bee returned then lyeth a Capias vtlagant generall which is for the body onely Or else a Cap. vtlagat speciall which is for the body and goods Note that if you doe sue any of the Nobilitie of this Land who are of the Parliament House in any action whatsoeuer wherein Processe of Vtlary lyeth Although the Sheriffe returne him Nihil habet yet you may not sue a Capias against him but a Pone into the Shiere where his Land lyeth wherevppon if he do not appeare hee looseth fiue pounds And after a Pone you shall sue a Distresse and Distresse after Distresse in infinitum vntill he doth appeare If after the Sheriffe haue taken the Defendant vpon a Cap. ad satisfaciend for the Plaintiffe He suffer him to depart vpon Sureties or pawne and commit him not to safe keeping It shall bee said an escape against the Sheriffe And then the Plaintiffe may at his election choose whether hee will call for the Returne of the VVrit or sue the Sheriffe for the Escape and recouer his Debt and Charges against him O therwise hee may haue his Capias and Exigent and vpon Returne thereof vtlaw the Defendant vpon the Iudgment After this kinde of Vtlary the Defendant shall neuer haue his pardon except he first agree with the Plaintiffe and satisfie him Also the Plaintiffe may at his election haue a VVrit of Elegit in this case to extend vpon halfe the Lands and goods of the Defendant except Cattle and Oxen for his plough c. But it behooueth the Plaintiffe to take good heede how he sueth forth the said VVrit of Eligit For if it be once entered you shall neuer haue any other Execution Also after a iudgment the Plaintiffe may haue an Execution of Fieri facias de bonis catallis and thereby leauey his whole summe that is giuen with the Costs or some part thereof according to the value of the goods of the Defendants which he can finde And if at the first he bee not satisfied of his whole summe hee may sue forth another Fieri fac and so one after another till he bee fully satisfied of his whole Debt Your Processe being in a VVrit of Rescous and Rauishment of a Ward as in Trespasse you shall hold like proceedings of Attach and Distresse and for want of Distresse three Capias and an Exigent The like in a Quare eiecit infra terminū Eiectione firme and this was giuen by a late statute And the like by the same Statute in a Writ of Annuitie and Couenant vppon an Indenture But in a Writ of Entry the like proceeding is not for the Processe is Grand Cape and Petit Cape The Grand Cape lieth when any of those VVrits are deliuered to the Sheriff to summō the Lands and if at the returne of the same the Defendant appeareth not but maketh default then the Prothonotaries Clerke is to giue a day to the tenant to come in or else a Grand Cape shal be awarded of the Land whereuppon he shall be in the courtesie of the Court whether they will grant him a Supersedeas for the discharge of the same or no. Otherwise hee is to wage his Law and depose that hee was not lawfully summoned which if he doe and it bee afterwards proued that hee was lawfully summoned then he is in danger of periury If the Tenant or Defendant doe not appeare vpon the Grand Cape then a Petit Cape is to goe forth and a day likewise to bee farther giuen and vppon default of appearance then the Lands in question are recouered and therevppon the Cape is directed to the Sheriffe to seize the Lands into the Kings hands vntill farther Proces c. Note that the Demandant is to take great care that there bee no Essoyne cast by the Tenants Attourney in this case for him the said Tenant to appeare For if hee haue before that time cast his Essyone then may he vpon day giuen call the Demandant non-suite and cause him to begin againe Therefore the Demandants Attourney in this case must especially inuigilate the Office of Essoynes and in Reall actions to get his VVrit fylled and to enter a Recipitur as in a VVrit of Dower Warrentia charta De droyte Surdisseisin haue the like proceeding because their Processe is also alike If you haue Iudgment in any action and suffer the Iudgment to continue without doing of any thing therein by the space of a yeare and a day you shall then be forced by reason of such delay before you may take out any execution thereuppon to sue out of the Court where your said iudgment is Recorded a writ of Scire facias and after the Returne thereof you are to giue a day to the Defendant to come into the Court and to shew cause why the Iudgment should not be awarded against him vpon his default wherevppon if good cause be not shewed the Iudgment is to bee allowed and execution may be taken forth In case where the Plaintiffe or Defendant happen to dye after Iudgment and before execution Then are the Executors or Administrators of the Plaintiffe to sue out a VVrit of Scire facias against the Defendant his Executors or Administrators which being returned then the Execution of Fieri facias at the first and in case where the Defendant is dead must bee awarded onely of the goods of the Testator or Defendant