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
determined by forfeture surrender or other lawfull meanes And Bond must bee put in by the party who prayeth the possession of the penalty of tenne pound with condition that this Information aforesayd is true Item that all Iniunctions granted for the stay of Suites at the common Law shall haue this clause and conditon contained in them viz. That the same Suite desired to bee stayd is for and concerning the same matter depending in this Court and as we begunne at the common Law after the Bill exhibited into this Court and that Bond be put in as aforesayd Item That no speeiall Certiorare doe passe without Bond first giuen on the behalfe of the party who desireth the same with condition That the Bill exhibited containeth matter sufficient to beare a Certiorare And that hee shall proue the contents of his Bill to be true within fifeteene dayes after the returne of the Writ according to the Order and course of this Court And that vppon the granting of euery Procedendo the Bond aforesayd be remembred to the Lord Keeper Termino Trinitatis Anno Regni Eliz. Reg. Septimo IT is ordered that all Suites for no more then sixe acres of Land or lesse except the same bee worth forty shillings by the yeare And all Suites for matter vnder the value of tenne pounds shall be dismissed this Court for such cause onely proued And this Court shall not retaine any such But the party who bringeth the same hither shall pay costs to the defendant as this court shall award Termino Michaelis Anno Regno Eliz. Reg Septimo IT is Ordered that all Processe to heare Iudgment bee returnable sixe or seauen dayes before the day of Hearing and not aboue sauing in the beginning of the Terme when the time will not permit so long warning And the said Writs must bee endorsed on the backside with the very day appoynted for the hearing of Iudgment And soe much for that Terme By the generall custome and ancient vsage of this Court all Bills shall be retayneable here in case where the Equity of the cause requireth and beareth it And wherein the Common Law doth affoord no releife but rather pressure and rigiour After Publication once had the Complainant may procure a day of Hearing of course by such an one of the sixe Clerks as dealeth for him And he may at the end of the Terme when the Lord Keeper setteth downe the dayes of Hearings procure his hearing to bee set downe amongst those assigned for the next succeding Terme This was wont to bee the ancient course of procuring of Hearings howsoeuer it was lately dis-vsed And as I take it the same is now restored againe to the good contentment of all Suitors in this Court The Order of Proceeding against such as refuse to obay his Majesties Iniunctions proceeding and issuing out of the Court of Chancerie FOr the breach of an Iniunction there bee commonly three punishments viz One that the Contemptor shall not bee in all the principall cause till hee haue fulfilled the Iniunction in euery poynt Another that hee shall not bee committed to Ward in the meane time And there continue till he doe conforme himselfe and become obedient to the Iniunction The third that hee shall fine to the King for his Contempt as the Lord Keeper or Lord Chancellour for the time being shall please to award And the Lord Keeper or Lord Chancellour may depense heerein as they shall finde cause and reason Item If the Contemptor do not appeare vppon sight of the Iniunction or not obey the same but doth commit some Act in contempt or neglect thereof Then vpon an Affidauit made of the seruing of the sayd Iniunction There shall bee awarded an Attachment against the sayd Contemptor c. as in the case of Proces before mentioned and declared Item If the Contemptor doe appeare and hath not fulfilled and performed the Iniunction and yet at his comming doth offer to fulfill it alleaging that hee cannot do it here conueniently Then the Lord Keeper or Lord Chancellor vseth to appoint him a certaine day within which hee must doe it And so vppon Bond taken of him with Sureties who are to vndertake in case his owne security be not held sufficient that hee shall performe the Iniunction within the time giuen or at the day to render his body to prison there to remayne till he hath fulfilled the same Hee may be licensed to depart What I haue hitherto set downe is desumed and collected out of the ancient Forme of practice and Orders of this Court of Chancery I shall now deliuer the orders and practice of latter times most of which are agreeable with the former some are de nour ordayned and all are subiect to addition or alteration as the Court shall thinke fitting and done Salua Prerogatiua Curiae The Moderne Orders and Ordinances of Chancery follow Affedauits NO Affedauit