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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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be to auoyde matter set forth in the Defendants Answere Other things Promiscuously layd together ALL Coppies in Chancery shall contayne fifteene Lines in euery Sheete thereof written orderly and vnwastefully vnto which shall bee subscribed the name of the principall Clerke of the Office where it is written or his Deputies name for whom hee will answere For which onely Subscription no Fee at all shall bee taken All Commissions for Examination of Witnesses shall bee super Interrogatorij inclusis or Interrogtaories inclosed onely And no returne of Depositions into this court shall bee receiued but such onely as shall be eyther comprised in one Roll subscribed with the names of the Commissioners or else in diuers Rolles whereof each one shall bee so subscribed If both parties agree in a commission And vppon warning giuen the Defendant bringeth his commissioners but produceth no Witnesse nor Ministreth Interrogatories but afterwards seekes a new commission the same shall not bee granted But neuerthelesse vppon some extraordinarie excuse made for the Defendants default hee may haue liberty granted vnto him by his especiall order to examine his Witnesses in court vpon the former Interrogatoris giuing to the complainant or his Attourney notice that he may examine also if hee will The Defendant is not to bee examined vppon Interrogatories except it bee in very speciall cases by expresse order of the court to sift out some fraud or practice pregnantly appearing to the Court Or otherwise vppon Offer of the complaynant to be concluded by the answere of the Defendant without any liberty farther to disprooue such answere or to impeach him afterwards of Perjury Decrees made in other courts may bee read vpon Hearing without any Warrant by speciall order But no Depositions taken in any other Court are to be read but by especiall order Regularly the Court granteth no Order for reading of for●…eigne Depositions except it bee betweene the same parties and vppon the same Title or cause of suite No examination is to be had of the credit of any Witnesse but by speciall order which is likewise sparingly to be granted Where it shall appeare the complaynant had not cause of suite he shall pay to the Defendant his vtmost costs to be assessed by the Court. If any Bill Answere Replication or Reioynder shall bee found of an immoderate length both the party who put it in And his Counsell vnder whose hand it past shall bee fined by the Court. If there be contayned in any Bill Answere or other Pleading or any Interrogatory any matter lybellous or slanderous against any person that is not party to the suite or against such as are parties to the suite vppon matter impertinent or in Derogation of the setled Authority of any of his Maiesties Courts Such Bills Answeres Pleadings or Interrogat●…ries shal be taken off the Fyle and supprest And the parties shall bee seuerely punished by commitment or Ignominy as ●…hall be thought fit for his abuse of the Court And the Coun●…aylors at Law who shall set their hands to the same Bills Answeres Pleadings or Interrogatories shall likewise receiue reproofe or punishment if cause bee No Scire facias sha●…l bee awarded vpon Recognizances not inrolled Nor vppon Ren●…gnizances inrolled vnlesse it bee vppon examination of the Record with the Writ No Recognizances shall bee enrolled after the yeare except it bee vppon speciall order of the Lord Keeper or Lord Chancellour beeing No Writ of Ne exeat regna Prohibition Consultation Statute of Northampton Certiorare speciall or Procedendo speciall or Certiorare or Procedendo generall more then once in the ●…ame cause Nor Habeas Corpus or Corpus cum causa De vi ●…aica amouenda or Restitution therevpon Or de Coronatore viridario elegendo De homine replegia●…do Assistas speciall De bellino amouendo Certiorares super praesentationibus factis coram Commissionar Sewars or ad quod damnum shall passe without warrant vnder the hand of the Lord Keeper or Lord Chancellour beeing signed by the one of them Excepting onely such writs o●… ad quod damnum as shall be signed by his Maiesties Attourney Generall Writs of Priuiledge would bee reduced to a good and fitting rule for number of persons priuiledged and the case of Priuiledge The number would be set downe by Schedule For the case It is to bee vnderstood That besides the persons priuiledged as Attendants vppon the Court Suitors and Witnesses are onely to haue priuiledge eundo redundo morando for their necessary attendance and not otherwise And that such VVrits of priueledge doe onely discharge an Arrest vppon the first Processe And yet where the partie is taken in execution at time of necessary attendance here required It is to be taken as a contempt to this Court and accordingly to be punished No Supplitauit for the Good behauiour shall be