sets his hand to the value of the Lands vppon Oath taken before him but it is written in Paper And when you come to passe your Fyne in my Lord of Leicesters Office so called as I said before because vppon the new erection of it in the dayes of the late good Qâ—…eene Elizabeth it was conferred vpon him and was deuised prouided chiefely to take notice of Alienations being the proiect of one Mr. Sutton of Lincolnes Inne as I take it Then you must borrow that Paper of the Iudge of Assize before mentioned to shew it vnto the Officers here Or else you shal be compelled to compound anew for the value of the Lands c. But if the Knowledge be made in open Court then you must haue the Precipe in Parchment which must bee annexed to the Writ of Couenant and you must deliuer it vnto the Sergeant at Barre to draw for which his Fee shall bee set downe hereafter and this you may do before you pay your Fine by which Knowledging you saue your Clyent a good part of his charge And if it bee Knowledged before my Lord chiefe Iustice of the Common Pleas in his Chamber or in any other place sauing in the Court then one of his Clerkes will make your Precipe Concord and write them in Parchment wherevnto he will get my Lords hand And then you are to consute the Writ of Couenant to the Concord and so passe it through my Lord of Leicesters Office the Custosb reuium the Kings Siluer and the Chirographer as is before set downe Note also as I gaue you to vnderstand before in part that if the Lands bee holden in Capite of the King then you must sue forth your License of Alienation for your establing in that behalfe For if you enter into the Lands without License the King will haue a Writ of Intrufion against you for the same aud so receiue al the maine profits thereof likewise vntil you haue sued forth your pardon heerein which will bee a matter of much charge c. How your Lieence of Alienation must be sued out FIrst you must get him who is proper Clerke for the Licences of Alienation to make your Dockquet or as it is corruptly writ ten your Dogget in paper which you are to carrie to the Office called my Lord of Leicesters Office or Office for Alienations At this Office you must compound for the value of the Land either by Commission or Affedauet and you must pay the third part of the value sessed for a Fine and that presently after the Master of the Chancery or Doctor who attendeth for that purpose hath set his hand to the Dockquet the fee for which hand expect anon This being done your Writ is to bee entred there in the same Office And then two Clerkes of the Office to whom it doth appertaine of property wil set their hands to the Dockquet and will afterwards make your Licence of Alienatiou and get it sealed for you the seuerall Fees of which seuerall passages I reserue for their proper Station c. Note that the Post-fine of euery Fine knowledged is as much as you pay in the Chancery halfe as much more and if it be to be leuied by the Sheriffe of the Shire where the Land lyeth which did passe by the Fine after Proclamations which is the yeere after the fine is leauied The Causes whereupon wager of Law lyeth IF any man bee sued vpon a simple Contract as Vpon Booke Vpon Emisset or Emisit Vpon Mutuatis or Mutauit Vpon Concessit soluere or Assumpsit oluere Vpon an Insimul Computauerunt Vpon a Detinet Vpon a Trouer Vpon Debt being not by Obligation of Bill signed and sealed In euery of these the Defendant may wage his Law that is Hee may dispose that hee oweth the Plaintiffe nothing and so auoyd his suite Wager of Law is to be done in this wise viz. that he plead Nil debit perlegem And so hee is to get day ouer vntill the next Terme to do his Law Or else he may do his Law presently at his owne election But if he deferre the doing of his Law vntill an other Terme He the Defendant must haue a care to come in at his day and do his Law Or if it so happen that hee cannot come in at the time and place appoynted His Attourney must remember the time when his Clyent was to do his Law and vpon the same day to cast an Essoyne for him or else the Plaintiffe will haue Iudgment against him by default And if the Defendants Attourney do so cast the Essoyne then the Plaintiffes Attourney is to adiourne it which if hee neglect to do the Desendants Attourney may call the Plaintiffe Nonsuit But if the Plaintiffe doth Adtourne it then the Defendant is to doe his Law peremptorilie at the day giuen him or else Iudgment shal be awarded against him by his owne default And in case where the Attourney for the Defendant doth not cast his Essoyne at the day for the benefite of his Clyent and his Clyent is not readie to doe his Law Then the Attourney for the Plaintiffe may enter a Ne recipiatur with the Clerke of the Essoynes and giue him day in Court to doe his Law very speedilie viz. within three or foure dayes after and vpon the Defendants default then the Plaintiffes Attourney may enter a Iudgement against the Defendant Then is the Plaintiffes Attourney to make a Bill of his Clyents charges get it rated and allowed by the Prothonotarie which done he may make forth Execution against the Defendant in what sort he shall thinke it best When the Defendant commeth in to doe his Law He is to bring in some of his neighbours or acquaintance to depose with him in manner following viz. Euery of them must make Oath that he beleeueth that the Oath which the Defendant taketh and deposeth is true He the Defendant deposing before them that he oweth no such debt to the Plaintiffe as the Plaintiffe declareth for nor any part thereof And the Defendant should bring with him twelue such neighbours or acquaintance compurgators with him who should all depose in like manner as aforesaid But there is an Officer here for the case of the subiect who will furnish the Defendant in this case of Wager of Law with twelue such Compurgators as occasion shall require for with a lesse number you cannot wage your Law c. VVhen the Defendant hath his said full number of twelue then his Attourney is to get the Prothonotarie to take his VVager of Law Then will the Cryer of the Court cause the Defendant to stand vp at the Barre and the Iustices will examine him whether he oweth or deteineth the money or goods or Chattels contained in the Declaration or any part or parcell of the same wherevnto the Defendant is to answer yea or no. And if the Defendant deposeth that hee doth not owe or deteine from him the Plaintiffe the same nor any
