THE Attorneys Academy: OR, THE MANNER AND Form of proceeding practically, upon any Suit, Plaint or Action whatsoever, in any Court of Record whatsoever, within this KINGDOM: ESPECIALLY, IN THE GREAT COURTS AT Westminster, to whose motion all other Court of Law or Equity; as well those of the two Provincial Counsels, Those of Guild-Hall London; as Those of like Cities and Towns Corporate, And all other of Record are diurnally moved. With the Modern and most usual Fees of the Officers and Ministers of such Courts. Published by his MAJESTY'S special privilege, AND Intended for the public benefit of all His Subjects.  
Summum hominis bonum, bonus ex hac vita exitus. THO: POWELL Londino-Cambriensis.  
LONDON, Printed for Benjamin Fisher: and are to be sold at his Shop in Paternoster Row, at the Sign of the Talbot. 1623.   


Which, if he do deny, my comfort is,  
my Shipwreck shall have noble Witnesses,  
I sink not in a Ditch, nor by the Shore,  
But die and lie at Neptune's Palace door.  
'Tis thou alone that bearest the Triple Mace,  
canst, in the very speed of all their chase,  
Restrain their pursuit; do but keep in awe  
their nimble, neat Nereids of the Law;  
Charge Aeolus (as he does honour thee)  
he do not dis-imbulke his cheeks at me.  
I have done nothing to offend thy Train,  
ravished Amemone (as the Poets fain)  
Nor sought to rob the Sea-gods bed of Coral,  
I mean Law's mysteries: (For that's the Moral.)  
If this be so, vouchsafe me thy Protection,  
that I may bring this Work unto perfection.  
Then will I sing thy Fortune and thy Fame,  
and prove, that Williams from the Troyans' came▪  
Show, where his Ancestors long since did build  
a Seat, which hitherto their Name have filled.  
Now may that Name and Honour ne'er expire,  
but in a melting Firmament of Fire.   
Lutum Inmanu Fictoris: THOMAS POWELL.   

TO TRUE NOBILITY AND TRIED LEARNING, BEHOLDEN To no Mountain for Eminence, nor Supportment for his Height, FRANCIS, Lord Verulam, and Viscount St. Albans.  

O Give me leave to pull the Curtain by,  
That clouds thy Worth in such obscurity,  
Good Seneca, stay but a while thy bleeding,  
T'accept what I received at thy reading:  
here I present it in a solemn strain,  
And thus I plucked the Curtain back again.   
The same THOMAS POWELL.   

T. N. In Commendation of this Work:  

'tIs good, 'Tis common good, what would you more?  
It will be more good, when there is more store.   — Pueri, Sacer locus est, extra meite.  

TO THE READER.  

Sta, Lege, Plora,  
Prome (precor) ora.   
FRIENDLY Reader, Thy Religion and Zeal to common good, may somewhat stead, but not secure me: For, if thou be'st but a temperate man in this age, wherein the Planets themselves are so extremely distempered, the Air is sick of their disease, and the lower bodies do all complain, and are shaken with the same fever; Thy calm and pliable constitution:  
Unless thou be superlative & superstitious in the faith and profession of Public Weal, thou shalt be too too innerued to meet the privy malice of those who are only studious of private profit; Or to make up me and my good meaning to the general advantage.  
Thou mayst easily conceive, that my a●…me is not leveled at any Lucrative Landmark, seeing no endeavour can afford a more merciless and immercenarie return th●…n this: To which, the pity of my poor Countrymen did impress and send me forth in the first rank, to be exposed unto the most danger: Which, with all other difficulties in the Attempt, I have received with the one hand, and cast away with the other: I have ●…uer held it more honour and happiness to hu●…le myself headlong into the flaming Temple, then to ensafe me in the midst of the mutinous Schimeonites.  

1. Indeed, I must confess, That myself was the most unworthy and unable of many to undergo this Task:  
2. That I have waded thus far, without calling of those of the Mystery to my guidance:  
3. It may be, that I have stepped besides the common Causeway, and trespassed pedibus ambulando upon some men's Enclosure:  
4. Perhaps I have sometimes erred, and miss set the Needle of my Compass:  
5. And admit I have not traveled so far as the Seas offered Passage and Pass port unto me.   

1 All this is easily answered: For you must understand, That the necessity of the Voyage did embark me, when in all this age passed before us, no one (how able s●…euer) would undergo the discovery: None would, or will prefer the Prayer of posterity, before the purch●…se of the present.  
2. I knew not whom to trust or call to Guide, lest I should betray the whole Voyage.  
3. Beyond the Pole of Property, I care not in what Stream my Keel leaves her dinted impression.  
4. Beyond the Line, the old Compass is to be laid by, and the new one is to be used.  
5. I have traveled as far as the Victual and Tackle, which I was able to provide with my ready flock, would bear me. And it shall be held amongst all well-affected English Seafarers, worthy the hazard, charge, and time bestowed upon it, In regard that I have in this leading discovery set forth where the way lies for farther Navigation, to drive a Trade even to the utmost confines of those parts, and to make perfect and perpetual commerce between us and them.   
The like are my endeavours for the s●…tling and establishing of a certain course of compliance between the Officers and Ministers of our Laws and their Clients, which would distinguish and set apart the unlearned and unconscionable crew, from those whose endowments of acquision, and endearments of conscience, and innated composition speaks them far more worthy.  
For my faults of deficience, I am not ashamed to invite the supply of those who have the advantage of breeding in their particular Offices on their sides, if▪ they will afford it.  
For my faults of Insufficiency, I do not blush at them: Barnardus non videt omnia: He that knows most in the practice of the Laws, knows most how impossible it is with the single quality of any one man living, to reduce the infinite differing parcels of this Account, into a perfect and certain Sum at the first collation or calculation thereof.  
For my Printers faults of all kinds, I give him kindly to your mercy.  
Would you have me now to leave all undone, because some part cannot be done to perfection at the first?  
Will you blame me for those few imperfect quidlibets, without whose company and fellowship, so many useful quodlibets with which the ensuing Tractate is forced, had never been able to hold out so tedious a journey.  
Surely, whatsoever you be that shall do it, I must tell you, that the Million Multitude will repute and report you for a second Alexander, not the Conqueror, but the Coppersmith; not famous for triumph, but for Trade, Not Alexander who in his greatness would be worshipped as a God himself; but Alexander who in his leather Apron would have the very Puppets which his hand rough-hued, draw an adoration and reverence amongst the people.  

Good Alexander, do not fear thy trading,  
Peruse me not, though thou deny thine aiding▪  
I ask but aid of Patience and of Time,  
To frame and finish this poor work of mine:  
To make, to mend, to perfect and to polish,  
What allexander's wisdom thinks so foolish.   
To the rest, I rest As jealous of your loves, as zealous of your liking, THO. POWELL.   

THE ATTORNEYS' ACADEMY.  
The manner of proceeding in the CHANCERY.  
THE CHANCERY.  
NOtwithstanding the practice here before this time hath been, That no Sub poena should be sued forth of the Court of Chancery, without a Bill of Complaint first exhibited. Yet laterly, for the ease of all Suitors and Subjects, it hath been thought good, that every man may have a Sub poena out of the same Court, without any Bill first exhibited.  
This Sub poena is the leading process of this Court, by which the party Defendant against whom the Complaint is intended, is summoned and required to appear, and make answer to the Complainant, under a certain pain, and at a certain day to come.  
The days of Return here, are the usual Returns, as in the ordinary Almanac, Or else a Sub poena may be returnable at a certain day, after any the said usual Returns, or the great Feast days, from whence the Returns take their denomination, So that you must add (Prox.) in place where cause shall require.  
As if the Feast Day be to come: Then it must be, Prox. Futur. in unum mensem▪  
But if the Feast day be past, than it must be a die Paschae in unum mensem prox. futur.  
And the like to other Returns, before or after other Feast days.  
The Sub poena being by the complainant or some other by him apppointed, served, and returnable in manner (as aforesaid:) The Complainant hath lliberty to put in his Bill, until the day following the fourth day after every the said Return (if the Sub poena be returnable upon the certain Return day.)  
And you must account the Return day, and the fourth day after it, for two of the said four days.  
And if the Bill be not filed on the next day after the said fourth day: The Defendants Attorney (having the Sub poena or Label thereof, wherewith the Defendant was served, Or an Oath that the Sub poena was served) he may get fitting Costs in every such case.  
When the Defendant hath so got Costs, he may have a Sub poena whereby to command the complainant, presently upon the sight thereof, to pay the defendant or the bringer thereof, the said costs; (as aforesaid.) And if the complainant do refuse to pay the said costs, accordingly: Then the Defendant may, upon affidavit made, that the Sub paena for costs was served, have an Attachment directed to the Sheriff of the county, to attach the complainant therefore.  
And upon return made by the Sheriff, that the complainant cannot be found, an Attachment with Proclamation may be sued forth against the complainant.  
And that Proclamation being likewise returned by the Sheriff (as aforesaid.  
Then a Commission of Rebellion may be sued forth against the complainant.  
But on the contrary side, if the Complainant do put in his Bill, And the Defendant appeareth not, the next day after the costs day.  
Then the Complainant (upon Oath made that the Defendant was served with a Sub paena) may have an Attachment, and farther Process upon like Returns, (as in case aforesaid.)  
Where note, that the party which maketh Oath that he served the Sub poena: Or that the Sub poena was served, must swear as followeth.  
That he delivered the Sub poena to the Defendant.  
Or he showed the Sub poena to the Defendant, and delivered to him a note of the day of his appearance.  
Or he left the Sub poena at the Defendants dwelling house, where the Defendant most abideth.  
Or he showed the Sub poena at the Defendants dwelling house to his Wife, or some of his servants, and there left the Label of the Sub poena, or a note of the day of his appearance.  
Or he must swear that he heard the Defendant confess that he was served with Sub poena.  
And if the Defendant do appear within the time limited.  
Then the Complainants Attorney may give unto the Defendants Attorney, on the said day after the Costs day, a Rule, that the Defendant do make answer to the complainant's Bill, by the same day seven night then next to come. This Rule and day given, must be entered into the Register.  
And if the Defendant do not answer by the prefixed day so entered.  
Or if he do not otherwise satisfy the Court by sufficient cause and occasion of the delay:  
Then the Complainants Attorney may take forth an Attachment against the Defendant.  

The Causes whereby the Defendant may satisfy the Court of his said delay in answer, are these for the most part. (viz.)  
HE cannot make direct answer, without sight of his Evidences or Write which are in the Country:  
Or he cannot answer without conference had, first with some person named in the said Bill▪  
Or with some person whom the matter toucheth:  
Or that the Defendant is not able to travel.  
Of every which reasons aforesaid, Oath must be made.  
ANd upon Oath so made:  
Or by an especial motion made for this purpose:  
The Defendants Attorney may procure a Dedimus potestatem, directed to certain commissioners in the country, to take the defendants answer there.  
And the cause whereupon this Dedimus potestatem is granted, must be entered into the Register.  
So likewise in case where the defendant doth not answer within the limited time, and an Attachment is therefore awarded against him: The Clerk which maketh the same Attachment, must enter it into the Register; showing the cause wherefore it was granted.  
But if no day be given to the defendant to answer: Then the defendant hath liberty to answer at any time during the Term.  
And if he do it not within that time: Then an Attachment may be sued forth against him of course. And the same, with the cause thereof, must be entered into the Register: (viz.) That the defendant appeared, and departed without answer.  
If the Sub paena be returnable so near unto the end of the Term, that there cannot be a day given to the defendant to answer, he must at his peril answer by the same day seven-night following the day of his appearance, although it be in the Vocation. For the Chancery is always open.  
If the Sub paena be Returnable on the last Return day of the Term itself: Then the defendant is at Liberty to appear the first return of the Term Following:  
But if it be a day certain, although the same be the last day but one of the Term, yet the Defendant must appear, and answer by that day seven-night, next Following the said Appearance.  
If the Sub paena be returnable immediately, though it be served on the last day of the Term, so it be served before the rising of the Court; The Defendant must also appear and answer, by the same day seven-night.  
And if the defendant make Oath, that he cannot answer without Writings, etc. or conference with some other person: Or if he have a dedimus protestatem, and Commission to make his Answer: He must, at his peril, procure his Answer to be put in, before the day after the first Costs day of the next Term Following; unless it be Trinity Term: And then, and in such case, it must be put in the second day: or else the complainants Attorney may, upon such default, make an Attachment against the defendant, and enter the same into the Register, for that he hath not Answered by the day prefixed.  
Or in other case, That he appeared, and departed without Answer: Or otherwise, That he did not return the dedimus potestatem at the day prefixed, etc. and as the case shall require.  
And though the custom hath been heretofore, That by reason that the Defendant may abuse this liberty given to him (as aforesaid) in delaying the complainant by Demurrer in Law: No such Demurrer should be allowed; yet is now permitted, That the Defendant may, by his Answer returned by Dedimus potestatem, Demur in Law: For that he, not appearing in person at the first, his Counsel in his absence may not Demur, though the Complainants Bill be insufficient: Because every Demurrer must be delivered into the Court by the Defendant in proper Person, and not by his Attorney, except in Cases where the defendant is not able to appear in Person. In which Cases it is used; That the defendant may deliver his Demurrer to the Commissioners: Who, though they be by the express words of their Commission, to receive the defendants Answer upon his Oath: yet, if the defendant deny to answer, they are to certify the same, with the reasons by him alleged, wherefore he will not answer upon Oath; leaving the same to the consideration of the Court: And they are to take and return such Answer as the defendant shall deliver unto them.  
But where the Defendant hath before appeared, and taken copy of the complainant's Bill, and having had conference with his Counsel thereupon, is by him resolved that he cannot make a direct Answer, by reason of some matter in the said Bill laid to his charge, which he cannot clear without fight of Evidences, Write, or Conference with some Person; There is no reason, that after ●…ime so given to the Defendant, from the day of his Appearance, until the beginning of the next Term following he should be admitted to demur to the complainant's Bill:  
For if there had been any cause of Demurrer, He might have demurred at the day given him to Answer; So that the complainant might have had time to have had the opinion of the Court, whether the Demurrer were good, or not.  
So, if the Defendant, after such time so taken, do demur in Law; The complainant shall have an Attachment of course, as though no answer at all had been put in: The said Attachment is to be entered thus, (viz.) For that the defendant hath not answered by the day to him given, therefore an Attachment, etc.  
Upon the return of this Attachment, he may have the like Process as aforesaid.  
And in case where there be more Defendants, every defendant shall be punished alike, for his own like offence;  
Except in case where a Sub poena is granted against a man and his Wife: In which case a man shall be under punishment for his Wife's Offence.  
For if a man be served with a Sub poena in London against him and his Wife, (she being in the Country) yet if he do not satisfy the Court, by some of the courses before mentioned, as well for his Wife, as for himself (he being here in person (an Attachment shall be granted against him and his Wife, as though he had never appeared, which Attachment shall be entered; For that A. B. Wife unto C. D. hath not answered according to a day to them prefixed: Therefore an Attachment is awarded against C. D. and A. B. his wife.  
If the complainant dye, his Heir or Executor, who hath the interest of the thing whereof he complaineth, may put in a Bill of Reviuor against the Defendant, his Heir or Executor, as the case shall require.  
Also, It is to be remembered, that if the complainant Exhibit his Bill against a Man and his Wife, for matter which wholly concerneth the Wife: Whereunto they make Answer, and after answer made, the man dyeth, The complainant cannot proceed in that suit against the Woman, without a Bill of Reviuor, because the woman shall not be constrained to stand to that Answer, which she together with her Husband, or solely (as Wife unto the Man) made to the complainant, for that she was then under Coverture.  
And after her husband's death (she being seized or possessed of the thing in Controversy as in her former estate) may (if she please) make a new answer, and shall never be bound or concluded by the Answer which she made in her Husband's life-time, or that she was then under Coverture. And yet (if she so please) she may stand to that former answer of hers, and proceed in that suit accordingly.  
But if the Complainant exhibit a Bill against a feme sole, whereunto she maketh answer, and afterwards marrieth, the Complainant may proceed against her Husband and her, without any Bill of Reviuor: And her husband shall be bound by that answer which she made before marriage, because she shall not be admitted to take advantage of her own act.  
Where (on the contrary) if a feme sole exhibit her Bill of Complaint, whereunto the Defendant answereth, and afterwards she taketh an husband, her husband and she shall not proceed against the Defendant, without a bill of reviuor; because her suit is abated by her own act, whereof the Defendant may take advantage.  
And if a Man and his Wife exhibit a bill of complaint, whereunto the Defendant answereth, and the man dyeth, the woman shall be at her choice whether she will exhibit a new bill, or proceed upon the Former: And the Defendant shall be bound to his Answer made to the Man and his Wife.  
Also, if two seized of joint estate; or two Executors of one Testament; Or two Obligors or Obligees Exhibit a Bill of complaint, whereunto the defendant answereth, and one of them dyeth;  
The Survivor of them may proceed against the defendant, without any Bill of Reviuor.  
And in all cases where a Bill of Reviuor is requisite, after the said Bill exhibited, and a Sub paena served on the Defendant to that purpose: The Complainant shall be in the same case, as he for his Predecessors was, at the time when the cause of reviuor accrued, unless the Defendant shall appear upon the said sub paena, and by way of answer show good cause to the contrary: which cause must be, That the complainant in the Bill of reviuor, is not Heir, or Executor, nor standeth in the like case, nor hath the like interest, or the like cause of complaint, as before in the Former suit:  
And no other cause is to be allowed.  
If the complainant exhibit his Bill of complaint, for Title of any Lands, not of the yearly value of Forty shillings: And the same be proved by Affidivit, or deposed, the defendant shall be dismissed.  
Also, if the defendant demur to any B●…ll exhibited against him, or disclaim: The Complainant cannot reply:  
For if the defendant be called up by sub paena, ad Reiungendum, having before made no other answer, but a Demurrer or a disclaimer, he shall have costs for unjust vexation.  
But after the Defendant hath answered, the complainant hath liberty all that Term to Reply at pleasure.  
And if he Reply not that Term: The Defendants attoturney may give to the complainant's Attorney a seven-nights day in the time of the next Term following to Reply, which day being passed, and no Replication brought in; On the day than next after it, the Defendant may have costs, as in case of a Bill to be recovered.  
But if the complainant's Replication be put into the Court, the defendant can have no costs allowed unto him.  
But then the defendant may, if he will, rejoin gratis to the Replication, and enforce the complainant to go to commission.  
Or else he may have commission to examine Witnesses on his own part against the complainant, and shall have the carriage thereof.  
This commission shall be directed to Four such persons as the defendant shall name, Or to any three or two of them, without any warning to be given to the complainant.  
But if in this case the complainant will, he may join in commission, and have the carriage of it himself.  
And then he must name two indifferent Commissioners: and the Defendant must name the like: (which being agreed upon) The complainant must give to the Defendant fourteen days warning, of the day and place, when, and where the said commission shall be executed.  
This warning must be given, either by himself in person, Or else left in writing, at the house or place; where the Defendant doth most reside.  
The complainant in all cases of commission to examine Witnesses, shall have the first choice of commissioners, and carriage of the commission and for his relief.   

He shall examine Witnesses, in all these cases following: (viz)  
FIrst upon a Bill by him preferred to examine Witnesses in perpetual memory of the matter, to command the defendant either by himself, or by his Attorney to appear immediately: And within Fourteen days to show cause why the complainant should not examine Witnesses (in perpetual memory.)  
And if the defendant do thereupon appear by himself, or his Attorney, and show good cause to the contrary, such as the court shall allow, than the complainant shall not examine any Witnesses in perpetuam rei memoriam, or perpetual memory.  
But if he do show no sufficient cause, nor join in commission with the complainant, than the complainant's Attorney must prefer six commissioners names to the Lord Keeper, or the court, etc. Four of the which, or Four such other, as the Lord Keeper or the court shall appoint, shall be set down for commissioners, and a commission for the complainant shall be made forth, and directed to the said Four commissioners, or any three, or two of them, to examine Witnesses, according to certain Articles heretofore set down in Chancery, which witnesses are never to be published, during their lives, unless Oath be made.  
That the complaynent hath some trial wherein he should give them in Evidence.  
That the Witnesses are not able to travel to the place where the trial should be▪  
Or the party Defendant will consent thereunto.  
Neither can they be given in Evidence against any other, but against the party which was called, to show cause why the said Witnesses should not be examined, or some other, claiming under him by some interest which accrued unto them, after the Bill preferred by the complainant for the examination of Witnesses.  
It is also used, that either party, after the Bill is exhibited, and Answer made thereunto, may examine Witnesses in court here before one of the Examiner's.  
But the complainant can have no commission to examine his Witnesses, unless, and before the Defendant be served with a Sub poena ad Reiungendum: Which Sub Poena must be served in such manner as is before mentioned.  
And then upon Afidavit made of the serving thereof, the complainant (if the Defendant appear not that Term) shall have a commission directed to four such commissioners as himself shall name, or to any three or two of them, for the examination of witnesses on his part, against the defendant, without any warning to be given to the defendant.  
Upon the return of the said Sub paena ad reiungendum, the complainant may give to the defendant a new rejoin, (viz.) the same day seven-night.  
By which time, if the defendant do not rejoin he shall lose the benefit thereof.  
And when that day so given to rejoin, is passed, the complainant may give two ordinary days, (viz.) two Returns, for the defendant to produce his witnesses, and then a Peremptory day.  
Before which day past, if the defendant do come in, he may have a Commission to examine witnesses of course, without any motion; but he shall lose the benefit of Rejoinder: And the complainant, if he please to join in the Commission, shall have the carriage of it, giving to the Defendant fourteen days warning, of the day and place, when and where the said Commission shall be executed.  
In the joining of this Commission, The Complainant must first name one Commissioner, unto whom the Defendant may give general exception:  
The Defendant must name the second;  
The complainant the third,  
And the Defendant the fourth.   

The Common exceptions which be given to Commissioners, are these, (viz.)  
THat the Commissioner named, is of Kindred or Allied to the party, for whom he is named:  
That he is a Master to the party:  
That he is a Landlord unto him:  
Or a Partner unto him:  
Or have suit in Law with the adverse party to him, by and for whom he is named:  
Or is of Counsel, an Attorney, or a Follower of the cause of the one party:  
Or one to whom the party is indebted:  
Or any other apparent cause of partiality, or siding with either party.  
And it is commonly used, that either party may give exception to one, and they seldom give exception to any more than one, on either party.  
If the Complainant make default, and procure not the Commission to be executed: Then the Defendants Attorney may renew the said Commission to the former Commissioners; and the Defendant shall have the carriage thereof (Giving to the complainant fourteen days warning, of the day and place, when, and where it shall be executed.)  
And yet nevertheless, the complainant's Attorney may, if the complainant will, renew the said commission also, and give the like warning also unto the Defendant.  
Upon the execution of either of which Commissions, and return whereof; either of them may give to the other a day, to show cause why Publication should not be granted.  
The day so given, is one week; which being expired, and no cause showed to the contrary; Then publication is granted; and neither party can examine any Witnesses afterwards, unless it be by especial order of the Court; which is never granted, without an Oath made, that the party which requireth the same, nor any of them, hath seen, or been made privy to any examination of any the Witnesses formerly examined in this Court by either of the parties: And some good cause be shown, either by Oath, or certificate of commissioners, why the party could not get his said Witnesses examined within the time limited for their examination.  
In which case, sometimes, the Court giveth order to examine Witnesses by a time prefixed, at the party's peril, with this Proviso, That the party shall not in the mean time see the said former examination.  
And sometimes the Court giveth order, that the said party shall examine his Witnesses, to inform the conscience of the judge only, and not otherwise.  
These Depositions are never published, but by especial order or consent of the parties; but delivered to the judge, sealed up by the Officer, under whose custody they do remain, to the end he may peruse them.  
If any one be called by a Sub poena, to appear in this Court: And upon his appearance, the complainant or any other doth arrest him in any other Court; He shall have a Super-sedeas to discharge the Action, because he must have free going and free coming.  
But it is not so, if the complainant be arrested, except it be after issue is joined, and a day is given for the matter to be heard. And the complainant coming to the Court, with evidence to maintain his cause, is arrested: The Court in this case shall defend him, and set him free to follow his suit.  
But this is seldom seen: And he that is Plaintiff in the other Court, may declare against him here Praesentem in curia, if he please. See 37. Eliz.  
If any one who hath Privilege in Chancery, be arrested into another Court, in a joint-action with his Wife, for matter concerning her: Notwithstanding the Coverture, she shall not have any benefit of privilege here. See Paul's case.  
If one who is privileged in another Court, as in the King's Bench, Common pleas, or Exchequer, do arrest one of this Court, who is here privileged as a Clerk, or otherwise: The Privilege here (how soever it is in other cases sufficient to supersede the proceeding elsewhere) yet in this case I have never seen it to prevail against the other privilege.  
For amongst like privileged men, most speed carries it away.   