shall be admitted or taken which shall tend to the proofe or disproofe of the Title or matter in question or touching the merits of the cause Neyther shall any such matter bee colourably inserted in any Affedauit to bee made touching the Seruing of Proces No Affedauit shall bee taken against Affedauit so farre as the Master of Chancerie can discerne or take knowledge c. If any such bee taken The latter shall not bee vsed or read in Court Contempts IN case of Contempts granted vppon force or ill words vsed vpon seruing of Proces Or other words of Scandall proued by Affedauit the party is forthwith to stand committed But for other Contempts against the Orders or Decrees of the Court First an Attachment goes foorth vpon Affedauit made Then the party is to be examined vppon Interrogatories and His examination is to bee referred And if vpon examination hee confesse matter of Contempt he is to bee committed If hee confesse it not The Aduerse party may examine VVitnesses to proue the Contempt And if the Contempt appeare vppon proofe the contemptor is to bee committed therefore But if the Aduerse party fayle to prooue the sayd Contempt Or fayle to put in his Interrogatories or other prosecution Then the partie charged with the Contempt is to bee discharged with good costs They that are in Contempt especially so farre as Proclamation of Rebellion are not to bee heard neyther in that suite nor in any other except the Court of speciall grace suspend the Contempt Imprisonment vppon Contempts for matters past may be discharged of grace after sufficient punishment Or it may be otherwise dispensed withall in such case But if the Imprisonment bee for performance of any order of the Court in force Then the Contemplator ought not to be discharged except hee first obey Only the Contempt may bee suspended for a time Petitions NO Iniunctions Sequestration Dismissions Retainer vppon Dismissions or Finall Orders shall bee granted vpon Petitions No former Order made in Court is to bee altered crossed or explayned vppon any Petition But such Orders may be
reference which leadeth it The Maisters of the Court are required that by Report they doe not certifie the estate of the cause as if they would make Breuiates of the Euidence on both sides which doth little ease the Court But that they doe it with some opinion Or otherwise in case they thinke it too doubtfull to giue opinion therein And thereuppon they are to make such speciall Certificate and the cause is to goe on to a Iudiciall hearing without respect had to the same If both parties consent to a Reference for the examination of Accompts to make the Cause more ready for hearing it may bee granted But generally matters of Accompt excepting in very weighty Causes are not fit for the Court but are to bee prepared by Reference with this prouision neuerthelesse That the Causes come first to a Hearing and vppon the entrance into a Hearing they may receiue some direction and bee turned ouer to bee considered and prepared The like course of Reference is to bee taken for the examination of Court Rolles vppon any Customes and the Copies shall not bee referred to any one Master but to two Masters at the least No Reference shall be made of the Insufficiency of any Answere without shewing of some particular points of the defects thereof And not vppon surmize of the Insufficiency generally Where a Trust is confessed by the Defendants answere there needeth no farther hearing of the cause but a Reference presently to be made of the Accompts and so they are to go on to the hearing of the accompts Dismission WHere causes are dismist vpon full Hearing and the Dismission signed by the Lord Keeper or Lord Chancelour such causes shall not be retained againe neither shall any new Bill be admitted except it be vppon new matter like vnto the case of the Bill of Reuiewe In case of all other Dismissions which are not vppon Hearing of the Cause If any new Bill bee brought the Dismission is to be pleaded and after Reference and Report of the Conents of both Suites and consideration taken of the cause or causes of the former Dismission The Court shall rule and order the Retyning or Dismission of the new Bill according to Iustice and the nature of the case All suites grounded vpon VVills Nuncupatiue Leases paroll Or vppon Long Leases that tend to the defeating of the Kings Tenures Or for the establishing of the Perpetuities Or granted vppon Remainder ouer vnto the Crowne to defeate purchasers Or for Brocage or Rewards to make mariages Or for bargaine at play oâ—… VVagers for bargaines for Offices contrary to the Statute of the Second of Edward the sixt Or vppon contracts for Vsuâ—…ie or Symony are Regularly to be dismissed vpon motion if they bee the whole matter of