Summons 0 2 0 For the Returne and Post diem 0 2 4 Summe total besides the Fines 3 6 0 The Fines follow Secundum ratum Consuetudenem Valew of Land   Rate l. s. d Payeth l. s. d. The Land of yearely valne of 3 6 8  0 6 8 The Land of yearely valne of 5 6 8  0 10 0 The Land of yearely valne of 7 13 4  0 13 0 The Land of yearely valne of 8 13 4  0 16 8 The Land of yearely valne of 11 0 0  1 0 0 The Land of yearely valne of 12 0 0  1 3 4 The Land of yearely valne of 14 6 0  1 6 8 The Land of yearely valne of 15 6 8  1 10 0 The Land of yearely valne of 17 13 4  1 13 4 The Land of yearely valne of 18 13 4  1 16 8 The Land of yearely valne of 20 0 0  2 0 0 The Land of yearely valne of 22 0 0  2 3 4 The Land of yearely valne of 24 6 8  2 6 8 And so proportionably and according to the said Rates The Charges of a Fine with license of Alienation followeth  l. s. d. INprimis for making of the Dockquet 0 1 0 For signing of the Dockquet 0 2 0 For entring the Fine 0 0 6 Note that The Fine for Alienation is the third part of the yearely profiâ—…s of the Lands set downe by the â—…fficers in the Dockquet Fine third part Valoras terr For making of the License and for sealing of it 2 0 0 For entring of the composition 0 0 6 The Writ of Couenant 0 2 6 The Fine in the Writ of Couenant is the tenth part of the Value as it is set downe by the Officers Fine bre Couenant texth part valoris terr To the Custos breuium 0 2 8 For entring of the Kings siluer 0 0 6 To the Chirographer 0 5 8 The allowance of the Proclamation 0 1 0 l. s. d. For engrossing of the Fine and expedition 0 1 6 The Attourneys Fee 0 6 8 Summe Total besides Fines 3 4 4 The charge of a Fine knowledged by speciall Dedimus Potestatem  l. s. d. INprimis the Writ of Dedimus potestatem 1 2 2 The Fine in the Hannaper 0 6 8 The Lord Chiefe Iustice his hand to the Dedimus potestatem 0 1 0 To the Master of the Rolles for his hand to the same 0 1 0 The Returne of the Dedimus potestatem 0 2 0 The Attourneys Fee 0 3 4 For drawing of the Concord 0 3 4 The VVrit of Couenant 0 2 6 The post Diem inde 0 0 4 The Returne thereof 0 2 0 Item one of the Custos breuium his Clerkes which taketh out the fine 0 1 0 l. s. d. The Fine is according to the Value id est the tenth part of the value 0 10. pars  For the Commission or Affedauit 0 0 4 For the Kings siluer 0 10 4 The Entring of the writ of couenant 0 0 6 The Custos breuium 0 2 8 To the Chirographer 0 6 6 If you bring your Writ of Couenant after the Terme is ended The allowance of the Proclamation will cost you 0 1 0 For engrossing of the Fine 0 1 0 For Expedition 0 0 6 For the Attourneys Fee 0 3 4 Summe Total besides the Fine to the King is 2 1 10 And so much shall suffice for the charge of a Fine so acknowledged Now followeth The Charges of a Fine knowledged before my Lord chiefe Iustice of the common-Common-Pleas INprimis for drawing of the Concord 0 2 6 l. s. d The Writ of Couenant 0 2 6 The Knowledging before his Lordship 0 9 0 The fine for the Value Vt supra   For the Affedauit and composition 0 0 4 For entring the Writ of couenant Vt supra   To the Receiuer for making of the VVrit and knowledging of the same 0 0 6 The Returne of the VVrit of couenant 0 2 0 The Post Dâ—…em inde 0 0 4 To my Lord chiefe Iustices man for getting of his Lords hand to the concord 0 1 0 To the Custos breuium 0 2 8 For engrossing of the fine 0 1 0 For expedition 0 0 6 Attourneys Fee 0 3 4 Summe Total besides Fine to the King 1 13 4 The Charge of knowledging a Fyne at the Barre  l. s. d. FOr engrossing of the Concord 0 2 6 Breâ—…de Couenant 0 2 6 Affedauit 0 0 4 Allocatio Breâ—…e Couenant 0 0 6 To the Receiuer 0 0 6 To the Sergeant at Barre 0 3 4 To the Prothonotaries Clerke for making the Knowledge 0 0 6 To the Box 0 0 6 To the Porter 0 0 6 Fyne to the King vt supra   Returue of the Writ of Couenant 0 2 0 Custos Breuium 0 2 8 Entring of the Kings siluer 0 0 6 To the Chirographer 0 5 8 Engrossing oâ—… the fine expedâ—…tioÌ„ 0 1 6 Summe totall besides the Kings Fine 1 3 6 ALL Writs of Couenant Writs of Assize and Writs in nature of Assize aboue the value of fortie shillings pay Fyne as before is set downe Writs of Debt and Writs of Trans Aboue 40. l. pay Fyne as followeth viz. Aboue 40. l. vnto 100. l. payes 0. l. 6. s. 8. d. l. s. d.  l. s. d. 100 0 0 payes 0 10 0 133 6 8 payes 0 13 4 146 6 4 payes 0 16 8 200 0 0 payes 1 0 0 233 6 8 payes 1 3 4 240 13 4 payes 1 6 8 300 0 0 payes 1 10 0 Et sic progreditur in infinitum VVRits of Forme-downe aboue the value of foure poundes pay Fyne in forme following l. s. d.  l. s. d. 5 6 8 payes 0 6 8 6 6 8  0 10 0 10 13 4  0 13 4 11 13 4  0 16 8 16 0 0  1 0 0 17 0 0  1 3 4 18 0 0 Ratably    19 0 0 Ratably    20 0 0 Ratably    20 0 0 similiter    22 6 8  1 10 0 Et sic de ceteris proportionabiliter procedendum est All Writs of Pone of Iustic Pone of Writs of Right Pone de auerijt bonis Catallis De Conspiratione Falso Iudicio Recordare of all kindes except de auerijs c. Accedas ad Curiam Dedimus potestatem for knowledge of a Fine or Deede to be enrolled or cancelled  l. s. d. Euery one of these Writs doe pay Fine 1 6 8 I Doe confesse that I haue here omitted the precise order of setting downe the proceedings of the Common-Pleas in the way of gradation true footmaÌ„ship in the scale of method numerously as also in the deliuery of the Fees of this court I do acknowledge that more might haue bene added and some of these may bee subiect to the quarrell of those who desire to keepe their Lawmysterie in Emblems and Caracters like to cosncionable Caldeans rather
your Counsaile at Law in such cases should be qualified fol. 60. Two kinde of Ordinances very pressiue to the Commonaltie of Corporations fol. 60. How to procure an Order or Warrant from the Lord Keeper to the Lords chiefe Iustices to passe your Ordinances in Paper and to prepare the same for allowance and confirmation fol. 61. 62. How thereupon the Lords chiefe Iustices doe peruse and make them fit returne them And how therevpon they bee engrossed signed and sealed by all three parties or the Lord Treasurer in supplement of any one of them fol. 62. 63. How requisite it were that all Ordinances were enrolled or registred on Record fol. 63. 64. How to sue a Recognizance taken in this Court fol. 64. How farre you may proceed in the Petty bagge of the Chancerie herein and when you are to transmit the proceeding to the Kings Bench or Common pleas to bee tryed there by Iury. fol. 65. How to sue a Statute Staple that is forfeited here fol. 66. How to enquire apprehend and extend the Body Lands and Goods of the party forfeiting his Statute fol. eod How long the Sheriffe may keepe the Lands or goods extended fol. eod From whence you are to haue your deliberate fol. 66. 67. What care you are to haue that there be sufficient extended before the deliberate bee sued out fol. 67. When you are to deliuer vp your Statuâ—…e and to whom fol. eod How to sue forth a Writ of Supplicauit to the most preiudice of your Aduersarie fol. 68. How you are to sue out and manage your Certiorare fol. eod 69. How to sue forth a Supersedeas vpon the foresaid Supplicauit and how to preuent the Arrest vpon the same fol. 69. The Chancerie side better then the Kings Bench side for the Supersedeas fol. 70. The helpe of the Officer in this case fol. 70. The Reasons why you should rather choose the Chancerie then the Kings Bench for your Supersedeas fol. 71. The Chancerie side the more potent in this kinde fol. eod How large you may haue your Writ of Supersedeas fol. 72. The large extension of this Court fol. eod What businesses doe belong to the Petty-bagge fol eod What doth belong to the Cursitors fol. eod The Cursitors incorporated and seuerally appropriated to their seuerall and peculiar Shires fol. 73. What seuerall Writs the Cursitor makes for remouing of causes out of seuerall Courts fol. eod How a Certiorare to remoue a cause out of a Towne Corporate And a Procedendo presently therevpon may bee made forth of course fol. 73. 