The Order made and ordained by Sir NICHOLAS BACON, Knight, Lord Keeper of the Great Seal, touching the Examination of witnesses in perpetuam rei memoriam:) Dated the tenth of December, in the third year of the late Qu. Eliz. followeth.  
FIrst the Commissioners shall examine no Witnesses, but such as be aged and impotent.  
Item, the complainant, or party, who sueth forth the commission, shall give warning by precept from the commissioners, unto the party that should take prejudice by this examination, by the space of fourteen days at the least, of the time, and place; when, and where the said commissioners will sit upon this commission.  
And the same warning being so given: The commissioners are to be satisfied by the Oath of the party complainant, or of some other credible person, that warning is given accordingly, before they shall proceed to the execution of their Commission.  
Item, If the party Aduersant, or defendant, can show before the Commissiovers good cause of exception, either against the Witnesses produced by the complainant, or any of them, Or against the commissioners themselves; Or otherwise, than they shall cease and forbear any farther execution of the commission.  
And the commissioners shall certify and return the said causes, and execptions, up with the commission.  
Item, If the party adversant cannot show sufficient cause (as aforesaid) then the commissioners shall proceed to the examination of Witnesses; and the party Aduersant, or Defendants shall have liberty to join in the examination of the same Witnesses, or of any other likewise upon Interrogatories on his behalf (if he think good.)  
Item, The commissioners shall certify in their return of the commission, such acceptations as the defendant shall take against the proceeding in the same commission, and whether the defendant did appear or no?  
And if the Defendant did not appear, they are likewise to certify and return, whether affidavit were made of the giving of warning by precept (as aforesand) or no?   

Orders to be observed before the granting of Publication of the said Commission.  
THe party who prayeth publication, shall first by himself, or some other, make Oath that the depositious of the same witnesses, are necessarily to be given in evidence on his behalf.  
Item, Oath also must be made, that the same Witnesses be either dead, or so aged, or impotent as they cannot travel to testify (viva voce) without danger of life.  
Item, This Oath being so taken, a Master of the Chancery must first open the Commission, and consider whether this Order before mention●…d hath been observed in all points, wherein he being satisfied, publication is thereupon to be granted.  
Provided always, that no Depositions shall be given in evidence, but against those persons that were warned by precept (as aforesaid) or against their Heirs or Assigns.  
And provided also, That after examination had, and taken (as aforesaid) And after Publication had, and granted of the same examinations: The party Aduersant, or Defendant, shall not be admitted to have any new examination on his behalf, concerning the same matter.  
Item, This Order is to be observed in case where the commission is ex parte quaerentis only, and it is to be engrossed in Parchment, and subscribed with the hand of the Register, and to be annexed to every of the said commissions, but not otherwise.  
For if the Defendant join, than these Articles shall not need.   

The difference used between a joynt-commission in the aforesaid nature; And a Commission exparte, followeth.  
THE joynt-commission is made in form, as all other general commissions to examine Witnesses, Super Interrogator. ministrand. be, Adding to the end of the same, these words (viz.) in perpetuam rei memoriam permansur.  
The commission ex parte, is to have these rules inserted under the Registers hand, and the commissioners names are specially to be assigned by the Lord Keeper, or Lord Chancellor for the time being.  

Termino Michaelis, Anno Regni Eliz. Reg. Sext.  
MEmorandum, That all Injunctions granted for preservation of possession, during the suit in the Court of Chancery▪ shall have this clause & condition contained in them (viz.) That the party who prayeth possession, was in possession at the time of the Bill exhibited, and certain years before; And that his interest is not determined by forfeiture, surrender, or other lawful means.  
And Bond must be put in by the party who prayeth the possession, of the penalty of ten pound, with condition that this Information aforesaid is true.  
Item, that all Injunctions granted for the stay of Suits at the common Law, shall have this clause and conditon contained in them: (viz.) That the same Suit desired to be stayed, is for and concerning the same matter depending in this Court, and as we begun at the common Law, after the Bill exhibited into this Court; and that Bond be put in (as aforesaid.)  
Item, That no speeiall Certiorare do pass without Bond first given, on the behalf of the party who desireth the same▪ with condition, That the Bill exhibited containeth matter sufficient to bear a Certiorare, And that he shall prove the contents of his Bill to be true, within fifteen days after the return of the Writ, according to the Order and course of this Court.  
And that upon the granting of every Procedendo, the Bond aforesaid be remembered to the Lord Keeper.   

Termino Trinitatis, Anno Regni Eliz. Reg. Septimo.  
IT is ordered, that all Suits for no more than six acres of Land, or less, except the same be worth forty shillings by the year.  
And all Suits for matter under the value of ten pounds, shall be dismissed this Court, for such cause only proved. And this Court shall not retain 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 Process to hear judgement, be returnable six or seven days before the day of Hearing, and not above, saving in the beginning of the Term, when the time will not permit so long warning.  
And the said Writs must be endorsed on the backside, with the very day apppointed for the hearing of judgement. And so much for that Term.  
By the general custom, and ancient usage 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 afford no relief, 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 six Clerks as dealeth for him. And he may at the end of the Term, when the Lord Keeper setteth down the days of Hear, procure his hearing to be set down amongst those assigned for the next succeeding Term.  
This was wont to be the ancient course of procuring of Hear, howsoever it was lately dis-used, And (as I take it) the same is now restored again, to the good contentment of all Suitors in this Court.    

The Order of Proceeding against such as refuse to obey his Majesty's Injunctions, proceeding and issuing out of the Court of Chancery.  
FOr the breach of an Injunction, there be commonly three punishments, (viz,)  
One, that the Contemptor shall not be in all the principal cause, till he have fulfilled the Injunction in every point.  
Another, that he shall not be committed to Ward in the mean time, And there continue, till he do conform himself, and become obedient to the Injunction.  
The third, that he shall fine to the King for his Contempt, as the Lord Keeper, or Lord Chancellor for the time being, shall please to award. And the Lord Keeper, or Lord Chancellor may depense herein, as they shall find cause and reason.  
Item, If the Contemptor do not appear upon sight of the Injunction, or not obey the same; but doth commit some Act in contempt or neglect thereof, Then upon an affidavit made of the serving of the said Injunction, There shall be awarded an Attachment against the said Contemptor, etc. as in the case of Process before mentioned and declared.  
Item, If the Contemptor do appear, and hath not fulfilled and performed the Injunction; and yet, at his coming doth offer to fulfil it, alleging that he cannot do it here conveniently: Then the Lord Keeper, or Lord Chancellor useth to appoint him a certain day, within which he must do it: And so, upon Bond taken of him, with Sureties, who are to undertake, (in case his own security be not held sufficient) that he shall perform the Injunction within the time given, or at the day to render his body to prison, there to remain, till he hath fulfilled the same, He may be licenced to depart.  
What I have hitherto set down, is desumed and collected out of the ancient Form of practice and Orders of this Court of Chancery: I shall now deliver, the orders and practice of latter times, most of which are agreeable with the former: some are the nour ordained; and all are subject to addition or alteration, as the Court shall think fitting, and done Salua Prerogativa Curiae.   

The Modern Orders and Ordinances of Chancery follow.  

Affedavits.  
NO affidavit shall be admitted or taken, which shall tend to the proof or disproof of the Title or matter in question, or touching the merits of the cause:  
Neither shall any such matter be colourably inserted, in any affidavit to be made touching the Serving of Process.  
No affidavit shall be taken against affidavit, so far as the Master of Chancery can discern, or take knowledge, etc.  
If any such be taken, The latter shall not be used or read in Court.   

Contempts.  
IN case of Contempts, granted upon force, or ill words, used upon serving of Process, Or other words of Scandal, proved by affidavit, the party is forthwith to stand committed:  
But for other Contempts, against the Orders or Decrees of the Court:  
First, an Attachment goes forth upon affidavit made.  
Then the party is to be examined upon Interrogatories, and  
His examination is to be referred:  
And if upon examination, he confess matter of Contempt, he is to be committed:  
If he confess it not, The Adverse party may examine Witnesses, to prove the Contempt;  
And if the Contempt appear upon proof, the contemptor is to be committed therefore.  
But if the Adverse party fail to prove the said Contempt, Or fail to put in his Interrogatories or other prosecution, Then the party charged with the Contempt, is to be discharged with good costs.  
They that are in Contempt, especially so far as Proclamation of Rebellion, are not to be heard neither in that suit, nor in any other, except the Court of special grace, suspend the Contempt.  
Imprisonment upon Contempts for matters past, may be discharged of grace, after sufficient punishment: Or it may be otherwise dispensed withal in such case:  
But if the Imprisonment be for performance of any order of the Court in force: Then the Contemplator ought not to be discharged, except he first obey: Only, the Contempt may be suspended for a time.   

Petitions.  
NO Injunctions, Sequestration, Dismissions, Retainer upon Dismissions, or Final Orders, shall be granted upon Petitions.  
No former Order made in Court, is to be altered, crossed or explained, upon any Petition; But such Orders may be only stayed upon Petition, for a small time, till the matter may be moved in Court.  
No Commissions for examination of Witnesses shall be discharged; Nor any examinations, or depositions of Witnesses, shall be suppressed upon Petition, unless it be first referred, and Certificate be made thereupon.  
No Demurrer shall be overruled upon any Petition.   

Injunctions.  
Injunctions for possession or for stay of Suits after verdict, are to be presented to the Lord Keeper, or Lord Chancellor, being together with the Orders whereupon they go forth; That his Lordship may take consideration of the Orders, before he sign them.  
No Injunction of any nature, shall be granted, revived, dissolved, or stayed upon private Petition.  
No Injunction to stay suits at the Common Law, shall be granted upon Priority of Suit only.  
Or upon the Surmise of the Complainants Bill only.  
But upon matter confessed in the Answer of the Defendant.  
Or matter of Record.  
Or writing plainly appearing.  
Or when the Defendant is in Contempt for not answering.  
Or when the dept desired to be stayed, appeareth to be old, and hath slept long.  
The creditor and the debtor have been dead some good time, before the suit brought.  
Where the Defendant appears not, but sits an Attachment: Or when he doth appear and departs without Answer, and is under attachment for not answering: Or where he takes Oath, that he cannot answer without sight of Evidences in the Country▪ Or where after answer, he sues at Common Law by Attorney: Or absents himself beyond Sea.  
In all these cases, an Injunction may be granted, for stay of suits at the Common Law, until the party answer, or appear in person in Court, and the Court give further order.  
But nevertheless, upon answer put in, if there be no motion made the same Term, or at the next general seal after the Term, to continue the Injunction, in regard, and upon suggestion of the insufficiency of the Answer put in: Or in regard of the matter confessed in the Answer, than the Injunction shall dye, and dissolve, without any special order.  
In the case aforesaid, where an Injunction is to be granted, for stay of Suits at the Common Law; If the like suits be in the Chancery, either by Scire facias, or by Privilege, or English Bill, Then the suit is to be stayed by order of the Court, as it is in other Courts by Injunction.  
Where an Injunction hath been obtained for staying of Suits at the Common Law, and no prosecution is had by the space of three Terms afterwards: The Injunction is to fall of itself, without farther motion.  
Where a Bill comes in after an Arrest at the Common Law for a Debt, No Injunction shall be granted, without bringing the principal money into the Court, except there appear in the Defendants answer, or by sight of Writings, plain matter, tending to discharge the Debt in Equity. But if an Injunction be awarded, and disobeyed in that case. Then no money shall be brought in, or deposited, in regard of the contempt.  
Injunctions for Possession are not to be granted before a Decree, but where the Possession hath continued by the space of three years passed before the Bill exhibited, and upon the same Title, and not upon any title by leave, or determined.  
In case where the Defendant sits all the process of contempt, & cannot be found by the Sergeant at Arms, or resists the Sergeant, or makes reskues, a Sequestration shall be granted of the Land in question, and if the Defendant do not render himself within the year, than an Injunction shall be granted for the Possession.  
Injunctions against felling of Timber, Or ploughing up of ancient Pastures, or for the maintaining of Enclosures, or the like, shall be granted according to the circumstances of the case, but not in case, where the Defendant upon his answer, claimeth a state of Inheritance, except it be where he claimeth the Land in trust, or upon some other special ground.  
Injunctions shall be inroled, or the Transcripts thereof be filed.   

Order.  
WHere any Order shall be made against the general Rules of the Court: There the Register shall plainly and expressly set down the particular reasons and grounds, moving the Court to vary from the general rule.  
No Order of the public court is alterable upon Petition: vide in the Title Petition.   

Register: Order.  
The Registers are to be sworn.  
If any Order shall be made, and the court not informed of the last martial Order formerly made; No benefit shall be taken by such Order, as being granted by abuse, and surreption: And to that end the Register ought duly to mention the last former Order in the present Order.  
No Order shall be explained upon any Petition, but only in Court as they are made, and the Register is to set down the Orders, as they are pronounced by the court, truly, at his peril, without troubling the Lord Keeper, or Lord Chancellor; by any private attending of him, to explain his meaning, And if any explanation be desired, It is to be done by public motion, where the other party may be heard.  
No draught of any order shall be delivered by the Register to either party, without keeping of a copy by him: to the end that if the Order be not entered; Nevertheless, the Court may be informed what was formerly done, and not be put to a new trouble, and to the end also, that knowledge of Orders be not kept back too long from either party, but may presently appear at the Office.  
Where a cause hath been debated upon hearing of both parties; And opinion hath been delivered by the Court; and nevertheless, the cause referred to Treaty: The Registers are not to omit the opinion of the Court in drawing of the Order of Reference, except the Court do specially declare, That it is to be entered without any opinion either way.  
In which case, nevertheless, the Registers are out of their short Notes, to draw up some more full remembrance of that which passed in Court, to inform the Court if the cause come back, and cannot be agreed.  
The Registers upon delivery of the draught of any Order, unto the counsel of either party, are not to respect the interlineations, or alterations of the said counsel (be the said counsel never so great) further then as to put them in remembrance of that which was truly delivered in Court; and so to conceive the Order upon their Oath and duty, without any other or farther respect.  
The Registers are to be careful in the penni●… and drawing up of Decrees; And especially in matters of difficulty and weight: And therefore when they present the same to the Lord Keeper or Lord Chancellor, They ought to give him understanding which are such Decrees of weight, that they may be read and reviewed, before his Lordship sign them.   

Decrees.  
THe Decrees granted at the Rolls, are to be presented before the Lord Keeper, or Lord Chancellor for the time being, with the Order whereupon they are drawn, within two or three days after every Term.  
NO Drecree shall be reversed, altered, or explained, being once under the Great seal but upon Bill of review, and no bill of review shall be admitted, except it be upon error in Law, appearing in the body of the Decree, without farther examination of matters in Fact, or he shall show some new matter which hath risen in time after the Decree, and not any new proof which might have been used when the Decree was made.  
Nevertheless, upon new proof which is come to light since, and after the Decree made, & could not possibly have been used at the time when the Decree passed, a Bill of Review may be granted by the special Licence of the Court, and not otherwise.  
In case of mis-casting, being a matter Demonstrative, a Decree may be explained, and reconciled by an order without Bill of review.  
Where note, that by the word Mis-casting, is not intended any pretended Mis-casting, or mis-valuing, but only error in the Auditing, or numbering.  
No Bill of review shall be admitted, or any other new Bill to change matter decreed, except the Decree be first obtained, and performed: And if it be for Land, that the possession be yielded: If it be for money, that the money be paid, If it be for evidence, that the evidence be brought in; and so in other cases which stand upon the strength of the Decree alone.  
But if any act be desired to be done, which extinguisheth the parties right at the Common Law (as making of Assurance or Release: Acknowledging of satisfaction, Cancelling of Records or Evidence, and the like) Those parts of the Decree are to be spared, until the Bill of review be determined: But such sparing is to be warranted by public Order made in Court.  
No Decree shall be made upon pretence of equity, against the express provision of an Act of Parliament.  
Nevertheless, if the construction of such act of Parliament, hath for a time gone one way in general opinion and reputation; and after by a latter judgement hath been controlled: Then Relief may be given upon matter of equity, for cases arising before the said judgement: because the subject was in no default.  
Imprisonment for breach of a Decree is in nature of an Execution, and therefore the custody ought to be strait, and the party not to have any liberty to go abroad, but by special licence of the Lord Keeper, or Lord Chancellor being: But no close imprisonment is to be but by express order for wilful and extraordinary Contempts and disobedience (as hath been used.)  
In case of obstinate disobedience, in the breach of a Decree, an Injunction is to be granted Sub poena of a sum: and upon affidavit, or other sufficient proof of persisting in contempt, Fines are to be pronounced by the Lord Keeper, or Lord Chancellor in open court, and the same are to be estrated down into the Hannaper by special order.  
In case of a Decree made for the possession of Land, a Writ of Execution goeth forth, and if that be disobeyed; Then Process of Contempt, according to the course of the Court, is to go forth against the person, unto the commission of Rebellion; and then a Sergeant at Arms by special Warrant: and in case the Sergeant at Arms cannot find him, Or he be resisted, Or if he upon his commitment do persist in his disobedience, an Injunction is to be granted for the possession, and in case that it also be disobeyed, Then a commission is to be made to the Sheriff, to put his adversary into possession.  
Where the party is committed for breach of a Decree, He is not to be enlarged, until the Decree be fully performed in all things which are to be done presently.  
But if there be other parts of the Decree to be performed at days or times to come: Then he may be enlarged by order of the Court, entering into Recognizance with Sureties for the performance de futuro, but not otherwise.  
Where causes come to hearing in Court; No Decree bindeth any person, who was not served with Process ad audiendum judicium, according to the course of the court; Or did appear gratis in the Court.  
No Decree bindeth any one that cometh in bona fide, by Conveyance from the Defendant before the Bill exhibited; And is made no party either by Bill or by Order.  
But where he comes in Pendente lite, and while the Suit is in full prosecution, and without any colour of allowance, or privity of the Court; There regularly the decree bindeth:  
But if there were any intermission of suit; Or the court were made acquainted with the conveyance, The Court is to give order upon the special matter, according to justice..  
Where a Decree is made for a Rent to be paid out of Land; Or a sum of money to be levied upon the profits of Land; There a Sequestration of the same Land being in the Defendants hands, may be granted upon the Decree.  
Where the Decree of the Provincial counsels; Or the Court of Requests, or the like, are by contumacy or other means interrupted: There the Court of Chancery, upon a bill preferred for corroboration of the Decrees of that jurisdiction, shall give remedy.  
Where any cause comes to Hearing here, which hath been formerly Decreed in any other of the King's Courts of justice at Westminster; Such Decree shall be first read; and then this court shall proceed to hear the rest of the evidences on both sides.  
Decrees upon Suits brought after judgement, shall contain no words to make void, or weaken the judgement: But shall only correct the corrupt conscience of the Party, And rule him to make Restitution, of to perform other acts, according to the equity of the cause.   

Bill of review.  
DEcrees are not to be reversed, altered, or explained, being once under the Great Seal, but upon Bill of review.  
Bill of review shall not be admitted, except the Decree be first obeyed and performed.  
No Bill of review shall be put in, except the party that prefers it, enter into Renognizance, with Sureties for the satisfying of Costs and Damages for the delay, if it be ●…ound against him.   

Reference, Report.  
NO Reference upon a Demurrer, or question touching the jurisdiction of this Court, shall be made to the Masters of the Chance●…y, But such Demurrer shall be heard and ruled in the Court, or by the Lord Keeper or Lord Chancellor himself.  
For the confirming or ratifying of any Report, No Order shall be made, without day to be given, by the space of a Seven-night (at least) to speak unto it in Court.  
No Reference shall be made to any Master of the Court, or any other Commissioner or Commissioners, to hear and determine, where the cause is gone so far as to examination of Witnesses: Except it be in especial cases of Parties near in blood, or of extreme poverty, Or by consent:  
And generally, References of the state of the cause, are to be sparingly granted; except it be by consent of the parties.  
No Report shall be respected in Court, which exceedeth the Warrant of the Order of reference which leadeth it.  
The Masters of the Court are required, that by Report they do not certify the estate of the cause; as if they would make Breviates of the Evidence on both sides, which doth little ease the Court; But that they do it with some opinion; Or otherwise, in case they think it too doubtful, to give opinion therein; And thereupon they are to make such special Certificate; and the cause is to go on to a judicial hearing, without respect had to the same.  
If both parties consent to a Reference for the examination of Accounts, to make the Cause more ready for hearing, it may be granted. But generally, matters of Account excepting in very weighty Causes, are not fit for the Court, but are to be prepared by Reference, with this provision nevertheless; That the Causes come first to a Hearing, and upon the entrance into a Hearing, they may receive some direction, and be turned over to be considered and prepared.  
The like course of Reference is to be taken for the examination of Court Rolls, upon any Customs; and the Copies shall not be referred to any one Master, but to two Masters at the least.  
No Reference shall be made of the Insufficiency of any Answer, without showing of some particular points of the defects thereof; And not upon surmise of the Insufficiency generally.  
Where a Trust is confessed by the Defendants answer, there needeth no farther hearing of the cause, but a Reference presently to be made of the Accounts, and so they are to go on to the hearing of the accounts.   

Dismission.  
WHere causes are dismissed upon full Hearing, and the Dismission signed by the Lord Keeper or Lord Chancellor, such causes shall not be retained again, neither shall any new Bill be admitted, except it be upon new matter, like unto the case of the Bill of review.  
In case of all other Dismissions, which are not upon Hearing of the Cause, If any new Bill be brought, the Dismission is to be pleaded; and after Reference and Report of the Conents of both Suits, 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 justice and the nature of the case.  
All suits grounded upon Wills Nuncupative, Leases paroll, Or upon Long Leases, that tend to the defeating of the King's Tenors, Or for the establishing of the Perpetuities, Or granted upon Remainder over unto the Crown, to defeat purchasers; Or for Brocage, or Rewards to make marriages, Or for bargain at play; o●… Wagers for bargains for Offices, contrary to the Statute of the Second of Edward the sixth; Or upon contracts for Vsu●…ie or Simony, are Regularly to be dismissed upon motion, if they be the whole matter of the Bill; and there be no special circumstances to move the Court to allow them a proceeding.  
And all Suits under the value of ten powds, are regularly to be dismissed.  
Dismissions are properly to be paid and had, either upon hearing, or upon Plea unto the Bill, when the cause comes first into the Court.  
But Dismissions are not to be prayed after the parties have been at charge of examination of witnesses, except it be upon special cause.  
If the Complainant discontinue prosecution, after all the Defendants have answered, above the space of one whole Term, the cause is to be dismissed of course, without motion.  
But after Replication is put in, the cause is to be dismissed without motion and order of the Court.  
For double vexation, the cause may be dismissed.  
Where causes are removed by special Certiorare, upon a Bill containing matter of equity, The complainant is upon receipt of his writ, to put in Bond to prove his suggestions within fourteen days after the receipt, which if he do not prove, then upon certificate from either of the Examiner's, presented to the Lord Keeper or Lord Chancellor, the cause shall be dismissed with costs, and a Procedendo shall be granted.   

Demurrer.  
DEmurrers and Pleas which tend to the discharging of any Suit, shall be heard first upon every day of Orders, that the Subject may know, whether he shall need to give further attendance or no.  
A Demurrer is properly upon matter defective contained in the Bill itself: or foreign matter.  
But a Plea is of foreign matter, to discharge or stay the Suit, (as)  
That the cause hath been formerly dismissed.  
That the Complainant is utlawed.  
That the Complainant is excommunicate.  
That there is another Bill depending for the same cause,  
Or the like.  
And such Plea may be put in without Oath, in case where the matter of Plea appears upon Record, but if it be any thing which doth not appear upon Record, than the Plea must be put in upon Oath.  
No Vtlary shall be allowed, without pleading the Record sub pede Sigilli: Nor Plea of Excommunication without the Seal of the Ordinary.  
Where any suit appeareth upon the Bill to be 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.   

Answer.  
WHere an Answer shall be certified to be insufficient, The Defendant is to pay costs.  
And if a second Answer be returned insufficient in the points before certified for insufficient, than he shall pay double costs.  
And upon the third like case, treble costs.  
And upon the fourth, quadruple costs, and then to be committed also till he shall have made a perfect and sufficient answer, and he shall be examined upon Interrogatories, touching the points defective in his answer.  
But if any answer be certified to be sufficient, than the Complainant is to pay costs.  
No insufficiency of answer can be taken hold of, after Replication put in, because it is admitted for sufficient by the Replication.  
An answer to a matter charged as the Defendants own fact, must be direct, without saying that It is to his remembrance, or as he believeth, If it be laid down to be done within seven years before.  
And if the Defendant do deny the Fact: Then he must traverse it directly, and not by way of Negative pregnant.  
As if a fact be laid to be done with diverse circumstances; The Defendant may not Trau●…rse it literally, as it is laid in the Bill: But he must Traue●…se the point of substance.  
So as if he be charged with the receipt of an hundred pounds; He must Traverse that he hath not received an hundred pounds, or any part thereof. And if he have received any part of it, he must set down what part he hath received.  
If a Hearing be paid upon Bill and answer: The answer must be admitted to be true in all points.  
And a Decree ought not to be made, but upon hearing of the answer read in Court.  
Where no Counsel appears for the Defendant at the Hearing; and the Process appears to have been served; the Answer of such Defendant is to be read in Court.  
No new matter is to be contained in any Replication, except it be to avoid matter set forth in the Defendants Answer.    