defunct and not of the goods of the Executor or Administrator This execution of Fieri facias being deliuered to the Sheriffe to bee executed if the Sheriffe shall finde that the Executor or Administrator did diuaste the goods of the Testator or Defendant defunct and shall thereupon returne a Divastauit Then shall a VVrit of Fieri facias be awarded de proprijs bonis Testatoris or Administratoris Or otherwise Execution may bee taken forth against the body of the Executor or Administrator at the choyce of him that sueth it out How to sue a matter of Errour IF you would sue a matter of Errour you must either make a perfect true Copy of the Originall or of the Exigent in that cause and carry it to the Cursitor of the Shiere where the Action lyeth thereby to make yovr VVrit of Errour VVhen you haue your Writ of Errour if it be before Iudgment you may deliuer it to the Clerke of the Treasurie wherevppon the Attourney for the Plaintiffe is to deliuer vnto you the number of the Roles where euery thing is entered And if it bee after Iudgment Then before you know the number of the Roles you must shew cause of Errour to the Court or else your Writ will not be allowed And in case that when the Writ bee alowed the Plaintiffes Attourney must deliuer the number of the Roles o the Clerke of the Treasury who will deliuer the VVrit ouer with the Record And then if the Defendants Attourney doe not get his Record to bee certified the same Terme the Plaintiffes Attourney may procure a day to bee giuen in
Executor nor standeth in the like case nor hath the like interest or the like cause of complaint as before in the Former suite And no other cause is to be allowed If the Complaynant exhibit his Bill of complaint for Title of any Lands not of the yearely value of Forty shillings And the same be proued by Affidiuit or deposed the defendant shall be dismissed Also if the defendant demurre to any Bâ—…ll exhibited against him or disclayme The Complainant cannot reply For if the defendant be called vp by sub paena ad Reiungendum hauing before made no other answere but a Demurrer or a Disclaymer hee shall haue costs for vniust vexation But after the Defendant hath answered the complaynant hath liberty all that Terme to Reply at pleasure And if hee Reply not that Terme The Defendants attoturney may giue to the complaynants Attourney a seuen-nights day in the time of the next Tearme following to Reply which day beeing past and no Replication brought in On the day then next after it the Defendant may haue costs as in case of a Bill to bee recouered But if the complaynants Replication be put into the Court the defendant can haue no costs allowed vnto him But then the defendant may if he will Reioyne gratis to the Replication and enforce the complaynant to go to commission Or else he may haue commission to examine Witnesses on his owne part against the complaynant and shall haue the carriage thereof This commission shall bee directed to Foure such persons as the defendant shall name Or to any three or two of them without any warning to be giuen to the complaynant But if in this case the complaynant will hee may ioyn in commission and haue the carriage of it himselfe And then he must name two indifferent Commissioners and the Defendant must name the like which being agreed vppon The Complaynant must giue to the Defendant foureteene dayes warning of the day and place when and where the sayd commission shall bee executed This warning must be giuen either by himselfe in person Or else left in writing at the house or place where the Defendant doeth most reside The complaynant in all cases of commission to examine Witnesses shall haue the first choyce of commissioners and carriage of the commission and for his releife He shall examine Witnesses in all these cases following viz FIrst vppon a Bill by him preferred to examine Witnesses in perpetuall memorie of the matter to commaund the defendant either by himselfe or by his Attourney to appeare immediately And within Fourteene dayes to shew cause why the Complaynant should not examine Witnesses in perpetuall memory And if the defendant do thereuppon appeare by himselfe or his Attourney and shew good cause to the contrary such as the court shall allow then the complaynant shall not examine any Witnesses in perpetuam rei memoriam or perpetuall memory But if hee do shew no sufficient cause nor ioyne in commission with the complaynant then the complaynants Attourney must preferre sixe commissioners names to the Lord Keeper or the court c. Foure of the which or Foure such other as the Lord Keeper or the court shall appoynt shall be set downe for commissioners and a commission for the complaynant shal be made forth and directed to the sayd Foure commissioners or any three or two of them to examine Witnesses according to certaine Articles heeretofore set downe in Chancerie which witnesses are neuer to be published during their liues vnlesse Oath be made That the complaynent hath some triall wherein he should