74. How the second Procedendo must bee granted vpon a Bill fol. 74. How Bond must be giuen to proue the Contents of the Bill vpon grant of the speciall Certiorare fol. eod What time the Complainant hath to proue the Contents of his Bill fol. eod The Fees of Proceeding in this Court of Chancerie The Processe drawing of Pleadings and other proceedings particularly set downe from fol. 75. to fol. 81. erronicè 99. The Fees of all originall Writs sealed in Chancerie fol. 81. erronicè 99. For euery Writ particularly From fol. 81. or 99. to fol. 85. erronicè 103. The Authors excuse for omitting the Records of the Rolles c. fol. 85. 86. THE COVRT OF REQVESTS OR White-Hall at Westminster HOw the practice of proceeding in this Court is like to that of the Chancerie and the Fees in most things fol. 87. Their difference in the Leading Writ fol. eod How they vse to Summon neere hand and in London and Westminster fol. 88. erronicè 106. The Fees of Summoning by the Messenger and also by the Writ of Priuy Seale fol. eod THE COVRT OF THE PROVINCIALL COVNSAILE OF THE MARCHES of WALES HOw the proceeding is generally like to that of the Chancerie and the Fees in most things fol. 89. The difference in their Leading Processe fol. eod THE COVRT OF THE PROVINCIALL COVNSAILE AT YORKE THeir Coherence with the Chancerie in proceeding and Fees vt supra in Wales fol. 90. erronicè 108. How you may know the powers and priuiledges of the two Prouinciall Counsailes fol. eod The difference betweene this Court and the Chancerie in Leading Processe fol. eod A cause why those of the said two Iurisdictions Prouinciall doe dissert their owne Courts and come to Westminster fol eod How the Courts of the County Pallatine of Chester The Pallatine of Lancaster The Pallatine of Duresme The Chancerie of London and the Exchequer Chamber Westminst doe all imitate the practice and Fees of the great Chancerie with some little difference fol. 91. erronicè 109. The Worthinesse of our Chancerie Clerke fol. eod The Authors excuse for giuing to the Court of Common-pleas the Leading Fyle before the Kings Bench. fol. 92. THE COMMON-PLEAS TABLETVRE OF CONTENTS INstruction first to vnderstand the Nature of your Action fol. 93. erronicè 39. Caution to make your Bond and Originall to agree fol. eod How you shall make them to agree in case of a Bond. fol. eod How to Stile the Defendant in Action of Trespasse or the Case fol. eod Who is to make your Originall Writ and to get it sealed fol. 94. erronicè 112 In what case you may your selfe returne your said Originall Writ fol. eod In what case you must deliuer it to the Sheriffe to returne fol. eod Where after the returne made that the Defendant is sufficient the Plaintiffe may looke for the appearance fol. eod What is to bee done on the Plaintiffes partie touching Declaration when the Defendant hath appeared with other obseruations then required on the Plaintiffes party fol. eod How the Bond is to be shewed with the Declaration and the reasons thereof fol. 95. erronicè 113. How like course for shewing of your Euidence is to be held in Action of Debt due by Indenture or Testament or Letters of Administration fol. eod How the Originall and Indenture in such case must agree in the alias Dict. also fol. eod Costs and Dismission may be had against the Plaintiffe for not declaring in time fol. eod How the Defendant may afterwards discontinue the Plaintiffes Action for not replying at a day fol eod 96. What the Plaintiffes Attourney may doe where the Defendant being returned sufficient doth not appeare fol. 96. How the Plaintiffes Attourney may haue a Day and then a Distresse and Distresse after Distresse till the Defendant appeareth fol. eod What course the Plaintiffes Attourney may take in case the Sheriffe doe returne to small issues fol. eod How the Plaintiffes Attourney must returne the Writ where the Defendant hath no Freehold within the County in Debt and Trespasse c. fol. 96. 97. The difference of the Returne betweene those Actions and an Action of Trans super Casum vpon the case fol. 97. The Returne of the Ordinarie Processe of Capias to the Exigent fol. eod What space must bee betweene the Teste and the Returne of an originall Writ fol. eod And what space betweene the Teste
purpose fol. 156. The charges of a Fine with License of Alienation fol. 157. 158. What the Fine for Alienation is fol. 157. What the Fine is in the Writ of Couenant fol. eod The charge of a Fine knowledged by speciall Dedimus Potestatem fol. 158. 159. The charge of a Fine knowledged before my Lord chiefe Iustice of this Court fol. 159. 160 The charge of knowledging a Fine at the Barre fol. 161. The Fines payable vpon diuers kinde of Writs fol. 161. 162. 163. The lymnes of the Kings Bench with the Actions handled there fol. 165. The Identitie of the forme of proceeding in the Kings Bench and common-Common-pleas as also of Fees fol. eod In what few points of proceeding they doe differ And how they may bee reconciled fol. 166. 167. The Coherence of the Latitat and the Capias fol. 166. Their small difference in Fine fol. eod THE KINGS BENCH AND LONDON THeir difference in Libertie of time to declare c. inde fol. 167. Their difference in Requisition of Speciall Bayle fol. eod Their difference of libertie to amend a Plea fol. eod Their little difference in the whole charge of Remouing a body by Writ fol. 167. 168. Their difference in paying of Dammage cleere vpon a Iudgement fol. 168. What bee the Common Law Courts of London fol. 169. What Actions they deale in fol. eod The small difference betweene them and the Kings Bench for proceeding fol. eod What time the Free-man hath to appeare In suo loco by mistake it is To put in Bayle pro To appeare fol. eod What time the Plaintiffe hath to declare fol. 170. The difference betweene the Courts of London and those of Westminster in their Indebitatis assumpsit fol. eod Their vsuall and extraordinarie helpe heere after Verdict fol. eod The Charge of proceeding to a Iudgement by default of Verdict fol. 171. Charge of Non suit here fol. eod Where you shall reade the Customes of the Citie which if they will let you I would farther request your opinion how agreeable it is to the Law viz. That the Obligee shall arrest the body of the Obligor vpon that Obligation which is not yet in force according to the prefixion of the day conditioned for payment fol. eod How all other Courts of Record are generally led for formalitie of practice fol. 172. THE STARRE-CHAMBER OF the Starre-Chamber practice fol. 173. What is their Leading Processe fol. eod What time the Defendant hath to appeare fol. eod Fees of his Appearance fol. eod Danger of not appearing in time fol. 174. Fees for