Other things Promiscuously laid together.  
ALL Copies in Chancery shall contain fifteen Lines in every Sheet thereof, written orderly, and unwastefully, unto which shall be subscribed the name of the principal Clerk of the Office where it is written, or his Deputies name, for whom he will answer. For which only Subscription, no Fee at all shall be taken.  
All Commissions for Examination of Witnesses, shall be super Interrogatorij inclusis, or Interrogtaories enclosed only: And no return of Depositions into this court shall be received; but such only, as shall be either comprised in one Roll, subscribed with the names of the Commissioners; or else in diverse Rolls, whereof each one shall be so subscribed.  
If both parties agree in a commission, And upon warning given, the Defendant bringeth his commissioners, but produceth no Witness, nor Ministereth Interrogatories, but afterwards seeks a new commission, the same shall not be granted.  
But nevertheless (upon some extraordinary excuse made for the Defendants default, he may have liberty granted unto him by his especial order to examine his Witnesses in court, upon the former Interrogatoris, giving to the complainant or his Attorney notice that he may examine also if he will.  
The Defendant is not to be examined upon Interrogatories, except it be in very special cases, by express order of the court, to sift out some fraud or practice, pregnantly appearing to the Court: Or otherwise upon Offer of the complainant, to be concluded by the answer of the Defendant, without any liberty farther to disprove such answer, or to impeach him afterwards of Perjury.  
Decrees made in other courts, may be read upon Hearing, without any Warrant by special order.  
But no Depositions taken in any other Court, are to be read but by especial order.  
Regularly the Court granteth no Order for reading of for●…eigne Depositions; except it be between the same parties, and upon the same Title or cause of suit.  
No examination is to be had of the credit of any Witness; but by special order, which is likewise sparingly to be granted.  
Where it shall appear the complainant had not cause of suit, he shall pay to the Defendant his utmost costs, to be assessed by the Court.  
If any Bill, Answer, Replication, or Rejoinder shall be found of an immoderate length, both the party who put it in, And his Counsel under whose hand it past, shall be fined by the Court.  
If there be contained in any Bill, Answer, or other Pleading, or any Interrogatory; any matter libellous, or slanderous against any person that is not party to the suit, or against such as are parties to the suit upon matter impertinent, or in Derogation of the settled Authority of any of his Majesty's Courts; Such Bills, Answers, Plead, or Interrogat●…ries, shallbe taken off the File, and suppressed; And the parties shall be severely punished by commitment, or Ignominy, as ●…hall be thought fit for his abuse of the Court: And the Counsellors at Law who shall set their hands to the same Bills, Answers, Plead, or Interrogatories, shall likewise receive reproof, or punishment, if cause be.  
No Scire facias sha●…l be awarded upon Recognizances not enrolled, Nor upon Ren●…gnizances enrolled, unless it be upon examination of the Record with the Writ,  
No Recognizances shall be enroled after the year, except it be upon special order of the Lord Keeper or Lord Chancellor being.  
No Writ of Ne exeat regna, Prohibition, Consultation, Statute of Northampton; Certiorare special, or Procedendo special, or Certiorare, or Procedendo general, more than once in the ●…ame cause; Nor Habeas Corpus, or Corpus cum causa, De vi ●…aica amovenda, or Restitution thereupon, Or de Coronatore & viridario elegendo, De homine replegia●…do, Assistas special, De bellino amovendo, Certiorares super praesentationibus factis coram Commissionar. Sewars, or ad quod damnum, shall pass without warrant under the hand of the Lord Keeper or Lord Chancellor, being signed by the one of them, Excepting only such writ's o●… ad quod damnum, as shall be signed by his Majesty's Attorney General.  
Writs of Privilege would be reduced to a good and fitting rule, for number of persons privileged, and the case of Privilege.  
The number would be set down by Schedule.  
For the case, It is to be understood, That besides the persons privileged as Attendants upon the Court; Suitors and Witnesses are only to have privilege eundo, redundo, & morando, for their necessary attendance, and not otherwise. And that such Writs of privilege do only discharge an Arrest upon the first Process.  
And yet where the party 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 Supplitavit for the Good behaviour shall be granted, but upon Articles grounded upon Oa●…h at least, or upon a Certificate of any one justice of Assize, or two justices of the Peace, with Oath that it is their hands, Or it may be granted by order of the Star-chamber, or Chancery, or other of the King's Courts.  
No Recognizance of the good behaviour and the Peace taken in the country, and certified into the Petty-Bagge, shall be filed within the year, without special Warrant.  
Writs of Ne exeat regna, are properly to be granted, according to the suggestion of the Writ; In respect of Attempts, prejudicial to the King and State: In which cases, the Lord Keeper, or Lord Chancellor will grant them, upon the prayer of any of the Principal Secretaries, without cause showing; Or upon such Information as his Lordship shall think to be of weight.  
But otherwise also they may be granted according to the ancient practice used in case of Interlop●…rs in Trade, Great Bankrupts, in whose estate many Subjects are interested; or in other cases that concern multitudes of the King's subjects, And also in case of Duels, and some other cases.  
All Writs, certificates, and whatsoever other Process returnable Corum Rege in Cancellara, shall be brought into the chapel of the Rolls, within convenient time after the Return thereof; And shall be there filled upon their proper files and bundles as they ought to be, and as the practice hath been heretofore, except only the depositions of the Witnesses, which may remain with any of the six clerks, by the space of one year next after the cause in court shall be either determined by Decree, or otherwise dismissed.  
All Injunctions with their Transcripts shall be likewise inroled, as heretofore was used.  
All days given by the court to Sheriffs to Return their Writs, Or to bring in their Prisoners upon Writs of privilege, or otherwise be 'tween party and party unprivileged, shall be filled either in the Registers Office, or in the Petty-Bagge respectively.  
And all Recognizances taken to the King's use, or unto the courts, shall be enroled in convenient time with the clerk of the Enrolment, And calendars shall be made of them, and the said calendars shall be presented every Michaelmas Term to the Lord Keeper or Lord Chancellor being.  
In case of Suits upon the Commission for Charitable uses to avoid charge, there shall need no Bill, but only Exceptions unto the Decree: and Answer is to be made forthwith thereunto and thereupon: And then upon sight and perusal of the Inquisition, and the Decree brought unto the Lord Keeper or Lord Chancellor, by the Clerk of the Petty-Bagge; His Lordship will give order under his hand, for an absolute Decree to be drawn up.  
Upon suit for a Commission of Sewers, the names of those that are desired to be Commissioners, are to be presented to the Lord Keeper or Lord Chancellor in writing, And then his Lordship will send their names to some Privy Counsellor, or the Lieutenant of the County, or some justice of Assize, residing in those parts for which the Commission is prayed; To consider of them, That they be not put in for private ends: And upon the Return of such opinion, his Lordship will give farther order for the commission to pass.  
No new Commission for Sewers shall be granted while the first is in force, except it be upon discovery of abuse or fault in the first Commissioners, or otherwise upon some great and weighty ground.  
No Commission of Banquerupts shall be granted but upon Petition made to the Lord Keeper or Lord Chancellor, and the names of those that are desired for Commissioners shall be presented therewithal: Of which his Lordship will take consideration, and always join some persons learned in the Law, with the rest that shall be allowed; yet so as care be taken, that the same persons allowed, be not too often used in such Commissions, And likewise, that Bond be given with good Sureties, of the penalty of two hundred pounds at least, to prove the party against whom the Commission is sued forth, to be a Bankrupt.  
No Commission of Delegates in any case of weight shall be awarded, but upon Petition preferred to the Lord Keeper or Lord Chancellor, who will name the Commissioners himself; to the end, that they may be persons of fitting quality, having regard to the weight of the Cause, and the dignity of the Court from whence the Appeal is.  
Any man shall be admitted to defend in forma pauperis upon Oath:  
But the complainants are ordinarily to be referred to the Court of Requests;  
Or to the Provincial Counsels, if the case arise in their jurisdictions;  
Or to some Gentlemen in the Country, except it be in some special cases of commiseration, Or potency of the adverse party.  
Suits after judgement, must be brought, according to his Majesty's Order being upon Record.  
Licences to collect for losses by Fire or by Water, are not to be granted but upon good Certificate; And they are rarely to be renewed; And they are ever to be directed unto the County where the loss did arise, if it were by Fire, and the Counties adjoining unto it as the case shall require: And if it were by Sea, Then, unto the County where the Port is from whence the Ship went, and to some Counties adjoining.  
No Exemplification shall be made of any Letters Patents inter alia, with omission of the general words; Nor of Records made void or Canceled; Nor of the Decrees of this Court not Enrolled; Nor of Depositions by parcels or fractions, omitting the residue of the said Depositions; Nor of Depositions in Court, to which the hand of the Examiner is not subscribed; Nor of Records of the Court, not Enrolled nor filed; Nor of Records of any other Court, before the same be duly certified to this Court, and orderly filed here; Nor of any Record upon sight and examination of any Copy in Paper; But upon sight or examination of the Original.  
I will withal set down the very words, with which the Author concludes these last recited Orders; because you may accordingly give them extent, dimension, and valuation.  
The Words are these, (viz.)  
BEcause Time and Experience may discover some of these Rules to be inconvenient; And some other fit to be added hereunto; Therefore his Lordship intendeth in every such case, from time to time, to publish such Revocations or Additions, as they shall offer themselves.  
Howsoever I take it, there is not much alteration had in them; it may be there is some Addition: But for the Roller side (as unto the making of Decrees, and granting of Injunctions) which was heretofore exercised alike there, as in Court, or on the Lord Keeper's side (which I conceive grew by the connexing of the Lord Keeper's Office, and Master of the Rolls in the same person) I cannot say how the case stands at this present, having withdrawn myself now these seven years past, from any practice in the Laws in any kind.  
And because the Confirmation of Ordinances and by-Lawes, made for the better government of Societies Incorporate, do for the most part pass 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 only the path of a very few travelliug in the Laws; I think good to write according to mine own Practice therein (as followeth.)  
IF a Corporation be newly erected, and is to have also Ordinances de novo, made for the better government of their Company, or Body: They must first make a perfect draught of them by advice of Counsel in a Paper-booke.  
Your Counsel would be both learned in the Laws of the Land, the Prerogative of the King, the Subjects right; and the Privileges, Powers and Customs of the great body of the City, or Town corporate, wherein you are sub incorporated as Brethren of a Trade, Mystery, or Occupation.  
For any Ordinances made either against the Laws of the Land, or the Prerogative, are not only void in themselves, but farther punishable in those who execute them, notwithstanding any confirmation whatsoever. And therefore commonly in all Patents and Charters of Incorporation, there is a special clause of proviso in this point and to this purpose.  
And I do herein indigite at two manner of Ordinances, under which the Commonalties of corporation do much groan and complain their pressures.  
The one is a presumption and intrusion upon the Birthright of a Freeborn Subject (viz) the Imprisonment of their bodies, for breach of an Ordinance of their company (a thing most unlawful, and unreasonable, and yet too frequently practised by too many of them.) For colour whereof, I have seen a Warrant Dormant lying in the Halls of some companies; under which they subscribe the names of whom they list to commit; and then deliver him to an Officer, who attends them at their Court for the purpose; and so it is not pretended to be their own act, but the will and commandment of a greater Magistrate.  
Or an Intrusion upon the Subject's Birthright, by denying him to seek Law and justice before the King the Fountain of justice, in his Court at Westminster.  
Or to set up and use his Trade, after he hath arrived at his Freedom by honest service, according to the Laws of the Land, and the ancient custom of the place.  
Or to take a House for his best convenience, advantage and accommodation of his Trade:  
Or the like.  
The other Agreevance which I point at, is a Consumption and effusion of the purse and estate of the Subject, by grievous Fines, Amercyaments and Impositions, and by laying of Offices upon them, which draw great expense, in Feasting and profuseness; of which I shall take occasion in a more fitting place, to speak and write at more liberty.  
I proceed with my Direction in the passing of any such Ordinances.  
The Paper book being perfected by such able Counsel, you are to draw your Petition in the names of the Master and Wardens, in name, and in the behalf of the whole Company, to be directed and delivered with the said Book to the Lord Keeper or Lord Chancellor, desiring; Where as it hath pleased his Majesty so to Incorporate you, and to give you power to make Orders and Constitutions for your better government; which Orders are by the Statue of the nineteenth of King Henry 7. to be perused, examined, and allowed, by the Lord Keeper, Lord Treasurer, and the two Lord Chief justices of either Bench, or three of them at least, which provision you are ready to observe and perform on your parts.  
It may therefore please his Lordship to give order to the two Lords chief justices, to peruse, examine, and make the same fit and worthy the confirmation and allowance of his Lordship, and themselves, etc.  
hereupon, his Lordship give order under your Petition: That the two Lords chief justices do accordingly peruse, examine and make them fit, as is desired.  
They the said Lord chief justices do by virtue of that Order and Warrant peruse the same; and after they have so altered, added, or sustracted, as they shall think fit.  
Then their Lordships give order to one of their own Clerks, to write them over fair again into a Paper book coppy-wise. Which when they have exactly examined with the former so by them reform, They subscribe the same, and send them sealed up back again to the Lord Keeper: who upon the opening thereof, and sight of the approbation of the Lords chief justices, doth likewise give order in writing, at the Foot of the said Book subscribed with his hand, That the same be forthwith faithfully engrossed in Parchment (and in the Chancery hand) by such an one as it shall please the two Lords chief justices to appoint thereunto. And that they give him testimony of the due performance thereof, by the confirmation of the same under their several hands and Seals, and so the Lord Keeper seals the Book up again, and returns it to the Lords chief justices, who give direction for the engrossement, according to the order aforesaid.  
And when the same is so engrossed, and examined with the Paper book, they set their several hands and Seals thereunto, and deliver it to yourselves, to carry to my Lord Keeper, Upon sight whereof, he useth also to Seal and subscribe the same.  
But I pity the case very much, that there is no Enrolment, Record, or Register of any such Ordinances kept in any place, the rather for so many thousands of people are governed by them, being Law to which they can have no recourse, nor can consquenyly take the true measure, by which they should fashion their manners, to sit smoothly to the body of their Ordinance.  
It is not the reading of them once in a year in parcels and cursorily, can take impression in the most learned of them (if there be any such) much less in the general sort.  
I hope that succeeding times will look into this evil, even in the greatest bodies incorporate, and give it a fitting redress.  
And so much shall suffice for such Ordinances.  
I now return to my other scattered pieces which I have gathered together, and fasciculated into the little bundle Following.   

Instruction how to sue a Recognizance taken in Chancery.  
IF you would sue a Renognizance that is taken here,  
When it is Forfeited, you are to bring a Copy of the same to one of the Clerks of the Pettie-Bagge; And he will thereupon make you two Writs of Scire facias: The one of a Return past (if you will:) and the other of a Return to come. These you must deliver to the Sheriff of Middlesex, who will return them, as the Law requireth him to do in this case.  
And when they are returned, you are to carry them again to the Petty-Bagge.  
And to retain one of the Clerks there to be your Attorney herein.  
And then give the Defendant a day to appear: which if he do not accordingly, a judgement is to be awarded against him for his said default.  
And if he do appear by the day to him so given; Then are you the Plaintiff to Declare against him the Defendant, and he is to answer and plead to you here, as is used in other Courts of common Law.  
And when you are at full issue upon the Venire facias, you are to have your Witnesses, and this is the utmost extent of the proceeding here in Chancery.  
For then if you will go to Trial, you must have the whole proceeding here written into Parchment; and it must either be sent by the Officer of the Petty-bagge, sealed up to be tried in the King's Bench, or Common pleas, (at your election) or else it may be delivered over un-sealed; by the Lord Keeper or Lord Chancellor, which is agreeable with the words, se propria manu, etc.  
Where note, that there can be no Trial by jury here in Chancery.   

Instruction how to sue a Statue Staple forfeited here.  
IF you will sue a Statue Staple here.  
You must first go to the Clerk of the Staple, and show him the date of your Statute, when it was acknowledged, which may also appear by the Statute itself.  
And then he must make your Certificate thereupon, and seal it up.  
Then are you to go with it to the Clerk of the Crown, and to get him to make the Exigent therein.  
You must deliver to the Clerk of the Crown your Certificate, You must then have your Obligation made; and your Extent to be made and endorsed on the backside, as is used in such cases. This endorsement of the Extent is called the Fine of the Extent, which must be delivered unto the Sheriff: who by virtue thereof is to impannell a jury, to inquire, extend, and apprehend as well the Body, as the Lands, Goods, and Chattels of the party so bounden.  
And when they be so extended into the King's hands; the Sheriff may keep them until you bring him a Deliberate, which you are to have from one of the Clerks of the Petty-Bagge.  
Note also, that it concerns you to take good heed how you sue out this Deliberate. For if there be not sufficient estate or goods extended, wherewith to satisfy your Statute, and you sue your Deliberate of these Lands and Goods, etc. extended, you shall never have more than was so first extended, and delivered.  
Wherefore if you do understand or can conceive that there be more Lands, or Goods, extendible in any other place elsewhere, you are to get them likewise to be extended, and when you have sufficient, to sue out your Deliberate, than you are to deliver up your Statute, before you have your said writ, because otherwise the Clerk of the Petty-Bagge will make you no deliberate at all.   

The way how to sue forth a Writ of Supplicavit, whereby the party sued shall not be released till the party grieved please.  
FIrst you must take your corporal Oath before a Master of the Chancery, that you do not desire it for any Malice, Hatred, or Enuey to the party: but for your own quietness, and safety; Whereupon you shall have a warrant to lead your said Supplicavit, and thereupon consequently the writ itself, so soon as the same may be written and sealed.  
After you have the same granted, you may sue out of the Chancery a Writ of Certiorare, which you should use in this manner, (viz) When you have delivered your Supplicavit to have a Warrant thereupon for the arresting of the person sued, and have got him likewise arrested, you must keep your Certiorare very secret and unknown unto him, till he have put in Bond or Recognizance thereupon, with Sureties (as the case requires.)  
For if he take notice of it, Then he will lie in Prison until he have procured a Supersedeas unto your Supplicavit; which if he do, your Certiorare is of no force or use. Wherefore it concerns you to have care herein:  
And when the party is Arrested, and hath put in Sureties, to the Sheriff or justice, who granted the Warrant upon the Writ; And the party hath given Bond with Sureties; Then do you deliver your said Certiorare unto them that took the Bond, And thereupon they are tied to certify the same up accordingly.  
So consequently shall he stand bounden in such manner, until you please of your own accord to release him.  
This hath been a practice very frequent heretofore, And yet it appeareth by an especial order made of purpose to obuiate this course, which Order I have before recited in these collections, There was both care and provision taken, for redress and reformation, in this particular case.   

Instructions how to sue forth a Supersedeas upon the former Writ of Supplicavit, or the like writ.  
FOr that it cannot be known but by search and expense to the party against whom the Writ for Peace or good Behaviour is sued forth, In what Court the same is so sued, until he be arrested for the most part; whether it be out of the Chancery, or the King's Bench: wherefore to avoid that evil of being bound, He may sue forth and have his Supersedeas ever in readiness about him, if he suspect any such practice be intended against him (as afore said.)  
The Supersedeas must be sued forth thus, (viz.)  
You shall rather in the Chancery, then on the King's Bench side, enter into Bond with Sureties gratis, with condition that you shall keep the King's peace, or be of the good behaviour, during such time as for which you shall so bind yourself, and as the occasion shall require: For if you suspect that your Adversary will have the Writ only to bind you to the Peace, than a Supersedeas will serve only for the Peace; if for the good behaviour, than your Supersedeas must be for the good behaviour; if both, for both.  
When you have so bound yourself with Sureties; or Sureties in your absence have so undertaken (as your Manucaptors) for you before a Master of the Chancery; You may have Warrant, And upon the Warrant, your Writ of Supersedeas, so soon as the same may be written and sealed.  
And for your better ease, and direction in any of these cases of suing forth a Supplicavit or Supersedeas; inquire for, and address yourself to the proper Clerk of the Supplicavit Office, which is ever kept, in or near unto Chancery Lane, and at this instant, at the Rainbow near to the Inner Temple gate.  
I do advise you to sue forth your Supersedeas, rather out of the Chancery than the King's bench, for these reasons, (viz.)  
The condition of your Bond in Chancery doth not tie you to make any appearance at the determination of your time limited for Peace or behaviour, But in the King's bench it doth:  
And if you do not appear there accordingly, your Bond is duly estreated; & now more strictly prosecuted then ever heretofore:  
Besides, if you do appear according to the condition of your Bond, there is then a great charge which falls upon you of course, for the withdrawing of your Bond, which dies in Chancery; or at least, it requires no retraction there:  
Besides, the Supersedeas is in some case more potent, being taken out of the Chancery, than out of the King's Bench: For notwithstanding the Writ to bind, be taken out of the Chancery, and bear Test before, yet the Supersedeas out of the Chancery, is sufficient against it howsoever: But I make question whether the Supersedeas of the King's Bench, will overrule the Supplicavit of the Chancery bearing date before it, or no? I am persuaded (and as I remember) I have met the experience of the privilege of Priority in the Chancery Writ, in this Kind: Nevertheless I leave it to the farther consideration of him that desires to buy a farther experience with farther expense herein.  
Note also that you may have your Supersed●…as to supersede one, or more, or all persons whatsoever at your own election.  
And so much for Writs of Peace and Behaviour.  
FOr the Amplitude of this Court, you shall note, that it extendeth itself into a larger dimension than Smiths Common Wealth does demonstrate, both in limnes and livelihood; especially in those two members of it, (viz.) the Pettie-Bagge and Cursitorie; in both which, that Book doth scent it overmuch:  
For besides Offices post mortem, which is only attributes to the Pettie-Bag: This Office hath  
The making out of all Writs of Summons to the Parliament:  
All Latin Plead of the Chancery, concerning the Question of any Patent or other thing whatsoever which passeth the great Seal:  
Or whatsoever private Deed between Subictes, which is acknowledged in Chancery, before the Lord Keeper, the Master of the Rolls, or any the Masters of Chancery.  
With Statutes and Recognizances taken in this Court:  
Or transmitted hither.  
With all suits for, or against any person privileged in the Chancery.  
Besides, it is a hand whereby to transmit diverse things from the Riding Clerk and the Enrolment Office, to the Chapel of the Rolls.  
And briefly, it hath such variety of business, that the place requires more learning and ability of Clerkshippe then any other Office, save that of Prothonotaries of the Common Pleas only, (in my opinion.)  
And for the Cursitors of the Chancery, They make both the original Writs of the Chancery, and of the Common Pleas: The Originals of which Court of Common Pleas, I refer to the proper place, where I shall have more occasion to speak of them hereafter.  
These Cursitors were incorporated by Queen Elizabeth, by the name of the four and twenty Cursitors: amongst whom, the business of the several Shires is severally distributed, and therefore you must, in all cases where your suit is local and tied to the certain County, address yourself to the proper Cursitor of the same.  
If any Suit depend before any Sheriff in his Turn or County Court, you may have! a Writ of Chancery from the Cursitor of that County; called a Recordare, to remove it.  
If it lie in a Court Barron, your Cursitor will call it away with an Accedas ad Curiam.  
If it lie in a Town corporate, he will remove it with a Certiorare returnable in Chancery (as aforesaid,) which may be made of course, without any Bill exhibited.  
And a Procedendo may be also made presently thereupon, before the Return of the said Certiorare, and that of course likewise.  
And also a second Certiorare and a second Procedendo thereupon may be made, But the second Procedendo should be upon a Bill exhibited, showing good cause of equity why the complainant should be relieved.  
And upon Bond given by the complainant or some other for him, with condition that the complainant shall prove the contents of the said Bill, the Court of Chancery doth often grant a special Certiorare, signed with the hand either of the Lord Keeper or of the Master of the Rolls for the time being.  
And the condition of this last receited bond, gives the Obligor only the liberty of fourteen days to prove the contents of the Bill, which fourteen days must commence from the date of the return of the said Certiorare to be granted, (as aforesaid.)   

