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peace_n county_n justice_n session_n 5,221 5 10.3826 5 true
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A09900 The attourneys academy, or, The manner and forme of proceeding practically vpon any suite, plaint or action whatsoever, in any court of record whatsoever, within this kingdome : especially in the great courts at Westminster, to whose motion all other court of law or equitie ... are diurnally mooued : with the moderne and most vsuall fees of the officers and ministers of such courts / publisht by his Maiesties speciall priuiledge ... [by] Tho. Povvell. Powell, Thomas, 1572?-1635? 1623 (1623) STC 20163.5; ESTC S124370 102,508 306

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is a generall Rule that hee should be allowed according to the rate thereof in poundage See the Statute of Eliz.   l. s. d. For the Returning of a Mandaui balli●…o 0 0 4 But vnlesse I had beene thrice an Vnder-Sheriffe it were impossible for me to set downe all his Fees plainely and honestly Therefore I leaue the rest to offer themselues vnto you wishing it to be euer in meliorem partem and for your benefit and credit FEES BELONGING TO THE CLERKE of the PEACE and his Office now follow FIrst it is to be vnderstood that heretofore the Clerke of the Peace being onely Clerke vnder and vnto the Custos Rotulorum of the County was wont to haue wages yeerely of the said Custos for his seruice The Clerke of the Peace is to make out all the Writs of warning of all such persons as are to giue attendance at the Sessions of the Peace to be kept at such place as the Iustices doe appoint and agree vpon And at the place and time appointed for the Sessions The Clerke doth first reade the Commission of the Iustices And then the Sheriffe of the Shire doth returne foure and twenty of euery hundred in the County of which there is one Grand Iury for the body of the Shire drawne forth and this is called the great Enquest And when the great Enquest is sworne One of the Iustices giueth the charge vnto them wherevpon they shall enquire After the charge giuen and ended They doe depart from the Barre to some roome in some house neere thereabouts where they may bee conueniently together And to them then and there are brought all Bills of Felony Trepasse Ryots or other misdemeanours offences giuen them in charge to enquire of And if the great Enquest finde any of the said Bils or presentments to bee true And the parties themselues who are therein found faulty or guilty be absent so that they cannot be quitted or punished for the present Then in such case The Clerke of the Peace is to make forth against them three Capias's●… and an Exigent to come in to trauerse the presentment or to subiect themselues to the Censure and Doome of the Court c. When the great Enquest finde the Bill true they write on the Back-side thereof Billa vera But in case they can not finde it true for want of sufficient Euidence Then they write on the back-side thereof Ignoramus If it bee found then the Clerke is to make forth Processe as aforesaid but if the Iury finde it not then farther proceeding is not to be had therevpon If the partie so indicted be present if it bee in case of Felony c. hee may bee forthwith arraigned before the said Iustices who are to proceed vpon him farther as the Law in such case prouideth If he be not present nor Attached but at libertie till hee be vtlawed Then after such Vtlary euery Accessarie to the fellony may bee arraigned and tryed but not before For other offences of inferiour nature the partie indicted is to come in to make his Fine at the discretion of the Iustices or two of them at the least whereof one must bee of the Quorum vnlesse that before that time the partie can get the Indictment to be remooued by Certiorare into the Kings Bench. And if it bee so Remoued thither Then the party must either there trauerse it c●…m effectu or else compound with the Iustices of the said Court for the same   l. s. d. The Fees which euery person so indicted is to pay at the Sessions 0 2 6 Whereof to the Cryer and Marshall 0 0 6 And to the Clerke of the Peace 0 2 0 l. s. d. And in case where a forcibly Entry or forcible holding is found before the Iustices or some of them The Clerke of the Peace is to make a Writ of Restitution directed to the Sheriffe to put