the ancient Fee being but xii d. The Fee of xvi s. by them demanded for keeping of every Jurie during the sitting of the Court the ancient Fee being but iiii s. The Fee of xxx s. for keeping a Jury all night the ancient Fee being but viii s. and no more The Fee of vi s. for every Attourney sworne in Court the ancient Fee being but iiii s. and no more The Fee of xii d. for every baile taken in Court there being no Fee at all due unto them The Fee of xii d. for every Oath in Court and for every ●cir●●●c called in Court iiii d. and ●ii d. for every Guardian admitted in Court there being no such Fees due unto them to our knowledges As for the Fees of iiii d. for every judgement xii d. for every finall judgment iiii d. for every Nonsuit viii d. for every Fine and viii d. for every Recovery We know no such Fees due unto them and they be the same which the Proclamator claimeth and hath In the Office of the keeper of the Treasurie THe Fees mentioned in the certificate under the Keeper of the Treasuries hand We thinke to be all the usuall and accustomed Fees which have been paid during our remembrance Except IV. d. for a search after three yeares till ten yeares nothing being due The Fee of vi d. for every Roll carried into Court there being no such Fee due other then for a Plea Roll. The ii s. vi d. for every Jury at Bar xii d. being only due and no more to our knowledge The ii s. vi d. for a Nisi prius in Middlesex xii d. only and no more being there due The xviii d. for his key after the Terme xii d. only being due And as for the Fee of iii. s. for making up the Terme
viii d. Tho Richardson Ric Hutton Fra Harvey Geo Crooke H●n Yel●erton FEBRVARII XVII 1628. ACcording to an order of his Majesties Commissioners for inquirie after exacted Fees and innovated Offices Wee whose names are hereunder subscribed have met and perused the Iudges Certificate of Fees to us delivered by the said Commissioners which in our former presentment or certificate we could not so exactly set downe as we did the Officers Fees for that we received from the Commissioners severall certificates of the severall Officers of the said Court concerning all their severall Fees but we then had not any certificate from the Iudges of their Fees by them demanded and certified but we now having received a certificate by the said Commissioners from the said Iudges doe now this seventeenth day of February 1628. upon due consideration thereof had certifie as followeth viz. The Lord chiefe Iustice his Fees INprimis Touching the xx s. mentioned by the Iudges certificate for allowance of a writ of Error upon an Outlarie before judgement or upon a writ of Error upon a judgement which in our former certificate wee mentioned to be but xvii s. vi d. upon either of them We certifie now that for our respective knowledges there hath been paid in the whole xx s. for every of the same but we conceive ii s. vi d. thereof was for the Lord chiefe Iustice his Clarks and only xvii s. vi d. for the Iudges Concerning the ii s. iiii d. for a Baile taken upon an Outlarie upon meane proces the debt being xx l. or above mentioned in the Iudges certificate we certifie that the same hath beene usually paid since an Order made by the Iudges concerning the putting in of a Baile into that case Touching the xii s. mentioned in the said Certificate for a Baile taken in case of debt after judgement we certifie that since the Stat made for putting in of Baile in that case the same hat 〈…〉 been usually paid Touching the ii s. for marking the Roll the writ of Error is allowed 〈◊〉 and ●ii s. for every Supersid We 〈…〉 rtifie the same hath been usually paid to the Clarke of the Errors but whether as due to the Iudge or his Clarke wee know not yet some of the ancientes● men of the 〈…〉 y say that there was anciently paid for every such Supersid but ii s. as we formerly certified in our former Certificate under the title o● the Fees of the Clarke of the Errors As to the Fee of ii s. ● d for the seale of every Record of Nisiprius the same hath been so anciently paid saying in case of Prop● Touching the Lord chiefe Iustice 〈◊〉 Fee of i. d. for the scale of every W 〈…〉 sealed in Court and ii d. for the seale of every Exemplification we certifie them to be due and parcell of the Fee of vii d. and ii ● ii d. certified in our former Certificate under the title of Fees of the Seale Office Touching the rest of the Fees mentioned in the Iudges certificate to bee due to the Lord chiefe Iustice wee have usually paid the same and therefore doe think them to be due The Fees due to such of the Iudges as performe the businesse TOuching the Fee of vi s. viii d. for the acknowledging of a Fine or warrant of Attourney for a common Recovery out of Court we certifie as formerly that ix s. viii d. hath been usually paid for the same in the whole but as we conceive the Judge hath only vi s. viii d. and his Clarke the rest Touching the ii s. certified for an Affidavit taken out of