The Fees of proceeding in Chancery follow.  
 l. s. d. SVb Poena Writ to answer 0 2 6 If there be three in the Sub poena, you pay six pence the more. tot. 0 3 4 This Sub Poena may be served in any liberty whatsoever, So cannot an Attachment.    The charge of drawing your Bill in the next which your counsel at Law, must do according to the Instruction which you shall give him of the true estate of the cause. His Fee is at the least. 0 10 0 For the engrossing of your said bill four pence a sheet at the least 0 0 4 a sheet. The copy inde, two pence a sheet at the least. 0 0 2 a sheet. The Attournyes Fee when you put it in, which is for the whole Term, 0 3 4 The writing of the Oath made that the Sub poena was served, 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 up with the Sheriff. 0 2 0 The Return of that Attachment. 0 0 4 The Proclamation of Allegiance upon the same. 0 2 10 The breaking of it up with the Sheriff. 0 2 0 The Return of that Proclamation. 0 0 4 The Commission of Rebellon. 0 18 2 The Rule which the complainant gives to the Defendant to make answer by a certain day, in case where the Defendant doth appear. 0 0 4 The Attachment, The Proclamation, Commission of Rebellion. For not answering as in case for not Appearing. as aforesaid    The Defendants Appearance. 0 4 4 This is also his Attorneys Fee, for the whole Term. 0 Feod. Attourn  The copy of the Bill, at eight pence the sheet. Eigh●… pence the sheet.    His counsels Fee for drawing of his Answer; according to his direction, at the Least. 0 10 0 l. s. d. For engrossing of this answer, at four pence the sheet at the least. 0-foure pence a sheet.    For Copy of this answer, at two pence the sheet at the least. 0▪ two pence a sheet.    For the Oath made that this answer jam true. 0 0 4 For every Defendant 4. d. pro consimil quilibit Def-pro consimil. 0 0 4 For the Commission to take the Answer in the country by Dedimus potestatem. 0 7 10 Besides the engrossing of the bill which is concluded within it every sheet inde, 6. d.   The Sub poena for Costs, given to the Defendant, in case where the complanant doth not put in his bill within the time allowed. 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 joint Commission to examine Witnesses in the Countery, per piece. 0 7 10 A commission ex parte, to examine witnesses in the Country. The party bears both parts of the charge.    l. s. d. For examination of the first Witness here before Examiner's. 0 2 6 For every Witness examined afterwards. 0 ●… 6 For drawing of the Replication, if it be done by Counsel, as in case for the Bill. as for the Bill.    For the Rejoinder. 0— the like.  If there be no new matter in the Replication or the Rejoinder, your Attourueies Clerk 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. every sheet 0 0 8 For Copy of Depositions taken here. every sheet 0 1 0 For a Motion in Court. Counsels Fee.    For the drawing of the Order thereupon cum Cop. every side 0 3 0 For entering of the Order. every side.— 6. d.     

Fees of an Injunction follow.  
 l. s. d. INjunction in all Vijs & modis. 1 2 6   

Fees of a Decree follow.  
FOr a decree the drawing, etc. as in case of an order. Sub Poena to Testify, 0 2 6 Sub Poena to rejoin, 0 2 6 Sub poena to Hear judgement: 0 2 6 For getting the Hearing to be set down. 0 as you can agree with your Attorney. For the Rules to publish the witnesses, being four. per piece 0 4  For copy of Replication, Rejoinder, Rebutter, and Subrebutter, as for copy of Bill or Answer. as aforesaid for Bill and Answer. Sub poena super ordinem, to show cause. 0 7 2 Sub poena of Ducas tecum 0 7 2 Sub poena de executione ordinis. 0 10 0   

The charge of a Supplicavit in Chancery.  
 l. s. d. ITem, the Oath. 0 0 4 Item, the Supplicavit itself 0 5 6 Item, the warrant upon it, vic. 0 2 0 Item, For the Certiorare to certify the Bond taken upon it.— 0 2 6   

Charge of a Supersedeas in Chancery.  
TO the Master of the Chancery for taking of his Bail. 0 2 0 For the Warrant. 0 2 0 For the Writ. 0 5 6 For the Allowance of it. 0 2 0 These said Fees be only of the ease of a single person, and for the peace only.    But if it be of more persons, or for behaviour, as well as the Peace, than the charge is accordingly enlarged.      

The Fees of all original writs sealed in the Chancery.  

A   l. s. d. ACcedas ad curiam. 0 2 7 Admensuratio pasturae. 0 5 7 Ad quod Damnum. 0 7 2 Annual. reddit. 0 1 6 Assis, Cuiusque general. 0 5 6 Attinct. 0 7 2 Audita queraela. 0 7 2 
C  CErtiorare. 0 1 6 Cessavit. 0 2 6 Conspiracy. 0 5 6 Contentione. 0 2 6 Coranator. eligend. 0 7 2 Cui in vita. 0 2 6 Cur claudend. 0 2 6 Comperuit. 0 2 6 Sum. bre. de Covenant. 0 2 6 
D   l. s. d. DIem clausit extremum. 0 2 6 Dedimus potestatem super bre. de Con. Dot. 0 2 6 Speciall-Dedimus potestatem. 0 7 2 Original the Debt & detinew. 0 1 0 
E  Electione firm. 0 2 6 Ejection Custod. 0 2 9 Excommunicate Capiend. 0 7 2 Execut, in De. 0 2 6 Expenc. nullat. 0 7 2 Error in London. 0 7 2 Patent inde. 0 7 2 Elegit. 0 10 0 
F  FAlso judicio. 0 2 6 For. fac. Maritag. 0 2 6 Forma Denationis. 0 2 6 
H  here. Capt. 0 2 6 Con. repleg. 0 5 6 
L  LEproso. amovendo. 0 5 6 Libertat. proband. 0 5 6 Libeatat. allocand. 0 7 2 
M  Moderate. 0 2 6 Maintenand. 0 2 6 Minus. 0 2 6 Monstraverunt. 0 5 6 Mittimus. 0 2 6 Mandamus. 0 7 2 
N  NOcunt. 0 2 6 Non molestand. 0 2 6 Non Omitas 0 5 6 Non Ponend. in Assize. 0 7 2 
O  OFficiar. non faciend. 0 5 6 Ordinar. non seruiend. 0 2 6 
P  PAct. fract.. 0 2 6 Partic. faciend 0 2 6 Paten. bre. de errore corrigend. in Assis: attinct. 0 7 2  l. s. d. Pleg. acquietand. 0 2 6 Pone. 0 2 6 Perambulac. faciend. 0 5 6 Palibus. reparand. 0 2 6 Post desseisin. 0 2 6 Praecipe in Cur. 0 2 6 Procedend. 0 2 6 Prohibition. 0 7 2 Propriat. proband, 0 2 6 
R  Rcte claus, 0 2- 6 Recte patent. 0 2- 6 Redisseisin. 0 7 2 Reparatio Pontium viarum domini. 0 2 6 Repleg. Original. 0 1 6 Rescous. 0 2 6 Recordare 0 2 6 
STV  Significavit. 0 7 2 Bre. de estate. 0 2 6 Sub paena. 0 2 6 Supersed. inde. 0 7 2 Supersed. pro pace. 0 5 6 Supersed. omn. al. 0 5 6 Trans. 0 1 0 l. s. d. Trans. super casum. 0 2 6 Valour Maritagij. 0 2 6 Vasc. 0 2 6 Villat removend. 0 2 2 Vitar. eligend. 0 2 2 
W  WArrantia charta. 0 2 6 Warrantio Diei. 0▪ 5 6 Withernam.— 8▪ 5 6  
And so much for the Original Writs issuing out of the Chancery.  
I Must acknowledge that I have omitted the Records enroled in the Chapel, and those that are either in the hand of the controller of the Seal and riding Clerk, or else in the middle of their journey, travelling over to the Chapel; because they are an homogeneal part of my former Tractate, touching direction for Search of record, which I shall (by God's assistance) both perfect and amplify with my best and first opportunity hereafter. And as I have also ommitted a small collation which I have made out of the Peity-Bagge and other places, of the several Styles of all Towns Corporate in England and Wales, according to their several Patents of Incorporation, with the Styles of all other Ministers of any Courts, to the which any Attorney may have occasion to direct his Writs of Habeas Corpus, and the like in any occasion; Because this last will be a Book of such continual use unto them, that it is only fit to be published by itself in such a small Volume, as may be portable in every pocket. Therefore I do likewise intend to set it forth as a little Cockboat, to this greater vessel, very speedily, it being already finished.  
And thus I conclude with the Court of Chancery, reserving the Fines payable upon original Writs, to the practice of the Court of Common-pleas, because they best know the price of them.    

THE COURT OF REQVESTS: OR, White-Hall at Westminster.  
THis is likewise a Court of Conscience and Equity.  
And the practice thereof is by English Bill, Answer, Replication, and Rejoinder, like to the former in Chancery,  
The form of their proceeding is generally alike.  
Only, This Court, in stead of the leading Writ of Sub paena, useth a Privy Seal:  
Or otherwise to summon such as are nearer hand, by their Messenger and proper Officer of the Court.  
Their Fees in the point of proceeding, are for the most part alike.  
Only in stead of two shillings six pence for Summons by Sub paena, you pay at the least for Summons by Privy Seal. 8. s.  
Or if the Summons be made by the Messenger here in town, you pay to him for his pains. 3s. 4d.  
For every party summoned.— the like  
Besides for his Warrant to do it, what you please as I take it. ad libitum.  
This great burden at the very entrance into a Svite here, doth much hinder the Court, if they would duly consider it.  
And so much for the Court of Request.   

THE COURT OF THE PROVINCIAL COUNSELL OF THE Marches of Wales.  
THis Court of the Provincial Counsel for the Marches of Wales holds the like form of proceeding generally and for the most part, as doth the Chancery before mentioned.  
The greatest difference is in the Leading Process of the same.  
And therefore I shall not need to recite the same thing again, but proceed in   

THE COURT OF THE PROVINCIAL Counsel, established at YORK.  
THis Provincial Counsel follows the course of preceding likewise used in Chancery.  
And for your better direction, that you may understand the Lords Precedents Powers and privileges, in either of the two Provincial places, I refer you to their Instructions remaining on Record in the Chancery, whereby you may be fully satisfied in this point, etc.  
The greatest difference here likewise is in the Leading process.  
And both the Provincial Counsels are often subject to the Prohibitions of the Courts at Westminster, which makes many of both jurisdictions those rather to begin their Suits here, then at their own home.   

THE COURTS OF THE County Palatine of Chester; County Palatine of Lancaster; Couny Palatine of Duresme; AND The Chancery of London; with the Exchequer Chamber West m.  
IN the formality of their proceeding do all imitate the practice of the Chancery, before set forth and declared, admitting only some small mixture of the Common Law in some especial cases.  
And in some things they are led by their proper customs and prescriptions respectively:  
So that he who is a sufficient practitioner in our great Chancery, may be able and worthy the admission into any Court of English proceeding whatsoever or wheresoever.  
I make the next gradation to Courts of Common Law; And both for mine own ease, and the benefit of the Reader, I will begin at the Court of Common Pleas, as the only Leader to all other Courts, for all kind of matters appertaining to the Common Law; Otherwise if I did begin with the King's Bench, for the priority and dignity thereof, I should run into this inconvenience, that I must be forced to repeat the same thing over again in personal actions, and mixed actions; both which the King's Bench admitteth and holdeth, etc.   

THE COMMON-PLEAS PRACTICE.  
FIRST you are to understand of what nature the Action which you would sue to be.  
If it be for Debt upon a Bond, you must take a special care that your Original do agree with the Bond; For otherwise your proceeding will be erroneous.  
And you must make them agree thus: (viz.)  
London: praecipe Rico. Scot nuper de London generos. (alias Dict.) As in the Bond literatim; and in the same words and Letters as the party sued is styled and titled in the Bond. Re. Thom. Smith twenty proved, etc.  
If it be an Action of Trespass, Or an Action upon the Case; Then you must style and title the Defendant whom you sue thus: (viz.)  
London: Si Thomas Smith Fec. etc. Tunc pone, etc. Ricard. Scot in London generos. ostens. quare cum etc. without any alias at all required, to be in such actions.  
When you have made this note of direction, for the drawing up of your Original and leading Writ, you must deliver it to the Chancery man, which is the Cursitor for the Shire where you lay the action, to make this your Original Writ, and to get the same sealed.  
This Original being so made, s●…aled and delivered unto you, yourself may return, except the Defendant whom you sue be a Freeholder of the Shire, where you lay your action.  
If the Defendant be a Freeholder in the Shire where the action is laid: than you must deliver your Original to the Sheriff of the Shire to return it.  
If the Sheriff do return the Defendant sufficient: then soon after the said Return, when the Original is filled, the Plaintiffs Attorney must go to the Office of the Philozer of the said County, and there search and be satisfied whether any Attorney hath appeared for the Defendant or no?  
If the Plaintiffs Attorney do find that the Defendant appeareth, the Plaintiffs Attorney (if he can) or otherwise some one Clerk of the Prothonotaries Office whom he may procure, must draw up his Declaration against the defendant, for which purpose the said Clerk must have the Bond, and take out the writ into the Prothovotaries' Remembrance, and also must know where the Plaintiffs Attorney will have the Obligation to be laid for the Reinde.  
When the declaration is delivered to the defendants Attorney: the Attorney or Clerk for the Plaintiff, is upon demand to show to him the Obligation itself, to the end that he may examine the declaration with the same, and see and take notice of the witnesses names, who do testify it.  
In like manner are you to proceed in an Action of debt upon an Indenture, or debt due by Testament, or Letters of Administration, you must upon the declaration and demand made, show the Indenture, the Testament, or Letters of Administration as the case is, that they may be conferred together.  
And in an action of debt upon an Indenture, the Original must be made to agree with the Indenture, as in case of an action of debt upon Bond, in the second addition, or the alias dict. ut supra.  
The Attorney of the defendant may, when the appearance is made for his Client, have Costs, and dismiss the Plaintiff, if he do not declare within his time prefixed.  
When the defendant hath appeared, and the Plaintiff hath declared, and thereupon the defendant hath answered, or pleaded, He may give to the Plaintiff a day to Reply: Which if the Plaiutiffe do not accordingly, Than the Defendants Attorney may discontinue the Action of the Plaintiff, and make him to begin anew.  
And if the Defendant be returned sufficient. And no Attorney appeareth for him upon the Original: Then the Plaintiffs Attorney must put his name to the Phillozers book, called the Remembrance, where the Original shall be taken out: And mark the same Remembrance, when his next Process which is a Pone shall be returnable.  
This next Process he must seal and deliver to the Sheriff.  
And if at the day of the Return thereof, no Attorney do yet appear for the Defendant: Then the Plaintiffs Attorney must in like manner mark the Remembrance, and take out another Writ against him called a Distress, and so the Plaintiff may sue out Distress after Distress, until such time as the Defendant doth appear.  
And if the Sheriff shall return such small issues for favour, as whereby the Defendant is encouraged to stand out, and will not appear: Then the Plaintiffs Attorney himself may move the Court for increase of issues, or else Amerce the Sheriff.  
If the Defendant have no Free hold within the Shire where he is sued: The Plaintiffs Attorney must return the Original Writ in Debt or Trespass on the backside thus: (viz)  
Pleg. de prosequend.  
I. Do,  
Rich. Roose.  
Infra nominat Richardus Scot, Nihil habet in baliva mea unde potest Summ.  
johannes Smith, mile vic.  
IF the Original be in the Trespass upon the Case, Return it (as above) saving in stead of Vnde potest Summ. let it be unde potest Attach.  
The Return of the ordinary Process of Capias to the Exigent, is, Infra nominatus Richardus Scot, non est inventus in balli●…a mea.  
There must be always between the Teste of the Original, and the Return thereof, full fiveteene days inclusie, at the least.  
And so of the Cap. alias Cap. and plur. Cap.  
And between the Teste and the return of every Exigent, there must be five County Court days, or five days of the Hustings, as is usual in this kind of business.  
The Exigent and Proclamation must both be the same Teste and of the same Return.  
An Exigent in the Country hath five County days for his Return (the County Court being kept only once in a Month) and so consequently it requireth five Months.  
But in the Hustings in London, the Return is much speedier.  
And if the Defendant do not appear by Supersedias before the sifth County day, or day of Hastings (as the Exigent lieth) than he is, upon the fifth Exact. returned outlawed.  
You must have a care withal, that upon the Return of the Plur. Cap. precedent, it be duly filled.  
At the going forth of the Exigent, you must make your Warrant of Attorney on this manner, (viz) Willielmus Wild generosus, Pl. pol●… suo: I. T. verse. joh. Fludd de Braynford in Com. praed. Yeom. de plac. debit. or the plac. transs. as the action is: This you must deliver to the Clerk of the Warrants.  
The Defendants attorney is to put in his warrant of attorney upon the Issue or upon the Demurrer, and not before.  
If the Sheriff have the Cepias, alias Cap. and Plur. Cap. delivered unto him, and shall return a Cepi Corpus upon any of them, than the Plaintiff shall have no farther Process against the Defendant.  
If upon any such Return no Appearance shall be made on the Defendants part, than the Plaintiffs Attorney must go to the Phillzoers or the Prothonotaries, and get the same Writ or the Return thereof taken out; And then give to the Sheriff Day to bring in the body of the Defendant, or else be amerced at the discretion of the judges.  
And if the Sheriff do not bring in his prisoner by the day given, than the Plaintiffs Attorney is to get the Amerciament to be Estreated; And to sue out a Writ of Habeas Corpus to bring in the body of the prisoner.  
And if the Sheriff who did so arrest the Defendant, be out of his Office before he do return your said Habeas Corpus, and the Defendant appeareth not yet; than you are to sue forth Distringas nuper vic.  
The Phillozer upon making out of the first Capias, enters into the Role an Apposen, So that it may appear upon Record: which Apposen the Plaintiff may continue for a Term, two, or more if he please.  
And their Common Process must have at the least fifteen days between their Teste and Return.  
If Process remain uncontinued by diverse Terms, and no exceptions be made thereof by the Defendant; the same may be continued by the Plaintiffs Attorney, paying to the Phillozer or his Clerk for every continuance, four pence per piece.  
And if the Defendant do dwell in one County, and the Suit be commenced in another; Then there must go forth a Proclamation unto the Sheriff of the County where the Defendant doth dwell at the time when the Exigent is awarded; And this Proclamation must bear Teste and Return with the Exigent, and both must be returned (the Defendant not ap pearing)  
And if the Defendant do put in Supersedeas before the return of the Exigent, than the Plaintiff need not care for the Return of the Proclamation.  
And if the Defendants Attorney come not to the Prothonotaries Clerk, and take a Copy of the Declaration, and make an answer to the same within nine days after the Return of the Exigent; judgement shall be awarded against the Defendant.  
And if the Plaintiff do not make his Declaration ready within four days after the Return of the Exigent, Then the Defendant may call the Plaintiff non Suit, and recover his charges.  
And if the Defendant will have a Supersedeas upon Mainprize, It must be sued out of the Clerk of the Treasury his Office upon Sureties That if the Defendant make default, he shall pay the fine.  
If the Sheriff return to small Issues upon Distress, the Plaintiff may have Amerciament against him, and have him called into the Court to amend the Issues for the King's advantage.  
If the Plaintiff be not ready to Reply upon pleading, He may enter Imparlance, and give day over until the next Term, unless the Defendants Attorney prevent him, by giving to him a Rule and day certain to Ryply.  
At the day of Imparlance, The Plaintiff is to call the Defendant, and to give him a day to plead or answer again, or to make it known, whether he will stand to the Plea or Answer which he made in the precedent Term or no?  
And if the Defendant do neither make known, that he will then stand to his former answer, nor answer de novo upon ordinary days given unto him, He shall be Condemned in the Cause: for he cannot then refuse as he might upon an Al. bre.  
When any matter is pleaded to an Issue, The Plaintiffs Attorney must have a care, to see the Issue be rightly entered into the Prothonotaries' Role, And thereupon put in his Warrant of Attorney, if it be not in before at the Exigent, in manner (as aforesaid)  
But it is most requisite that the Warrant should be put in upon the Exigent by the Plaintiffs Attorney, for fear lest the Defendant should not appear; but be returned utlawed.  
And the Defendant, in case the Plaintiff shall fail to put in his Warrant (as aforesaid) may sue error in the proceeding, and assign the want of a Warrant, which is manifest error; and thereupon the Plaintiffs attorney shall pay ten pounds.  
After the Issue is entered, the Plaintiff may sue forth Venire facias, or else continue it for a Term or two.  
And upon the Plaintiffs default by overlong delay, the Defendants attorney may sue forth Venire fac. panel.  
Note, that you may enter the first Ven. fac. returned fifteen days after; at which day, the Writ of Nisi Prius, with the Hab. Corp. is also awarded, and the Trial likewise (if it be in London)  
After verdict upon Trial, the Postea is returnable in his due time.  
Thereupon the judgement is entered, and a Capias goeth forth first into London, because the action is laid in London: This Capias is to be returned fifteen days after Non est inventus; and then goeth forth Capias with Testat. into the Country where the Defendant dwelleth; then is execution sued out and not before.  
Note also, that if the Sheriff at the day of the Ven. fac. do return the same sued, than the Plaintiffs attorney may have a Hab. Corp. theruppon to be made by the Clerk of the juries, which he is to see well examined when he fetcheth the same away from thence.  
And at the Return of the said Hab. Corp if it be at the assizes, and the jury fill not at the calling of them, the Plaintiffs attorney may crave a Decem tales et circumstantibus, Ten the like of those that be standing by, to fill up the Iury.  
But if it be at the Common-pleas Bar, He may not crave a Tales de Circumstantibus, but a Tales only, or sue a Distress with a Tales.  
The first only is a Decem Tales at the Bar: The second, an Octo Tales, if the Decem did not fill; So from Octo, unto Quinto: and from Quinto to Duo Tales, he must descend till the jury be filled, all which the said process must be taken out of the Prothonotaries Office, or the Office of the Clerk of the juries, which be respectively entered most duly.  
And if the Sheriff upon any of these said Writs do return Tardè, for want of sufficient time to warn the jury, You are to sue forth an Al. distress.  
Note, that if a Plea be pleaded here by the Defendant, and the Plaintiff have thereupon replied: if if it be a plea of a former Term, the defendant can never amend or withdraw his plea, except it be in Letters or Syllables, But if it be in the same Term he may.  
For in this Court every plea is, or aught to be entered in every Term as it is pleaded; howsoever it is otherwise in the Kings Bench.  
If the Defendant be returned sufficient in an action of Trespass, A Distress is to be awarded.  
And if he be returned Nihil: then the several Cap: and an exigent be awarded.  
If an Vltary be returned, then lieth a Capias utlagant, general, which is for the body only.  
Or else a Cap. utlagat. special; which is for the body and goods.  
Note, that if you do sue any of the Nobility of this Land, who are of the Parliament House, in any action whatsoever, wherein Process of Vtlary lieth; Although the Sheriff return him Nihil habet, yet you may not sue a Capias against him, but a Pone, into the Shire where his Land lieth: whereupon if he do not appear, he looseth five pounds. And after a Pone, you shall sue a Distress, and Distress after Distress, in infinitum, until he doth appear.  
If after the Sheriff have taken the Defendant upon a Cap. ad satisfaciend. for the Plaintiff, He suffer him to depart upon Sureties, or pawn, and commit him not to safe keeping, It shall be said an escape against the Sheriff.  
And then the Plaintiff may at his election choose whether he will call for the Return of the Writ, or sue the Sheriff for the Escape, and recover his Debt and Charges against him: Otherwise he may have his Capias and Exigent, and upon Return thereof utlaw the Defendant upon the judgement.  
After this kind of Vtlary, the Defendant shall never have his pardon, except he first agree with the Plaintiff, and satisfy him.  
Also the Plaintiff may at his election have a Writ of Elegit in this case, to extend upon half the Lands and goods of the Defendant: except Cattle and Oxen for his plough etc.  
But it behooveth the Plaintiff to take good heed how he sueth forth the said Writ of Eligit: For if it be once entered, you shall never have any other Execution.  
Also after a judgement, the Plaintiff may have an Execution of Fieri facias de bonis & catallis, and thereby leavey his whole sum that is given, with the Costs, or some part thereof, according to the value of the goods of the Defendants which he can find.  
And if at the first he be not satisfied of his whole sum, he may sue forth another Fieri fac. and so one after another, till he be fully satisfied of his whole Debt.  
Your Process being in a Writ of Rescous, and Ravishment of a Ward, as in Trespass you shall hold like proceedings of Attach. and Distress, and for want of Distress, three Capias and an Exigent.  
The like in a Quare eiecit infra terminum, & Ejection firm, and this was given by a late statute  
And the like by the same Statute, in a Writ of Annuity and Covenant upon an Indenture.  
But in a Writ of Entry, the like proceeding is not, for the Process is Grand Cape, and Petit Cape.  
The Grand Cape lieth, when any of those Writs are delivered to the Sheriff to summon the Lands, and, if at the return of the same, the Defendant appeareth not, but maketh default, than the Prothonotaries Clerk is to give a day to the tenant to come in, or else a Grand Cape shall be awarded of the Land, whereupon he shall be in the courtesy of the Court, whether they will grant him a Supersedeas for the discharge of the same, or no. Otherwise he is to wage his Law, and depose that he was not lawfully summoned, which if he do, and it be afterwards proved that he was lawfully summoned; then he is in danger of perjury.  
If the Tenant or Defendant do not appear upon the Grand Cape, than a Petit Cape is to go forth, and a day likewise to be farther given, and upon default of appearance, than the Lands in question are recovered, and thereupon the Cape is directed to the Sheriff to seize the Lands into the King's hands, until farther Process, etc.  
Note that the Demandant is to take great care, that there be no essoign cast by the Tenant's Attorney in this case, for him the said Tenant to appear.  
For if he have before that time cast his Essyone, then may he upon day given, call the Demandant non-suite, and cause him to begin again.  
Therefore the Demandants Attorney in this case must especially invigilate the Office of Essoynes, and in Real actions to get his Writ filled, and to enter a Recipitur, as in a Writ of Dower.  
Warrentia charta, De droyte, & Surdisseisin, have the like proceeding, because their Process is also alike.  
If you have judgement in any action, and suffer the judgement to continue without doing of any thing therein, by the space of a year and a day, you shall then be forced by reason of such delay, before you may take out any execution thereupon, to sue out of the Court where your said judgement is Recorded, a writ of Scire facias, and after the Return thereof you are to give a day to the Defendant to come into the Court, and to show cause why the judgement should not be awarded against him upon his default; whereupon if good cause be not showed, the judgement is to be allowed, and execution may be taken forth.  
In case where the Plaintiff or Defendant happen to dye after judgement and before execution; Then are the Executors or Administrators of the Plaintiff to sue out a Writ of Scire facias, against the Defendant, his Executors, or Administrators, which being returned, than the Execution of Fieri facias at the first, and in case where the Defendant is dead, must be awarded only of the goods of the Testator or Defendant defunct, and not of the goods of the Executor or Administrator.  
This execution of Fieri facias, being delivered to the Sheriff to be executed, if the Sheriff shall find that the Executor or Administrator did divaste the goods of the Testator or Defendant defunct; and shall thereupon return a Divastavit; Then shall a Writ of Fieri facias be awarded de proprijs bonis Testatoris, or Administratoris; Or otherwise Execution may be taken forth against the body of the Executor or Administrator, at the choice of him that sueth it out.  