procuring the Attachment against the Defendant in such case fol. eod When the Defendant must appeare if the Writ be returnable vpon a day certaine fol. eod What the Defendant must doe if hee bee brought in vpon the Attachment fol. eod How the Defendant may appeare gratis without Processe fol. 174. What Processe may be had against the Defendant vpon losing of the first fol. 175. Fees inde fol. eod What Processe may be against the Defendant the Sheriffe returning Non est inuentus vpon the Attachment fol. eod Fees inde fol. eod What course the Plaintiffe may take against the Defendant appearing vpon Attach cum feod inde fol. eod The danger if the Defendant appearing vpon Attach doe depart without answering the Contempt fol. 176. What the Plaintiffe must doe before he haue Warrant for Processe heere fol. eod What time the Plaintiffe hath to perfect his Bill put in pro forma at the first fol. eod How the Defendant may get the Plaintiffe to be dismissed for want of a Bill fol. eod Fees of Costs giuen inde fol. eod What course the Defendant hath to recouer those Costs giuen vpon the dismission of the Plaintiffe fol. eod 177. What time the Defendant hath to put in his Answere fol. 177. How the Defendant may answere by Commission fol. eod Fees inde fol. eod From whom and how the Commission must be obtained fol. eod 178. How the Commission must bee returned fol. eod The Defendants danger in not answering in this case fol. eod How the Plaintiffe may ioyne with the Defendant in the Dedimus to answere and minister Interrogatories fol. 179. How the charge shall be then borne fol. eod The Plaintiffes time to put in Interrogatories fol. eod The danger if the Defendant depart out of Towne before he bee examined vpon Interrogatories fol. eod How the Defendant may depart no Interrogatories being put in in time fol. 180. What is to bee done when the Defendant hath demurred fol. eod 181. The danger of the Defendant if his Demurrer be certified for Insufficient fol. eod What course the Plaintiffe is to take against the Defendant vpon Certificate of such Insufficiencie fol. eod In what case the Defendants Demurrer may be accepted in the Countrey fol. 182. What course to be taken where the Defendant demurres to one part of the Bill and answeres to another fol. eod How it is with the Plaintiffe when the Defendants Demurrer is found to bee sufficient fol. eod 183. How the Demurrer may dye fol. eod What course is held where the Sufficiencie of an Answere made to Interrogatories is referred to Committees fol. eod When the Plaintiffe may reply and make the Defendant Reioyne fol. eod 184. Where no Replication shall neede at all fol. eod When the Plaintiffe may make the Defendant to ioyne in Commission fol. eod How the Plaintiffe may lose the benefit of examining the Defendant vpon Interrogatories fol. eod The danger if the Plaintiffe doe not reply in time fol. eod When the Plaintiffe may take forth Commission to examine Witnesses fol. 185. In what case the Plaintiffe may sue out Commission alone to examine fol. 185. How the Defendant shall Reioyne fol. eod How the charge shall bee borne when both parties ioyne fol. eod How the Defendant may sue out Commission alone to examine fol. 186. What course the Defendant may take in case the Plaintiffe doe delay the examination of Witnesses fol. eod When day may bee giuen for Publication fol. eod When Publication may be had fol. eod What may stay Publication fol. eod 187. When the cause standeth at the highest heere fol. eod How constant and immutable the grounded Rules of this Court be fol. eod The forme of proceeding Ore tenus in this most Honourable Court fol. 188. 189. THE EXCHEQVER THE Exchequer proceeding fol. 190. The seuerall places of proceeding in the Exchequer fol eod The Exchequer Chamber proceeding fol. eod The Court of Pleas proceeding fol. eod How the proceedings of the Exchequer Barre are distributed fol. 191. The order of appearance here fol. 192. The Charge of appearance in the Exchequer fol. eod 193. The Charge of an enrolement in the Exchequer fol. eod The Charge of the Sheriffes account in the Exchequer fol. 194. 195 196. The Ordinarie charge for passing of an Account fol. 196. 197. Fees belonging to the Sheriffe in his Office
fol. 198. 199 200. CLERKE OF THE PEACE FEes belonging to the Clerke of the Peace with the businesse of his Office and the manner of proceeding at Sessions wherein in one place viz. pag. 205. in stead of Clericus Custodis Rotulorum pacis It is printed Clericus Clerici Rotulor c. fol. 201. 202. 203. 204. 205. CLERKE OF THE ASSIZE THe Clerke of the Assizes his Fees in his Office fol. 206. 207. THE ARCHES THe charge of prouing a Will the Inuentory being forty pounds and not aboue fol. 208. THE COVRT OF WARDS INstructions how you are to sue forth a Lunaticke 209. 210. 211. Here is who deliuers for which deliuers fol. 212. linea 6. Instructions how you are to passe a Ward fol. 212. 213. 215. The charges of obtaining and passing of a Ward fol. 215. 216. THE HIGHEST COVRT OF PARLIAMENT WHereupon all the Positiue Law of the Land doth consist fol. 218. Who keepes all the Acts of Parliament fol. 219. What are the Parliament businesses fol. eod The large power of Parliament and how binding it is fol. 220. Who bee called to the Parliament and by what reason or duty and how they be called fol. eod to the end What time of Summons they vse to haue fol. 220. How the Proctors of the Clergie bee elected and how many of them are called by Writ c. fol. 221. Reasons to proue that the Conuocation house is no member of the Parliament House fol. eod The Seruices of such as come hither by reason of Office fol. 222. The Allowances of the Knights Burgesses And Barons of the Cinque-Ports per Diem and how they may recouer it fol. 223. Who must pay the Fine of the fore-named persons fol. eod What Fines euery of them is to pay vpon their default in not appearing fol. 224. What course the King may take if all the Lords be absent according to opinion fol eod The Officers here and their places fol. eod How the Speaker is appointed fol. 224. What Proclamations are fol. 225. The power of Proclamations with the paine of him that doth breake the same fol. eod The Office of an Eschetor fol. 226. What may be found by vertue of Writ and what by Office of Eschetor as he is a Commission of himselfe fol eod THE DVCHY COVRT WHat pleadings the Duchy Court holdeth fol. 227. The Iudges heere fol. eod Who keepes the Rolles fol. eod Who keepes the Leases Grants and charge of the Duchy Lands fol. 227. 228. The Auditors and Surueyors of the Duchy Court fol. 228. The Authors Request touching the defeat of Clyents causes by their owne counsailes default fol. 229. 