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A61922 Regestum practicale, or, The practical register consisting of rules, orders, and observations concerning the common-laws, and the practice thereof : but more particularly applicable to the proceedings in the upper-bench, as well in matters criminal as civil ... / by William Style. Style, William, 1603-1679. 1657 (1657) Wing S6102; ESTC R33821 216,034 394

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omittas Page 219 Negative preignans Page 220 O OAth Page 220 Obligation ibid. Orders Page 223 Outlawry Page 224 Office and Officer Page 225 Oyer of a Deed c. ibid. P PLaint Page 226 Priviledge ibid. Prohibition Page 227 Pleas and Pleading Page 232 Pardon Page 247 Penalty ibid. Perjury Page 248 Process ibid. Provisoe Page 251 Pledges Page 252 Pardon ibid. Presumption Page 253 Ports Page 255 Property Page 256 Partision Page 258 Payment ibid. Procedendo Page 259 Practice Page 260 Peace and Justice of Peace ibid. Priviledge Page 262 Party and Privy Page 265 Purchase ibid. Prescription Page 265 Parish Page 266 Presentation Page 267 Principal and accessory ibid. Proof ibid. Plaint Page 268 Poor Page 269 Presentment ibid. Parliament Page 269 Presidents Page 270 Prison and Prisoner ibid. Possession Page 271 Peremptory ibid. Proclamation Page 272 Q Quashing of Endictments Orders c. Page 272 Quo Warranto Page 273 Quaere Page 274 R REturn of Writs c. Page 274 Record Page 278 Relief Page 283 Rescous ibid. Request ibid. Repeal Page 284 Reversal Page 285 Restitution and Rerestitution Page 287 Rule Page 289 Rejoynder Page 291 Remainder ibid. Revocation Page 292 Ryot ibid. Recognizance Page 293 Rolle ibid. Replevin ibid. Replication Page 294 Reservation ibid. Recovery ibid. Release Page 295. Recital and misrecital Page 296 Report ibid. Reversion ibid. Reference ibid. Right and common Right Page 297 S SCire facias Page 297 Statute Page 300 Satisfaction Page 302 Sheriff and Vunder-Sheriff Page 304 Suggestion or Surmise Page 305 Surrender ibid. Supersedeas Page 306 Surprisal Page 307 Setlement Page 308 Sessions vid. Cessions T TRyal Page 308 Traverse Page 318 Title Page 319 Tenement Page 320. Tipstaff ibid. Time Page 321 Treason ibid. Trespass Page 322 Tales Page 324 Terms Page 325 Toft and Croft ibid. Trover and conversion Page 326 Trust Page 326 Tenure Page 327 Tender ibid. Tythes ibid. V VEnue and venire Facias Page 328 Verdict Page 334 Valuation ibid. Vse Page 340 Vsury Page 341 Voide and voidable ibid. Vill. Page 342 Variance ibid. View ibid. W WArden of a Church or Church-Warden Page 342 Wast Page 343 Withernam ibid. Warranty Page 344 Writ ibid. Writ of Enquiry of Dammages Page 347 Way Page 348 Wager of Law ibid. Words Page 350 Witness Page 353 Will. Page 357 Errata In the Preface Page 5. line 27. for raised read Byased PAge 29. line 25. dele agreement p. 49. l. 8 read breach p. 50. l. 26. r. whereof p. 51. l. 19. r. are to be delivered to the Judes p. 62. l. 9. r. and in what p. 64. l. 25. r. for p 68. l. 7. r. if it p. 78. l. 17. r. him p. 81. l. 7. r. such p. 92. l. 11. r. wise p. 93. l. 4. r. forme l. 23. r. enact p. 103. l. 33. r. let p. 106. l. 4. r. an p. 106. l. 32. r. they p. 123. l. 28. r. Laws l. 33. r. contemptoranea p. 127. l. 16. r. in a. p. 141. l. 23. dele a. p. 145. l. 3. r. that there was such an enrollment p. 147. l 6. r. to the use p. 150. l. 9 dele doth p. 152. l. 18. r. the. p. 156. l. 27. r. behaviour p. 163. l. 5. dele 23. p. 173. l. 3 a. r. be p. 178. l. 26. r. 24. Car p. 192. l. 22. r. Q. Whether if an issue l. 24. for r p. 207. l. 15. r. and are presumed p. 209. l. 23. r. into the Office p. 125. r. this p. 211. l. ult r. cases p. 240. l ult r. the. p. 241. l. 1. r. the. p. 242. l. 3. dele if p. 243. l. 13. r. chief p. 248. l. 25. r. although l. 29. r. go to a tryal p. 253. l. 17. r. the. p. 258. l. 7. former p 260 l. 6. r. whither p. 275. l. 1. r. writ l. 2. r. of a. l. 6. r. them p. 276. l. 22. r. onely his p. 290. l 23. r. not p. 303. l. 21. dele the. p. 304. l. 22. r. the. p. 307. r. him p. 311. l. 3. r. a good p. 315. l. 8. r. of p. 319. l. 19. r. King p. 331. l. 12. r must p. 342. l. 8. r. a confined l. 26. r. between p. 339. l. 11. r. if it be Reader these Books following are Printed for Charles Adams and are to be sold at his shop at the Talbot in Fleet-street A Treatise of Religion and Learning and of Religious and Learned men in Alphabetical order a Work seasonable for these times wherein Religion and Learning have so many enemies By Edward Leigh Esq Master of Arts of Magdalen Hall in