granted but vpon Articles grounded vpon Oa●…h at least or vpon a Certificate of any one Iustice of Assize or two Iustices of the Peace with Oath that it is their hands Or it may bee granted by order of the Starre-Chamber or Chancerie or other of the Kings Courts No Recognizance of the good behauiour and the Peace taken in the country and certified into the Petty-Bagge shall bee fyled within the yeere without speciall Warrant Writs of Ne exeat regna are properly to bee granted according to the suggestion of the Writ In respect of Attempts preiudicial to the King and State In which cases the Lord Keeper or Lord Chancellour will grant them vppon the prayer of any of the Principall Secretaries without cause shewing Or vppon such Information as his Lordship shall thinke to bee of weight But otherwise also they may bee granted according to the ancient practise vsed in case of Interlop●…rs in Trade Great Bankrupts in whose estate many Subiects are intressed or in other cases that concerne multitudes of the Kings subiects And also in case of Duels and some other cases All Writs certificates and whatsoeuer other Processe returnable Corum Rege in Cancellara shall be brought into the chappell of the Rolles within conuenient time after the Returne thereof And shall be there filed vpon their proper files and bundles as they ought to bee and as the practice hath bin heretofore except onely the depositions of the Witnesses which may remaine with any of the sixe clerkes by the space of one yeare next after the cause in court shall be either determined by Decree or otherwise dismist All Iniunctions with their Transcripts shall be likewise inroled as heretofore was vsed All dayes giuen by the court to Sheriffes to Returne their Writs Or to bring in their Prisoners vppon Writs of priueledge or otherwise be tweene party and party vnpriuiledged shall bee filed either in the Registers Office or in the Petty-Bagge respectiuely And all Recognizances taken to the Kings vse or vnto the courts shall be enroled in conuenient time with the clerke of the Inrolement And callenders shall be made of them and the sayd callenders
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
Defendant ioine with him in Commission Fees inde vt supra And if the Plaintiffe doe Reply before such time as the Defendant is examined vpon Interrogatories hee loseth the benefit of examining the Defendant in that kinde And if the Plaintiff do not reply the next day after the dayes expired which are giuen to him in warning to make his Replication The Defendant may in such case and vpon such default of the Plaintiffe moue to haue the cause dismissed for want of effectuall prosecution   l. s. d. Fee for the Entry of the Order 0 3 0 For the Rest vt supra for Demurrer When the Plaintiffe hath serued the Writ ad Reiungendum vpon the Defendant And Affedauit bee thereof made Hee may take forth his Commission to examine Witnesses This Commission is to be directed vnto such Commissioners as the Plaintiffe and Defendant shall agree vpon   l. s. d. Fee for the Affedauit made for the seruing of the Writ ad Reiungendum 0 2 4 The Warrant 0 3 10 The Writ Com. 0 7 2 If the Defendant doe refuse to ioyne with the Plaintiffe in the Cōmission Then the Plaintiffe may sue out the Commission himselfe alone on his party and direct it vnto foure Iustices of the Peace and execute it at his pleasure Otherwise the Plaintiffe may if he will examine his Witnesses here in Court When the Writ ad Reiungendum is serued vpon the Defendant he need not to enter any appearence therevpon but onely to Reioyne to the Replication Fee inde vt supra And if the Defendant doe ioyne with the Plaintiffe in Commission Then the Defendant is to pay the one halfe of the Fee of the Commission Fee inde 0 vt supra 0 If the Plaintiffe doe delay the suing forth of any Commission to examine Witnesses Then the Defendant vpon Oath made that hee was serued to reioyne may himselfe alone take forth a Commission to examine on his party Fee inde vt supra Or otherwise the Defendant for such delay of the Plaintiffe may the next Terme following moue to haue the Cause dismissed When the Commission is executed and returned The Plaintiffe or Defendant may assigne and giue to each other a day to shew cause why Publication should not bee granted in this matter c.   l. s. d. Fee for Returne of the Commission 0 0 4 The Rule for Publication 0 1 0 After Assignement to Publication the daies so assigned be expired if nothing be said to the contrarie Then Publication may be entred   l. s. d. For the entry of Publication 0 1 0 Note that nothing stayeth Publication but it must be granted vpon Order Affedauit Certificate or Consent After Publication is so had and procured as aforesaid the Cause standeth then at the highest For vntill Hearing nothing more is to bee done here   l. s. d. For the entring of the Cause then into the common Booke of Hearing 0 1 0 Lastly you shall obserue that nothing altereth the aforesaid