230. THE OATH WHICH AN ATTOVRNEY WAS ANciently wont to take vpon his Admission being now disused And in stead thereof the Oath of Allegeance is only ministred howsoeuer both would doe better YOv shall doe no Falshood nor cause any â—… bee done in the Court And if you â—…ow of any to be done you shall giue knowledge â—…hereof to my Lord chiefe Iustice or some of his brethren that it may be reformed you shall dâ—…y no man for Lucre or Malice Nor shall increase any Fees but be content with the old Fees accustomed You shall pleade no Forraigne Plea Nor sue any Forraigne Suite vnlawfully to the hurt of any man But you shall sue such onely as shall stand with the order of Lawe and a good Conscience You shall seale all such Proces as you shall sue out of this Court with the Seale thereof onely and see the Kings Maiestie and my Lord chiefe Iustice discharged for the same You shall not wittingly sue or procure to be sued any false Suite or giue aide or consent to the same on paine to be expulsed the Court for euer And further you shall beare your selfe honestly and vprightly in the Office of an Attourney of the Court according to your best Learning and Discretion and as good Conscience bindeth you So help you God c. NOVV I bring the Returnes themselues home in the Rere of my Booke as being the only Leaders of Attourneies proceedings and the Practice being past before they offer themselues in the last place beeing most markable and ready to euery hand as occasion may require The foure Termes with their Returnes Hillary Terme beginneth Ianuary 23. and endeth February 12. Returne Dayes or Essoyne Dayes Exception day Returna Breuium Appearance dayes Octabis Hill Ian. 23. Ianu 24. Ianu. 25. Ian. 26. Quind Hill Ianu. 27. Ianu. 28. Ianu. 29. Ian. 30. Crast. Purif Febru 3. Febru 4. Febru 5. Febru 6. Octab Purif Febr. 10 Febru 11. Febru 12. Febru 13. Easter Terme begins April 30. and endeth May 26. Quind Pasch Apr. 30. May 1. May 2. May 3. Trees Pasch. May 5. May 6 May 7 May 8. Mense Pasch. May 12 May 13 May 14. May 15. Quinq Pasch. May 19. May 20 May 21. May 2â—… Craft Ascen May 23. May 24 May 25. May 26. Trinity Terme begins Iune 13. and endeth Iuly 2. Craâ—… Trin. Iune 9. Iune 10. Iune 11. Iune 12. Octab. Trin. Iune 16. Iune 17. Iune 18. Iune 19. Quind Trin. Iune 23. Iune 24. Iune 25. Iune 26 Tres Trin. Iune 30. Iuly 1. Iuly 2. Iuly 3. Michalemas Terme begins October 9. and endeth Nouember 28. Octab. Mich. Octob. 6. Octob. 7. Octob. 8. Octob. 9. Quind Mich. Octo. 13. Octob. 13. Octob. 15. Octob. 16. Tres Mich. Octob. 2â—… Octob. 21. Octob. 22 Octob. 23. Mense Mich. Octo. 27. Octob. 28. Octob. 29. Octob. 30 Crast. anim Nouem 3. Nouemb. 4. Nouemb. 5. Nouemb. 6. Crast. Mart. Nouem 12. Nouemb. 13. Nouemb. 14. Nouemb 15. Octab. Mart. Nou. 18. Nouem 19. Nouemb. 20. Nouemb. 2â—… Quind Mart. Nou. 25. Nouem 26. Nouemb. 27. Nouemb. 28. The Law-Dayes in the Courts of Arches Audience Prerogatiue Consistory Delegats Admiralty In Hillary Terme S. Hillary 13 Ianuary S. Wolston 19 Ianuary Conuersio S. Pauli 25 Ianuary S. Scholastic 10 February S. Valentine 14 February In Easter Terme Quind Pasch. 28 Aprill S. Gordian 10 May. Ascension day 22 May. In Trinitie Terme Corpus Christi 12 Iune S. Buttolph 17 Iune S. Iohn Baptist 24 Iune S. Paul 30 Iune In Michaelmas Terme S. Faith 6 October S. Edward 13 October All Soules 2 Nouember S. Martin 11 Nouember S. Edmund 20 Nouember And when and where their seuerall Courts are seuerally and respectiuely kept you shall reade in the common Almanacke at large FINIS Cum tonat ocyùs Ilex Sulphure discutitur sacro quam tuque Domusque T. P.
vse his Trade after hee hath arriued at his Freedome by honest seruice according to the Lawes of the Land and the ancient custome of the place Or to take a House for his best convenience aduantage and accommodation of his Trade Or the like The other Agreeuance which I poynt at is a Consumption and effusion of the purse and estate of the Subiect by grieuous Fines Amercyaments and Impositions and by laying of Offices vpon them which draw great expence in Feasting and profusenesse of which I shall take occasion in a more fitting place to speake and write at more liberty I proceed with my Direction in the passing of any such Ordinances The Paper booke beeing perfected by such able Counsaile you are to draw your Petition in the names of the Maister and Wardens in name and in the behalfe of the whole Company to bee directed and deliuered with the sayd Booke to the Lord Keeper or Lord Chancellour desiring Where as ith ath pleased his Maiesty so to Incorporate you and to giue you power to make Orders and Constitutions for your better gouernment which Orders are by the Statue of the nineteenth of King Henry 7. to bee perused examined and allowed by the Lord Keeper Lord Treasurer and the two Lord Chiefe Iustices of either Benche or three of them at least which prouision you are ready to obserue and performe on your parts It may therefore please his Lordship to giue order to the two Lords chiefe Iustices to peruse examine and make the same fit and worthy the confirmation and allowance of his Lordship and themselues c. Heerevppon his Lordship giue order vnder your Petition That the two Lords chiefe Iustices do accordingly peruse examine and make them fit as is desired They the sayd Lord cheife Iustices doe by vertue of that Order and Warrant peruse the same and after they haue so altered added or sustracted as they shall thinke fit Then their Lordships giue order to one of their owne Clerks to write them ouer fayre againe into a Paper booke coppy-wise VVhich when they haue exactly examined with the former so by them reformed They subscribe the same and send them seal ed vp backe againe to the Lord Keeper who vpon the opening thereof and sight of the approbation of the Lords chiefe Iustices doth likewise giue order in writing at the Foote of the sayd Booke subscribed with his hand That the same be forthwith faithfully ingrossed in Parchment and in the Chancery hand by such an one as it shall please the two Lords chiefe Iustices to appoynt therevnto And that they giue him testimony of the due performance thereof by the confirmation of the same vnder their seuerall hands and Seales and soe the Lord Keeper seales the Booke vp againe and returnes it to the Lords chiefe Iustices who giue direction for the engrossement according to the order aforesayd And when the same is so engrossed and examined with the Paper booke they set their seuerall hands and Seales thereunto and deliuer it to your selues to carry to my Lord Keeper Vppon sight whereof he vseth also to Seale and subscribe the same But I pitty the case very much that there is no Inrolement Record or Register of any such Ordinances kept in any place the rather for soe many thousands of people are gouerned by them beeing Law to which they can haue noe recourse nor can consquenyly take the true measure by which they should fashion their manners to sit smoothly to the body of their Ordinance It is not the reading of them once in a yeare in parcels and cursorily can take impression in the most learned of them if there be any such much lesse in the generall sort I hope that succeeding times will looke into this euill euen in the greatest bodies incorporate and giue it a fitting redresse And so much shall suffice for such Ordinances I now returne to my other scattered pieces which