Oxford In Folio A Philological Commentary or an illustration of the most obvious and useful words in the Law by the aforesaid Author Edward Leigh Esq 8o. Reports of that Learned and Judicious Clerk John Gouldesborough Esq sometimes one of the Protonotaries of the Court of the Common Pleas being his Collection of Chocie Cases taken in the latter years of Queen Elizabeth with the Judges Resolutions thereupon Published by William Style of the Inner Temple Esq in 4o. The French Cook prescribing the way of making ready all sorts of Meats Fish and Flesh with their proper Sauces Together with a Treatise of Conserves and the whole skill of Pastry-Work Englished by J. D. Gent. In 12o. The Innocent Lord or the Divine Providence being the Incomparable History of Joseph Englished by Sr William Lower In 8o. Grati Falicii Cynegeticon or a Poem of Hunting by Gratius the Faliscian Englished and Illustrated by Christopher Wase Gent In 12o. Moral discourses and Essays upon several select subjects by Thomas Culpeper Esq 12o. A Learned discourse of Ceremonies by the Right Reverend Father in God Lancelot Andrews late Bishop of Winchester In 12o. An Answer to two Letters the one of a Papist the other of a Presbyterian by Tho. Swadling Dr. in Divinity In 4o. New Errors made palpable by an Old Light or a cheap and easie way to cure the dissentions of the times by Anthony Norwood Esq In 12o. A short and plain Catechism Instructing a Learner of Christian Religion what he is to believe and what to practice The Practical Register being Rules Orders and Observations concerning the general practice of the Law but more especially the way of practice in the Court of the Vpper-Bench by William Style of the Inner Temple Esq In large 8o. THE Practical Register Atturney EVery Atturney of the Upper Bench ought to attend in the Court at the second return of the Term by the Ancient Rules of the Court for the quicker dispatch of Justice to be done to the people and for that reason if they did not they were to be put out of the Roll and it was then Ordered that the Ancient Rules of the Court for Regulating of the Atturnies in their practice should be renewed and set up in the Kings Bench Office Hill 21. Car. Banc. Reg. One may not repeal a Warrant of Atturney given to an Atturney to appear for him to the intent
Regestum Practicale Or the Practical REGISTER Consisting of RULES ORDERS AND OBSERVATIONS Concerning the common-COMMON-LAWS and the Practice thereof But more particularly applicable to the Proceedings in the UPPER-BENCH As well in matters Criminal as Civil Taken for the most part during the time that the late Lord Chief Justice ROLLE Did sit and give the Rule there By WILLIAM STYLE of the Inner-Temple Esq Alphabetically digested under several Titles With a TABLE directing to the ready finding out of these Titles Semper ego Auditor tantum Nunquam ne reponam Juvenal 1. Sat. London Printed by A. M. for Charles Adams at the Talbot neer Saint Dunstans Church in Fleet-Street 1657. To the Honorable JOHN PARKER One of the Barons of his Highness the Lord PROTECTORS Court of Exchequer William Style wisheth the confluence of all Temporal Prosperity here and Eternal Felicity hereafter SIR VErbum Sapienti sat est is a saying as equally True as Ancient and therefore I need not here use many neither will I especially at this time wherein your Serious thoughts are I presume more then usually busied in matters of High and Publike concernment and ought not to be interrupted with Private and matters of slight moment In breif therefore I humbly present to your View and favourable acceptance this small Collection of some Remarkable things chiefly concerning the general Practice of the Common Laws but more particularly relating to the manner of proceeding used in the Court of the Upper-Bench observed and taken by mine own hand during my constant attendance at that Bar for some years last past I was the willinger to give way to this publication that I might make it more visibly appear that I am not ashamed of my profession but dare do something in order thereunto in this very Age wherein our Laws are so much undervalued and traduced by many the practicers thereof so much slighted and the very practice it self is sunk to so low an ebb And I am humbly bold to fix your name in the Front of it that I may in some measure revive the drooping spirits of many cast down with the sad consideration of the uncertain event of things by letting them see that there is not so great cause of doubts and fears as they timorously phancy since we are