the Bill and there be no speciall circumstances to moue the Court to allow them a proceeding And all Suites vnder the value of ten pouuds are regularly to be dismissed Dismissions are properly to be payed and had either vppon hearing or vpon Plea vnto the Bill when the cause comes first into the Court. But Dismissions are not to bee prayed after the parties haue bin at charge of examination of witnesses except it be vpon speciall cause If the Complainant discontinue prosecution after all the Defendants haue answered aboue the space of one whole Terme the cause is to be dismissed of course without motion But after Replication is put in the cause is to bee dismissed without motion and order of the Court. For double vexation the cause may bee dismissed Where causes are remoued by speciall Certiorare vppon a Bill containing matter of equitie The Complaynant is vppon receipt of his writ to put in Bond to proue his suggestions within foureteene daies after the receipt which if he do not proue then vpon certificate from either of the Examiners presented to the Lord Keeper or Lord Chancellor the cause shal be dismist with costs and a Procedendo shall be granted Demurrer DEmurrers and Pleas which tend to the discharging of any Suite shall bee heard first vpon euery day of Orders that the Subiect may know whether he shall need to giue further attendance or no. A Demurrer is properly vpon matter defectiue contained in the Bill it selfe or forraigne matter But a Plea is of forraigne matter to discharge or stay the Suite as That the cause hath bin formerly dismist That the Complainant is vtlawed That the Complainant is excommunicate That there is another Bill depending for the same cause Or the like And such Plea may bee put in without Oath in case where the matter of Plea appeares vppon Record but if it bee any thing which doth not appeare vpon Record then the Plea must be put in vpon Oath No Vtlary shall be allowed without pleading the Record sub pede Sigilli Nor Plea of Excommunication without the Seale of the Ordinary Where any suite appeareth vppon the Bill to bee of the nature of any of those which are Regularly to be dismissed according to the Order before mentioned the said Order is to be set forth by way of Demurrer Answere WHere an Answere shall be certified to be insufficient The Defendant is to pay costs And if a second Answere be returned insufficient in the poynts before certified for insufficient then he shall pay double costs And vpon the third like case treble costs And vpon the fourth quadruple costs and then to be committed also till he shall haue made a perfect and sufficient answere and he shall be examined vpon Interrogatories touching the poynts defectiue in his answere But if any answere be certified to bee sufficient then the Complainant is to pay costs No insufficiencie of answere can bee taken hold of after Replication put in because it is admitted for sufficient by the Replication An answere to a matter charged as the Defendants owne fact must bee direct without saying that It is to his remembrance or as hee beleeueth If it bee layd downe to bee done within seauen yeares before And if the Defendant do deny the Fact Then he must trauerse it directly and not by way of Negatiue pregnant As if a fact be layd to be done with diuers circumstances The Defendant may not Trauâ—…rse it literally as it is layd in the Bill But he must Traueâ—…se the poynt of substance So as if hee bee charged with the receipt of an hundred pounds He must Trauerse that he hath not receiued an hundred pounds or any part thereof And if he haue receiued any part of it he must set downe what part hee hath receiued If a Hearing bee payed vpon Bill and answere The answere must bee admitted to bee true in all points And a Decree ought not to be made but vppon hearing of the answere read in Court Where no Counsaile appeares for the Defendant at the Hearing and the Processe appeares to haue beene serued the Answere of such Defendant is to be read in Court No new matter is to bee contayned in any Replication except it