I haue gathered together and fasciculated into the little bundle Following Instruction how to sue a Recognizance taken in Chancery IF you would sue a Renognizance that is taken heere When it is Forfeited you are to bring a Coppy of the same to one of the Clerkes of the Pettie-Bagge And hee will therevpon make you two VVrits of Scire facias The one of a Returne past if you will and the other of a Returne to come These you must deliuer to the Sheriffe of Middlesex who will returne them as the Law requireth him to do in this case And when they are returned you are to carry them againe to the Petty-Bagge And to reteine one of the Clerkes there to be your Attourney herein And then giue the Defendant a day to appeare which if hee doe not accordingly a Iudgment is to bee awarded against him for his said default And if he do appeare by the day to him so giuen Then are you the Plaintiffe to Declare against him the Defendant and hee is to answere and plead to you here as is vsed in other Courts of common Law And when you are at full issue vpon the Venire facias you are to haue your Witnesses and this is the vtmost extent of the proceeding here in Chancery For then if you will goe to Tryall you must haue the whole proceeding heere written into Parchment and it must either bee sent by the Officer of the Petty-bagge sealed vp to bee tryed in the Kings Bench or Common pleas at your election or else it may bee deliuered ouer vn-sealed by the Lord Keeper or Lord Chancellour which is agreeable with the words se propria manu c. Where note that there can bee no Tryall by Iury here in Chancery Instruction how to sue a Statue Staple forfeited here IF you will sue a Statue Staple here You must first goe to the Clerke of the Staple and shew him the date of your Statute when it was acknowledged which may also appeare by the Statute it selfe And then he must make your Certificate therevppon and seale it vp Then are you to goe with it to the Clerke of the Crowne and to get him to make the Exigent therein You must deliuer to the Clerke of the Crown your Certificate You must then haue your Obligation made and your Extent to bee made and endorsed on the backside as is vsed in such cases This endorsement of the Extent is called the Fine of the Extent which must be deliuered vnto the Sheriffe who by vertue thereof is to impannell a Iury to enquire extend and apprehend as well the Body as the Lands Goods and Chattels of the party so bounden And when they be so extended into the Kings hands the Sheriffe may keepe them vntill you bring him a Deliberate which you are to haue from one of the Clerkes of the Petty-Bagge Note also that it concernes you to take good heed how you sue out this Deliberate For if there be not sufficient estate or goods extended wherewith to satisfie your Statute and you sue your
3 4 Item a generall Capias vtlagat and the seale thereof 0 0 11 Item a speciall Cap. vtlagat and the seale thereof 0 2 4 Item the Attournies Fee 0 3 4 The charges of a Nisi prius in Guild-Hall in London taken by default IN Primis The Venire facias 0 2 7 Item the Returne thereof 0 2 0 Item the Post diem of the same 0 0 4 Item the Hab. Corp. and the Seale 0 1 11 Item the Returne of it 0 2 4 l. s. d. Item the Sergeant for warning of The Iurie 0 3 4 For the Copie of the issue 0 1 0 For the Seale of the Nisi prius 0 2 2 The Lord chiefe Iustices Fee for entring the Record into his Booke 0 11 9 For the Reading of the Record 0 1 0 For the Default 0 2 4 For the Greene cloth 0 1 0 For the keeper of the Hall 0 1 0 For a Tales if the Iury fill not 0 4 4 To the Iury per piece beeing of the number in the Hab. Corp. 0 0 8 To the rest that come in by Tales per piece 0 0 4 Item my Lords Foot cloth seruant 0 1 0 Item to the Sergeant for keeping of the Iury. 0 1 0 Item for the Barre-keeper 0 1 0 Item to the Cryer 0 1 0 For euery witnesse sworne per piecce 0 0 4 Item the Attourneys Fee 0 3 4 Item for your Counsels Fee at least 10. s. The charge of a Nisi prius in the Countrey  l. s. d. IN primis the ven fac 0 2 7 The returne thereof  vt supra  The Post Diem  vt supra  The Habeas Coâ—…pora and Seale  vt supra  The Returne of it  vt supra  The Bayliffes for warning the Iury  ovt supra  For sealing the Record of Ni. prius  vt supra  The putting in the Record at Assizes 0 15 1 Item your Counsellers Fee The Attourneys Fee  vt supra  Where note that if the Attourney who is named Attourney vpon the Record followeth the businesse you shall saue 4. shillings foure pence But if you vse any other you shall pay the more 0 4 4 Item All other thingâ—… as Iury The Bayliffe who keeps the Iury Cryer and all other generall and for the most part 0 vt supra  Fees belonging to the Prothonotaries and their Clerkes  l. s. d. IN primis for euery common Declaration not exceeding the number of twentie lynes in the Roll And the Roll vnder the number of 700. 0 1 0 Where the Originall and Capias are double the Fees generally vppon the same proceeding bee likewise double here duplex fâ—…od    Declaration vppon account 0 2 0 Entring of an issue vpon a per dures imprisonement nunques Executor or pleâ—…e administrauit 0 2 4 Also for the Declaration and for the Iudgement similiter similiter Nunques Receptor pour account rendre Pro Q. Defen 0 4 2 Fee of the Defenâ—…ant for euery common issue 0 1 0 Fee of the Plainâ—…ffe for Conditions performed wherein there is no Reioynder 0 3 8 Of the Defendant for his part except the Bond bee the longer but 0 2 0 l. s. d. Item for euery Declaration if it be but twenty lines 0 1 4 Item for euery sheete more if it be aboue twenty lines le sheete 0 0 4 To the Clarke for coppying of the Pleas and titling for euerie sheete for euery sheete inde 0 0 4 The Imparlance Cop. 0 1 0 To the Protâ—…onotary for euery Imparlance 0 1 0 For the entring of the Condition 0 1 0 In Reall actions for the Copy of euery sheete le sheete 0 0 8 Entring of Non assumpsit for the Defendant 0 2 0 For the Plaintiffe similiter 0 2 0 For euery Replication 0 0 4 For euery Reioynder 0 0 8 For Entring of euery Bayle 0 2 0 For Entring of Nihil dicit 0 2 4 For the Copy of the same 0 0 8 If the same containe more then a Roll Then you pay after the Rate of 6. s. 8. d. for euerie Roll more Euery Roll more 0 6 8 For euery Iudgement and Satisfaction in Actions Reall 0 4 0 To the Prothonotarie for Single Voucher 0 11 6 l. s. d. To the Clerke for Entring and Exemplifying inde 0 4 0 The Prothonotaries allowance to the Clerke inde 0 1 6 For writing and examining of euery exemplification in Writs of Entry vpon Vowcher or confession if it be a double Vowcher 0 5 0 To the Prothonotarie 0 14 6 The Prothonotarie allowes to the Clerke inde 0 2 6 To the Clerke for Entring of euery Roll. 0 0 4 To the Prothonotarie for entring of a Summons 0 4 6 For the Searching of any of the old Dockquets for euery Terme 0 0 4 To the Prothonotarie for a Treble Vowcher 0 18 6 To the Clerke for entring and exemplifying inde 0 6 0 Fees belonging to the Phillozers of the Common-pleas  l. s. d. IN primis for euery Cup. vpon Distresse