giue them in Euidence That the Witnesses are not able to trauell to the place where the tryall should be Or the party Defendant will consent therevnto Neither can they be giuen in Euidence against any other but against the party which was called to shew cause why the said Witnesses should not be examined or some other clayming vnder him by some interest which accrewed vnto them after the Bill preferred by the complainant for the examination of Witnesses It is also vsed that either party after the Bill is exhibited and Answere made thereunto may examine Witnesses in court here before one of the Examiners But the complaynant can haue no commission to examine his Witnesses vnlesse and before the Defendant bee serued with a Sub poena ad Reiungendum Which Sub Poena must bee serued in such manner as is before mentioned And then vppon Afidauit made of the seruing thereof the complaynant if the Defendant appeare not that Terme shall haue a commission directed to foure such commissioners as himselfe shall name or to any three or two of them for the examination of witnesses on his part against the defendant without any warning to be giuen to the defendant Vppon the returne of the sayd Sub paena ad reiungendum the complaynant may giue to the defendant a new Reioyne viz. the same day seuen-night By which time if the defendant do not reioyne he shall lose the benefit thereof And when that day so giuen to reioyne is past the complaynant may giue two ordinarie dayes viz. two Returnes for the defendant to produce his witnesses and then a Peremptorie day Before which day past if the defendant doe come in hee may haue a Commission to examine witnesses of course without any motion but hee shall lose the benefit of Reioynder And the Complaynant if hee please to ioyne in the Commission shall haue the carriage of it giuing to the Defendant foureteene dayes warning of the day and place when and where the sayd Commission shall be executed In the ioyning of this Commission The Complainant must first name one Commissioner vnto whom the Defendant may giue generall exception The Defendant must name the second The Complaynant the third And the Defendant the fourth The Common exceptions which bee giuen to Commissioners are these viz. THat the Commissioner named is of Kindred or Allyed to the party for whom he is named That hee is a Master to the party That he is a Land-lord vnto him Or a Partner vnto him Or haue suite in Law with the aduerse party to him by and for whom hee is named Or is of Counsayle an Attourney or a Follower of the cause of the one party Or one to whom the party is indebted Or any other apparant cause of partiality or siding with eyther party And it is commonly vsed that eyther party may giue exception to one and they seldome giue exception to any more then one on eyther party If the Complainant make default and procure not the Commission to bee executed Then the Defendants Attourney may renue the sayd Commission to the former Commissioners and the Defendant shal haue the carriage thereof Giuing to the complainant foureteene dayes warning of the day and place when and where it shall bee executed And yet neuerthelesse the complaynants Attourney may if the complainant will renue the sayd commission also and giue the like warning also vnto the Defendant Vpon the
onely stayd vppon Petition for a small time till the matter may be moued in Court No Commissions for examination of Witnesses shall be discharged Nor any examinations or depositions of Witnesses shall be suppressed vpon Petition vnlesse it be first referred and Certificate bee made thereupon No Demurrer shall bee ouer-ruled vpon any Petition Iniunctions INiunctions for possession or for stay of Suites after verdict are to bee presented to the Lord Keeper or Lord Chancellor beeing together with the Orders whereupon they goe forth That his Lordship may take consideration of the Orders before hee signe them No Iniunction of any nature shall be granted reuiued dissolued or stayd vpon priuate Petition No Iniunction to stay suites at the Common Law shall bee granted vpon Prioritie of Suite onely Or vpon the Surmise of the Complainants Bill onely But vppon matter confessed in the Answere of the Defendant Or matter of Record Or writing plainely appearing Or when the Defendant is in Contempt for not answering Or when the dept desired to bee stayd appeareth to be old and hath slept long The creditor and the debtor haue bin dead some good time before the suite brought Where the Defendant appeares not but sits an Attachment Or when he doth appeare and departs without Answere and is vnder attachment for not answering Or where hee takes Oath that he cannot answere without sight of Euidences in the Countrey Or where after answere hee sues at Common Law by Attourney Or absents himselfe beyond Sea In all these cases an Iniunction may be granted for stay of suites at the Common Law vntil the partie answere or appeare in person in Court and the Court giue further order But neuerthelesse