grounded rules of this most Honorable Court but only Order Affedauit Certificate or Consent Which procured vpon some extraordinarie accidents doe sometimes change the prescribed custome of proceeding and rule of the Court. The forme of proceeding Ore tenus in the Starre-Chamber followeth IF the Delinquent hath done or spoken any thing worthy the Hearing and Censure of this honourable Court And be questioned for the same And therevpon doth confesse the fact or words and subscribeth his hand to the same Confession made in writing before the Lord Chancellour or Lord Keeper or any the Lords Iudges or the Kings Counsaile And doth when he is called to this Barre to answere it likewise confesse the same to be true and acknowledgeth his hand subscribed to the confession made as aforesaid Then and in such case the Court vseth to proceede to Sentence and Censure in the matter It hath not bin seene formerly That any but the Lord Chancellor or Lord Keeper the Iudges or the Kings Counsaile haue taken any such Examinations or Confessions so subscribed vnder the Delinquents hand as aforesaid Neuerthelesse if any other who hath authoritie in this behalfe shall take any such Examination subscription And the partie so examined and subscribing shall at the Barre confesse the matter and acknowledge the hand The Court may proceede to Sentence and Censure therevpon For the life of his Examination is the Confession and acknowledgement thereof at the Barre when the Court doth examine him as the custome is whether that which is confessed in writing be true or not And if the Lord Chancellor or Lord Keeper the Iudges the Kings Counsaile or any other shall take any such Examination and Confession Yet if the partie at the Barre shall either deny his hand thereunto subscribed or the matter therein contained to be true Then the Court doth not vse to proceede to sentence or censure him So consequently the strength of the Examination seemeth not to stand in the partie who taketh it if hee be of authoritie but in the parties Re-examining the same at the Barre and the Recognization thereof And so I conclude the practice of the Court of Starre-Chamber THE EXCHEQVER THE Exchequer hath three seuerall places of proceeding according to the three differing maner of busines belonging vnto it on the pleading side viz. The Chequer Barre The Chequer Chamber The Court of Pleas. For the Exchequer Chamber It is the English Court or place where the proceedings are held by English Bill and Answere And the proceeding thereof is very much like to that of the Chancerie as is said before and therefore I meane not to insist any further vpon it For the Court of Pleas It is the very Imitatiue of the Courts of Common Law in the Hall and therefore I would bee loth to boyle the same meate twice ouer to your Trencher but reserue my selfe for the Chequer Barre especially and the Receipt side The Processe and Proceedings of the Chequer Barre are distributed betweene the two Remembrancers of this Court viz. the Kings Remembrancer and the Lord Treasurers Remembrancer And what doth properly appertaine to the one and what to the other I haue at large set downe in my Direction for Search of Record according to the finall Doome and Order of Sir Richard Lyster Lord chiefe Baron in the time of King Henry the eighth And by the view of the particular matters and businesses therein appropriated so respectiuely you may the better iudge of the proceeding to be held vpon them the rather for that euen here at the Barre side they doe in most things follow the practice of the common Law also Therefore I shall bend my selfe to set foorth the practice of those things which are not presidented in the other Common Lawe Courts at all beeing matters onely proper to this c. with that small difference which is betweene this Court and those of the Common Lawe belowe Staires in point of Appearance at the beginning of a
Suite c. The order of Appearance in the Exchequer IN the Exchequer the appearance may bee made by Attourney so that there be sureties laid in to answere the matter This Bayle must bee alwayes taken before a Baron in the Court and not in his Chamber as is vsed in other Courts The Processe is a Sub poena And if the Defendant doe appeare therevpon by his Attourney his Sureties must be bound by Recognizance as aforesaid with Condition that hee shall render c. If the Defendant be condemned If the Plaintiffe be pleased The hand of the Defendant may be sufficient in this case whether he appeareth personally or no And except the matter bee the greater one Surety may suffice c. The Charge of Appearance vpon a Sub poena in the Exchequer   l. s. d. I Nprimis the Appearance 0 0 8 The Recognizance 0 0 8 The Attourneys Fee 0 3 4 l. s. d. The Copie of the Information at eight pence the sheete le sheete 0 0 8 For entring of the Bayle if it be in generall issue 0 5 0 If in a speciall issue then for euery halfe Roll 0 16 4 To a Counsailour for drawing of the Plea in Barre