How to sue a matter of Error.  
IF you would sue a matter of Error, you must either make a perfect true Copy of the Original, or of the Exigent in that cause, and carry it to the Cursitor of the Shire, where the Action lieth, thereby to make your Writ of Error.  
When you have your Writ of Error (if it be before judgement) you may deliver it to the Clerk of the Treasury, whereupon the Attorney for the Plaintiff is to deliver unto you the number of the Rolls where every thing is entered.  
And if it be after judgement, Then before you know the number of the Rolls, you must show cause of Error to the Court; or else your Writ will not be allowed.  
And in case that when the Writ be allowed, the Plaintiffs Attorney must deliver the number of the Rolls; o the Clerk of the Treasury: who will deliver the Writ over with the Record.  
And then if the Defendants Attorney do not get his Record to be certified the same Term, the Plaintiffs Attorney may procure a day to be given in Court unto him to do it, and to remove the same.  
By which day if the Defendant doth it not accordingly, than hath he lost the benefit of the Error. And after one Writ of Error so put by; the Defendant shall never have any more.  
And if the Record be accordingly certified, than the next Term following you are to assign the Errors there.  
Otherwise there will go forth two Writs of Scire fac. to be delivered to the Sheriff of Midd. and to give you warning to assign the Errors, which if you do not within three or four days after the Return of the latter of the said two Writs, the Writ of Error will be quashed, and you shall lose the benefit thereof.  
And if one be utlawed upon mean Process, and would reverse the same by writ of Error, he must take this course: (viz.)  

Look if there be any Writ unreturned,  
Or any Writ mis-returned:  
Or any Writ unfyled:  
Whether the Proclamation be filed, or no?  
And whether it be well returned:  
Or whether a Warrant of Attorney be put in or no?   
All these before mentioned be Errors, which before judgement the Court will correct themselves.  
And if you find any of the said Errors, you must go to the Clerk, and show him the number Role where the Exigent is entered, and cause him to enter the Vtlary.  
This being done, you are then to get the Bundles where any such writ is filed, to be brought into the Court, from the Office of Custos brevium, where they be kept.  
Then you must have one to inform the Court therefore on your behalf.  
If the Error which you pretend be for want of a Proclamation, than you are to get aswell the Record of the Term where the Exigent is entered, as the bundle of Writs to be brought into the Court to be reviewed.  
And the like you are to do of the mean Process.  
And if it shall appear to the Court, That any of the Process be filed and not returned, Or there be error in the Return, Or there be want of mean Process, or Proclamation; the Court will award the the Reverser to be entered.  
And if the party outlawed can find no Error, and yet would undo the utlarie, if it be utlary before a judgement; He is to sue out his writ of Error, and thereupon a Supersedeas:  
Then he must sue out his pardon of Course, and upon that, He may have a Scire facias directed to the Sheriff of the County where the Original was laid, to give warning to the plaintiff to be ready in Court to prosecute his action against the Defendant, if he have any thing to charge him withal.  
Hereupon, if the plaintiff do not declare against him the Defendant within a certain space given to him by the Court, Then the Defendant shall be quit of that action; and the plaintiff is to begin his suit again if he will.  
But if the party outlawed have any goods or Cattle taken by colour of that Vtlary, Then he is to sue out a writ de non molestand. from the Clerk of the Treasury, which writ he is to deliver to the Sheriff; Whereupon the Sheriff is to deliver to him his goods or cattle again without Bond.  
But it is otherwise where the Defendant doth not bring his Writ de non molestand. but intends to overthrow all by Error, for in that case, he shall be driven to enter into Bond for the proving of the Error.  
In every case where the cause goeth with the Plaintiff upon a Demurrer, and the Debt or matter recovered is not expressed, the judges of the Court may give their final judgement, and grant you a Writ to inquire of damages; which writ shall be directed and delivered to the Sheriff, who by virtue thereof, is to impannell a jury, who after they be sworn, upon Evidence to be produced on the Plaintiffs part, may give in damages so much as they think in their consciences, and as the Witnesses shall prove upon their Oath that he hath sustained.  
Also in an Action of waste you are to proceed in like sort, if you certify the judges how the Defendant hath made the place waste, and you do it before judgement is by them given.  
But the jury needeth not to have such great care of the damages in waste committed, as in other cases of enquiry in that kind: For whatsoever the jury gives in damages therein, the Court will, according to the Statute in that case especially provided, double the same damages.  
The Plaintiffs Attorney must be careful to look to the Clerk of the Essoynes, and take heed where the Essoynes do lie, and whether they be lawfully cast, or no.  
And not only so, but the Attorney for the Plaintiff or Demandant must farther look to the Adiournying of the Essoynes, & the casting of the Nerecipiatur for the advantage of his Client.  
And the Attorney for the Defendant should also be as watchful over the Casting of the Essoynes; For that oftentimes it proves to be a benefit to himself, and a commodity to his Client.  
Every essoign must be adjourned in time, with such sufficient continuance as the nature of the Action requireth.  
For want of adjournment of the essoign, there lieth a Non-suite.  
The casting of an essoign where it will not lie, may be disallowed, quashed, and turned into a default▪ But when it is rightly cast, than it is allowed, and then it is to be adjourned.  
And you must farther take heed, where the inferior Tenant may pray in aid of the Superior Lord, and when, and in what case a Vowcher lieth to recover by force.  
If Bastardy be alleged in general in any case, the Process for the trial of it is to be directed to the Bishop, who is to certify the same.  
The like course is to be held in Pleas of Aduowson, whether plenaritie or not plenaritie to be so tried, and so certified likewise.  

What Pleas Attorneys may plead, and what not.  
TO a Bond for pa●…ment of money. 

1. Conditions performed:  
2. Per minas.  
3. Per Dures.  
4 Non est fact. 

Gen.  
Speci.      
To the Bill of Debt,— plead 

Per Minas.  
Per Dures imprison.  
Deins age.  
Non est fact. 

General.  
Special.      
To any other Actions of Debt, plead 

Nihil debet per patriam.  
Nil debet per Legem.  
Deins age. (so it be not for Apparel.    
To a Bond for deli very of Corn, etc. plead 

Per Dures.  
Per minas.  
Non est factum.  
Deins age.  
Conditions performed.    
The Common issues to Declarations grounded upon Simple actions be. 

Per legem: or,  
Per Patr●…am.    
To a Bond for performance of Covenants upon an Indenture or an Arbitrin●…ent may be pleaded 

Per minas.  
Per dures.  
Non est fact. or  
At large.    
To an Action of Trespass you may plead 

Non Cul. or,  
At large: if it be not upon trial of a Title.    
To an Action of Battery plead 

Ex insultu querentis: or,  
Non Cul.    
To an Action for Rent plead Rien in arrere.  
To an Action of the Case upon Assumpsit plead Non Assumpsit modo & forma.  
To an Action for Slande●…, etc. 

Non Cul. or,  
justify the words.    
To an Action for detaining of Corn, or any thing which should have been delivered, and for which there is no Obligation, plead Non detinet.  
Upon Ejectment. 

Non Eiecit.  
Non Cul.    
Upon Account.— Nunques Receptor pour Account render.  
Upon Administration.— Plené Administravit.  
Upon a Demise.— Non demisit.    

All which Pleas before mentioned are. ge. nerall, & ad oppositum.  
THE general issue in an Assize, is, Nul. Dissesin— Nul. Disseisin.  
All special Pleas here are pleaded under the hand of one of the Sergeants at Law.  
No Attorney or Clerk of any Prothonotaries' Office shall make up any Paper book, whereunto any Sergeant's hand is, unless he do first deliver the same unto the Defendant to be perused, to whom he may give day to bring in the same Book again, that it may be entered in convenient time; and if the Defendant do not bring it in accordingly, the Attorney or Prothonotaries' Clerk, who dea'eth therein for the Plaintiff, may enter a judgement therepon.  
The Plaintiffs Attorney shall do well to request the Prothonotary of the Office to peruse the whole issue drawn into a Paper, before he carry it to his Sergeant, to the end the Prothonotary may see whether it be well pleaded or no; without double matter, or departing from any special pleading, and whether it be truly joined or no, according to the truth of the matter or case; Or else it will be jeopardy and hazard of the cause: For the jury are bound not only to find out according to the issue joined, and no otherwise.  
If the Defendants Attorney will suffer the Action to go against his Client by a Nihil dicit, He must take heed that there be no part of the debt paid: For if he do, his Client is in his Adversary's courtesy for the whole debt, wherein the danger is the more if it be upon a Bond; For than he is liable to the penalty and all.  
A Title may be tried upon an action of Trans. tantum. But that suit doth award no possession, but damages and costs of suit only.  
But it is otherwise in Trans. and Electione firm.  
If your goods be remaining in another man's hands, and he do not use them, so that there can be no conversion to his own use proved; there an action of Trover will not lie, but an action of detinew.  
If you doubt, before you appear for the Defendant, that you shall be compelled to plead sooner than you shall be provided of instructions for the purpose; It is best for you in such extremity to choose the lesser evil, and to suffer an Ameeciament for not appearing.  
Or if it may be had, it were best to imparle, per licentiam interloquendi, over until the next Term.  
In the continuing of an issue, you for the Plaintiff must take heed you give not away your benefit to the Defendant, and he Summon by Provisio ut supra.  
If upon any Trial, at the calling of the jury, either Attorney shall think the jury to be favourable, and not indifferently returned by the Sheriff, or his Ministers, he that is aggrieved may desire to have it tried and examined, And, so if cause be, the panel shall be quashed, and the Venire facias shall be directed to the Coroner of the Shire.  
If need be, you may except against any of the jury, for that he is not a sufficient Freeholder, etc.  
And there may be four of the jury, such as you hold to be most indifferent, chosen by the justices of the Bench for Tryers, in case you shall except against the Iury.  
And if any of the jury be excepted against, or challenged for some special combination or matter contrived between the Sheriff and them, or the Sheriff's ministers and them: That shall not be tried by the jury of the Pannell, but by them that the jury will appoint, or by confession of the Sheriff, or his Ministers.  
And such things as shall be alleged and objected for matter of favour to the one party or the other; and the challenge shall be tried by certain Tryers of the panel, (viz.) by men that are sworn, and not challenged upon their Oaths, and the trial shall be in this manner following, (viz.)  
If any principal cause of Challenge shall be to any of the jury, it shall not be made, until he be called to be sworn.  
Such cause of Challenge may be, for that he is a Tenant, a Kinsman, or otherwise tied to be favourable more to the one party then the other.  
Then shall the said Tryers go together and consider of the matter, and find whether he be a Tenant, or a Kinsman, or so tied by special Bond to the party for whom he is challenged or no.  
And the Tryers shall find it either upon their own knowledge, or sufficient proof, and not otherwise.  
And the jury shall not say, that the party so found is favourable, but that he is a Tenant or a Kinsman, or so, and the Law shall judge and think him favourable.  
And so for all other principal challenges.  
And so if the whole jury be challenged at the Bar, by the one party, or the other (as oftentimes they be) they shall be tried sigillatim, and other Tryers be called forth to try the former ones, in their turn; and so to proceed vicissim, till they be all tried.   

The manner how to proceed in the Trial of the issue.  
THe Plaintiffs Attorney shall do well to have the whole Record, and Rules thereunto belonging in readiness, with all things pertinent thereunto, which he must get to be read and receited unto the jury, And for the ease of the jury, the issue whereof they are to inquire, must be truly and plainly delivered unto them.  
And after this is so read, and delivered (as aforesaid) the Plaintiffs Attorney may write in a paper the issue, and give it to the jury, that they may know what they are to inquire of; provided, he give it to them before they depart from the Bar.  
After the Record is read, the Counsel are to say what they can for their Clients, severally and respectively▪  
Then the Witnesses in the matter are to be produced, sworn, and examined at the Bar, what they can say to the question in issue.  
And when the jury hath heard both parties, and the opinion of the Court (if it need, for explanation of matter of Law) they are then to depart from the Bar, and the Court appoints and swears one of purpose, that he shall safely keep the said jury, so that none of them shall depart from the other till they be agreed: and that no other person who is not of the said jury, shall in the mean time speak with any of them, nor come among them, unless it shall be such an one as the Court shall appoint to read the Evidences to the jury, in cse where none of them can read themselves:  
If the verdict pass with you, you are to pray judgement, return your Postea, to make up a Bill of the costs and charges of your Client expended in this cause, to carry your said Bl to the Prothonotary, in whose Office the cause is entered, to assess your said costs and expenses, which being done, you take ou●… what execution you please presently, Or otherwise utlaw the Defendant upon that judgement, as you shall be advised.   

Instructions to sue forth a Recovery.  
IN a Recovery in a Writ of Entry in the Post, the Attorney who sueth it forth, must take good advice in the drawing of his Writ of Entry, he is to carry it to the Chancery man to make it.  
And the Attorney must take with him, either his Client, or some other person who knoweth the Land, and get him sworn before one of the Masters of the Chancery for the true value of the Land, and what it is worth by the year.  
Thenmust the value be set down on the backside of the Writ, and the name of the Master of the Chancery, who took the Oath thereunto.  
Next, this Attorney must carry it to the King's Attorneys Clerk, who is apppointed for the same purpose to get his Master's hand unto it.  
But before you have your Writ again from hence, your Client, or some other for him, must enter into a Recognizance to the King in such manner, as Master Attorney General his Clerk shall draw up and make for you, And the said Clerk is to carry your Cliant, or other party, who is so to enter into Recognizance to the Court of Common-pleas, to acknowledge the same before the judges there.  
The effect and condition of the said Recognizance is, that those Lands specified in the Writ, are not holden io Capite, and that the Recovery is not hurtful to his Majesty, nor his successors.  
And if the Lands be holden in Capite, you must take course before you sue out your Writ of Entry for, licence in that behalf; otherwise you shall run into a great inconvenience, and be forced afterwards to sue out your Pardon in this behalf.  
After your writ of Entry is passed through the King's Attorneys hand, then if the Tenants of the Land will appear in proper person, Your Writ of Enrty with the Return thereof, must be taken out into one of the Prothonotaries Remembrances, where you will have your Recovery entered.  
And then in the Margin of the Remembrance make the appearance of him who is vouched.  
And this being done, deliver your writ to one Sergeant, and the Remembrance to another, when the Court is at good and fitting leisure.  
Note withal, that if this be done with a single Vowcher, you are to retain three Sergeants; and if it be to be done with a Double Vowcher▪ you are to retain five Sergeants.  
And when it is acknowledged, than you are to give the Writ of Entry to the Cerke of the Office that shall enter it, and he will thereupon enter your Recovery, and make you an Exemplification, & a Writ of Seisin in the same term.  
But if the Tenants do not appear in proper person at the Bar but by Attorney, than you shall not get your Writ of Recovery to be fully finished the first Term; but you must have a Summ. entered against the Tenants, and a Writ of Seisin awarded.  
And it behooveth the attorney for the Demandant to be circumspect, both for the Return of the Writ of Entry and Seisin, and for the filling of them, as also for the Warrants of attorney on both sides, For otherwise by default or omission in any of them, the Recovery may be overthrown again.  
And for farther and more assurance in this kind, it hath been therefore used, that they have exemplified both the writ of Entry and Seisin, with the Returns thereof; and the Warrants of attorney, for fear lest afterwards any of them should be mis-filed or miscarried.  
And if you would search for any Recovery acknowledged long before, you must first find it with the Clerk of the Warrants.   

The order to sue forth a fine.  
FIrst draw the praecipe in sheets of Paper, and Engross the Concord in Parchment: Then get your writ of Covenant made up, by the Cursitor of the Shire where the Land lieth, according to Concord.  
And if the Knowledge be to be taken by special Dedimus potestatem, than you must deliver to the Cursitor the Commissioners names that are to take the Knowledge; Of which Commissioners one must be a Knight, and the Cursitor is to make up the Dedimus potestatem by the Concord, etc.  
Then get your Writ sealed, and deliver it to the Commissioners, with the Concord engrossed in Parchment, with Seals and Wax unto it.  
And when your Commissioners have taken the Knowledge, they are to return the Writ of Dedimus potestatem thus, (viz.)  
Executio istius Commissionis patet in quadam Schedula huic annex.  
And file the Concord unto the backside of the Dedimns potestatem; and the Commissioners are to set their hands and Seals to the Concord, and their hands to the Dedimus, etc.  

You shall then proceed with your Writ of Covenant in manner following.  
FIrst, you are to go to the Office, sometimes called, My Lord of Leicester's Office in the Inner Temple, because my Lord of Leicester had the first grant thereof: and there to compound for the value of the Land, either by Composition, or affidavit to be made before a Doctor who doth attend for the same purpose.  
The Fine being set down by the Officers here, you are to pay it presently to the Receiver.  
Then will the proper Officers of that Office set their hands to the backside of the Writ.  
Then you must return your Writ of Covenant in this manner (viz.)  
At the upper end of the Writ, 

Pleg. de prosequend.  
joh. Do.  
Ric. Roose.    
In the middle, 

Summ.  
joh. De●….  
Ric. Fe●….    
At the lower end, 

1. M. miles vic. id est, the Sheriffs name of the Shire.    
THen carry your Writ of Covenant, Dedimus potestatem, and Records, to the Custos brevium his Office, and there deliver them to the Clerk, who is for the Shire where the Lands do lie; and he will take out into Paper what belongs to him to do, and endorse the Writ, setting down when the Proclamation shallbe made.  
Then you must carry the Writ of Covenant, Dedimus potestatem, and Concord unto the Clerk of the King's silver, where he will dispatch what appertains to his Office; and where, what you must pay, and for what, shall appear in the Calendar of Fees hereafter in these present contained.  
And then take and carry all to the Chirographers, or the Cirrographers (as it is corruptly styled,) and deliver it to him who is Clerk for the Shire where the Land lieth, and he will hereupon make the Indentures of fine; For which the Fee shall appear hereafter in his place.  
Here note, that the Dedimus potestatem and the Writ of Covenant, must agree in Names, Acres, and place.  
And if the Knowledge be taken before one of the justices of Assize in the Country, than the judge sets his hand to the value of the Lands, upon Oath taken before him, but it is written in Paper.  
And when you come to pass your fine in my Lord of Leicester's Office, so called (as I said before) because upon the new erection of it in the days of the late good Q●…eene Elizabeth, it was conferred upon him, and was devised & provided chiefly to take notice of Alienations, being the project of one Mr. Sutton of Lincoln's Inn (as I take it.) Then you must borrow that Paper of the judge of Assize before mentioned, to show it unto the Officers here; Or else you shallbe compelled to compound anew for the value of the Lands, etc.  
But if the Knowledge be made in open Court, than you must have the praecipe in Parchment, which must be annexed to the Writ of Covenant, and you must deliver it unto the Sergeant at Bar to draw; for which, his Fee shall be set down hereafter: and this you may do before you pay your Fine, by which Knowledging, you save your Client a good part of his charge.  
And if it be Knowledged before my Lord chief justice of the Common Pleas in his Chamber, or in any other place saving in the Court; then one of his Clerks will make your praecipe & Concord, and write them in Parchment, whereunto he will get my Lord's hand.  
And then you are to confute the Writ of Covenant to the Concord, and so pass it through my Lord of Leicester's Office, the Custosb revium, the King's Silver, and the Chirographer, as is before set down.  
Note also (as I gave you to understand before in part) that if the Lands be holden in Capite of the King, than you must sue forth your Licence of Alienation for your establing in that behalf: For if you enter into the Lands without Licence, the King will have a Writ of Intrufion against you for the same, and so receive all the main profits thereof likewise, until you have sued forth your pardon herein, which will be a matter of much charge, etc.    

How your Lieence of Alienation must be sued out.  
FIrst, you must get him who is proper Clerk for the Licences of Alienation, to make your Dockquet, or, as it is corruptly writ, ten your Dogget, in paper, which you are to carry to the Office called my Lord of Leicester's Office, or Office for Alienations.  
At this Office, you must compound for the value of the Land, either by Commission or Affedavet, 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 be entered there in the same Office.  
And then two Clerks of the Office, to whom it doth appertain of property, will set their hands to the Dockquet, and will afterwards make your Licence of Alienatiou, and get it sealed for you, the several Fees of which several passages, I reserve for their proper Station, etc.  
Note that the Post-fine of every Fine knowledged, is as much as you pay in the Chancery, & half as much more, and if it be to be levied by the Sheriff of the Shire, where the Land lieth, which did pass by the Fine after Proclamations which is the year after the fine is levied.   

The Causes whereupon wager of Law lieth.  
IF any man be sued upon a simple Contract.  
as,  

Upon Book:  
Upon Emisset, or Emisit.  
Upon Mutuatis, or Mutavit.  
Upon Concessit soluere, or Assumpsit oluere:  
Upon an Insimul Computaverunt.  
Upon a Detinet.  
Upon a Trover.  
Upon Debt, being not by Obligation of Bill signed and sealed.   
In every of these, the Defendant may wage his Law, that is, He may dispose that he oweth the Plaintiff nothing, and so avoid his suit.  
Wager of Law is to be done in this wise, (viz.) that he plead, Nil debit perlegem.  
And so he is to get day over until the next Term to do his Law, Or else he may do his Law presently at his own election.  
But if he defer the doing of his Law, until an other Term; He the Defendant must have a care to come in at his day, and do his Law.  
Or if it so happen, that he cannot come in at the time and place apppointed, His Attorney must remember the time when his Client was to do his Law; and upon the same day to cast an essoign for him, or else the Plaintiff will have judgement against him by default.  
And if the Defendants Attorney do so cast the essoign, than the Plaintiffs Attorney is to adjourn it, which if he neglect to do, the Desendants Attorney may call the Plaintiff Nonsuit.  
But if the Plaintiff doth Adtourne it, than the Defendant is to do his Law peremptorily at the day given him; or else judgement shall be awarded against him by his own default.  
And in case where the Attorney for the Defendant doth not cast his essoign, at the day, for the benefit of his Client, and his Client is not ready to do his Law: Then the Attorney for the Plaintiff may enter a Ne recipiatur, with the Clerk of the Essoynes, and give him day in Court to do his Law very speedily, (viz.) within three or four days after, and upon the Defendants default then, the Plaintiffs Attorney may enter a judgement against the Defendant.  
Then is the Plaintiffs Attorney to make a Bill of his Clients charges, & get it rated and allowed by the Prothonotary; which done, he may make forth Execution against the Defendant, in what sort he shall think it best.  
When the Defendant cometh in to do his Law, He is to bring in some of his neighbours, or acquaintance, to depose with him in manner following: (viz.)  
Every of them must make Oath that he believeth, 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 Plaintiff, as the Plaintiff declareth for, nor any part thereof.  
And the Defendant should bring with him twelve 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 subject, who will furnish the Defendant in this case of Wager of Law, with twelve such Compurgators as occasion shall require; for with a less number you cannot wage your Law, etc.  
When the Defendant hath his said full number of twelve: then his Attorney is to get the Prothonotary to take his Wager of Law.  
Then will the Crier of the Court cause the Defendant to stand up at the Bar; and the justices will examine him, whether he oweth or detaineth the money, or goods, or Chattels, contained in the Declaration, or any part or parcel of the same; whereunto the Defendant is to answer yea or no.  
And if the Defendant deposeth that he doth not owe or detain from him the Plaintiff the same, nor any part or parcel thereof, and the Plaintiff will stand to his action, then is the Defendant quit thereof for ever, and the Plaintiff loseth his action.  
But if the Plaintiff will not abide his Oath, intending to charge him otherwise afterwards: The Plaintiff may be Non suit, pay the Defendant his Costs, and be at liberty to begin a new again at another time, and to lay his action so (in some cases) that no Wager of Law shall lie therein.  
Note farther, that a man may wage his Law in divers Real actions:  
As,  

In Formedowne; or, Formedon,  
Indescender, Remainder, or Reverter.  
Waste;  
Warrant ch.  
Donat: or  
Any Action where Summons lieth.   
For if the Sheriff return that he hath summoned, where he hath not summoned, whereupon a Grand Cape is awarded; Then, and in such case may the Defendant come in and wage his Law that he was not summoned, and so avoid the Grand Cap.   