vppon answere put in if there bee no motion made the same Tearme or at the next generall seale after the Terme to continue the Iniunction in regard and vpon suggestion of the insufficiency of the Answere put in Or in regard of the matter confessed in the Answere then the Iniunction shall dye and dissolue without any speciall order In the case aforesaid where an Iniunction is to bee granted for stay of Suites at the Common Law If the like suites be in the Chancery either by Scire facias or by Priuiledge or English Bill Then the suite is to bee stayd by order of the Court as it is in other Courts by Iniunction Where an Iniunction hath bin obtained for staying of Suites at the Common Law and no prosecution is had by the space of three Termes afterwards The Iniunction is to fall of it selfe without farther motion Where a Bill comes in after an Arrest at the Common Law for a Debt No Iniunction shall bee granted without bringing the principall money into the Court except there appeare in the Defendants answere or by sight of Writings plaine matter tending to discharge the Debt in Equitie But if an Iniunction be awarded and disobeyed in that case Then no money shall bee brought in or deposited in regard of the contempt Iniunctions for Possession are not to be granted before a Decree but where the Possession hath continued by the space of three yeares past before the Bill exhibited and vpon the same Title and not vpon any title by leaue or determined In case where the Defendant sits all the proces of contempt cannot be found by the Sergeant at Armes or resists the Sergeant or makes rescues a Sequestration shall be granted of the Land in question and if the Defendant do not render himselfe within the yeare then an Iniunction shall be granted for the Possession Iniunctions against felling of Timber Or plowing vp of ancient Pastures or for the maintaining of Inclosures or the like shall bee granted according to the circumstances of the case but not in case where the Defendant vpon his answere claymeth a state of Inheritance except it be where he claimeth the Land in trust or vppon some other speciall ground Iniunctions shall bee inroled or the Transcripts thereof be fyled Order VVHere any Order shall bee made against the generall Rules of the Court There the Register shall plainely and expressely set down the particular reasons and grounds mouing the Court to vary from the generall rule No Order of the publike court is alterable vpon Petition vide in the Title Petition Register Order The Registers are to bee sworne If any Order shall be made and the court not informed of the last martiall Order formerly made No benefit shall bee taken by such Order as being granted by abuse and surreption And to that end the Register ought duly to mention the last former Order in the present Order No Order shall be explayned vpon any Petition but onely in Court as they are made and the Register is to set downe the Orders as they are pronounced by the court truely at his perill without troubling the Lord Keeper or Lord Chancellour by any priuate attending of him to explaine his meaning And if any explanation be desired It is to be done by publique motion where the other party may be heard No draught of any order shall be deliuered by the Register to either party without keeping of a copy by him to the end that if the Order be not entred Neuerthelesse the Court may be enformed what was formerly done and not be put to a new trouble and to the end also that knowledge of Orders be not kept back too long from either party but may presently appeare at the Office Where a cause hath beene debated vpon hearing of both parties And opinion hath been deliuered by the Court and neuerthelesse the cause referred to Treaty The Registers are not to omit the opinion of the Court in drawing of the Order of Reference except the Court doe specially declare That it is to be entred without any opinion eyther way In which case neuerthelesse the Registers are out of their short Notes to draw vp some more full remembrance of that which passed in Court to informe the Court if the cause come backe and cannot be agreed The Registers vppon deliuerie of the draught of any Order vnto the counsell of cyther party are not to respect the interlineations or alterations of the sayd counsell be the sayd counsell neuer so great further then as to put them in remembrance of that which was truely deliuered in Court and so to conceiue the Order vppon their Oath and duty without any other or farther respect The Registers are to be carefull in the penniâ—… and drawing vp of Decrees And especially in matters of difficulty and weight And therefore when they present the same to the Lord Keeper or Lord Chancellour They ought to giue him vnderstanding which are such Decrees of weight that they may bee read and reuiewed before his Lordship signe them Decrees THe Decrees granted at the Roles are to be presented before the Lord Keeper or Lord Chancellour for the time being with the Order whereupon they are drawne within two or three dayes after euery Terme NO Drecree shall be