shall bee presented euery Michaelmas Terme to the Lord Keeper or Lord Chancellour being In case of Suites vpon the Commission for Charitable vses to auoyd charge there shall neede no Bill but onely Exceptions vnto the Decree and Answere is to bee made forthwith thereunto and thereupon And then vppon sight and perusall of the Inquisition and the Decree brought vnto the Lord Keeper or Lord Chancelor by the Clerke of the Petty-Bagge His Lordship will giue order vnder his hand for an absolute Decree to be drawn vp Vpon suite for a Commission of Sewers the names of those that are desired to be Commissioners are to bee presented to the Lord Keeper or Lord Chancellour in writing And then his Lordshippe will send their names to some Priuie Counsellour or the Lieutenant of the Countie or some Iustice of Assize residing in those partes for which the Commission is prayed To consider of them That they be not put in for priuate ends And vppon the Returne of such opinion his Lordship will giue farther order for the commission to passe No new Commission for Sewers shal be granted while the first is in force except it bee vppon discouery of abuse or fault in the first Commissioners or otherwise vppon some great and weighty ground No Commission of Banquerupts shal be granted but vppon Petition made to the Lord Keeper or Lord Chancellour and the names of those that are desired for Commissioners shall bee presented therewithall Of which his Lordship will take consideration and alwayes ioyne some persons learned in the Law with the rest that shall be allowed yet so as care bee taken that the same persons allowed bee not too often vsed in such Commissions And likewise that Bond bee giuen with good Sureties of the penalty of two hundred pounds at least to prooue the partie against whom the Commission is sued foorth to bee a Banquerupt No Commission of Delegates in any case of weight shall be awarded but vppon Petition preferred to the Lord Keeper or Lord Chancellor who will name the Commissioners himselfe to the end that they may bee persons of fitting quality hauing regard to the weight of the Cause and the dignity of the Court from whence the Appeale is Any man shall be admitted to defend in forma pauperis vpon Oath But the Complaynants are ordinarily to be referred to the Court of Requests Or to the Prouinciall Counsailes if the case arise in their Iurisdictions Or to some Gentlemen in the Country except it be in some speciall cases of commiseration Or potency of the aduerse party Suites after iudgement must be brought according to his Maiesties Order beeing vppon Record Licences to collect for losses by Fire or by Water are not to be granted but vppon good Certificate And they are rarely to bee renued And they are euer to bee directed vnto the County where the losse did arise if it were by Fire and the Counties adjoyning vnto it as the case shall require And if it were by Sea Then vnto the County where the Port is from whence the Ship went and to some Counties adjoyning No Exemplification shall bee made of any Letters Patents inter alia with omission of the generall words Nor of Records made voyde or Cancelled Nor of the Decrees of this Court not Inrolled Nor of Depositions by parcells or fractions omitting the residue of the sayd Depositions Nor of Depositions in Court to which the hand of the Examiner is not subscribed Nor of Records of the Court not Inrolled nor fyled Nor of Records of any other Court before the same bee duely certified to this Court and orderly fyled heere Nor of any Record vppon sight and examination of any Coppy in Paper But vpon sight or examination of the Originall I will withall set downe the very words with which the Author concludes these last recited Orders because you may accordingly giue them extent dimension and valuation The Words are these viz. BEcause Time and Experience may discouer some of these Rules to be inconuenient And some other fit to be added hereunto Therefore his Lordship intendeth in euery such case from time to time to publish such Reuocations or Additions as they shall offer themselues Howsoeuer I take it there is not much alteration had in them it may bee there is some Addition But for the Roller side as vnto the making of Decrees and granting of Iniunctions which was heretofore exercised alike there as in Court or on the Lord Keepers side which I conceiue grew by the connexing of the Lord Keepers Office and Master of the Roles in the same person I cannot say how the case stands at this present hauing withdrawne my selfe now these seauen yeares past from any practice in the Lawes in any kind And because the Confirmation of Ordinances and by-Lawes made for the better gouernment of Societies Incorporate do for the most part passe through the hands of the Lord Keeper or Lord Chancellor for the time being according to the Statute of the nineteenth of K. Henry 7. Therefore and for that it is onely the path of a very few trauelliug in the Lawes I thinke good to write according to mine owne Practice therein as followeth IF a Corporation bee newly erected and is to haue also Ordinances de nouo made for the better gouernment of their Company or Body They must first make a perfect draught of them by aduice of Counsaile in a Paper-booke Your Counsaile would be both learned in the Lawes of the Land the Prerogatiue of the King the Subiects right and the Priuiledges Powers and Customes of the great body of the City or