the partie amoued into the possession For which his Fee is 0 6 8   l. s. d. Item for euery Warrant of the Peace 0 2 0 Item for euery Superfedeas 0 2 0 Item for euery Warrant of good Abearing 0 2 0 Item of euery person indicted of Felony and thereof acquitted 0 2 0 Item for euery person acquitted vpon other Bils 0 2 0 Item vpon Remouing of euery Indictment by Certiorare into the Kings Bench For the allowance of the said Writ 0 6 8 Item for euery Writ at the suite of the partie vpon a Trauerse tendered 0 2 0 Some other few Fees there bee vpon matter within the compasse of the Commission of the Peace which time may enable me to adde But for the other Fees which the Clerke of the Peace doth take in ciuill matters as for Licences of Malstors Hyglers c. because hee is onely Clericus Clerici Rotulorum pacis I vnderst and not how he claimes those Fees in ciuill causes And for the Licence and Bond of Victualers giuen vpon Licence The Fees are vncertaine For in some Counties the whole charges stands the Victualler in 6. s. in some 7. s. and in some 8. s. Vijs modis per annum yeerely And the Victualler Licensed de nouo in some places payes more then the older Victualler Fee vncertaine Note withall neuerthelesse that the Victualler is the best Candle-rent Tenant that the Clerke of the Peace hath And therefore I dare trust them together for I know not where I can better leaue him The Clerke of the Assize holds the next place for taking of Fees viz. CLERKE OF THE ASSISES FEES viz.   l. s. d. INprimis pro Quaerela 0 2 0 Item pro pl●…in Barr. seu in Assiss 0 2 0 Item pro capiend Assiss super exit ex vtraque parte 0 2 0 Item pro intratione inde in Assiss 0 2 0 Item pro intratione Non pros pro Querente 0 2 0 Item pro quolibet bre secundum longitudinem eiusdem secundum longitud Item pro quolibet Adior in com Barre prout concordare potestis As ye can agree Item pro quolibet Adior ex vtraque parte si dies dat sit vtrique parti 0 2 0 Item pro quolibat Warrant Attornat 0 0 8 Item Quer. in qualibet Assiss de Seisin capt tertia pars ex tertia parte damnorum Ratabiliter       Feod de Record de Nisi prius 0 0 6 Item pro deliberatione eiusdem in Curia 0 5 0 Item de Quer. si Def. cognouerit actionem 0 2 0 Item de Def. si Quer. non vult prosequi 0 2 0 Item pro qualibet priuat Verdict 0 8 8 Vnde Iustic 0 6 8 Item de Def. pro indorss cuiuslibet Record Informac vbi plit 0 4 4 Item pro quolibet Warrant Attor 0 0 8 And thus farre my present Collations extend for the present touching our Clerks of the Assizes their Fees The Charge of prouing a Will followeth THE CHARGE OF PROOVING OF A WILL in the Arches the Inuentorie being forty pounds and
fol. 198. 199 200. CLERKE OF THE PEACE FEes belonging to the Clerke of the Peace with the businesse of his Office and the manner of proceeding at Sessions wherein in one place viz. pag. 205. in stead of Clericus Custodis Rotulorum pacis It is printed Clericus Clerici Rotulor c. fol. 201. 202. 203. 204. 205. CLERKE OF THE ASSIZE THe Clerke of the Assizes his Fees in his Office fol. 206. 207. THE ARCHES THe charge of prouing a Will the Inuentory being forty pounds and not aboue fol. 208. THE COVRT OF WARDS INstructions how you are to sue forth a Lunaticke 209. 210. 211. Here is who deliuers for which deliuers fol. 212. linea 6. Instructions how you are to passe a Ward fol. 212. 213. 215. The charges of obtaining and passing of a Ward fol. 215. 216. THE HIGHEST COVRT OF PARLIAMENT WHereupon all the Positiue Law of the Land doth consist fol. 218. Who keepes all the Acts of Parliament fol. 219. What are the Parliament businesses fol. eod The large power of Parliament and how binding it is fol. 220. Who bee called to the Parliament and by what reason or duty and how they be called fol. eod to the end What time of Summons they vse to haue fol. 220. How the Proctors of the Clergie bee elected and how many of them are called by Writ c. fol. 221. Reasons to proue that the Conuocation house is no member of the Parliament House fol. eod The Seruices of such as come hither by reason of Office fol. 222. The Allowances of the Knights Burgesses And Barons of the Cinque-Ports per Diem and how they may recouer it fol. 223. Who must pay the Fine of the fore-named persons fol. eod What Fines euery of them is to pay vpon their default in not appearing fol. 224. What course the King may take if all the Lords be absent according to opinion fol eod The Officers here and their places fol. eod How the Speaker is appointed fol. 224. What Proclamations are fol. 225. The power of Proclamations with the paine of him that doth breake the same fol. eod The Office of an Eschetor fol. 226. What may be found by vertue of Writ and what by Office of Eschetor as he is a Commission of himselfe fol eod THE DVCHY COVRT WHat pleadings the Duchy Court holdeth fol. 227. The Iudges heere fol. eod Who keepes the Rolles fol. eod Who keepes the Leases Grants and charge of the Duchy Lands fol. 227. 