reuersed altered or explained being once vnder the Great seale but vpon Bill of Reuiewe and no bill of Reuiewe shall be admitted except it be vpon error in Law appearing in the body of the Decree without farther examination of matters in Fact or he shal shew some new matter which hath risen in time after the Decree and not any new proofe which might haue bin vsed when the Decree was made Neuerthelesse vpon new proofe which is come to light since and after the Decree made could not possibly haue bin vsed at the time when the Decree passed a Bill of Reuiew may be granted by the speciall Licenee of the Court and not otherwise In case of mis-casting being a matter Demonstratiue a Decree may be explained and reconciled by an order without Bill of Reuiewe Where note that by the word Mis-casting is not intended any pretended Mis-casting or mis-valuing but onely errour in the Auditing or numbring No Bill of Reuiewe shall be admitted or any other new Bill to change matter decreed except the Decree bee first obtained and performed And if it bee for Land that the possession be yeelded If it be for money that the money be paid If it be for euidence that the euidence be brought in and so in other cases which stand vpon the strength of the Decree alone But if any act bee desired to be done which extinguisheth the parties right at the Common Law as making of Assurance or Release Acknowledging of satisfaction Cancelling of Records or Euidence and the like Those parts of the Decree are to bee spared vntill the Bill of Reuiewe bee determined But such sparing is to be warranted by publique Order made in Court No Decree shall be made vpon pretence of equitie against the expresse prouision of an Act of Parliament Neuerthelesse if the construction of such act of Parliament hath for a time gon one way in generall opinion and reputation and after by a latter iudgment hath beene controled Then Releife may be giuen vpon matter of equity for cases arising before the sayd Iudgment because the subiect was in no default Imprisonment for breach of a Decree is in nature of an Execution and therefore the custodie ought to bee straight and the party not to haue any liberty to go abroad but by speciall license of the Lord Keeper or Lord Chancellour being But no close imprisonment is to bee but by expresse order for willfull and extraordinary Contempts and disobedience as hath beene vsed In case of obstinate disobedience in the breach of a Decree an Iniunction is to be granted Sub poena of a summe and vppon Affedauit or other sufficient proofe of persisting in contempt Fines are to bee pronounced by the Lord Keeper or Lord Chancellour in open court and the same are to bee estrated downe into the Hannaper by speciall order In case of a Decree made for the possession of Land a Writ of Execution goeth forth and if that bee disobeyed Then Processe of Contempt according to the course of the Court is to goe forth against the person vnto the commission of Rebellion and then a Sergeant at Armes by speciall Warrant and in case the Sergeant at Armes cannot finde him Or he bee resisted Or if he vppon his commitment do persist in his disobedience an Iniunction is to be granted for the possession and in case that it also bee disobeyed Then a commission is to bee made to the Sheriffe to put his aduersary into possession Where the party is committed for breach of a Decree Hee is not to be enlarged vntill the Decree bee fully performed in all things which are to bee done presently But if there be other parts of the Decree to bee performed at dayes or times to come Then hee may bee enlarged by order of the Court entring into Recognizance with Sureties for the performance de futuro but not otherwise Where causes come to hearing in Court No Decree bindeth any person who was not serued with Proces ad audiendum Iudicium according to the course of the court Or did appeare gratis in the Court. No Decree bindeth any one that commeth in bona fide by Conveyance from the Defendant before the Bill exhibited And is made no party eyther by Bill or by Order But where hee comes in Pendente lite and while the Suite is in full prosecution and without any colour of allowance or priuity of the Court There regularly the decree bindeth But if there were any intermission of suite Or the court were made acquaynted with the conueyance The Court is to giue order vppon the speciall matter according to Iustice. VVhere a Decree is made for a Rent to bee payd out of Land Or a summe of money to bee leuied vppon the profits of Land There a Sequestration of the same Land beeing in the Defendants hands may bee granted vppon the Decree Where the Decree of the Prouinciall counsailes Or the Court of Requests or the like are by contumacy or other meanes interrupted There the Court of Chancery vppon a bill preferred for corroboration of the Decrees of that Iurisdiction shall giue remedy Where any cause comes