the costs The first Answer being returned insufficient the Defendant must pay forty shillings for single costs if it be an Answer that came in by Commission and insufficient he must pay fifty shillings costs The second insufficient Answer pays three pounds the third five pounds and you may have a Subpoena both for cost and for a better Answer In all cases of Exceptions the insufficiency appearing in the same Exceptions are the point to be insisted on and no new Exceptions may be moved But if the Master upon reference finds the Answer to be sufficient and accordingly certifies it there the Plaintiff must pay forty shillings cost If the Exceptions to an Answer be put in after the Term there shall be time given to answer them untill the fourth day of the next Term unless the Court hasten it If an Answer come in by Commission and be not good no new Commission will be admitted but upon Oath of inability of the person and his payment of fifty shillings costs as before Where a Cause goes to hearing upon Bill and Answer the sam must be admitted to be true in all points and no other Evidence is to be admitted but what is matter of Record to which is provable by the Record it self Caryes Rep. 78 30. SECT 3. THe third thing necessary for a perfect Sollicitor is to understand clearly the matter of Pleas and Demurrers wherein he must observe First That a Demurrer is alwayes where there is matter defective contained in the Bill or where is forraign matter The Plea of forraign matter may be of two sorts either where it is to the Jurisdiction of th Court or to the disability of the person as where the Plaintiff is Out-lawed or Excommunicate or where there is in this or any other Court a Bill or Suit depending for the same cause or it may be that the Cause hath been formerly dismissed in this Court or the like or if the matter of it appear pear upon Record it may be put in without Oath otherwise not In case it be a Demurrer it must express the cause of the Demurrer yet other causes may be insisted on at the time of arguing thereof in Court When if the Demurrer be over-ruled the Defendant shall pay five Marks costs and where it is allowed the Defendant shall have no costs If one plead a Plea that is insufficient and in over-ruled to be as where it is an Out-lawry pleaded and it is not a good Plea he must pay five Marks costs An Out-lawry is not to be pleaded unless you plead the Record Sub pede Sigilli Also A Plea of Out-lawry if it be in a Suit for the same thing for which a man sueth to be relieved in Chancery is not to be allowed but otherwise it is allowed and will be in force to hinder all the Plaintiffs proceedings till it be reversed But when it is reversed the Plaintiff may upon payment of twenty shillings costs upon a new Subpoena served put the Defendant to answer the same Bill Where the Plaintiff conceives the Plea for matter or manner naught he may put it to the Judgment of the Court. Where a man pleads a former Suit he need not set it down with the Register but it shall be referred to a Master to certify which must be done within a Month upon the Plaintiffs procurement and if the Master certify against the Plaintiff he must pay five shillings costs if there be no Report within a Moneth of filing the Plea the Bill will be dismissed of course with seven Nobles costs If the Demurrer to any Bill be put in upon any slip or mistake in the Bill the Plaintiff of course laying down to the Defendants Clerk twenty shillings for costs may amend his Bill within eight dayes after the Demurrer put in but not after that time If the Demurrer be admitted by the Plaintiff to be good within eight dayes after the filing of it and he doth pay the Defendants Clerk in Court forty shillings costs then the Defendant shall not need to attend his Demurrer but the Bill shall stand dismissed of course without motion unless both sides agree to the amendment of the same yet such dismission is to be no bar to a new Bill to be exhibited by the Plaintiff Where the Plaintiff finds sufficient cause for an Order upon the Answer he may go to hearing thereupon without further proof of which there oughe to be very good advice taken in which case he must get his Clerk to present the same in course to be set down to be heard upon Bill and Answer But in case the Court shall not find grounds to make a Decree or final Order the Bill shall be dismissed with costs or the Plaintiff admitted to reply if he deserve it first paying down five pounds costs within four dayes after such hearing else the dismission to stand and the conclusion of the Order upon hearing is to be penned by the Register accordingly and then such dismission shall be a good Plea in bar of any new Bill for the same matter Where a Plaintiff proceeds so far as to proof and upon the hearing it clearly appears that the Plain iff might have had full relief upon Bill and Answer albeit