and in Debt Detinew Accompt and Trespasse of Common Processe 0 0 6 For signing thereof 0 0 4 Item for euery Capias Pone or Capias and Distresse in the common Writ of the said Action 0 0 6 For signing thereof 0 0 4 Item if any such VVrit bee of the number of sixe names 0 1 0 Item for a Capias Pone Distresse Sur. Couenant Annuitie of Action vpon the Statute c. 0 1 0 Besides the Seale    Item for euery Exigent vppon the Statute and vpon the Case 0 1 0 Item for the Deliuery of a Record 0 0 4 Item if any the aforesaid Writs bee longer then is vsuall by reason of the number of names or matter contained in them Then you are to pay therefore accordingly and ratably Ratably    Fees of the Office of Custos Breuium  l. s. d. INprimis for Search of euerie Terme 0 0 5 Item for the Copy of the VVrit 0 0 4 Item for the single bundle 0 0 1 Item for the Fyling of an Exigent if it bee without a Post terminum 0 1 8 Item for the fyling of any Sheriffes bundle of VVrits so that they come in within three or foure dayes after the first Returne of the Terme 0 0 4 Note that by reason of the manifold inconueniences and abuses which did grow by occasion of the putting in and receiuing of Writs here after the day It was ordered and directed by the Court That no Originall VVrit or Plur. Cap. shall bee put in or receiued the last day of the Returne inde Item the Bagge-bearer of the Custos breuium ought to bring in the bundles of VVrits of the Terme past on the first day of the Terme following to bee seene perused and vsed by such as haue authoritie to doe it and that without paying of any thing for the same Dueties and Fees belonging to the Treasurie-house  l. s. d. IN primis for a
Search when you bâ—…ing with you the Terme and Number Roll And if it bee in the Terme time or before the Doore is shuâ—… vp euery search 0 0 4 And if you come to search in the Vacation after the Doore is shut vp Then you pay to the Keeper of the same house for opening the Doore 0 2 0 And if you search any of the old Termes Then you must pay for euery of the said Termes which you doe so search 0 4 0 Item the Officers and Attourneys ought to search and see the Essoines Rolles and old Termes in the Treasurie for theiâ—… better information and direction in their owne businesse without paying any Fee at all No Fee in priuiledge    Item for a Supersedeas vppon Main prise which should bee taken the Defendant beeing present in person 0 2 0 l. s. d. Item a Bill of Baile thereupon 0 0 4 Item for writing examinatioÌ„n and certifying inde 0 12 1 Item for Fees of Reâ—… of Pardon vpon an Vtlary 0 6 2 For the certifying of the Record inde 0 2 1 Item for the Warden of the Fleete inde 0 2 4 Item for the Clerks paines 0 1 8 Item the Siri facias inde 0 0 6 Item the bill of bayle 0 0 4 Item for euery Nisiprius so that it exceede not three Sheets 0 2 0 For euery Sheete aboue three 0 0 4 For the Seale 0 vt supra  Fees of the Clerke of the Essoynes follow  l. s. d. IN primis for Enroling of euery Essoâ—…ne 0 0 6 For euery Idem dies 0 0 4 For euery Adiournment 0 0 4 For euery Bill of Exception 0 0 6 For eâ—…ery Ne Recipiatur 0 0 6 l. s. d. For euery Supersedeas made by the Clerke of the Treasurie 0 2 4 For euery Copy thereof 0 0 8 If any Roll be spoiled by any of the Prothonotaries Clerke or any other Clerk that doth enter any roles then the party that so spoileth theÌ„ may go to the Office get a new one paying for the same a Roll. 0 1 0 Item of the Lord cheife Iustice for making and binding of euery Terme for his Fee inde 0 13 4 The Cryers Fees  l. s. d. IN primis for euery verdict or Non suite in the Court 0 0 4 For euery Fine knowledged at the Barre 0 0 8 For calliâ—…g keeping and swearing of the Iury 0 0 4 For eâ—…ery wager of Law 0 0 8 For euery Recouerie at the Barre 0 1 0 Item he ought to haue of euery Attourney of the same Court at the end of euery Terme which he well deserueth of euery Attourney 0 0 4 The charge of the reuersing of an Vtlary followeth  l. s. d. IN primis to the Exigenter for the Terme and number Roll 0 1 4 For a Warrant to enter the Attourney 0 1 4 For entring of the Vtlary 0 6 8 To the Clerke that enters it for his paynes 0 1 6 For the Pardon 2 0 0 For the Supersedeas 0 3 0 For the Scire facias and the Returne inde 0 2 4 The Attourneys Fee 0 3 4 Summe 3 0 2 Fees belonging to the Clarke of the Vtlaries follow  l. s. d. IN primis for search of euery Terme 0 0 4 Item a generall Capias Vtlagat 0 0 10 Item for a Speciall Capias Vtlâ—…gatum 0 2 4 l. s. d. Item the Certiorare vpon an Vtl. 0 2 0 For a Coppy and fine 0 0 10 And for your direction Note That if you would cause an Vtlary to be certified which is in the Sheriffes hands For that the parties are agreed you must first get a true Copy of the Exigent which you must bring to the Clerke of the Vtlaries and request him to make you a Certiorare thereby directed vnto the Sheriffe of the Shire where the Defendant is vtlawed This you are to deliuer vnto the Sheriffe and hee thereupon must certifie and returne it ouer of force though the Plaintiffe do not with-draw the Exigent The charges of trauersing of an Vtlary and Pardon vpon the same wherevpon you are to proceede in this and other Courts accommodatelie  l. s. d. IN primis the Search of the Number Roll. 0 0 4 Item the Certiorare out of the Chancery to remoue the Record 0 2 6 l. s. d. Item the Clerke of the Treasury of this Court for remouing of the Record 0 14 1 Item for drawing of the Pardon 0 3 4 Item for ingrosing of the pardon 0 6 8 Item for examining of it 0 1 0 Item for inroling of it in the Chancery 0 3 4 Item for the great Seale 1 0 6 Item for the first Sciri fac 0 2 6 Item the Returne thereof 0 2 0 Item for entring of the Vtlary 0 0 8 Item to one of the Prothonotaries for allowance of the pardon 0 2 4 Item the Post Diem of the first Sciri facias 0 0 4 Item the copy of the Entry 0 1 0 Item to the Clerke of the Vtlaries for discharging of the same 0 2 0 Item the Supersedeas de non mo lestando 0 2 6 Item for the Attournies Fee 0 3 4 Summe 3 6 4 The-charges of a Recouerie at the Barre  l. s. d. IN primis the writ of Entry 0 2 6 For entring of the writ of entry in the alienatioÌ„ office 0 0 4 To the Doctor or him that doth atend for the coÌ„position 0 0 4 For indorsing of the wriâ—… 0 0 6 For filing of the same 0 1 0 For fine thereof according to the value made by deposition of the party As in the Table following hereafter To the Receiuer 0 0 6 For the Returne thereof 0 2 0 To Master Attourney Generall for signing of the writ 0 10 0 To the Secondary for making the remembrance 0 2 0 For a Single Vowcher for three Sergeants 0 10 0 For a Double Vowcher to foure Sergeants 0 13 4 If there be not so many Sergeants at the Barre at the time of the knowledging of the recouery whether with single or double Vowcher as there ought to be The ouer plus of the Sergeants due is to bee deliuered to the Puisne one To the Puisne le surplusâ—…ge  l. s. d. Iustice to the Poores Box 0 0 6 Pro Iustic â—…unioribus 0 2 0 The Common Vowcher 0 0 4 To the Cryer 0 1 0 To the Keeper 0 0 6 To the Prrthonotarie for entring a Single Vowcher 0 14 6 To the clerke for exemplifying of the same 0 5 0 For the Seale of the Recouery in greene Wax 0 2 2 The Writ of Seisin and Seale 0 1 1 The Returne of the Post Diem thereof 0 2 0 The Warrant of Attourney 0 0 8 The Attournies Fee 0 3 4 And if there bee a writ of Summons awarded for that the Recouery cannot bee perfected in one Terme the Attourney may demand another Fee very reasonably and iustificably Double Fee pro Attornato For taking of Affedauit pro valore terr 0 0 4 For the Writ of