to Hearing heere which hath beene formerly Decreed in any other of the Kings Courts of Iustice at Westminster Such Decree shall be first read and then this court shall proceede to heare the rest of the euidences on both sides Decrees vppon Suites brought after Iudgement shall containe no words to make voyde or weaken the Iudgement But shall onely correct the corrupt conscience of the Party And rule him to make Restitution of to performe other acts according to the equity of the cause Bill of Reuiewe DEcrees are not to bee reuersed altered or explayned beeing once vnder the Great Seale but vppon Bil of Reuiewe Bill of Reuiewe shall not bee admitted except the Decree bee first obeyed and performed No Bill of Reuiewe shall bee put in except the party that preferres it enter into Renognizance with Sureties for the satisfying of Costs and Damages for the delay if it bee â—…ound against him Reference Report NO Reference vppon a Demurrer or question touching the Iurisdiction of this Court shall bee made to the Maisters of the Chanceâ—…y But such Demurrer shall be heard and ruled in the Court or by the Lord Keeper or Lord Chancellor himselfe For the confirming or ratifying of any Report No Order shall bee made without day to bee giuen by the space of a Seuen-night at least to speake vnto it in Court No Reference shall bee made to any Maister of the Court or any other Commissioner or Commissioners to heare and determine where the cause is gone so farre as to examination of Witnesses Except it bee in especiall cases of Parties neere in blood or of extreame pouerty Or by consent And generally References of the state of the cause are to bee sparingly granted except it bee by consent of the parties No Report shall bee respected in Court which exceedeth the Warrant of the Order of
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
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
that in case it shall bee proued that hee absented himselfe in fauour of the aduerse party hee may bee fore-iudged his practice and receiue some other fitting and exemplary punishment in that behalfe FINIS Foelix quem nulla Cyconia pinsit T. P. A TABLE OF THE CONTENTS HANDLED IN THIS succeeding TRACTATE And first in the Chancerie HOw the Sub Poena of later times was thought fit to be granted without exhioiting of any Bill for the purpose fol. 1. The vse of the Sub Poena fol. 2. The manner of Returnes here fol. 2. What time the Complainant hath to put in his Bill fol. 2. How the Defendant may haue costs against the Complainant for not putting in his Bill in due time fol. 2. 3. How the Defendant may recouer the said costs against the Complainant fol. 3. How the Defendant may in the said case sue the Complainant to the Commission of Rebellion fol. 3. How the Complainant may haue costs against the Defendant for not appearing fol. 3. How the Complainant may recouer those costs against the Defendant fol. 3. 4. How the Oath must bee made for the seruing of a Sub Poena fol. 4. How the Complainant may make the Defendant to answere to his Bill the appearance being made fol. eod What course the Complainant may take against the Defendant for not answering within the time prefixed fol. 5. The causes whereby the Defendant may satisfie the Court of his delay in answering fol. eod How the Defendants Attourney may procure a Dedimus Potestatem to take his Clyents Answere in the Countrey fol. 5. 6. How the Attachment made against the Defendant for not answering must be entred fol. 6. What libertie the Defendant hath to answere where no day is giuen to him for that purpose fol. eodem How the Attachment is to bee had and entred of course against the Defendant for not answering fol. eodem How the Defendant is tyed to answere in case the Sub poena bee returnable so neere to the Termes end that day cannot bee giuen to answere fol. eod What libertie the Defendant hath to appeare where the Sub Poena is returnable on the last day of the Terme fol. 6. 7. How the Defendant is tyed to appeare and answer being serued on the last day of the Terme with a Sub Poena returnable immediate fol. eod How the Defendant in case where he hath benefit of delay or to answere by Dedimus is tyed to put in his answere fol. eod How the Defendant may by Dedimus potestatem Demurre in his Law and how it is to bee certified fol. 8. How and in what case the Defendant is denied the beuefit of Demurrer to the Bill 8. 