he be relieved in the same cause yet he shall pay costs See more fully these things in the Collection of Orders and Caryes Reports 39 87. SECT 4. OTher things in practice necessary to be understood by our Sollicitor are Replications Rejoynders and Sur-rejoynders Now a Replication is the Plaintiff speech in way of a Reply to the Defendant Answer the Rejoynder is the Defendants Answer to the Plaintiffs Replication and the Sur-rejoynder is the second defence to the Plaintiffs Action opposite to the Defendants Rejoynder 1. The Replication must be short relating to the substance of the Bill and it must avoid superfluous and crimâ—nous matter 2. The Replication must affirm and pursue the Bill and confess and avoid traverse or dâ—ny the Answer 3. The Rejoynder that must pursue and confirm the Answer and must sufficiently confess or avoid traverse or deny any material part of the Replication 4. No new matter must be put into the Replication and so much matter only is necessary to be there as will avoid the matter of the Answer 5. If upon the Answer there be so much confessed that the Plaintiff need not to draw into pleading and prove all the points he must see to it and reply and go to proof onely in those particulars in question and necessary to be proved 6. When the Defendant doth demur or disclaim to any Bill exhibited against him the Plaintiff cannot reply and if the Defendant in those cases be served with a Subpoena ad rejungendum having before made no other Answer but a Demurrer or Disclaimer as aforesaid he shall have costs for unjust vexation Where the case is such that the parties cannot come to issue by reason of some new matter disclosed in the Defendant's
suit or any part of it his Bill shall be dismissed and never after retained No Process of contempt shall go out for a Pauper untill it be signed by the Six-Clerk who dealeth for him and he must see there be cause for it In all Offices where he hath any occasion to pass any thing he must still shew his Admission Touching Petitions for the avoiding the multitude of frivolous ones drawn by persons who are altogether ignorant of the practice and course of the Court and the true state of the Petitioners business it were to be wished that none but able Sollicitors such as are described before both for Learning and Parts and not every broken fellow that can scarce write his name be allowed by the Court to practise as is before mentioned Page 27. SECT VI. ANother thing fit for our Sollicitor to know is the matter of Affidavits and how they are to be made that they may be effectual You must know then that Affidavits are most generally made before Masters of the Chancery but where it is for the serving of a Subpoena they are sometimes taken and certified by others An Affidavit may not be taken against an Affidavit for if it be the latter is not to be used An Affidavit ought not to be taken tending to the proof or disproof of the matter in question nor may any such matter be admitted to be colourably inserted into an Oath made of the serving of Process Caryes Rep. 63 69 81 82 84 85 98 99 103. There is also another point fit for our Sollicitor's knowledg for many times there may be some one belonging to the Court who is thereby a priviledged person by which means he cannot be sued for debt In such Case and against such a person so priviledged a Declaration for debt or any other thing whereof the Court holdeth Plea is to be delivered to one of the Six Clerks whom the Plaintiff maketh as his Attorney and he thereupon giveth a day as is commonly termed which is a week viz. the whole next Return to the Defendant to answer which day entred into the Six-Clerk's Costs-book in this manner Roberts against Johnson a day is given from the day of St. Michaâ—l in one Moneth in a Plea of Priviledg Day being thus given the Declaration under the Attorneys hand is sent over to the Petty-bag by one of the said Attorneys Clerks which Declaration is briefly entred by one of the Clerks there and likewise the day that is given to the Defendant to answer in a Roll there which is called Rotulus rememorationis Parvae-Bagae at which day by the course of the Common Law if the Defendant plead not he is fore-judged the Court But of late the course hath been to allow the Defendant a day of Imparlance that is day till the next Return after the Return given him to answer which is in this manner The Defendant retaineth one or other of the Six Clerks who imparleth or him which is done in the Six Clerks Costs-book in this manner Roberts against Johnson Imparlance until the morrow of All. Souls at which day it is sent over into the Petty-bag to be entred into the aforesaid Roll next under the said Declaration The said day of Imparlance being past another day viz. commonly five dayes in a week which is commonly called the Peremptory day is given by the Plaintiffs Attorney and entred