not yet destitute of grave Sages and Fathers of our Laws men of Wisdome and courage that are not onely themselves ready to appear in their just defence and maintenance but also to cherish give encouragement to the honest though weak endeavours of the meanest professors thereof Sir in having the happiness to be by birth your Countryman and almost of the same neighborhood I am thereby the better known to you and I receive no small content therein but more especially when I consider how much your Country and profession is honored in you and that you possess so high a place of Dignity in that very Court where a neer Ancestor of mine with modesty be it spoken did for many years sit and dyed a Baron These things with my recollected thoughts of those many Civilities I have formerly received from you do induce me to hope you will gently pass by the many defects you may perchance herein meet withal and which may justly render the Worke unworthy of your approbation or protection and with such favor to entertain it that I may be thereby hereafter emboldened to present you with some other of my labors that may prove more worthy of you and may more fully answer the expectation and desires of many Inner Temple Oct. the 20. 1656. THE PREFACE TO THE READERS To whom it doth or may any wayes concern MAny and frequent have been the clamors of some infatuated Spirits of this distempered Age who like the Divel that Arch enemy to all good Government and Order labor to bring all things into confusion yea if possible into the Original Chaos against the Common Laws of this Nation and the practice thereof I must confess their pretences though they are as false as malicious do yet seem specious and fair in appearance and are too apt to take with the vulgar and ignorant and no wonder for they Athenian-like pleased with novelties and constant to nothing but inconstancy are ever thirsting after change and alteration though to the worse as children long to vary their Sports and shift their Toyes and Baubles It is true that all Creatures man onely excepted do observe the Rules of Nature prescribed unto them in a constant and setled way but he by his fall did loose that perfection and hath thereby not onely subjected the Creature but himself to vanity and vexation of Spirit this is not onely true of man in his puris naturalibus but even of those whose Souls are hightened above the common pitch by civil education and good literature yea even of Gods dear children who have those extraordinary Characters of his strength and goodness fixed upon them and see things with a clearer light then meer Nature improved to the utmost can afford So truely may that Ancient and common saying be applyed to all Mens humana novitatis avida That therefore many things are oftentimes disliked and inveighed against even by well-meaning and otherwise discreete men is no found conclusion that they are naught and fit either to be abolished or reformed but that mens minds are unsettled and restless and not long to be satisfied with any thing be it in it self never so excellent and desirable This truth is abundantly manifested by Solomon the wifest and greatest of men of his Age if not of any since in his book called the Preacher ● 1. and 2. These things considered though in my Judgement who have for this six and thirty years last past and upwards been a Student of the Common Laws and for a great part of that time carefully observed the general practice thereof yea I believe also of many more far more ancient in time and of far deeper judgments and more eminent in parts then my self there is not to be found either in the Laws themselves or in the practice thereof any such considerable inconveniences or of such dangerous consequence as hath been and yet is by some pretended I do not think it strange to have heard so loud cryes and calumnies of late falsly voiced and printed against them Endeavors and expedients have been prudently studyed and warily put in practice by the Grave and Learned Judges and Sages of this Nation to give satisfaction unto and to prevent greater mischiefs if possible which might arise from the unsetledness of this Nulli-legian brood by ordering and regulating as much as might be without impairing the excellencies of the Laws themselves and the due and ready administration of equal Justice those things against which they conceived there was or could be any colour or shadow of exception but how these men have been satisfied therewith or whether the people have received hereby that general benefit as was supposed I