at the leaft If it will satisfie 0 6 8 The Sub poena it selfe and Seale wherevpon the appearance is 0 2 7 The charge of an Inrolement in the Exchequer   l. s. p. I Nprimis to the Baron before whom the acknowledgement is made 0 6 8 To the Master of the Office for his hand 0 6 4 For euery Roll 0 3 4 To the Attourney 0 3 4 Summe Total inde 0 19 8 The charge of the Sheriffes account in the Exchequer   l. s. d. INprimis for the Tales vpon payment of proffers 0 2 8 For the Entry of the same Tales 0 1 4 For the Diem extremum clausit after the death of the Sheriffe whereby Execution is to bee returned Sur. accompt 0 13 4 For the Warrant of Attourney 0 1 0 The entry thereof 0 0 8 The Vshers Fees poore mans Box 0 13 4 The Controller of the Pipe 0 16 8 To him more in regard 0 3 4 To his Clerke for Summons and in regard 0 5 0 To the Clerke of the Pipe in part of his Fee 1 0 0 To the Lord Treasurers Remembrancer 0 13 4 To the Forreigne Opposer for changing of the greene Wax and making of the scrowle thereof 1 6 8 To him for allowance of the wages for the Iustices of the Peace 0 18 0 To the Clerke of the Estrats for portage of bookes As you can agree To the Vnder-Clerke of the Pipe for the like Similiter The President for the forreigne Account Quer.   l. s. d. Fee in regard of the Iustices of Assize their Dyet 10 0 0 To the Attourney for the Entry thereof and the other Petitions 2 0 0 To the said Attourney for his ordinary Fee for the whole yeere ad recipiendum mandat c. 1 6 8 To him in regard for euery Terme during the Account 0 3 4 To his Clerke in regard 0 10 0 The Copie of the Sheriffes Seisures according to the number of them According to the number of them Le Seisure old 0 1 0 Le. Seisure new 0 2 0 To the Clerke in regard of the same 0 3 4 To the Remembrancers Office for euery thereof and for ioyning the Tales of proffers 0 3 4 On the Lord Treasurers Remembrancers side for the like Similiter l. s. d. For allowance of the same Tales of payments of money in the Receipt of the Exchequer 0 1 4 For the Ioyning of the same 0 0 8 For allowance of the same 0 1 0 For euery day that is giuen to the Sheriffe for respect of his Accounts 0 6 8 For Entry thereof 0 2 0 To the Vsher for Proclamation when the Sheriffe is cast out of the Court 0 2 6 For the Quietus est the making and allowing of the same 1 0 0 For the Baron his Fee for the taking and allowing of the forreine accounts 0 6 8 To the same Baron of examining of the Sheriffes Schedule 0 6 8 The ordinarie charge for passing of an Account INprimis for deliuerie and receipt of three Certificates 0 1 0 For deliuerie of the Kings part of the bookes of Extant to the Auditor 0 0 4 To the Auditors man for a bagge 0 0 6 l. s. d For a Warrant of Attourney 0 0 8 To the Teller for Receiuing of the money and for making a Bill thereof 0 0 4 To the Auditors man for allowing of the Certificates 0 1 6 To the Auditors man for engrossing of the Accounts 0 4 0 To the Barons man for Receiuing allowing of the Warrants of Attourney 0 2 0 For Entring of the Account on the Kings Remembrancers side 0 1 0 For the like entry with Master Smith 0 1 0 For ioyning of their two Tales 0 0 8 For entring of the Quietus est 0 2 0 For the Quietus est 0 3 4 The Attourneys Fee 0 3 4 Summe Total is about 0 18 0 And thus much for the Exchequer The Sheriffes Fees doe next offer themselues in manner following FEES BELONGING TO SHERIFFES   l. s. d. INprimis for the Returne of euery Cepi Corpus 0 0 4 For the Returne of a Nihil or a Non est inuentu●… 0 0 4 For returne of a Proclamation 0 1 0 For the returne of a Venire facias 0 1 0 For the return of a Habeas Corpor. or Distringas 0 2 4 For euery name returned vtlawed 0 0 4 For making of a Warrant vpon a Writ if it be directed to the ordinary Bayliffe then for euery name 0 0 4 If to speciall Bayliffe or Bayliffes Then for euery name 0 2 0 For the Arrest of euery Defendant Payable by the Plaintiffe 0 1 0 l. s. d. For making the Bond wherein the Defendant is bound with two Sureties for his appearance at the returne of the Writ and in the Court named in the Writ 0 0 4 For a Copy of the Warrant vpon the Writ 0 0 4   l. s. d. For a Repleuin or Reple●…it in the Shire 0 2 0 For the returne of a Recordare 0 0 4   l. s. d. For the Returne of an Accedas ad Curiam 0 2 0   l. s. d. For the returne of a Distringas nuper vic 0 2 0 For the allowance of a Supersedeas if it bee after the returne of the Exigent 0 1 0 For the Executing of a Writ to enquire of Waste Also to enquire of Dammages Also to execute a Statute Or habere facias se●…sinam A Writ of Right De partitione faciend For remouing the Ouer-charge of Common of Pasture Enquirie vpon an Elegit Writ of forcible Entry or holding with force wherevpon the partie amoued is to bee restored to his possession Execution of a Iudgement super bre de dote And the like The Sheriffe hath for these as you can agree with him For the seruing of an Execution there
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.