Towne corporate wherein you are sub incorporated as Brethren of a Trade Mystery or Occupation For any Ordinances made eyther against the Lawes of the Land or the Prerogatiue are not onely voyd in themselues but farther punishable in those who execute them notwithstanding any confirmation whatsoeuer And therefore commonly in all Patents and Charters of Incorporation there is a speciall clause of prouiso in this point and to this purpose And I doe heerein indigite at two manner of Ordinances vnder which the Commonalties of corporation do much grone and complaine their pressures The one is a presumption and intrusion vppon the Birth-right of a Free-borne Subiect viz the Imprisonment of their bodies for breach of an Ordinance of their company a thing most vnlawfull and vnreasonable and yet too frequently practized by too many of them For colour whereof I haue seene a Warrant Dormant lying in the Halls of some companies vnder which they subscribe the names of whom they list to commit and then deliuer him to an Officer who attends them at their Court for the purpose and so it is not pretended to bee their owne act but the will and commandement of a greater Magistrate Or an Intrusion vpon the Subiects Birth-right by denying him to seeke Law and Iustice before the King the Fountaine of Iustice in his Court at Westminster Or to set vp and
Writs of the Chancerie and of the Common Pleas The Originalls of which Court of Common Pleas I referre to the proper place where I shall haue more occasion to speake of them hereafter These Cursitors were incorporated by Queene Elizabeth by the name of the foure and twentie Cursitors amongst whom the businesse of the seuerall Shires is seuerally destributed and therefore you must in all cases where your suite is locall and tyed to the certaine County addresse your selfe to the proper Cursitor of the same If any Suite depend before any Sheriffe in his Tourne or County Court you may haue a Writ of Chancerie from the Cursitor of that County called a Recordare to remoue it If it lye in a Court Barron your Cursitor will call it away with an Accedas ad Curiam If it lye in a Towne corporate he will remoue it with a Certiorare returnable in Chancery as aforesayd which may bee made of course without any Bill exhibited And a Procedendo may be also made presently thereupon before the Returne of the sayd Certiorare and that of course likewise And also a second Certiorare and a second Procedendo thereuppon may bee made But the second Procedendo should bee vppon a Bill exhibited shewing good cause of equity why the Complaynant should be releiued And vppon Bond giuen by the complaynant or some other for him with condition that the complaynant shall prooue the contents of the sayd Bill the Court of Chancerie doth often grant a speciall Certiorare signed with the hand either of the Lord Keeper or of the Mayster of the Rolles for the time being And the condition of this last receited bond giues the Obligor onely the liberty of fourteene dayes to proue the contents of the Bill which fourteene dayes must commence from the date of the returne of the sayd Certiorare to be granted as aforesayd The Fees of proceeding in Chancery follow  l. s. d. SVb Poena Writ to answere 0 2 6 If there be three in the Sub poena you pay sixe pence the more tot 0 3 4 This Sub Poena may bee serued in any libertie whatsoeuer So cannot an Attachment    The charge of drawing your Bil in the next which your counsaile at Law must doe according to the Instruction which you shal giue him of the true estate of the cause His Fee is at the least 0 10 0 For the engrossing of your said bill foure pence a sheet at the least 0 0 4 a sheete The copy inde two pence a sheete at the least 0 0 2 a sheete The Attournyes Fee when you put it in which is for the whole Terme 0 3 4 The writing of the Oath made that the Sub poena was serued 0 0 6 The Oath 0 0 4 The Attachment where the defendant appeareth not 0 2 10 l. s. d. The breaking of it vp with the Sheriffe 0 2 0 The Returne of that Attachment 0 0 4 The Proclamation of Allegeance vppon the same 0 2 10 The breaking of it vp with the Sheriffe 0 2 0 The Returne of that Proclamation 0 0 4 The Commission of Rebellon 0 18 2 The Rule which the complaynant giues to the Defendant to make answere by a certaine day in case where the Defendant doth appeare 0 0 4 The Attachment The Proclamation Commission of Rebellion For not answering as in case for not Appearing as aforesaid    The Defendants Apparance 0 4 4 This is also his Attournies Fee for the whole Terme 0 Feod Attourn  The copy of the Bill at eight pence the sheete Eighâ—… pence the sheete    His counsailes Fee for drawing of his Answere according to his direction at the Least 0 10 0 l. s. d. For engrossing of this answere at foure pence the sheete at the least 0-foure pence a sheete    For Copy of this answere at two pence the sheet at the least 0 two pence a sheete    For the Oath made that this answere ia true 0 0 4 For euery Defendant 4. d. pro consimil quilibit Def-pro consimil 0 0 4 For the Commission to take the Answere in the country by Dedimus potestatem 0 7 10 Besides the engrossing of the bil which is concluded within it euery sheete inde 6. d.   