The order to sue forth a Nisi prius extra.  
IF the matter be pleaded to an issue, so that it is to be tried by Nisi prius in London, or in the Country: Then must the Plaintiffs Attorney, after issue is joined, see the same well entered, and examined by the Prothonotary.  
Then carry the Paper Book to the Clerk of the Nisi prius; and he or some Clerk of his is to make up the Record.  
Then let your Protonotharies Clerk make forth your Venire facias; which, after it is sealed, you must carry to the Sheriff of the Shire where the issue is joined, And cause him to return your Iury.  
When you have your jury, you are to carry it to the Clerk of the juries, that he may thereupon make your Hab. Corp. or Distringas, which you are to deliver to the Sheriff. Then will he return it, And make your warrant to warn the jury, etc.  
Then you must take your Hab. Corp, and the juries' names being filled to the backside of the Writ, and Nisi prius; And deliver them all together to the Clerk of the Assizes, who if you do therefore give him something more than the Ordinary Fees, will cull the jury at such time as you shall appoint him; Or otherwise you may stay long enough.  
Above all things, be sure that you instruct your Counsel sufficiently in such things as make most to prove the issue on your party.  
And have your Witness or other proofs in a readiness.  
If you t●…y your matter in London, Then the Postea cometh in on the morrow after the trial, And judgement is given presently upon the same.  
But if the Trial be in the Country at the Assizes, Then the Postea cometh not in till the next Term following: And then you are to call for your Postea, & thereupon to see that your judgement be well entered, etc. (ut supra.)   

Supersedeas de non Molestando.  
THis Writ de Non Molestando, is to prevent, or free the body or goods of a party utlawed from Arrest: and it is sued out, to the end the party outlawed may have security and safety thereby, in body and goods, in the mean time while he is in reversing of the Vtlary, whereby to be finally discharged of that evil.  
If the Plaintiff have taken out Process of Vtlary, and thereby arrested the Defendants goods or body: This Writ doth discharge them both, or either of them; and if the Sheriff have not already made sale of the goods, and before the Return of the Cap. Vtlagat. upon the delivery of this Writ de non. Molestand. he must return them again.  
And if the defendant do bring his said Writ to the Sheriff, after the return of the Cap. Vtlagat. is past, it is then too late, and then the Sheriff may choose whether he will restore the goods again, or return them, or the value of them, which must be appraised by men indifferent, for the King's Majesty's best behoof.  
And in case after the Sheriff hath so taken the goods by Cap. Vtlagat. and upon bringing of the Writ de non molestand. shall deliver back to the Defendant his said goods, he the said Sheriff is thereupon for his Indempunity to take bond of the Defendant with sureties, that if he prove no●… Error in the matter, the said goods shall not be made away, but be in readiness and forthcoming at all times, and returned, if the Sheriff shall be compelled to restore and answer them again.  
But if the Defendant sueth forth his Writ de non molestando, & have it in a readiness about him before that the Sheriff doth attach his body or goods upon the Vtlary, than the Sheriff upon fight thereof may not meddle with his body or goods in any wise. And so much shall suffice for the Writ de non molestando, etc.  
Note, that all Actions of the Case, Debt, or Battery may be laid in what Country you please, But Trans▪ Ejectment and Waste be local.   

The Charge of proceeding in every seve. rall Case, and upon every several Process now followeth  

The Charge of the Original Writ.  
FIrst, for every Original Writ of the Common Pleas, being a single Writ.  
 l. s. d. In Debt, Trans. etc. Per piece, 0 1 4 I●…de Post diem, 0 0 4 Item, for the double Original Writ of those kinds, 0 1 6 Item, Post diem, 0 0 4 Item, for a fine, upon every Original Writ as followeth  (viz)  If the Original exceed forty pounds, it payeth to the Cursitor. 0 0 8 If the Original be a hundred pounds, it pays Fine. 0 10 0 And so from above forty pound in infinitum, the like proportionable Fine.— With the first proportionably. l. s. d. Item, for all Original Writs, besides the ordinary ones of debt, trans. Insult. and the other twelve pē●…y writs, you shall pay Fee for making of them, as before is set down in the Chancery. Vide the charge of Original writs in Chancery.    Item, the Common Process upon the Original of debt, trans. etc. 0 0 6 Item, the Seal of the common Process, 0 0 7 Item, the Common Process, upon an Action of the Case, and other Actions of higher nature being most of them Real, and not within the number of those which pay but twelve pence for the Original. 0 1 0 Item, the Seal 0 0 7   

The ordinary charge to sue an Vtlary in a single writ.  
IN primis, The Original and Post diem 0 1 4 Item, the Capias and Seal, 0 1 5 Item, post diem. 0 0 4 Item, the Alias Capias, and Seal, with the Post Diem. 0 1 5 l. s. d. Item, the Attorneys Fee. 0 3 4 Item, the Plur, Cap. and Seal. 0 1 1 Item, the Warrant of Attourny. 0 0 4 Item, the exigent and Seal. 0 1 6 Item, the Proclomation and Seal. 0 1 1 Item, the return of the Exigent for every name. 0 1 0 Item, for filing the Exigent and Proclamation. 0 0 8 Item, if it be with a Post terminum, the filing of the Exigentt will cost 0 1 6 Item, the Attorneys fee. 0 3 4 Item, a general Capias utlagat. and the seal thereof. 0 0 11 Item, a special Cap. utlagat. and the seal thereof 0 2 4 Item, the Attorneys Fee. 0 3 4   

The charges of a Nisi prius in Guild-Hall in London, taken by default.  
IN Primis, The Venire facias. 0 2 7 Item, the Return thereof. 0 2 0 Item, the Post diem of the same 0 0 4 Item, the Hab. Corp. and the Seal 0 1 11 Item, the Return of it. 0 2 4 l. s. d. Item, the Sergeant for warning of The jury 0 3 4 For the Copy of the issue. 0 1 0 For the Seal of the Nisi prius. 0 2 2 The Lord chief justice's Fee for entering the Record into his Book. 0 11 9 For the Reading of the Record. 0 1 0 For the Default. 0 2 4 For the Green cloth. 0 1 0 For the keeper of the Hall. 0 1 0 For a Tales if the jury fill not. 0 4 4 To the jury per piece, being of the number in the Hab. Corp. 0 0 8 To the rest that come in by Tales per piece. 0 0 4 Item, my Lord's Foot cloth servant. 0 1 0 Item, to the Sergeant for keeping of the Iury. 0 1 0 Item, for the Barre-keeper. 0 1 0 Item, to the Crier 0 1 0 For every witness sworn per piecce. 0 0 4 Item, the Attorneys Fee. 0 3 4 Item, for your Counsels Fee. at least. 10. s.   

The charge of a Nisi prius in the Country.  
 l. s. d. IN primis, the ven. fac. 0 2 7 The return thereof,  ut supra.  The Post Diem,  ut supra.  The Habeas Co●…pora and Seale,  ut supra.  The Return of it,  ut supra.  The Bailiffs for warning the jury,  out supra.  For sealing the Record of Ni. prius,  ut supra.  The putting in the Record at Assizes. 0 15 1 Item, your Counsellors Fee, The Attorneys Fee,  ut supra.  Where note, that if the Attorney, who is named Attorney upon the Record, followeth the business, you shall save 4. shillings four pence. But if you use any other, you shall pay the more 0 4 4 Item, All other thing●…, as jury, The Bailiff who keeps the jury, Cryer, and all other, general and for the most part. 0 ut supra.    

Fees belonging to the Prothonotaries, and their Clerks.  
 l. s. d. IN primis, for every common Declaration, not exceeding the number of twenty lines in the Roll, And the Roll under the number of 700. 0 1 0 Where the Original and Capias are double, the Fees generally upon the same proceeding, be likewise double here.— duplex f●…od.    Declaration upon account. 0 2 0 Entering of an issue upon a per dures imprisonment, nunques Executor; or ple●…e administravit. 0 2 4 Also for the Declaration, and for the judgement, similiter similiter. Nunques Receptor pour account render. Pro Q. & Defen. 0 4 2 Fee of the Defen●…ant for every common issue. 0 1 0 Fee of the Plain●…ffe for Conditions performed, wherein there is no Rejoinder. 0 3 8 Of the Defendant for his part, except the Bond be the longer, but 0 2 0 l. s. d. Item, for every Declaration, if it be but twenty lines. 0 1 4 Item, for every sheet more, if it be above twenty lines. le sheet. 0 0 4 To the Clerk for coppying of the Pleas, and titling for every sheet.——— for every sheet, inde. 0 0 4 The Imparlance Cop. 0 1 0 To the Prot●…onotary for every Imparlance. 0 1 0 For the entering of the Condition. 0 1 0 In Real actions, for the Copy of every sheet.——— le sheet. 0 0 8 Entering of Non assumpsit for the Defendant. 0 2 0 For the Plaintiff, similiter. 0 2 0 For every Replication 0 0 4 For every Rejoinder. 0 0 8 For Entering of every Bail 0 2 0 For Entering of Nihil dicit. 0 2 4 For the Copy of the same. 0 0 8 If the same contain more than a Roll: Then you pay after the Rate of 6. s. 8. d. for every Roll more. Every Roll more. 0 6 8 For every judgement and Satisfaction in Actions Real. 0 4 0 To the Prothonotary for Single Vourcher. 0 11 6 l. s. d. To the Clerk for Entering and Exemplifying, inde, 0 4 0 The Prothonotaries allowance to the Clerk, inde, 0 1 6 For writing and examining of every exemplification in Writs of Entry upon Vowcher or confession, if it be a double Vowcher. 0 5 0 To the Prothonotary. 0 14 6 The Prothonotary allows to the Clerk, inde, 0 2 6 To the Clerk for Entering of every Roll. 0 0 4 To the Prothonotary for entering of a Summons. 0 4 6 For the Searching of any of the old Dockquets for every Term. 0 0 4 To the Prothonotary for a Treble Vowcher. 0 18 6 To the Clerk for entering and exemplifying, inde, 0 6 0   

Fees belonging to the Phillozers of the Common-pleas.  
 l. s. d. IN primis, for every Cup. upon Distress, and in Debt, Detinew, Account, and Trespass, of Common Process. 0 0 6 For signing thereof. 0 0 4 Item, for every Capias Pone, or Capias and Distress in the common Writ of the said Action. 0 0 6 For signing thereof. 0 0 4 Item, if any such Writ be of the number of six names. 0 1 0 Item; for a Capias Pone, & Distress. Sur. Covenant, Annuity, of Action upon the Statute, etc. 0 1 0 Besides the Seal.    Item, for every Exigent upon the Statute, and upon the Case. 0 1 0 Item, for the Delivery of a Record. 0 0 4 Item, if any the aforesaid Writs be longer then is usual, by reason of the number of names, or matter contained in them: Then you are to pay therefore accordingly, and ratably.———— Ratably.      

Fees of the Office of Custos Brevium.  
 l. s. d. INprimis, for Search of every Term. 0 0 5 Item, for the Copy of the Writ. 0 0 4 Item, for the single bundle. 0 0 1 Item, for the filing of an Exigent, if it be without a Post terminum. 0 1 8 Item, for the filing of any Sheriff's bundle of Writs, so that they come in within three or four days after the first Return of the Term. 0 0 4  
Note, that by reason of the manifold inconveniences, and abuses, which did grow by occasion of the putting in, and receiving of Writs here after the day; It was ordered and directed by the Court, That no Original Writ, or Plur. Cap. shall be put in, or received the last day of the Return, inde.  
Item, the Bagge-bearer of the Custos brevium, aught to bring in the bundles of Writs of the Term past, on the first day of the Term following, to be seen, perused, and used by such as have authority to do it, and that without paying of any thing for the same.   

Duties and Fees belonging to the Treasurie-house.  
 l. s. d. IN primis, for a Search, when you b●…ing with you the Term and Number Roll, And if it be in the Term time, or before the Door is shu●… up.———— every search. 0 0 4 And if you come to search in the Vacation, after the Door is shut up, Then you pay to the Keeper of the same house for opening the Door. 0 2 0 And if you search any of the old Terms, Than you must pay for every of the said Terms which you do so search. 0 4 0 Item, the Officers and Attorneys ought to search and see the Essoines Rolls and old Terms in the Treasury, for thei●… better information and direction in their own business, without paying any Fee at all. No Fee in privilege.    Item, for a Supersedeas▪ upon Main prize, which should be taken (the Defendant being present in person:) 0 2 0 l. s. d. Item, a Bill of Bail thereupon: 0 0 4 Item, for writing, examinationn, and certifying inde, 0 12 1 Item, for Fees of Re●…. of Pardon upon an Vtlary 0 6 2 For the certifying of the Record inde, 0 2 1 Item, for the Warden of the Fleet inde, 0 2 4 Item, for the Clerks pains 0 1 8 Item, the Siri facias inde▪ 0 0 6 Item, the bill of bail, 0 0 4 Item, for every Nisiprius, so that it exceed not three Sheets. 0 2 0 For every Sheet above three 0 0 4 For the Seal 0 ut supra.    

Fees of the Clerk of the Essoynes follow.  
 l. s. d. IN primis for Enrolling of every Esso●…ne. 0 0 6 For every Idem dies. 0 0 4 For every Adiournment, 0 0 4 For every Bill of Exception, 0 0 6 For e●…ery Ne Recipiatur 0 0 6 l. s. d. For every Supersedeas made by the Clerk of the Treasury, 0 2 4 For every Copy thereof: 0 0 8 If any Roll be spoiled by any of the Prothonotaries Clerk, or any other Clerk that doth enter any rolls, than the party that so spoileth them, may go to the Office, & get a new one, paying for the same. a Roll. 0 1 0 Item, of the Lord chief justice for making and binding of every Term, for his Fee inde 0 13 4   

The Criers Fees.  
 l. s. d. IN primis, for every verdict or Non suit in the Court, 0 0 4 For every Fine knowledged at the Bar, 0 0 8 For calli●…g, keeping, and swearing of the jury: 0 0 4 For e●…ery wager of Law, 0 0 8 For every Recovery at the Bar. 0 1 0 Item, he ought to have of every Attorney of the same Court at the end of every Term, which he well deserveth,——— of every Attorney. 0 0 4   

The charge of the reversing of an Vtlary followeth.  
 l. s. d. IN primis, to the Exigenter for the Term and number Roll, 0 1 4 For a Warrant to enter the Attorney. 0 1 4 For entering of the Vtlary. 0 6 8 To the Clerk that enters it for his pains 0 1 6 For the Pardon▪ 2 0 0 For the Supersedeas, 0 3 0 For the Scire facias, and the Return inde, 0 2 4 The Attorneys Fee. 0 3 4 Sum 3 0 2   

Fees belonging to the Clerk of the utlaries follow.  
 l. s. d. IN primis, for search of every Term, 0 0 4 Item, a general Capias Vtlagat. 0 0 10 Item, for a Special Capias Vtl●…gatum, 0 2 4 l. s. d. Item, the Certiorare upon an Vtl. 0 2 0 For a Copy and fine, 0 0 10  
And for your direction Note, That if you would cause an Vtlary to be certified, which is in the Sheriff's hands: For that the parties are agreed, you must first get a true Copy of the Exigent, which you must bring to the Clerk of the utlaries, and request him to make you a Certiorare thereby, directed unto the Sheriff of the Shire, where the Defendant is utlawed, This you are to deliver unto the Sheriff, and he thereupon must certify and return it over of force, though the Plaintiff do not withdraw the Exigent.   

The charges of traversing of an Vtlary, and Pardon upon the same, whereupon you are to proceed in this and other Courts accommodately.  
 l. s. d. IN primis, the Search of the Number Roll. 0 0 4 Item, the Certiorare out of the Chancery to remove the Record. 0 2 6 l. s. d. Item, the Clerk of the Treasury of this Court, for removing of the Record. 0 14 1 Item, for drawing of the Pardon, 0 3 4 Item, for engrossing of the pardon, 0 6 8 Item, for examining of it. 0 1 0 Item, for enroling of it in the Chancery 0 3 4 Item, for the great Seal. 1 0 6 Item, for the first Sciri fac. 0 2 6 Item, the Return thereof. 0 2 0 Item, for entering of the Vtlary. 0 0 8 Item, to one of the Prothonotaries for allowance of the pardon, 0 2 4 Item, the Post Diem of the first Sciri facias. 0 0 4 Item, the copy of the Entry. 0 1 0 Item, to the Clerk of the utlaries for discharging of the same. 0 2 0 Item, the Supersedeas de non mo lestando. 0 2 6 Item, for the Attorneys Fee, 0 3 4 Sum 3 6 4   

The-charges of a Recovery at the Bar.  
 l. s. d. IN primis, the writ of Entry, 0 2 6 For entering of the writ of entry in the alienation office 0 0 4 To the Doctor or him that doth attend for the composition. 0 0 4 For endorsing of the wri●…. 0 0 6 For filing of the same, 0 1 0 For fine thereof, according to the value made by deposition of the party.— As in the Table following hereafter. To the Receiver. 0 0 6 For the Return thereof. 0 2 0 To Master Attorney General for signing of the writ. 0 10 0 To the Secondary for making the remembrance. 0 2 0 For a Single Vowcher for three Sergeants. 0 10 0 For a Double Vowcher to four Sergeants. 0 13 4 If there be not so many Sergeants at the Bar, at the time of the knowledging of the recovery, whether with single or double Vowcher, as there ought to be, The over- plum of the Sergeants due is to be delivered to the Puisne one—— To the Puisne le surplus●…ge.  l. s. d. justice to the Poors Box 0 0 6 Pro justice. ●…unioribus, 0 2 0 The Common Vowcher. 0 0 4 To the Crier. 0 1 0 To the Keeper. 0 0 6 To the Prrthonotarie for entering a Single Vowcher. 0 14 6 To the clerk for exemplifying of the same. 0 5 0 For the Seal of the Recovery in green Wax. 0 2 2 The Writ of Seisin and Seal, 0 1 1 The Return of the Post Diem thereof. 0 2 0 The Warrant of Attorney. 0 0 8 The Attorneys Fee 0 3 4 And if there be a writ of Summons awarded, for that the Recovery cannot be perfected in one Term, the Attorney may demand another Fee, very reasonably and iustificably.— Double Fee, pro Attornato. For taking of affidavit, pro valour terr. 0 0 4 For the Writ of Summons▪ 0 2 0 For the Return and Post diem. 0 2 4 Sum total▪ besides the Fines, 3 6 0  
The Fines follow, Secundum ratum & Consuetudenem.  

Value of  Land,   Rate, l. s. d▪ Payeth l. s. d. The Land of yearly valne of 3 6 8  0 6 8 The Land of yearly valne of 5 6 8  0 10 0 The Land of yearly valne of 7 13 4  0 13 0 The Land of yearly valne of 8 13 4  0 16 8 The Land of yearly valne of 11 0 0  1 0 0 The Land of yearly valne of 12 0 0  1 3 4 The Land of yearly valne of 14 6 0  1 6 8 The Land of yearly valne of 15 6 8  1 10 0 The Land of yearly valne of 17 13 4  1 13 4 The Land of yearly valne of 18 13 4  1 16 8 The Land of yearly valne of 20 0 0  2 0 0 The Land of yearly valne of 22 0 0  2 3 4 The Land of yearly valne of 24 6 8  2 6 8  
And so proportionably, and according to the said Rates.   

The Charges of a Fine, with licence of Alienation, followeth.  
 l. s. d. INprimis, for making of the Dockquet, 0 1 0 For signing of the Dockquet, 0 2 0 For entering the Fine, 0 0 6 Note that The Fine for Alienation, is the third part of the yearly profi●…s of the Lands set down by the ●…fficers in the Dockquet,—— Fine third part Valoras terr. For making of the Licence, and for sealing of it, 2 0 0 For entering of the composition. 0 0 6 The Writ of Covenant. 0 2 6 The Fine in the Writ of Covenant, is the tenth part of the Value, as it is set down by the Officers——— Fine bre. Covenant texth part valoris terr. To the Custos brevium▪ 0 2 8 For entering of the King's silver. 0 0 6 To the Chirographer. 0 5 8 The allowance of the Proclamation, 0 1 0 l. s. d. For engrossing of the Fine, and expedition. 0 1 6 The Attorneys Fee, 0 6 8 Sum Total. beside Fines. 3 4 4   

The charge of a Fine knowledged by special Dedimus Potestatem.  
 l. s. d. INprimis, the Writ of Dedimus potestatem, 1 2 2 The Fine in the Hannaper, 0 6 8 The Lord Chief justice his hand to the Dedimus potestatem. 0 1 0 To the Master of the Rolls, for his hand to the same, 0 1 0 The Return of the Dedimus potestatem, 0 2 0 The Attorneys Fee, 0 3 4 For drawing of the Concord, 0 3 4 The Writ of Covenant, 0 2 6 The post Diem inde, 0 0 4 The Return thereof, 0 2 0 Item, one of the Custos▪ brevium his Clerks, which taketh out the fine, 0 1 0 l. s. d. The Fine is according to the Value (id est) the tenth part of the value, 0 10. pars  For the Commission or affidavit. 0 0 4 For the King's silver. 0 10 4 The Entering of the writ of covenant, 0 0 6 The Custos brevium, 0 2 8 To the Chirographer, 0 6 6 If you bring your Writ of Covenant after the Term is ended, The allowance of the Proclamation will cost you 0 1 0 For engrossing of the Fine, 0 1 0 For Expedition, 0 0 6 For the Attorneys Fee, 0 3 4 Sum Total. beside the Fine to the King, is 2 1 10  
And so much shall suffice for the charge of a Fine so acknowledged: Now followeth,   

The Charges of a Fine knowledged before my Lord chief justice of the Common-Pleas  
INprimis, for drawing of the Concord. 0 2 6 l. s. d The Writ of Covenant, 0 2 6 The Knowledging before his Lordship, 0 9 0 The fine for the Value Vt supra.   For the affidavit and composition. 0 0 4 For entering the Writ of covenant, Vt supra.   To the Receiver, for making of the Writ, and knowledging of the same. 0 0 6 The Return of the Writ of covenant, 0 2 0 The Post D●…em inde, 0 0 4 To my Lord chief justice's man for getting of his Lord's hand to the concord, 0 1 0 To the Custos brevium, 0 2 8 For engrossing of the fine, 0 1 0 For expedition, 0 0 6 Attorneys Fee, 0 3 4 Sum Total. beside Fine to the King. 1 13 4   

The Charge of knowledging a fine at the Bar.  
 l. s. d. FOr engrossing of the Concord, 0 2 6 Bre●…de Covenant: 0 2 6 affidavit, 0 0 4 Allocatio Bre●…e Covenant, 0 0 6 To the Receiver, 0 0 6 To the Sergeant at Bar, 0 3 4 To the Prothonotaries' Clerk for making the Knowledge, 0 0 6 To the Box, 0 0 6 To the Porter, 0 0 6 fine to the King, ut supra.   return of the Writ of Covenant, 0 2 0 Custos Brevium, 0 2 8 Entering of the King's silver. 0 0 6 To the Chirographer, 0 5 8 Engrossing o●… the fine & exped●…tiō, 0 1 6 Sum total, besides the King's Fine, 1 3 6 ALL Writs of Covenant, Writs of Assize, and Writs in nature of Assize above the value of forty shillings, pay fine,—— as before is set down. Writs of Debt, and Writs of Trans. Above 40. l. pay fine as followeth, (viz.) Above 40. l.— unto 100 l. pays,▪ 0. l. 6. s. 8. d.  
l. s. d.  l. s. d. 100 0 0 pays 0 10 0 133 6 8 pays 0 13 4 146 6 4 pays 0 16 8 200 0 0 pays 1 0 0 233 6 8 pays 1 3 4 240 13 4 pays 1 6 8 300 0 0 pays 1 10 0  
Et sic progreditur in infinitum.  
WRits of Formedowne above the value of four pounds, pay fine in form following.  
l. s. d.  l. s. d. 5 6 8 pays 0 6 8 6 6 8  0 10 0 10 13 4  0 13 4 11 13 4  0 16 8 16 0 0  1 0 0 17 0 0  1 3 4 18 0 0 Ratably.    19 0 0 Ratably.    20 0 0 Ratably.    20 0 0 similiter.    22 6 8  1 10 0  
Et sic de ceteris proportionabiliter procedendum est.  
All Writs of  

Pone of justice.  
Pone of Writs of Right,  
Pone de averijt bonis & Catallis,  
De Conspiration,  
Falso judicio,  
Recordare of all kinds except de averijs- etc.  
Accedas ad Curiam,  
Dedimus potestatem for knowledge of a Fine, or Deed to be enroled or canceled.   
 l. s. d. Every one of these Writs do pay Fine, 1 6 8  
I Do confess that I have here omitted the precise order of setting down the proceedings of the Common-Pleas, in the way of gradation & true footmanship in the scale of method numerously; as also in the delivery of the Fees of this court.  
I do acknowledge, that more might have been added; and some of these may be subject to the quarrel of those who desire to keep their Lawmysterie in Emblems and Characters, like to cosncionable Chaldeans; rather then to communicate them with the public in a known way of dealing, and a familiar language of commerce: For answer whereunto, I refer me to the preface in the frontispiece hereof.  
Desiring only such as affect general good, to testify their generous and ingenerate goodness in the assistance hereof.  
Thus the Author prays in aid of your Common Pleas men especially, and as duty more bindeth him, of that most worthy to be so most eminent a Prothonotary among you, Mr. Brownlowe with this Conclusion:  

You that are Masters of this Science,  
I ask your aid and free suppliance.   