into the Petty-bag as aforesaid to the Defendant to plead or else Judgement is to be entred against him If the Defendant plead his Plea is delivered by his Attorney to the Plaintiffs Attorney and then if the Plaintiff will proceed to a Tryal he is to joyn up the Issue if he may for in some Cases he cannot or else the Plaintiff is to reply and give the Defendant a day viz. a whole Term to joyn up Issue which is given and entred as the day to answer and if the Defendant by that day joyns not up the Issue Judgment is entred up by Nihil dicit Here note That after a Peremptory day given the Defendant cannot pray Oyer of the Bond and Condition or such like as of late hath been used for â—meer delay but if the Issue be joyned up either by the Plaintiff or Defendant then is the Record made up and the same with a Venire facias is sent into the Kings Bench to be tryed as an Action there at Issue and upon Judgment there execution is thereupon there awarded But if the Defendant refuse or neglect to imparl at the day given him to answer or plead for he may plead if he will at that day then is Judgment entred against him and execution is awarded Upon Judgment either by default or Nihil dicit some of these Writs of Execution are awarded If for Debt the Plaintiff may have an Elegit by Westminst 2. Cap. 18. or else a Levari facias or Fieri facias and if the Plaintiff cannot levy his Debt and Damages then he shall have a Capias ad satisfaciendum either for all or so much as resteth unsatisfied The Judgment being satisfyed the Plaintiff by himself or his Attorney if the Defendant desire it doth acknowledg satisfaction upon the Judgment in the Petty-bag-Office It is to be noted that whatsoever day is given by any of the Six Clerks and by them entred in their Book is yet worth nothing if the same be not entred in the Petty-bag This is the course used against a person that is priviledged by a Forrainer but if a Forrainer be indebted to a priviledged person or incur a suit then you must observe this couâ—se that followeth The Defendant being Arrested by an Attachment of Priviledg at the suit of a Priviledged person as aforesaid must retain one of the Six Clerks to his Attorney and must put in Bail to the Plaintiffs Action according to the course of the Court which is to appear from day to day untill the Plea be determined to satisfy the Plaintiff all such sums of money as the Plaintiff shall recover against him by reason of this suit then the priviledged man putteth in his Declaration and thereupon the proceedings are the very same as before against the priviledged man By the course of the Court the Defendant is to put in four Subsidy-men or sufficient Sureties be the Action never so small as appears by Archibald and Burialls Case 23 El. wherein the Defendant is bound in 400 l. the sum of the Action and every surety in a hundred pounds If Judgment be given for a priviledged person in this Court he may if he will take out Execution as before but if he will not then he may take out a Scire facias against the Defendant and his Manucaptors upon the Bail whereupon if Judgment be upon the said Soire facias in the Chancery then Execution is there awarded but if upon Issue joyned and sent into the Kings Bench and upon Tryal there Judgment be given then is Execution there awarded and upon
satisfaction of the Debt and damages the Bail is to be discharged upon the acknowledgment of satisfaction as before is mentioned against the priviledged person If either the Plaintiff or Defendant upon Declaration of Priviledg or Scire facias demur in Chancery the Demurrer being joyned a day is set down by the Lord Chancellor or Lord Keeper for the arguing thereof before him And if upon the Argument it fall out to be a Respondeas ouster then Judgment is entred thereupon and if it be against the Defendant then Execution is awarded and if against the Plaintiff then it is that Nilcapiat per Billam that he take nothing by his Writ or Declaration But if it be a Respondeas ultra then is the Defendant to pay costs and a day given for him to plead peremptorily or Judgment to be entred Thus have I quite gone through the whole practick part wherein our Sollicitor ought to b◠versed I shall in the next place give you a Table of Fees which in regard he may in dealing for Clyents have occasions for frequent disbursments I think it very necessary which are in short these and shall make one entire Section and the last of this Chapter SECT VII A Table of Fees  l. s. d. FOr all first second or other Copies of all Bills Answers and other Pleadings whatsoever as also of all Certificates and Examinations made or taken by vertue of any Commission out of this Court and of Interrogatories therewith returned and also of all Declarations or proceedings by English Bill or according to the course of the Common Law and for Copies of Records Rolls or Evidences brought in