The Sub poena for Costs giuen to the Defendant in case where the complanant doth not put in his bil within the time alowed 0 2 6 For a Bill of Costs and entery of it indo 0 1 4 The Attachment Proclamation and Commission of Rebellion as incase aforeaid    A Ioynt Commission to examine Witnesses in the Countery per peece 0 7 10 A commission ex parte to examine witnesses in the Countrey The partie beares both parts of the charge    l. s. d. For examination of the first Witnesse heere before Examiners 0 2 6 For euery Witnesse examined afterwards 0 â—… 6 For drawing of the Replication if it be done by Counsell as in case for the Bill as for the Bill    For the Reioynder 0 the like  If there be no new matter in the Replication or the Reioynder your Attourueies Clerke will draw them for you of course for some small matter as you can agree    For the Copies of the Depositions of any Witnesses returned by Commission euery sheete 0 0 8 For Copie of Depositions taken heere euery sheete 0 1 0 For a Motion in Court Counsailes Fee    For the drawing of the Order therevpon cum Cop. euery side 0 3 0 For entering of the Order euery side 6. d.   Fees of an Iniunction follow  l. s. d. INjunction in all Vijs modis 1 2 6 Fees of a Decree follow FOr a decree the drawing c. as in case of an order Sub Poena to Testifie 0 2 6 Sub Poena to Reioyne 0 2 6 Sub poena to Heare Iudgment 0 2 6 For getting the Hearing to be set downe 0 as you can agree with your Attourney For the Rules to publish the witnesses being foure per piece 0 4  For copy of Replication Reioynder Rebutter and Subrebutter as for copy of Bill or Answere as aforesayd for Bill and Answere Sub poena super ordinem to shew cause 0 7 2 Sub poena of Ducas tecum 0 7 2 Sub poena de executione ordinis 0 10 0 The charge of a Supplicauit in Chancerie  l. s. d. ITem the Oath 0 0 4 Item the Supplicauit it selfe 0 5 6 Item the warrant vpon it vic 0 2 0 Item For the Certiorare to certifie the Bond taken vppon it 0 2 6 Charge of a Supersedeas in Chancerie TO the Master of the Chancerie for taking of his Baile 0 2 0 For the Warrant 0 2 0 For the Writ 0 5 6 For the Allowance of it 0 2 0 These sayd Fees bee onely of the ease of a single person and for the peace onely Â
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
other Courts vpon hearing here fol. eod How farre Decrees after Iudgement here shall extend fol. eod How a Decree vnder Seale may be reuersed altered or explained fol. eod How a Bill of Reuiew shall bee admitted fol. eod What securitie the Court requires vpon putting in of a Bill of Reuiew for prouing of the same fol. 42. 43. Who shall haue the Consideration of a Demurrer or question touching the Iurisdiction of the Court. fol. 43. What time is to be giuen to speake against the confirming of a Report fol. eod When the cause is so farre proceeded that Reference to heare and determine may not bee made fol. eod What respect the Court giues to a Report exceeding the Warrant fol. eod What course the Masters of the Court are to obserue in making their Reports fol. 44. When and how Reference for examination of Accounts may be made fol. eod What course of Reference is to bee held for Examination of Court Rolles fol. eod How reference shall be made of the insufficiencie of an Answere fol. eod What course is to be taken where a Trust is confessed fol. 45. How causes dismissed vpon a full Hearing may be retained againe and how not fol. eod What course the Court holdeth for Retaining or Dismission of new Bils after Dismission of the old fol. eod What suites may regularly bee dismissed the Court vpon Motion fol. 45. 46. Of what value the suites must be which this Court holdeth fol. 46 When Dismissions are to be prayed and had fol. eod How the cause may be dismissed of course by the Complainants dis-continuance of prosecution after Answere fol. eod When the cause is proceeded so farre that it cannot bee dismissed without a Motion and Order fol. 46. What Reliefe for double Vexation fol. eod How in case where causes are remooued by Certiorare the partie is tyed to proue the suggestions of his Bill c. with the danger of fayling therein fol. eod 47. When Demurrers and Pleas shall bee heard fol. 47. Whereupon Demurrer may bee properly fol. eod Wherevpon a Plea lyes properly fol. eod The particular matters vpon which a Plea doth lye fol. eod Where the Plea may be put in without Oath and where not fol. eod How an Vtlary shall bee pleaded in Demurrer to a Bill fol. eod How an Excommunication shall be pleaded in Demurrer to a Bill fol. 47. 