228. The Auditors and Surueyors of the Duchy Court fol. 228. The Authors Request touching the defeat of Clyents causes by their owne counsailes default fol. 229. 230. THE OATH WHICH AN ATTOVRNEY WAS ANciently wont to take vpon his Admission being now disused And in stead thereof the Oath of Allegeance is only ministred howsoeuer both would doe better YOv shall doe no Falshood nor cause any ●… bee done in the Court And if you ●…ow of any to be done you shall giue knowledge ●…hereof to my Lord chiefe Iustice or some of his brethren that it may be reformed you shall d●…y no man for Lucre or Malice Nor shall increase any Fees but be content with the old Fees accustomed You shall pleade no Forraigne Plea Nor sue any Forraigne Suite vnlawfully to the hurt of any man But you shall sue such onely as shall stand with the order of Lawe and a good Conscience You shall seale all such Proces as you shall sue out of this Court with the Seale thereof onely and see the Kings Maiestie and my Lord chiefe Iustice discharged for the same You shall not wittingly sue or procure to be sued any false Suite or giue aide or consent to the same on paine to be expulsed the Court for euer And further you shall beare your selfe honestly and vprightly in the Office of an Attourney of the Court according to your best Learning and Discretion and as good Conscience bindeth you So help you God c. NOVV I bring the Returnes themselues home in the Rere of my Booke as being the only Leaders of Attourneies proceedings and the Practice being past before they offer themselues in the last place beeing most markable and ready to euery hand as occasion may require The foure Termes with their Returnes Hillary Terme beginneth Ianuary 23. and endeth February 12. Returne Dayes or Essoyne Dayes Exception day Returna Breuium Appearance dayes Octabis Hill Ian. 23. Ianu 24. Ianu. 25. Ian. 26. Quind Hill Ianu. 27. Ianu. 28. Ianu. 29. Ian. 30. Crast. Purif Febru 3. Febru 4. Febru 5. Febru 6. Octab Purif Febr. 10 Febru 11. Febru 12. Febru 13. Easter Terme begins April 30. and endeth May 26. Quind Pasch Apr. 30. May 1. May 2. May 3. Trees Pasch. May 5. May 6 May 7 May 8. Mense Pasch. May 12 May 13 May 14. May 15. Quinq Pasch. May 19. May 20 May 21. May 2●… Craft Ascen May 23. May 24 May 25. May 26. Trinity Terme begins Iune 13. and endeth Iuly 2. Cra●… Trin. Iune 9. Iune 10. Iune 11. Iune 12. Octab. Trin. Iune 16. Iune 17. Iune 18. Iune 19. Quind Trin. Iune 23. Iune 24. Iune 25. Iune 26 Tres Trin. Iune 30. Iuly 1. Iuly 2. Iuly 3. Michalemas Terme begins October 9. and endeth Nouember 28. Octab. Mich. Octob. 6. Octob. 7. Octob. 8. Octob. 9. Quind Mich. Octo. 13. Octob. 13. Octob. 15. Octob. 16. Tres Mich. Octob. 2●… Octob. 21. Octob. 22 Octob. 23. Mense Mich. Octo. 27. Octob. 28. Octob. 29. Octob. 30 Crast. anim Nouem 3. Nouemb. 4. Nouemb. 5. Nouemb. 6. Crast. Mart. Nouem 12. Nouemb. 13. Nouemb. 14. Nouemb 15. Octab. Mart. Nou. 18. Nouem 19. Nouemb. 20. Nouemb. 2●… Quind Mart. Nou. 25. Nouem 26. Nouemb. 27. Nouemb. 28. The Law-Dayes in the Courts of Arches Audience Prerogatiue Consistory Delegats Admiralty In Hillary Terme S. Hillary 13 Ianuary S. Wolston 19 Ianuary Conuersio S. Pauli 25 Ianuary S. Scholastic 10 February S. Valentine 14 February In Easter Terme Quind Pasch. 28 Aprill S. Gordian 10 May. Ascension day 22 May. In Trinitie Terme Corpus Christi 12 Iune S. Buttolph 17 Iune S. Iohn Baptist 24 Iune S. Paul 30 Iune In Michaelmas Terme S. Faith 6 October S. Edward 13 October All Soules 2 Nouember S. Martin 11 Nouember S. Edmund 20 Nouember And when and where their seuerall Courts are seuerally and respectiuely kept you shall reade in the common Almanacke at large FINIS Cum tonat ocyùs Ilex Sulphure discutitur sacro quam tuque Domusque T. P.