Court upon a forreine Plea or Rescous we certifie that the same hath been anciently paid but how the same hath been anciently divided between the Judges and Clarks we know not Touching the viii d. certified by the Judges of every other Affidavit taken out of Court we doe certifie as in our former Certificate that we have usually paid xii d. for the same whereof we conceive iiii d. is allowed to the Judges Clarkes as appeareth by the Judges owne Certificate of their Clarkes Fees Touching the Fee for granting a licence to compound upon a penall Law we certifie as heretofore we have done that anciently ii s. vi d. hath been used to be paid whereof we conceive ii s. due to the Judge and vi d. to his Clarke Touching the ix s. viii d. for every reversall of an Outlarie out of Court we certifie that usually we have paid so much for one name and if there have been more names than one in the writ then for every other name ii s. Touching the ii s. iiii d. for Baile taken out of Court upon an Outlarie in debt upon meane proces reversed if the debt be xx l. or above we certifie that ever since the order was made by the Court for putting in Baile in that case the same hath been usually paid Touching the iiii s. certified for a warrant for passing a Fine where there are more than three Cognizors or three Cognizees parties to the Fine we certifie that it hath been paid ever since the order made in that behalfe as we have certified in our former Certificate Touching the rest of their Fees wee certifie that we have usually paid the same during our respective practises and therefore thinke them to be due The Divident Fees TOuching the Fee of xx s. mentioned to be paid for the admission of every Attourney to be an Attourney of the same Court we doe certifie that the ancient Fee was only ii s. howsoever of late yeares xx s. hath been paid videlicet for about sixteen yeares Touching the residue of the Fees certified by way of Divident we doe certifie that we have usually paid the same during our respective practises The Puisne Iudges Fees TOuching the xii d. certified for every Fine drawne at the Bar and xviii d. for every Recovery with a single Voucher drawne at Bar and vi d. for every Voucher more wee certifie the same to have been usually paid to the hands of the said Secondaries Touching the xii d. certified for taxing of costs upon every judgement we referre our selves to our former Certificate in that behalfe made under the title of the Prothonotaries Touching the xxxiii s. for every puisne Judge from the Clarke of the warrants we say it passeth not through our hands nor lyeth in our knowledge but because the Judges have certified it we knowing nothing to the contrary thinke it to be due Touching the Fee of x. d. for retourne of every writ of Covenant brought to levie a Fine upon x. d. for the retourn of every writ of Entrie to suffer a common Recovery every writ of Summons and Seizms thereupon we certifie as before we have done under the title of the Clarke of the Inrollments whereunto we refer our selves and conceive the same to be parcell of the ii s. claimed by the Clarke of the Inrollments And touching the residue of the
attendance which cannot but draw great charge 18. If the Case be such as the Master cannot proceed in the absence of either party or his Counsell without just cause absenting the Master is presently to certifie the Court of the default that the defaulters may be punished by Commitment Costs or otherwise as the cause shall merit and if the Master doe use or willingly admit any grosse delay the Reference is to be removed and the Master rebuked by the Court. 19. The Masters of the Court are not upon the importunity of Councell or Clients to make speciall Certificates of matters wherein the Court expects an opinion from them nor are to doe it but where their owne judgements in respect of difficulty leadeth them to it it occasioning for the most part a needlesse trouble to the Court and both delay and expence to the party 20. No Reference shall be to a Master whether an injunction shall bee granted or not but the same to passe upon the opinion and judgement of the Court but if the Court thinke the matter informed sufficient for an injunction but is doubtfull of the truth any point of the information The Court when it cannot otherwise be fitly done may be certified thereof by a Master who is then to certifie not only whether the information be in substance true but if there appeare other matter to confesse and avoid or otherwise ballance that information he must not conceale it but give the Court a cleare and true information 21. No References are to be made either to Masters or others unlesse it be by assent on both sides to heare and determine the cause upon all the proofes or otherwise but when the Court hath heard it and reduced it to particular points specially if these points have relation to Accompts or matter of that nature the Court may fitly leave such to be reduced