48. How the Order of Dismission of causes c. is to be recited in a Demurrer fol. 48. How the Defendant shall pay Costs how double Costs treble and quadruple for Insufficiencie of Answere fol. eod What farther penaltie the Defendant is to vndergoe vpon returning his Answere insufficient at the fourth time fol. eod How the Complainant may pay Costs for wrongfull accusing of the Defendant in the sufficiencie of his Answere fol. eod After Replication no Insufficiency of answer can be questioned fol. eod What Answere the Defendant must make touching his owne fact fol. eod How the Defendant must deny his fact by Trauerse directly fol. 49. How farre you allow the Answere to bee true where you pray Hearing vpon Bill and Answere fol. 49. How necessarie it is the Answere bee read at making of a Decree whether the Defendants counsaile doe appeare at Hearing or no. fol. eod How farre new matter is to bee admitted in a Replication fol. eod How many lines in a sheete euery Copy here shall containe fol. 50. How Commissions to examine Witnesses shall be vpon Interrogatories and how the Depositions thereupon shall bee receiued into this Court. fol. eod How the Defendant ioyning in Commission and fayling to produce his Witnesses shall lose the benefit of any other Commission afterwards fol. eod How vpon extraordinary cause showne the Defendant may afterward haue libertie to examine Witnesses in the Court fol. 50. 51. How and on what conditions the Defendant may be examined vpon Interrogatories fol. 51. How Decrees of other Courts may be read here fol. eod How farre Depositions taken in other Courts may be allowed to be read here fol. 51. How farre forth this Court granteth order for reading of forreigne Depositions fol. eod How farre examination may bee had of the credit of any Witnesse fol. eod Costs against the Complainant for vniust vexation fol. eod Punishment of parties and their Counsaile for immoderate length of Bill Answere Replication or Reioynder fol. 51. 52. How for Libellous or Slanderous matter in Bill Answere c. the parties and their Counsaile shall be punished and questioned and the â—…aid Bill Answere c. be supprest fol. 52. How farre Scire facias shall bee awarded vpon Recognizances fol. eod Within what time Recognizances ought to be enrolled fol. eod What speciall Writs may not passe vnlesse they bee signed vnder the hand of the Lord Keeper fol. 52. 53. What persons are to be priuiledged and how they are to be priuiledged here fol. 53. How farre an Execution serued vpon a priuiledged man of this Court may be held a Contempt to the Court and so punished fol. 53. How a Supplicauit for the good behauiour shall be granted fol. eod When a Recognizance of the peace or good behauiour may be fyled fol. 54. Vpon what grounds Writs of Ne exeat regna may be granted fol. eodem All Writs Processe c. returnable coram Rege in Cancellar to be fyled in the Chappell fol. eod What other proceedings heere are also to be enrolled fol. 55. Where dayes giuen to Sheriffes to returne their Writs shall be fyled fol. eod What course is to be held for enrolling of Recognizances taken to the Kings vse c. fol. eod What order of proceeding is to bein suites vpon the Commission for charitable vses fol. eod How Commissioners for the Sewers are to be enquired of and allowed accordingly fol. 56. In what case a new Commission for Sewers may bee granted the first beeing in forc fol. eod How Commission of Banquerupts shall bee granted what Commissioners are to bee allowed therein and what securitie is to bee giuen to proue the partie Bankquerupt fol. 56. How Commission of Delegates is to be awarded The consideration of the Commissioners therein to be had fol. 57. What course is to bee held for admission in forma pauperis here or sending such ouer to other Courts or speciall References fol. eod How suites after Iudgement must be brought in this Court fol. eod How Licenses to collect for losses by Fire or water must be granted here or renewed And how they are to be directed fol eod How Exemplifications shall be made of Letters Patents inter alia Records cancelled Decrees not enrolled Depositions by parcels Depositions vnattested Records not enrolled or Fyled nor forreigne Records vnfyled here Nor of Record vpon sight in Paper fol. 58. How farre you may giue the last recited Rules extent and valuation fol. 58. 59. How Ordinances are to bee made for the better gouernment of a body Incorporate and politique fol. 59. 60. How
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