Cat●…ra turba tuas muscas venare; ministro:  
Fulminis hac valido propria praeaa: Vale.      

THE KING'S BENCH.  
THE King's Bench consists of the Prothonotary side, and the Crown Office side, etc. On the Prothonotaries' side are (as I delivered in my Search of Record:)  
Only Personal Actions, and some mixed Actions? beside such matters as the King is party.  
FOR their proceeding in personal and mixed Actions, It is generally the like as that of the Common-pleas, and therefore shall not require a second recital. So are their Fees generally alike: For he that is a sufficient Common-pleas man, is able to the practice of any other Court of Common Law whatsoever.  
And therefore I shall only show you in what points of proceeding they do differ, and how easily those differences are, or may be reconciled withal.  
The King's Bench useth only a Latitat for their leading process.  
To this, the first Leading Capias of the Common-pleas does answer.  
For as the Capias hath an Original Writ to go before it? So the Latitat supposeth and pretendeth a Bill of Middlesex to lead it also, For that is granted in the King's Bench, because it is intended that the Defendant upon return of a Bill of Middlesex precedent doth Latitare in valliva tua, etc.  
Only the Latitat is like to Doctor Giffords' water, which serves for all diseases, and so it holds one form in all cases and Actions whatsoever, and charges the defendant only De pl. Trans, be it for debt or other cause, etc.  
But the Original must contain the true cause of action, and be so exactly set down and drawn, that all the following Process and proceeding, may be tied to agree with it punctuatim.  
The King's Bench man pays five to the King, in debt and the like actions above— 40. l.  
So doth the Common-pleas man too.  
But the King's Bench man, he pays but hall so much as the Common-pleas man doth; and the Common pleas man is the better paymaster too: For he pays at the first entrance into suit, and upon the Original, whereas the other payeth not till he declareth, which in many cases never is done at all.  
In the King's Bench, the Plaintiff hath longer time to declare then is allowed in the Common-pleas. And where the defendant appeareth upon ordinary Bail, whosoever will, may come in and declare against him, which is not used in the Common-pleas  
In the King's Bench you shall not need to put in special bail, unless it be for debt upon Speciality  
So is it likewise in the Common-pleas.  
But the Common-pleas enjoins special Bail for 10. l. And the other not under 20. l.  
In the King's Bench, the Attorney for the defendant may mend or alter his Plea, after it is delivered over.  
So may the Common-pleas man too.  
But the Common-pleas man must do it within the same Term: whereas the King's Bench man hath a longer time, For that he is not tied to enter by parcel, and so soon as the Common-pleas man is; but to do it altogether, and at much more leisure.  
For the charge of removing the body of any Prisoner, by Habeas Corpus in the one, or by Ostensum est in the other, though there be some difference in the first rise, and here and there afterwards in the proceeding of the Remove, putting in Bail, and filing of it, yet if we confer their Bills of Costs together: in the conclusion we shall find a very little difference in the whole.  
Both pay damage clear, that is, poundage upon every twenty shillings in a judgement: But the King's Bench pays only twelve pence in the pound, and the other payeth two shillings.  
There be some other few differences in the formality, but none in the substance of their mysteries. And thus I leave the Prothonotary side.  
For the Crown Office side: It pleased some to make an especial suit to exclude my pen from meddling in their mystery in my former Worke. And therefore (as I then said) so I must now resolve, that I do advisedly pretermit it, and give it back to their own care, who are better able to perform this general good at their pleasure, when it shall please them to intend the public. And now I bend my journey homeward, and to my native Birth-bed: London.   

LONDON, THEIR COURTS OF COMMON LAW; (viz.) First, The Lord Mayor Court: 2. The Sheriff's Courts.  
THey do all deal in Actions personal for the most part, unless on the Lord Mayor's side sometimes a Real Action falls in by chance, for matter or demand of something lying within the City.  
Their proceeding generally is ad exemplum of the King's Bench, only differing in such cases, as where their Customs carry their predomination.  
The Defendant, if he be a Freeman, hath four defaults, (that is) four the next Court days of the place where the action lieth, to put in Bail to the cause: But the Forteyner hath no such privilege.  
The Plaintiff hath a day over to declare, unless it be so that the Defendant is a Prisoner lying in Durance upon the same suit; For in such case the Plaintiff must declare upon the very next Court day following the Arrest.  
And the Defendant is brought by Writ out of the prison to the Bar, to plead unto the said Declaration.  
There is one main difference between the Proceeding here, and that above at Westminster, which is in the most familiar and ordinary action of the City, (viz.) their Indebitatus assumpsit, And that is, that they deny wager of Law here, upon it: which (howsoever it be countenanced, and glossed by the Custom) I am sure it takes away the Inheritance of a freeborn Subject by the Law.  
The like opinion I have of an Attachment made of goods in proprijs minibus of the owner.  
The proceeding here generally in all cases, where they lay by their Customs, are to the precedent of the Common Law at Westminster.  
Only they have one help beside; Error, and Erronicè emanavit, after Verdict here, which is to mark the cause before my Lord Mayor; where how far that Superintendency may overrule, I know not.  
 l. s. d. The charge of the proceeding in the Sheriff's Courts in any ordinary Action, where the judgement is had by default, is about- 0 16 0 Where the judgement is had by Verdict of jury, about 1 6 8 For a Non suit, in case where the Plaintiff doth not declare, about 0 8 0  
For the Customs of the City, I refer you to read  

Dunthorne, and,  
Liber Albus:   
Both which treat upon the same subject, and are kept in their common Treasury at Guild-Hall in London, as I declared in my last of Direct. on for Search, etc.  
And so much may suffice for London, in avoidance of Repetition of the same matter over again, for fear of abusing of your patience, or accusing of mine own memory, etc.   

All other Court of Records in all Cities, and great Towns Incorporate:  
THey all are led to the example of the Common-Pleas, and King's Bench generally; And their proceeding (as unto the formality) is alike for the most part: And therefore my excuse is gone before me; for that I do dwell no longer upon them: but carry my eye higher, which is into.   

THE STAR-CHAMBER:  

The practice of proceeding there.  
FIRST, It is to be understood, that in case between party and party Subjects here, the Leading Process is only a Sub p●…na ad summonendum against the Defendant.  
And the Defendant hath four days after the Return of the Sub p●…na to make his appearance, which he must carefully enter.  
 l. s. d. And for entering his appearance, he is to pay. 0. 2 0 Besides the Attorneys Fee, which seruas also for the whole Term. 0 3 4 If he appear after the four days, and no attachment be awarded against him, he than payeth only for the Post diem     
After the time limited for the Defendants Appearance is past, upon the defendants default, and Oath made of the serving of the Sub paena, the Plaintiff may have an attachment against the defendant.  
 l. s. d He shall pay Fee for the Oath. 0 2 6 For the Warrant for the Attachment, 0 2 4 Also for the Writ and Seal, 0 2 6  
If his Return be at a day certain, he hath that day and the next day after to appear.  
But if upou a general Return, he hath four days after (as aforesaid) wherein it appeareth likewise, that this Court followeth the practice of the high Court of Chancery.  
If the Attachment go forth, and the Defendant be taken thereupon, and cometh in then to make his appearance: he must enter into Bond to answer the Contempt.  
Fee inde, 0. l. 2. s. 0. d  
If a Bill be exhibited, the party against whom it is, may, (having notice thereof) if he will, appear gratis unto it, and make answer without Process.  
If upon the Attachment made out against the Defendant for not appearing, the Sheriff return Nihil feci, the Plaintiff may have an Alias Attach.  
 l. s. d. For the Warrant Ind. 0 3 4 Writ an●… Seal, 0 2 6  
If the Sheriff return Non est inventus, upon the Attachment, the Plaintiff may have at Attach. with Proclamation: wherein this Court still pursues the practice of the Chancery, etc.  
 l. s. d. Fee for Warrant inde, 0 3 4 Writ, 2 2 6  
And if the Defendant do not appear upon the Proclamation, the Plaintiff is to call for the Return thereof, which the Sheriff will return Proclamari feci, and thereupon the Plaintiff may sue forth a Commission of Rebelion, directed to six such Commissioners as himself shall please to name, for the apprehension of the Defendant, etc.  
 l. s. d. Fee for the Warrant inde, 0 3 4 Writ and Seal, 0 15 0  
If the Defendant appear upon any of the Attachments, the Plaintiff may have him committed to the Fleet for his Contempt; upon order therein.  
 l. s. d. For entry and Copy of the Order inde, 0 3 0  
Where note, that it is no contempt, until such time as the Counsel shall judge and order it to be a contempt.  
If the Defendant, after he hath appeared upon Attachment, do depart without answering of the Contempt; his bond may be estrated into the Exchequer, and order may be for his Commitment likewise, notwithstanding the advantage to be taken of the Bond.  
The Plaintiff must, before he hath any Warrant for the Process here, put into the Court a perfect Bill, or else a Bill pro forma.  
If the Plaintiff do exhibit a Bill pro forma, So much time as the Defendant hath after the Return of the Sub p●…na to make his appearance, even so much time hath the Plaintiff to make his Bill perfect.  
If the Plaintiffs bill be not put into the Court in due time, the Defendant may get him to be dismissed with Costs.  
 l. s. d. Fee for every twenty shillings assessed for costs to the Clerk●… of the Court inde.—— upon the pound. 0 2 0  l. s. d. For the Warrant to lead the Writ whereby to demand it. 0 2 0 For the Writ and Seal. 0 2 6  
If upon serving of the said Writ for Costs, and affidavit made on that behalf, the costs be not paid by the Plaintiff, the defendant may have an Attachment against him.  
The Fee of which Attachment,— ut supra.  
The Defendant hath eight days after his appearance entered, to put in his Answer, so as he do appear within his due time.  
 l. s. d. For the Copy of the Bill, for every sheet, inde 0 1 0  
If the Defendant can not appear personally, by reason of Impotency, etc. Upon affidavit made in that behalf, He may have a Dedimus potestatem, to take his Answer in the Country, as is used in Chancery.  
 l. s. d. Fee for the affidavit herein, 0 2 4 The Copy thereof, 0 2 0 The Non appearance of every several Defendant served to appear and having this benefit,—— payable in Court. 0 1 4 For every the like for the same, to his Attorney, per piece— every name. 0 1 8 For engrossing of the Bill, for every sheet, inde—— every sheet. 0 0 8 The Warrant, 0 3 4 The Wri●… and S●…ale, 0 7 2  
If the O●…h to justify the impotency in the said case cannot be made; Then the said Dedimus Potestatem must be obtained, of, and from the Lord Keeper, and by suit unto him to be made in that behalf.  
 l. s. d. Fee for the Entry of this Order, 0 3 0 For the other Fees, ut supra.    
If neither the ●…ffedauit of impotency can be made; Nor the Lord Keeper's allowance can be had herein, Then means must be used to procure the Plaintiffs consent, that the Answer may be made by Dedimus Potestatem in the Country; which if it be also denied, there is no remedy, but the answer must be made here personally, under the peril aforesaid.  
After a Commission of Dedimus Potestatem is gone forth to take the Answer in the Country, It must be returned, after it is executed, by Oath; unless one of the Commissioners himself bring it.  
 l. s. d. Fee for the Oath in this case, 0 0 4 For the Entry thereof, 0 1 0  
Where note, that the delivery made by a Commissioner, saveth both the Oath, and the charges of the Oath also.  
And if the Defendant in this case do not answer in time: Then the Plaintiff may make out an Attachment, (ut supra.)  
 l. s. d. For the Warrant inde 0 3 4 For the Writ, 0 2 6  
And upon the Attachment in this case, the Plaintiff may proceed to a Commission of Rebellion, (ut supra.)  
And if a Dedimus Potestatem be granted to the Defendant to make answer in the Country; The Plaintiff may, if he please, join with him therein, and minister Interrogatories for the Defendant to answer unto likewise.  
If the Plaintiff do join with the Defendant in the Dedimus potestatem; And the Dedimus potestatem is obtained by affidavit made (ut supra.) The Plaintiff must then and in such case pay to the Defendant the one half of the charge of the Writ and Seal, etc.  
 l. s. d. Fee for the Warrant for the Writ, 0 3 0 The Writ, 0 7 2  
The Plaintiff hath four days, after the Defendant hath delivered in his Answer, to put in his Interrogatories, whereupon the Defendant is to be examined.  
 l. s. d. Fee for the Copy of the Answer for every sheet, inde 0 1 0  
And if the Defendant so please, he may omit the benefit of putting in of any such Interrogatories at all: For he is not bounden thereunto.  
And if the Defendant do depart out of Town, before he be examined upon Interrogatories (as aforesaid.)  
Then the Plaintiff may have an Attachment against the Defendant for such departure.  
 l. s. d. Fee for the Warrant inde, 0 3 4 For the Certificate of the Examiner's, to testify that he the Defendant is not examined, 0 1 0 For the Writ, 0 2 6  
And upon the said Attachment, the Plaintiff may proceed to the Commission of Rebellion against the Defendant, if he will in manner (as aforesaid.)  
If the Interrogatories be put in by the Plaintiff; The Defendant may be examined thereupon.  
 l. s. d. Fee for the Examination, 0 2 4 For admittance to Attorney, 0 2 4  
But if no Interrogatories be put in by the Plaintiff, within the time limited (as aforesaid:) Then after the time (which is four days) expired, the Defendant may safely depart out of Town,  
Provided, that he the Defendant do first obtain from the Examiner's a Certificate, to testify that the plaintiff hath not yet put in any Interrogatories against him.  
Fee for the Certificate,—— ut supra.  
For his admittance to Attorney,— ut supra.  
And if the Defendant do Demur to the Bill of the Plaintiff: Then the Defendant shall not need to put in Sureties thereupon, but only to move the Court, that his said Demurrer may be referred to the Examination, and Consideration of some of his Majesty's justices of either Bench, or to some of his Majesty's Counsel learned in the Law: and that they may certify back to the Court, whether the said Demurrer be sufficient or no.  
 l. s. d. For the entry of the Order here upon, 0 3 0  
And if the justices, or his Majesty's Counsel in the Law, to whom the said Demurrer is so referred, and committed, do upon Examination and Consideration thereof, certify to the Court, that they find the said Demurrer to be insufficient: Then thereupon the Defendant is to pay to the Plaintiff for his extraordinary costs in this behalf, forty shillings.  
And the Plaintiff in this case may likewise have a Sub poena against the Defendant to make a better Answer.  
 l. s. d. Fee for the Every, and Copy of the said Certific●…, 0 2 0 The Warrant for the Writ to call the Defendant to make a better answer, 0 2 0 The Writ and Seal, 0 2 6  
And if the Defendant do not pay to the Plaintiff the said sum of forty shillings so awarded for the Insufficiency of the Demurrer; and that upon the return of the Sub poena to make a better Answer; Then the Plaintiff may have a Sub poena ad soluendum in that behalf against him.  
 l. s. d. Fee for the Warrant inde, 0 2 0 For the Writ and Seal, 0 2 6  
And if the Defendant do not pay the Plaintiff upon that Sub poena being served upon him, And Oath thereof be made: Then the Plaintiff may have an Attachment against the Defendant for his said Costs so awarded, and proceed thereupon:———— ut supra.  
The Fees, inde——— ut supra.  
If affidavit be made that the Defendant is so aged or impotent, that he cannot come to answer or Demur here in person, His Demurrer will be accepted, as though he were personally present here at the doing thereof.  
And then if the Defendant do Demur to one part of the Bill, and Answer to another part of it; The Defendant is to answer to Interrogatories, touching that part of the Bill, unto which he so answered.  
And if upon examination had of the Defendants Demurrer: The justices, or such of his Majesty's Counsel learned in the Law, unto whom the same was referred, do certify to the Court that they find the Demurrer to be sufficient; Then, and thereupon the Plaintiffs Bill is to be overthrown, And the Defendant shall be dismissed out of the Court, with his Costs in this behalf sustained, to he allowed unto him.  
 l. s. d. Fee for the entry, and Copy of the said Certificate, 0 1 0 For the dismission, 0 2 0 To his Attorney for his Bill of Costs, 0 6 8 To the Clerks for entry, 0 2 6 For the Warrant to lead his Writ ad soluendum, 0 2 0 For the Writ and Seal, 0 2 6  
Where note, that if neither the Plaintiff, nor the Defendant doth move the Court to have the Demurrer to be referred in manner as aforesaid; there the cause proceedeth no farther, but dyeth.  
And note, that oftentimes the sufficiency of answer made to Interrogatories, is referred by the Court to Committees: But howsoever the Certificate is made thereupon, for, or against either party, no dismission doth follow thereupon; Only some small costs is awarded to the party, on whose side the Certificate is made: for the Recovery of which costs, they may take such course and order, as is to be taken in case of a Demurrer.  
Fees unde,———— ut supra.  
When the Defendant hath put in a sufficient Answer to the Plaintiffs Bill, and the Defendant is likewise examined upon Interrogatories (as aforesaid:) Then the plaintiff may Reply, and take forth a Writ ad reiungendum against the Defendant, which must be served upon him for that purpose.  
Fee for the Copy of the Answer and Examination super inter.— 0— ut supra.  
 l. s. d. The Warrant to lead the Writ, 0 2 0 The Writ and Seal, 0 2 6  
Where note that the Plaintiff is not compellable to Reply, before such time as all the Defendants have made answer.  
And if the Defendant answereth generally, Not guilty: Then there shall need no Replication to be made at all; because they be at issue upon the same Plea; And then the plaintiff may take out his Writ ad iungendum in Commissione, to make the Defendant join with him in Commission.  
Fees inde,———— ut supra.  
And if the Plaintiff do Reply, before such time as the Defendant is examined upon Interrogatories; he loseth the benefit of examining the Defendant in that kind:  
And if the Plaintiff do not reply, the next day after the days expired, which are given to him in warning, to make his Replication: The Defendant may in such case, and upon such default of the Plaintiff, move to have the cause dismissed, for want of effectual prosecution.  
 l. s. d. Fee for the Entry of the Order, 0 3 0  
For the Rest,— ut supra, for Demurrer.  
When the Plaintiff hath served the Writ ad Reiungendum upon the Defendant, And affidavit be thereof made, He may take forth his Commission to examine Witnesses.  
This Commission is to be directed unto such Commissioners, as the Plaintiff and Defendant shall agree upon.  
 l. s. d. Fee for the affidavit made for the serving of the Writ ad Reiungendum, 0 2 4 The Warrant, 0 3 10 The Writ Com. 0 7 2  
If the Defendant do refuse to join with the Plaintiff in the Commission: Then the Plaintiff may sue out the Commission himself alone on his party, and direct it unto four justices of the Peace, and execute it at his pleasure:  
Otherwise the Plaintiff may (if he will) examine his Witnesses here in Court.  
When the Writ ad Reiungendum is served upon the Defendant, he need not to enter any appearance thereupon, but only to rejoin to the Replication.  
Fee inde———— ut supra.  
And if the Defendant do join with the Plaintiff in Commission: Then the Defendant is to pay the one half of the Fee of the Commission:  
Fee inde, 0 ut supra 0  
If the Plaintiff do delay the suing forth of any Commission to examine Witnesses, Then the Defendant, upon Oath made that he was served to rejoin, may himself alone take forth a Commission to examine on his party:  
Fee inde,———— ut supra.  
Or otherwise, the Defendant for such delay of the Plaintiff, may the next Term following move to have the Cause dismissed.  
When the Commission is executed and returned▪ The Plaintiff or Defendant may assign and give to each other a day to show cause why Publication should not be granted in this matter, etc.  
 l. s. d. Fee for Return of the Commission, 0 0 4 The Rule for Publication, 0 1 0  
After Assignment to Publication & the days so assigned be expired; if nothing be said to the contrary, Then Publication may be entered.  
 l. s. d. For the entry of Publication, 0 1 0  
Note, that nothing stayeth Publication, but it must be granted upon  

Order,  
affidavit,  
Certificate, or  
Consent.   
After Publication is so had and procured (as aforesaid) the Cause standeth then at the highest: For until Hearing, nothing more is to be done here.  
 l. s. d. For the entering of the Cause then into the common Book of Hearing, 0 1 0  
Lastly, you shall observe that nothing altereth the aforesaid grounded rules of this most Honourable Court, but only  

Order,  
affidavit,  
Certificate, or  
Consent.   
Which procured upon some extraordinary accidents, do sometimes change the prescribed custom of proceeding and rule of the Court.   

The form of proceeding o'er tenus in the Star-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 thereupon doth confess the fact or words, and subscribeth his hand to the same Confession made in writing before the Lord Chancellor or Lord Keeper, or any the Lords, judges, or the King's Counsel; And doth, when he is called to this Bar to answer it, likewise confess the same to be true, and acknowledgeth his hand subscribed to the confession made (as aforesaid:) Then, and in such case the Court useth to proceed to Sentence and Censure in the matter.  
It hath not been seen formerly, That any but the Lord Chancellor or Lord Keeper, the judges, or the King's Counsel have taken any such Examinations or Confessions so subscribed under the Delinquents hand (as aforesaid.)  
Nevertheless, if any other who hath authority in this behalf, shall take any such Examination & subscription, And the party so examined and subscribing, shall at the Bar confess the matter, and acknowledge the hand; The Court may proceed to Sentence and Censure thereupon:  
For the life of his Examination is the Confession and acknowledgement thereof at the Bar, when the Court doth examine him (as the custom is) whether that which is confessed in writing be true, or not.  
And if the Lord Chancellor or Lord Keeper, the judges, the King's Counsel, or any other shall take any such Examination and Confession; Yet, if the party at the Bar shall either deny his hand thereunto subscribed, or the matter therein contained, to be true; Then the Court doth not use to proceed to sentence or censure him.  
So consequently the strength of the Examination seemeth not to stand in the party who taketh it, if he be of authority, but in the parties Reexamining the same at the Bar, and the Recognization thereof.  
And so I conclude the practice of the Court of Star-chamber.    

THE EXCHEQVER.  
THE Exchequer hath three several places of proceeding, according to the three differing manner of business belonging unto it on the pleading side: (viz.)  

The Chequer Bar,  
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 Answer; And the proceeding thereof is very much like to that of the Chancery, (as is said before) and therefore I mean not to insist any further upon it.  
For the Court of Pleas, It is the very Imitative of the Courts of Common Law in the Hall, and therefore I would be loath to boil the same meat twice over to your Trencher: but reserve myself for the Chequer Bar especially, and the Receipt side.  
The Process and Proceedings of the Chequer Bar are distributed between the two Remembrancers of this Court; (viz.) the King's Remembrancer and the Lord Treasurer's Remembrancer:  
And what doth properly appertain to the one, and what to the other, I have at large set down in my Direction for Search of Record, according to the final Doom and Order of Sir Richard Lyster Lord chief Baron in the time of King Henry the eighth:  
And by the view of the particular matters and businesses therein appropriated so respectively, you may the better judge of the proceeding to be held upon them; the rather, for that even here at the Bar side, they do in most things follow the practice of the common Law also.  
Therefore I shall bend myself to set forth the practice of those things which are not presidented in the other Common Law Courts at all, being matters only proper to this, etc. with that small difference which is between this Court and those of the Common Law below Stairs, in point of Appearance at the beginning of a Suit, etc.  

The order of Appearance in the Exchequer.  
IN the Exchequer the appearance may be made by Attorney, so that there be sureties laid in to answer the matter.  
This Bail must be always taken before a Baron in the Court, and not in his Chamber, as is used in other Courts:  
The Process is a Sub poena; And if the Defendant do appear thereupon by his Attorney, his Sureties must be bound by Recognizance (as aforesaid) with Condition that he shall render, etc. If the Defendant be condemned.  
If the Plaintiff be pleased, The hand of the Defendant may be sufficient in this case, whether he appeareth personally or no:  
And except the matter be the greater, one Surety may suffice, etc.   