to certainty by a Master 22. The Register shall within tenne daies after the end of every Term certifie to the Lord Keeper what References depend in the hand of any Master and how long they have depended that if any of them have depended overlong the Court may require an account thereof from the Master and quicken him to a speedy dispatch 23. When a Master certifieth the sufficiency or insufficiency of an Answer Plea or Demurrer if either party rest not in the Report but trouble the Court to determine it if the Masters Report be confirmed he that opposeth it shall not pay double costs 24. Where the Masters of the Court doe sometime by way of inducement fill a leafe or two of the beginning of their Reports and sometimes more with a long and particular recitall of the severall points of the orders of Reference they shall forbeare such iterations the same appearing sufficiently in the orders and without any other repetition then thus According to an order or by direction of an order of such a date shall fall directly into the matter of their Report setting downe the same clearely but as briefly as they can for the ease both of the Court and the parties 25. That Counsellors be carefull what motions they make and especially that they move not for any thing which may be had of course without motion nor for such thing as cannot be granted as being a constant rule of the Court or common Justice nor yet for such things as being granted serve for little or no purpose And before they move the Court they be sure to be well informed and instructed lest i● the orders obtained by them upon misinformation to be after avoided their Clients or themselves bee deservedly punished with costs or otherwise 26. When orders be made especially if it be upon hearing of Councell on both sides or after day to shew cause given and none shewed there being a timely notice both sides are to rest in it without troubling the Court with new motions to crosse it unlesse the Counsellour that moves it be sure that the matter he hath to crosse it be weighty and important and will be well proved upon the motion such as shall doe the contrary are to be punished with good costs and otherwise as the Court shall finde cause 27. That no Counsellour put his hand to a Bill Answer or other pleading unlesse it be drawne by himselfe or at least perused by himselfe in the paper draught before it be ingrossed and that the Counsellour that puts his hand to any such shall be answerable for all things therein either against these orders or any other the orders or rules of the Court except only such things as are not to be misliked but for untruth for which the Client if he informed it or such as caused it to be put in without his warrant or information shall be answerable 28. If any Counsellours shall presume to move for one in forma pauperis that is not so admitted and shall under that pretence move a second motion the Register shall enter neither of his orders but shall within foure daies acquaint the Lord Keeper or Master of the Rolls with the abuse that he that did it may be condignely punished 29. Counsellours before they take on them to informe by motion or otherwise that any thing is contained in the Bill Answers Pleadings Proofes published or in any Deeds or Records ought to be carefull in perusing the same themselves and not to rest upon the information of the Client o● his Sollicitor who cannot so well judge of them and whose part it is to produce those things unto the Counsellours but it is the Counsellours part to direct how far forth the same are to be pressed or urged to the Count and they are to sustaine the blame or punishment if either wittingly or negligently for want of reading or perusing they abuse the Court therein 30. For avoiding a multitude of idle petitions drawne by persons altogether ignorant of the orders and course of the Court or the true state of the petitioners businesse that petitions before they be presented to the Lord Keeper or the Master of the Rolls be shewed to that six Clarke who is the petitioners Attourney in Court or to his and by him approved and subscribed for which no Fee shall be taken and this is not to be understood of petitions advised and signed by Councell nor petitions containing any matter of complaint against the Attourney or his under-Clarke 31. All the Clarkes of this Court in copying ingrossing inrolling or other writing shall doe the same fairely orderly and Clark-like not doing it wastfully nor in lesse Skins or Rolls of parchment or leaves of Paper then ought to be thereby increasing their owne and their Masters profit or the Subjects charge and if the Master of the Office upon complaint to him doe not doe right therein the Lord Keeper or the Master of the Rolls shall punish both the Master and the Clarke and yeeld recompence to the complainant upon complaint made to either of them within two Termes after the offence done Novemb. 17. 1635. Tho Coventry C. S. Iul Caesar