by him in the Conuocation house which he held to be a place of freedome and liberty of speech as being a limme or member of the Parliament House which assertion was ouer-ruled And the Conuocation adiudged to be no member of the Parliament House For though they come by Writ of Summons to the Parliament Yet they haue no power ouer the Laitie but onely authoritie to charge the Spiritualtie Or to make Institutions Prouinciall as Holy-dayes Fasting-dayes and such like And an Act of Parliament may passe without their consent priuitie or interposition in any manner of wise c. There doe come hither by reason and vertue of Office these viz. Per Scruice 1 The chiefe Cryer of England 2 The chiefe Vsher. of the Exchequer 3 The Chancellor 4 The Treasurer 5 The Chamberlain 6 The Barons 7 The Iustices of either Bench. 8 The Steward of England 9 The Porter 10 Groomes 11 And all tyed by seruice to be here done c. The Stewards Office hath beene to place the Lords there The Porter hath vsed to see that there be but one doore at which to goe in and out And euery one of the aboue-named Officers hath had his seuerall charge respectiuely The Allowance of the Knight Burgesses and Barrons of the Cinque-Ports follow viz. EVery Knight of the Shire hath vsed to haue the Allowance of a Mark by the day to be payed by the Countie whereof he is Knight And this may bee leuied by Distresse c. Knight 13. s. 4. d. per diem Burgesses and Barons of the Cinque-ports These haue not vsed to haue per diem aboue 10. s. per piece for expences And for the leuying of this They haue not vsed to Distreyne but haue tooke forth a Writ vnder the Great Seale of England The Writ for the Barons of the Ports is directed to the Warden The Writ for the Burgesses is directed to the chiefe Magistrates of the Citie or Towne Corporate for which they are Burgesses And the bodies for whom the fore-named persons are imployed must pay the Fine for their default c. As  l. s. d. For the first day wherein the Burgesse shall be called and appeares not his Borough shall pay 0 100 0 If at the second day the Knight of the Shire doe not appeare his Shire shall pay 100 0 0 If at the third day a Baron of the Cinque-ports shall not appeare those of the Cinque-ports shall pay 66 6 8 If at the fourth day the Proctor of the Clergie doe make default his Bishop shall pay 100 0 0 And if all the Bishops and all the Lords Spirituall and Temporall bee absent hauing lawfull Summons Many are of opinion That the King with this Commonaltie may proceed alone The officers in Parliament are The Speaker Two Clerkes Of which Clerkes one is for the Vpper House and the other for the Lower House The Speaker he doth commend and preferre the Bils exhibited into the Parliament The Speaker is vsually appointed and nominated by the King though accepted by the House And the Lord Keeper or Lord Chancellour vseth commonly pro forma on the first day of a Parliament to speake to the House that they make choyce and name one to bee their Speaker c. The Clerkes are Custodes Rotulorum Parliamenti Touching their Fees Non altum sapimus c. And thus I conclude with the Parliament For the other part of Positiue Law which does consist in Proclamations I may onely say what they are And what is the power of them according to the common receiued opinion and farther I intend not any speculation into them Proclamations are where the King and his Councell thinke fit and expedient to publish any thing as a Law The effect and power of them as also the paine of him that breaketh the same you may reade in diuers Treaties vpon this subiect In all which I finde this generall consent That if the Ordinance or Proclamation so made bee in supplement or Declaration of a Law that hath been formerly made and beene good It is to bee obeyed as a Law and the breaker thereof is to vndergoe the paine of him that breaketh a Law and his Allegeance c. So did those Prouisiones Merton attaine to this day doe hold the name and reputation of the Statute of Merton c. Dixi. THE OFFICE OF AN ESCHETER is set forth in these few lines following viz REgia demandunt breuia Eschaetoribus ista Cognoscenda sibi Quae sint Attinctio donet Quantum de sese QuantuÌ„ de alâ—…isque tenebat Per quae seruitia tenuit Quantumque valebant Terrae Quoque die fatis concessit Eâ—… haeres Quisnam proximior Cuiusque aetatis ab ortu Note Where the value of the Lands to be enquired of do exceed the value of fiue pounds per annum There he must enquire onely by vertue of Writ Where the Lands are vnder that value he may enquire by vertue of office and that Writ In euery case the Inquisition found must bee returned into the Petty-bagge c. THE DVCHY COVRT THis is a great Court of Record and it admits Pleas as well reall as personall as also mixt pleadings concerning the Lands of the Duchy The Iudges here are the Chancellor of the Duchy assisted by his Maiesties Atturney of the Court and two Iudges of the Common Law who aduise them for matter or question of Law The Rolles and Records of this Courts proceedings are in the custodie of the Clerke of the same to whose Office they doe appertaine But the Kings Euidence Leases and Grants of the Duchy Land as well the Possessions and Copy-hold as Fee-simple and Fee-ferme are all in the keeping of the Auditors The Auditors of the Court are diuers howsoeuer two are most principall one whereof for the Lands of the Duchy on this side Trent and another for the Lands beyond Trent There bee diuers Surueyors for the Duchy Lands for the Suruey of them but they keepe no Record vnlesse it bee some models of their owne making And so I leaue the Duchy c. THE CONCLVSION I Conclude with this humble Request made to those who haue power of Reformation in this crying reigning euill amongst Lawyers touching the disappointment and defeate of Clyents causes for which they are retayned and Feed and yet often fayle to giue attendance in the houre of Tribulation or to bee neere vnto the Clyent in the day of Visitation a foule fault in a friend but worse in a seruant It may therefore please those in Authoritie to giue the abuse this proper redresse viz That if any one of them take his Fee to bee of counsaile and to attend at such a certaine time and place and shall notwithstanding fayle The partie who so Feed him vpon complaint to the Iudge before whom he was feed to be may haue his Fee returned againe with such Dammage as hee shall make appeare to the said Iudge that hee hath sustained by the Absence of such Counsaile And