9. How an Attachment lyes in case of Demurrer not allowable fol. 9. How to proceede vpon the said Attachment fol. eod How euery Defendant shall be in like paine vpon like fault fol. eod How the Husband shall suffer for the wiues non appearance fol. 9. How an Attachment in such case lyes against both fol. 10. How in case the Complainant doe dye his Executor or Administrator may reuiue the sute fol. eod How the Complainant shall bee enforced to reuiue his suite laid against the Husband and his Wife in case where the Husband dyeth with the Wiues priuiledge in that case for Answere fol. eod fol. 11. How the Feme sole answering alone loseth that priuiledge in case of after-marriage fol. eod How the Feme sole being Complainant is by after marriage enforced to reuiue her suit fo eod The priuiledge of the Wife and her power of election whether she will abide the Bill exhibited formerly by her husband her selfe or no her husband being sithence deceased fol. eod How of Ioynt parties after a Bill exhibited by them the one dying the Suruiuor may proceed against the Defendant fol. 12. How the Complainant vpon Bill of Reuiuor shall be in case as when the cause of Reuiuor accrewed except good cause bee showne to the contrary fol. eod The Bill exhibited for Land vnder 40. s. value per annum is to be dismissed fol. eod Vpon Demurrer or Disclaimer no Replication doth lye fol. eod The danger thereof fol. 12. 13. What libertie the Complainant hath to Reply after the answere is put in fol. 13. What time is limited to him to reply fol. eod How the Defendant may Reioyne enforce the Complainant to ioyne in Commission or otherwise examine witnesses ex parte alone fol. eod How that Cōmission shall be directed fol. eod How the Complainant may ioyne in Commission fol. eod How Commissioners must bee named when both parties doe ioyne fol. 14. What warning must bee giuen for speeding of the Commission and how it must bee giuen fol eod The priuiledge of the Complainant in naming of Commissioners and carrying of the Commission fol. eod In what cases hee may examine Witnesses fol. eod What warning the Defendant is to haue in case where hee will examine in perpetuam rei memoriam fol. eod How the Defendant vpon good cause may stay his examination in perpetuall memory fol. 14. 15. The manner how the Complainant may proceed to examination no cause being showne to the contrary fol. 15. How those Examinations are to bee published fol. eod How those Examinations may bee giuen in Euidence fol. 15. How either partie may examine Witnesses in the Court fol. 16. When the Complainant is ready and able to haue a Cōmission to examine Witnesses fol. eod How the Complainant may proceed to Commission ex parte the Sub Foena to Reioyne beeing serued fol. eod What day the Complainant may giue to the Defendant to Reioyne fol. eod The Defendants danger in not Reioyning accordingly fol. eod How the Complainant may limit the Defendants time to produce his Witnesses fol. eod The benefit of the Defendant by comming in before the last peremptorie day giuen And his preiudice for not comming in sooner before the former dayes giuen were past fol. 16 17. How in Ioynt-Commission either party is to name his Commissioners with the order thereof and the manner of exception therein vsed fol. 17. The common exceptions vsed to bee giuen to Commissioners fol. eod How the Defendant may renue and carry the Commission the Complainant failing to execute the same fol. 18. How the Complainant may renue it also fol. 18. How either party may after either Commission returned giue day for Publication fol. eod What day is to be so giuen and how publication is granted after it is past fol. eod How no Witnesses are to bee examined after publication but by speciall order for speciall cause And with what prouision and limitation it is vsed to be granted fol. 18. 19. How Depositions taken by such speciall order are publisht fol. 19. How the Defendant being arrested in comming to make his appearance here vpon Sub poena may be released by the Court. fol. eod The difference of the case where the Complainant is so arrested fol. eod
and the returne of a Cap. Alias Cap. and Plur. Cap. fol. eod And what space betweene the Teste and Returne of an Exigent fol. eod How the Proclamation and Exigent must agree in Teste and Returne fol. 98. What time an Exigent hath to be returned in the Countrey and what in the Citie fol. eod When the Defendant not appearing may be returned vtlawed fol. 98. How and when your Plur. Cap. must be fyled fol. eod When and how the Plaintiffe must make your Warrant of Attourney fol. eod Where it must be deliuered fol. eod When the Defendant is to put in his Warrant of Attourney fol. eod How vpon any the Capias's returned Cepi by the Sheriffe farther Processe shall bee stayd fol. eod What course the Plaintiffe shall take to compell the Sheriffe to bring in the Defendant where hee appeares not Cepi Corpus being returned fol. 99. How to proceed against the Sheriffe in case he be out of his Office before you can get him to bring in the Prisoner fol. eod How to continue the Apposen fol. eod What time betweene Teste and returne of Common Processe fol. eod How Processe may bee continued by the Plaintiffes Attourney diuers Termes fol. eod To what County the Proclamation must bee directed And when it must bee returned fol. 100. In what case there needs no returne of the Proclamation fol. eod How after the Defendants appearance a Iudgement may be had against him for not taking a Copie of the Declaration and making answere fol. eod How the Defendant may call the Plaintiffe