to be copyed or remaining in the said Court for every sheet of paper containing 15 lines 00 00 08 For the inrolling of all Warrants whereby any Patents Commissions Licenses Pardons Leases or other Grants whatsoever do pass by and under the Great Seal after the rate of every skin so passing the Great Seal 00 02 00 For the inrolling of all Warrants for Commissions of the Peace or Goal delivery for a liberty for Oyer and Terminer for Pyracies for the preservation of the Game of Swans and for Commissions for enquiry sued out for the benefit of any private person for every of the said Commissions 00 01 08 For the inrolling of all Warrants for all Commissions of Appeal and for the Admiralty for every one of them 00 00 04 For the inrolment of every Warrant for every ordinary License or Pardon of Alienation 00 03 04 But if the same be of more then ordinary length then according to the length after the rate of ten shillings the skin and not above 00 10 00 For inrolling all Warrants for all Commissions in the nature of Writs of Diem clausit extremum Mandamus Ideota proband ' Lunatio ' inquirend ' Melius inquirend ' for every of them 00 03 04 For inrolling the Warrants for every Patent or Grant of the Custody of any Ward 00 08 08 But this of Wards I suppose now to be of little use in regard all manner of Wardships are quite taken off by a Statute made in the 13th of King Charls 2. For inrolling the Warrant for every Presentation Donation or Revocation to any Rectory Vicarage Deanary Archdeaconry Chancellorship Treasurership or Dignity to any Metiopolitical Cathedral or Collegiate Church or for any Cannonship or Prebend in any of the said Churches or for the Mastership in any Hospitall or Ecclesiasticall Living or for the Grant of any Presentation or Presentations pro unica vel pluribus vicibus thereunto For the Inrolling of the Warrants for every Mandamus ad Installand ' 00 03 04 For the Inrolling of all Warrants for all Wine-Licenses for every life 00 03 04 Or such Fee not exceeding that proportion as by the Chancellor shall be set down though formerly they paid if it were granted for three lives but 00 06 08 For the inrolling Warrants for every Pardon of Outlawry 00 03 04 For inrolling Warrants for every Denization or Commission of Bankrupts 00 03 04 For writing of every Exemplification as well of Records in the Tower as of any Record whatsoever after the rate of every Skin 01 06 08 The Six Clerks Fee of every Clyent for every Term whilst his cause dependeth undetermined by Decree or by Dismission the Termly Fee of 00 03 04 And so if there be twenty Plaintiffs in one Bill they all pay but one Fee for one Term. But for every three Defendants reckoning the husband and Wife but for one person there is due for their first appearance 00 03 04 And upon the first appearance if every Defendant appears severally by himself he is to pay the Fee of three shillings four pence but every Term afterwards during the continuance of the Cause there is only the Fee of three shillings four pence the Term to be paid for all the Defendants that did appear in any Term or Vacation in the same Cause  l. s. d. For a Writ of Subpoena to answer 00 02 06 If there be three in the Writ you pay more 00 00 06 For an Attachment 00 02 10 For breaking it up with the Sheriff and his Warrant thereon 00 02 04 For the return of the Attachment 00 00 04 For a Proclamation of Rebellion 00 02 10 Breaking it up and Warrant 00 02 04 The Return 00 00 04 For a Commission of Rebellion 00 18 02 For the inrolment of every Liberate and Allocate 00 03 04 The Rule which the Plaintiff gives the Defendant to make answer by a day when the Defendant appeare 00 00 04 For each Rule for publication after examination of Witnesses 00 00 04 For entring them with the Register for each 00 00 04 The Defendants appearance 00 04 00 In which is included the Clerks Fee for the Term.  l. s. d. For the Oath made that the answer is true 00 01 00 And so for every Defendan◠if they be never so many    For a Commission to take an answer in the Country by Dedimus Potestatem 00 07 10 Besides the ingrossing of the Bill which is included in it every sheet 00 00 06 For a Subpoena for Costs where the Bill is not put in by the Complainant within the time limited 00 02 06 For a Bill of costs and the entry of it 00 02 04 For a Joynt-Commission to examine Witnesses in the Country 00 07 10 The Plaintiff payes the Defendant 00 06 08 For the examination of every Witness here before the Examiners 00 02 06 For the Oath of every Witness that is to be examined 00 01 00  l. s. d. For the Copies of Depositions returnable by Commission 00 00 08 For Copies of Depositions taken in the Examiners Office for each sheet 00 01 00 For the drawing up of an Order upon motion to the Register for the first side 00 03 00 For every other side 00 01 06 For entring of the same Order every side 00 00 06 Fees of an