Non-suit for not declaring in time fol. eod Where and how a Supersedeas vpon Maineprise must be sued out fol. eod What course the Plaintiffe may take against the Sheriffe for returning too small Issues vpon Distresse fol. 101. What shift the Plaintiffe hath if hee bee not ready to reply fol. eod How the Defendant may plead a new or stand to his old Plea at the day of Imparlance fol. eod How the Defendant may then bee condemned in the cause for not auowing his former Plea or giuing of a new one fol. 101. What care the Plaintiffe must haue to see the Issue be rightly entred And his Warrant put in then at the vtmost fol. eod When it is best for the Plaintiffe to put in his Warrant fol. eod How the proceeding may bee erroneous for want of a Warrant And the Plaintiffes Attourney bee fined grieuously for the same fol. 102. When the Plaintiffe may sue forth Venire facias And how long hee may continue his issue without suing it out fol. eod How by the Plaintiffes delay the Defendant may summon and sue forth Venire facias fol. eod How you may enter the first Venire facias returned And when the Nisi prius and Habeas Corpora are to be awarded fol. eod How to proceed to Execution after Tryall and Verdict fol. eod How to proceed when the Sheriffe returnes the Venire facias sued or serued fol. eod How in case the Iury fill not at the Assizes the Plaintiffe may get it to be filled vp fol. 103. How to get the Iury to bee filled at the Common pleas Barre in case they fill not there fol. eod The order of crauing of Tales at the Barre with the taking out entry of the same fol. eod What you are to doe in case the Sheriffe doe returne Tardè vpon any your Tales fol. eod When and how the Defendant may alter or mend his Plea heere after Replication fol. eod The difference betweene this Court and the Kings Bench in Entring of their Pleas. fol. 103. 104. What is to bee done where the Defendant is returned sufficient in an Action of Trespasse fol. eod What is to bee done where hee is returned Nihil fol. 104. What in case he is returned vtlawed fol. eod How you must sue any of the Nobilitie who are of the Parliament House and how to proceed against them fol. eod How the Plaintiffe may haue his remedy and satisfaction of the Sheriffe in case where hee arrest and deteines not the Defendant vpon Capias ad satisfaciendum fol. eod How he may choose whether hee will take such course against the Sheriffe for an escape or proceed against the Defendant to Vtlary after Iudgement fol. 104 105. How this kinde of Vtlary is pardonable and how not fol. 105. How vpon a iudgement the Plaintiffe may 〈◊〉 Wâ—…t to extend halfe the Lands Goods of the Defendant with exception of some certaine things c. And what heed you must take how you aduenture to sue forth that Writ fol. eod How after Iudgement the Plaintiffe may by Writ leuy it vpon all the goods of the Defendant which he can finde fol. eod How the Plaintiffe may sue out as many Writs of Fieri facias as hee will till hee bee satisfied fol. 105. How to proceed in Writ of Rescous and Ranishment of Ward fol. eod How in a Quare eiecit infra terminum and Eiectione firme fol. eod How in Writ of Annuitie and Couenant vpon an Indenture fol. 106. The proceeding vpon a Writ of Entry fol. eod Where and when the Grand Cape lyeth The manner of proâ—…uring and proceeding vpon it with the meanes â—…o auoide it fol. eod When the Petit Cape may goe forth with the proceeding therevpon to the recouerie of the Land in question and the seizure thereof fol. eod The care to be had to see that no Essoyne bee in the meane time cast for the Tenants appearance with the danger thereof to the Demandant fol. 106. 107. What the Demandant must doe to auoid such euils in all Reall Actions fol. eod What proceeding is vpon Warrantia charta Dedroite and Surdisseisin fol. 107. How you must set your Iudgement on foote againe in case you let it sleepe aboue a yeere and a day without doing of any thing vpon it fol. eod What course is to be taken that the Plaintiffe his Executors c. may proceed to execution against the Defendant his Executors c. in case where either of them dyeth after Iudgement and before Execution fol. eod 108. Vpon whose goods the Execution must bee first awarded the Defendant being dead fol. 108. How in case of Diuastauit returned vpon your Fieri facias you may get it to be awarded vpon the goods of the Executor c. or Arrest his body for your Debt fol. eod How to sue a matter of errour fol. eod The difference of proceeding in a matter of Errour before Iudgement and matter of Errour after Iudgement fol. 109. The preiudice of the Defendant in case hee doe not get his Record to be certified in time fol. eod The danger of losing one Writ of Errour fol. eod When the Errours are to be assigned fol. eod The course whereby you shall bee compelled to assigne Errours fol. eod The danger in not assigning of Errours in due time fol. 110. How to Reuerse Vtlary vpon meane Processe by Writ of Errour fol. eod What be the particular Errours