The Charge of Appearance upon a Sub poena in the Exchequer.  
 l. s. d. I Nprimis the Appearance, 0 0 8 The Recognizance, 0 0 8 The Attorneys Fee, 0 3 4 l. s. d. The Copy of the Information, at eight pence the sheet,— le sheet. 0 0 8 For entering of the Bail, if it be in general issue, 0 5 0 If in a special issue, then for every half Roll, 0 16 4 To a counsellor for drawing of the Plea in Bar at the left,———— If it will satisfy. 0 6 8 The Sub poena itself and Seal whereupon the appearance is, 0 2 7   

The charge of an Enrolment 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 every Roll, 0 3 4 To the Attorney. 0 3 4 Sum Total. inde 0 19 8   

The charge of the Sheriff's account in the Exchequer.  
 l. s. d. INprimis, for the Tales upon 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 Sheriff, whereby Execution is to be returned, Sur. account. 0 13 4 For the Warrant of Attorney, 0 1 0 The entry thereof, 0 0 8 The Ushers Fees, & poor man's Box, 0 13 4 The Controller of the Pipe, 0 16 8 To him more in regard, 0 3 4 To his Clerk for Summons and in regard, 0 5 0 To the Clerk of the Pipe in part of his Fee, 1 0 0 To the Lord Treasurer's Remembrancer, 0 13 4 To the Foreign Opposer for changing of the green Wax, and making of the scroll thereof, 1 6 8 To him for allowance of the wages for the justices of the Peace, 0 18 0 To the Clerk of the Estrats for portage of books,—— As you can agree. To the Vnder-Clerke of the Pipe for the like,———— Similiter. The Precedent for the foreign Account,———— Quer.  l. s. d. Fee in regard of the justices of Assize their Diet, 10 0 0 To the Attorney for the Entry thereof, and the other Petitions, 2 0 0 To the said Attorney for his ordinary Fee for the whole year, ad recipiendum mandat, etc. 1 6 8 To him in regard for every Term during the Account, 0 3 4 To his Clerk in regard, 0 10 0 The Copy of the Sheriff's Seizures, according to the number of them.————— According to the number of them. Le: Seizure old, 0 1 0 Le. Seizure new, 0 2 0 To the Clerk in regard of the same, 0 3 4 To the Remembrancers Office for every thereof, and for joining the Tales of proffers, 0 3 4 On the Lord Treasurer's 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 joining of the same, 0 0 8 For allowance of the same, 0 1 0 For every day that is given to the Sheriff for respect of his Accounts, 0 6 8 For Entry, thereof, 0 2 0 To the Usher for Proclamation when the Sheriff 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 foreign accounts, 0 6 8 To the same Baron of examining of the Sheriff's Schedule, 0 6 8   

The ordinary charge for passing of an Account.  
INprimis, for delivery and receipt of three Certificates, 0 1 0 For delivery of the King's part of the books of Extant to the Auditor, 0 0 4 To the Auditor's man for a bag, 0 0 6 l. s. d For a Warrant of Attorney, 0 0 8 To the Teller for Receiving of the money, and for making a Bill thereof, 0 0 4 To the Auditor's man for allowing of the Certificates, 0 1 6 To the Auditor's man for engrossing of the Accounts, 0 4 0 To the Baron's man for Receiving & allowing of the Warrants of Attorney, 0 2 0 For Entering of the Account on the King's Remembrancers side, 0 1 0 For the like entry with Master Smith, 0 1 0 For joining of their two Tales, 0 0 8 For entering of the Quietus est, 0 2 0 For the Quietus est, 0 3 4 The Attorneys Fee, 0 3 4 Sum Total▪ is about, 0 18 0  
And thus much for the Exchequer.  
The Sheriff's Fees do next offer themselves in manner following.    

FEES BELONGING TO SHERIFFS.  
 l. s. d. INprimis, for the Return of every Cepi Corpus, 0 0 4 For the Return of a Nihil, or a Non est inuentu●…, 0 0 4 For return of a Proclamation, 0 1 0 For the return of a Venire facias, 0 1 0 For the return of a Habeas Corpor. or Distringas, 0 2 4 For every name returned utlawed, 0 0 4 For making of a Warrant upon a Writ, if it be directed to the ordinary Bailiff, then for every name, 0 0 4 If to special Bailiff, or Bailiffs, Then for every name, 0 2 0 For the Arrest of every Defendant,———— Payable by the Plaintiff. 0 1 0 l. s. d. For making the Bond wherein the Defendant is bound with two Sureties for his appearance at the return of the Writ, and in the Court named in the Writ, 0 0 4 For a Copy of the Warrant upon the Writ, 0 0 4  l. s. d. For a Replevin or Reple●…it in the Shire, 0 2 0 For the return of a Recordare, 0 0 4  l. s. d. For the Return of an Accedas ad Curiam, 0 2 0  l. s. d. For the return of a Distringas nuper vic. 0 2 0 For the allowance of a Supersedeas, if it be after the return of the Exigent, 0 1 0 

For the Executing of a Writ to inquire of Waste:  
Also to inquire of Damages:  
Also to execute a Statute:  
Or habere facias se●…sinam:  
A Writ of Right:  
De partitione faciend.  
For removing the Overcharge of Common of Pasture.  
Enquirie upon an Elegit.  
Writ of forcible Entry, or holding with force, whereupon the party amoved is to be restored to his possession.  
Execution of a judgement, supper bre. de dote.  
And the like.   The Sheriff hath for these, as you can agree with him. For the serving of an Execution, there is a general Rule, that he should be allowed according to the rate thereof in poundage,—— See the Statute of Eliz.  l. s. d. For the Returning of a Mandavi balli●…o, 0 0 4  
But unless I had been thrice an Under-sheriff, it were impossible for me to set down all his Fees plainly and honestly: Therefore I leave the rest to offer themselves unto you, wishing it to be ever 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 understood, that heretofore the Clerk of the Peace, being only Clerk under and unto the Custos Rotulorum of the County, was wont to have wages yearly of the said Custos for his service.  
The Clerk of the Peace is to make out all the Writs of warning, of all such persons as are to give attendance at the Sessions of the Peace, to be kept at such place, as the justices do appoint and agree upon.  
And at the place and time appointed for the Sessions, The Clerk doth first read the Commission of the justices, And then the Sheriff of the Shire doth return four and twenty of every hundred in the County, of which there is one Grand jury for the body of the Shire drawn forth; and this is called the great Enquest.  
And when the great Enquest is sworn, One of the justices giveth the charge unto them, whereupon they shall inquire.  
After the charge given and ended, They do depart from the Bar, to some room in some house near thereabouts, where they may be conveniently together.  
And to them then and there are brought all Bills of Felony, Trepasse, Riots, or other misdemeanours & offences given them in charge to inquire of.  
And if the great Enquest find any of the said Bills or presentments to be true, And the parties themselves 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 Clerk of the Peace is to make forth against them three Capias's●… and an Exigent to come in, to traverse the presentment, or to subject themselves to the Censure and Doom of the Court, etc.  
When the great Enquest find the Bill true; they write on the Backside thereof, Billa vera; But in case they can not find it true for want of sufficient Evidence; Then they write on the backside thereof, Ignoramus.  
If it be found, than the Clerk is to make forth Process (as aforesaid:) but if the jury find it not, than farther proceeding is not to be had thereupon.  
If the party so indicted be present, if it be in case of Felony, etc. he may be forthwith arraigned before the said justices, who are to proceed upon him farther, as the Law in such case provideth.  
If he be not present, nor Attached, but at liberty till he be utlawed; Then after such Vtlary, every Accessary to the felony, may be arraigned and tried; but not before.  
For other offences of inferior nature, the party indicted is to come in to make his Fine at the discretion of the justices, or two of them at the least, whereof one must be of the Quorum, unless that before that time the party can get the Indictment to be removed by Certiorare into the Kings Bench.  
And if it be so Removed thither, Then the party must either there traverse it c●…m effectu, or else compound with the justices of the said Court for the same.  
 l. s. d. The Fees which every person so indicted is to pay at the Sessions, 0 2 6 Whereof to the Crier and Martial, 0 0 6 And to the Clerk of the Peace, 0 2 0 l. s. d. And in case where a forcibly Entry, or forcible holding is found before the justices, or some of them, The Clerk of the Peace is to make a Writ of Restitution, directed to the Sheriff, to put the party amoved, into the possession: For which, his Fee is 0 6 8  l. s. d. Item, for every Warrant of the Peace, 0 2 0 Item, for every Superfedeas, 0 2 0 Item, for every Warrant of good Abearing, 0 2 0 Item, of every person indicted of Felony, and thereof acquitted, 0 2 0 Item, for every person acquitted upon other Bills, 0 2 0 Item, upon Removing of every Indictment by Certiorare into the King's Bench: For the allowance of the said Writ, 0 6 8 Item, for every Writ at the suit of the party upon a Traverse tendered, 0 2 0  
Some other few Fees there be upon matter within the compass of the Commission of the Peace, which time may enable me to add: But for the other Fees which the Clerk of the Peace doth take in civil matters; as for Licences of Malstors, Hyglers, etc. because he is only Clericus Clerici Rotulorum pacis, I underst and not how he claims those Fees in civil causes.  
And for the Licence and Bond of Victuallers given upon Licence,  
The Fees are uncertain: 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 yearly. And the Victualler Licenced de novo, in some places pays more than the older Victualler.——— Fee uncertain.  
Note withal, nevertheless, that the Victualler is the best Candle-rent Tenant that the Clerk of the Peace hath: And therefore I dare trust them together, for I know not where I can better leave him.  
The Clerk of the Assize holds the next place for taking of Fees, (viz.)   

CLERKE OF THE ASSIZES 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 utraque 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 come. Bar, prout concordare potestis: As ye can agree. Item, pro quolibet Adior. ex utraque parte, si dies dat. sit utrique 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. cognoverit actionem, 0 2 0 Item, de Def. si Quer. non vult prosequi, 0 2 0 Item, pro qualibet private Verdict, 0 8 8 Under justice. 0 6 8 Item, de Def. pro indorss. cuiuslibet Record & Informac. ubi plit. 0 4 4 Item, pro quolibet Warrant Attor. 0 0 8  
And thus far my present Collations extend for the present, touching our Clerks of the Assizes their Fees.  
The Charge of proving a Will followeth.  

THE CHARGE OF PROVING OF A WILL in the Arches, the Inventory being forty pounds and not above.  
 l. s. d. INprimis, the Proctor's Fee and Prox. for proving the Will, 0 5 8 Item, the Seal and Probate of the Will. 0 1 8 Item, for Registering of the same, 0 1 6 Item, for engrossing of the Will, if it be but short: 0 1 0 Item, for engrossing of the Inventory, and exhibiting of the same, 0 3 4 Item, for the Registers hand to it, 0 1 0 Sum total. 0 14 2  
Generally for Probate of Wills, and the charge thereof according to the rate of the Inventory, see the Statute in that case, under that Title especially provided:  
If the Officers whom it concerns, can be persuaded that it was provided for them: hinc oritur questio.    

COURT OF WARDS.  

Instructions to sue forth a Lunatic.  
FIRST, you are to make suit to the Master of the Court of Wards for the Custody of him whom you desire to have; not without much care, that you use a friend worthy your trust in this behalf.  
When you have a promise there, you must prefer your Petition to him that is Master, desiring that he will be pleased to grant you a Commission for the finding of the same Lunatic: which Commission is to be directed to the feodary of the County where the Lunatic abideth, and two others at the least, whom it shall please the said Master to appoint.  
When you have order for the Commission (as aforesaid) Than you are to go to his Majesty's Attorney of the Court of Wards with the order, And he will thereupon make you a Warrant for the drawing up of your said Commission.  
This Warrant you must carry to the proper Clerk, who is to draw your Commission, which he v●…on sight of the Warrant, will accordingly do.  
 l. s. d. Fee to the said Clerk for the said Commission, 0 16 0  
Note, that when you procure your Order from the Master, you must have a special care to see that his Secretary do Register your name for the said Grant, in the Book of Remembrances of this nature, lest it should be forgotten, And withal it will not be amiss, that you use means to make the said Secretary mindful of you in your absence.  
When the said Commission is executed, and the Office found there upon, The same must be delivered into the Court of Wards, And he that delivereth it, must be sworn upon the delivery, that he received it from the Commissioners, and that in such manner as he doth deliver it, being unaltered in any point.  
 l. s. d. Fee for the said Oath, 0 0 4  
Then it is to be delivered into the Office at the Temple, from whence it is to be sent over to the Petty bag, where the Clerk will make you out a Copy of the same Commission, and Inquisition found upon it, which you must carry back to the Office of the Court of Wards, And then the chief Officer there, or the Auditor of the Court will make your Schedule by, and out of the same Office or Inquisition so found.  
To this Schedule you are to get the hand of the Master of the Court; And that being obtained, you are to bring the said Schedule so signed to the Officer, who is to make your Indentures of bargain thereupon, which he, upon sight thereof, will perform accordingly.  
Then you are to carry the said indentures to the Master of the Court, who will set his hand to one part of the same, and you that have the Grant of the said Lunatic, must set your hand and seal to the other part. And the part which you are to have, must be hereupon sealed with the seal of the Court.  
But before you have your part, you must seal to the King's part, And must also find two Sureties to be bound with you, That you shall truly account once in every year to the Auditor of the Court for the profits of the living of the said Lunatic, And to answer the stock and state of the said Lunatic, if he shall chance to dye, or recover his former health.  
And if the parties who should be bound with you, be not in town: Then you must have a Commission directed to four such in the Country as you will nominate, to see and certify the signing and sealing of your said Sureties to the said Bond.  
This Commission and Bond must be returned into the Court of Wards, who delivers it over to the proper Clerk or Officer; whereupon you shall have your part under the hand of the Master of the Court, and the Seal of the said Court.  
Then must you Enrol your part of the said Indenture, so signed and sealed in the Auditor's Office: And so you have made an end, etc.  
And  
You may conceive how several Fees do arise upon every several passage aforesaid.   

Instructions to pass a Ward.  
IN primis, you must make means for the obtaining of a Ward, as in case of a Lunatic aforesaid.  
When you have got the promise and order for it from the Master of the Court of Wards, you are to go to the King's Attorney of the said Court, and use means unto him for a Commission to inquire and find the Ward, and a Tenure for the King; whereupon you may have a Warrant from him to lead such a Commission.  
When you have that Warrant, and thereupon your Commission; you must get that Commission, to be by the proper Clerk to whom it doth appertain, directed to the feodary of the County, and two such others as you shall nominate and appoint.  
When this Commission is sped and executed, and the Tenure found for the King, which doth consequently prove the Ward, you are to return this Commission into the Petty-bagge, and there to take a Copy of it, which you are to deliver to the Clerk to whom it belongs in the Office of the Court of Wards; and hereupon he will make you forth upon sight thereof a Schedule of the value of the Land.  
Then you must carry that Schedule to the Secretary of the Master of the Court, to the end that he may procure his Master's hand to be set unto the same, And the Office for it, with the Wards exhibition, and the names of the party, or parties, which are to have the Ward: All which must be likewise set down.  
And when you have the said Schedule so signed, Thereupon the Indentures of the grant are to be drawn up, To the one part whereof, he or they that have the Ward, are to Seal and sign; and to the other, the Master of the Court doth use to subscribe his hand, and then the Seal of the Court is affixed thereunto.  
Now if the parties who have the grant, have not also their Sureties who are to undertake for them in this behalf, in Town, so that they may here enter into Bond with him, with condition of making a true account, and not doing of any waste, etc. Then there must be a Commission procured to four such persons as the Grantee or Grantees shall name, to attend and see the sealing and delivery made by him, or them, and his, or their Sureties, which the Commissioners must certify and send up under their hands and seals, attested with some Witnesses to the same.  
And this must be delivered into the Office of the said Court, to the proper Officer, with and upon Oath to be made, that it is delivered in such manner as it was received from the Commissioners themselves unaltered, etc.  
Thereupon you shall have a Bill for the receiving of the exhibition thereof, And according to the Ancient form of practice, That Bill was wont to be then signed by the King's hand, by the procurement of the proper Clerk of the Office.  
And when the same is so signed, it does pass through the several Seals, and at the last under the Great Seal of England, which course, I understand not to be altered as yet: howsoever I may suspect, in regard of the many new Instructions which have issued of late times, for the ordering of the affairs of this Court, that some small difference may inter●…edere, etc.  
When your said Patent is so sealed, you are to deliver the same and the Schedule of the value of the Land to the Auditor of the Court, who is to see that the same be forthwith enroled.  
And thereupon the Auditor will give order to the feodary of the Shire, to pay you the exhibition yearly, etc.   

The charges of obtaining a Ward, do follow.  

Feod. sequuntur.   l. s. d. IN primis, for the Commission to find the Tenure for the King 0 15 0 Item, the Return therefore to the Clerk of the Petty-Bagge, 0 16 0 Item, the Copy of the said Office at eight pence the sheet, 8. pence the sheet. Item, to the Clerk of the petty Bag for examining of the same, 0 2 0 Item, for making of the Bargain, 2 0 0 Item, to the said Officers Clerk who maketh the same, 0 14 4 Item, for making of three Obligations, 0 16 0 l. s. d. Item, for the Commission for sealing of the Bargain & Obligation in the Country, in case where the party Grantee or his Sureties be not in town to Seal, 0 5 6 Item, to Master Attourneys man for the affidavit inde, 0 0 4 For drawing of the Schedule. 0 6 8 For drawing of the Bill to be signed, and getting of the King's hand unto it. 0 6 8 To the Clerk for writing of the said Bill, 0 3 4 To him more for entering the same into the Book, 0 2 0 To the Auditor for enrolling of the Patent and Schedule of the Land,———— or rather, as you can agree. 0 13 4 To the Clerk for writing of the Schedule, 0 1 0 Besides the Copy of the Office, ut supra.  
Thus I conclude with this Court, giving you farther to take in direction, that you examine these with the latest Books of Instructions given and published in Print for the ordering of this Court; whereby you shall the better discern the alterations, if any be.  
FOr the Idiot, I had almost forgot him; Howsoever the matter is not great: For it is but a foolish business when all is done.  
You have a fair example of a Lunatic before your eyes, and therefore I shall only need to give you this monitory instruction touching an Idiot: That you be assured that yourself is somewhat the wiser man, before you go about to beg him, or else never meddle with him at all, lest you chance to play at handy da●…dy, which is the Guardian, or which is the fool? and the case alter è Conuers●…, ad Con●…ersum. I pray let us have no Platonisi●…e in the matter: And so much for the Idiot.    

THE COURT OF PARLIAMENT.  
I should say somewhat touching that great Court of Record, The Parliament. But the object is so far removed from my sight, that I cannot presume a certain representation, with these weak species of eyeing those mysteries: I make bold by way of Explanation, Introduction and Deduction of Sir Thomas Smiths Commonwealth, to deliver this only.  
YOu shall understand thet all the Law of this Land which is Positive, doth consist either in———  

Acts of Parliament: or,  
Proclamations.   
For the Acts of Parliament, public or private: They be all kept and remain in the Custody of the Clerks of the Parliament; Howsoever (as I showed you in the Search of Record) that they are, or at least should be, in the Chapel of the Rolls likewise, and most of them are brought over thither by Certiorare, ut ibidem, &c▪  
These Acts (as you may read) are made and established by the King, the Peers and Commons of the Land, so stably and sanctedly, that they be taken for Law.  
And that you may the better conceive, what are the businesses, what the practice, and what consequently the Records of this Court, I will briefly receit the very words of Sir Thomas Smith to that point only:  
(viz.)  
The Parliament Abrogateth old Laws; Maketh new; giveth order for things past, and for things hereafter to be followed; Changeth right and possessions of private men; Legitimateth Bastards; Establisheth forms of Religion; Altereth weights and measures; giveth form of Succession to the Crown; Decideth of doubtful Rights and Titles, whereof there is no Law already made; Appointeth Subsidies, Tails, Taxes, and Impositions; giveth most free Pardons and Absolutions; Restoreth in Blood, and Name; Naturalizeth Aliens borne out of the King's Allegiance, and to be short, All that ever the people of Rome might do either in Centuriat is commitijs, or Tribunitijs, the same may be done by the Parliament of England: And so much to the current of his stream.  
It is evident, that this is the highest Court of this Realm, because the Authority of it is absolute, and bindeth all manner of persons, For that they are all parties and privies thereunto, by way of Representation, etc.  
Unto this High Court do come some,——  

1. By reason of their Tenure.  
2. By virtue of Writ.  
3. By virtue of Office.   
There do come by reason of Tenure these: (viz.  

Pertenu●….  
Archbishops,  
Bishops,  
Abbots,  
Priors,  
Dukes,  
Marquesses,  
Earls,  
Barons.   
These use to be summoned to appear by the space of forty days before the Parliament.  
They who do come in by Writ, are these: (viz.)  

perbre.  
Knights of the Shires.  
Burgesses,  
Citizens of Cities.  
Barons of the 5. Ports.  
The King's Council.   
There do come hither also by Writ, directed to the several Deans, and Arch-deacons of this Kingdom:  

per bre.  
Two several Proctors of the Clergy, for every several Deaconry, & Archdeaconry:   
These Proctors of the Clergy, be elected by the Clergy also.  
And every of these do bring with him two Warrants, whereof he keepeth one by himself, and the other he enroleth with the Clerk of the Parliament.  
From hence, some have gathered an Opinion, That sometimes heretofore the Convocation house hath been a member or part of the Parliament House.  
But it appears to be otherwise in the Case of Phil●…t, who being questioned for Heresy, and certain heretical words by him spoken, did in his answer allege, That the words so spoken, were delivered by him in the Convocation house, which he held to be a place of freedom and liberty of speech, as being a limb or member of the Parliament House, which assertion was overruled, And the Convocation adjudged to be no member of the Parliament House. For though they come by Writ of Summons to the Parliament; Yet they have no power over the laity, but only authority to charge the Spiritualty; Or to make Institutions Provincial, as Holidays, Fasting-days, and such like; And an Act of Parliament may pass without their consent, privity, or interposition in any manner of wise, etc.  
There do come hither, by reason and virtue of Office, these; (viz.)  

Per service.  
1 The chief Crier of England.  
2 The chief Vsher.  


of the Exchequer.  
3 The Chancellor  
4 The Treasurer  
5 The Chamberlain  
6 The Barons    
7 The justices of either Bench.  
8 The Steward of England.  
9 The Porter.  
10 Grooms.  
11 And all tied by service to be here done, etc.   
The Steward's Office hath been to place the Lords there.  
The Porter hath used to see that there be but one door, at which to go in and out.  
And every one of the abovenamed Officers hath had his several charge respectively.  

The Allowance of the Knight, Burgesses, and Barons of the Cinque-Ports follow: (viz.)  
EVery Knight of the Shire hath used to have the Allowance of a Mark by the day, to be paid by the County whereof he is Knight; And this may be levied by Distress, etc.  
Knight:— 13. s.— 4. d. per diem.  
Burgesses and Barons of the Cinque-ports.  
These have not used to have per diem above 10. s. per piece for expenses.  
And for the levying of this, They have not used to distrain, but have taken forth a Writ under the Great Seal of England.  
The Writ for the Barons of the Ports, is directed to the Warden.  
The Writ for the Burgesses, is directed to the chief Magistrates of the City or Town Corporate for which they are Burgesses.  
And the bodies for whom the forenamed persons are employed, must pay the Fine for their default, etc.  
As,  
 l. s. d. For the first day wherein the Burgess shall be called, and appears not, his Borough shall pay 0 100 0 If at the second day, the Knight of the Shire do not appear, his Shire shall pay 100 0 0 If at the third day a Baron of the Cinque-ports shall not appear, those of the Cinque-ports shall pay 66 6 8 If at the fourth day, the Proctor of the Clergy do make default, his Bishop shall pay 100 0 0  
And if all the Bishops, and all the Lords Spiritual and Temporal be absent, having lawful Summons; Many are of opinion, That the King with this Commonalty may proceed alone.  
The officers in Parliament are:————  

The Speaker.  
Two Clerks.   
Of which Clerks, one is for the Upper House, and the other for the Lower House.  
The Speaker he doth commend and prefer the Bills exhibited into the Parliament.  
The Speaker is usually appointed and nominated by the King, though accepted by the House: And the Lord Keeper or Lord Chancellor useth commonly, pro forma, on the first day of a Parliament to speak to the House, that they make choice, and name one to be their Speaker etc.  
The Clerks are Custodes Rotulorum Parliamenti.  
Touching their Fees: Non altum sapimus, etc. And thus I conclude with the Parliament.  
For the other part of Positive Law, which does consist in Proclamations: I may only say what they are, And what is the power of them, according to the common received opinion; and farther I intent not any speculation into them.  
Proclamations are, where the King and his Council think fit and expedient to publish any thing as a Law.  
The effect and power of them, as also the pain of him that breaketh the same, you may read in diverse Treaties upon this subject; In all which I find this general consent, That if the Ordinance or Proclamation so made, be in supplement or Declaration of a Law that hath been formerly made and been good; It is to be obeyed as a Law, and the breaker thereof is to undergo the pain of him that breaketh a Law and his Allegiance, etc. So did those Provisiones Merton attain, & to this day do hold the name and reputation of the Statute of Merton, etc.  
Dixi.    

THE OFFICE OF AN ESCHETER is set forth in these few lines following: (viz)  

REgia demandunt brevia Eschaetoribus ista  
Cognoscenda; sibi Quae sint Attinctio donet;  
Quantum de sese; Quantum de al●…isque tenebat;  
Per quae seruitia tenuit; Quantumque valebant  
Terrae: Quoque die fatis concessit, E●… haeres  
Quisnam proximior; Cuiusque aetatis ab ortu.   
Note:  
Where the value of the Lands to be enquired of, do exceed the value of five pounds per annum, There he must inquire only by virtue of Writ.  
Where the Lands are under that value, he may inquire by virtue of office, and that Writ.  
In every case the Inquisition found, must be returned into the Petty-bagge, etc.   

THE DUCHY COURT.  
THis is a great Court of Record, and it admits Pleas as well real as personal, as also mixed plead, concerning the Lands of the Duchy.  
The judges here are the Chancellor of the Duchy, assisted by his Majesty's Attorney of the Court, and two judges of the Common Law, who advice them for matter or question of Law.  
The Rolls and Records of this Courts proceedings, are in the custody of the Clerk of the same, to whose Office they do appertain.  
But the King's Evidence, Leases and Grants of the Duchy Land, as well the Possessions and Copyhold, as Fee-simple, and Fee-ferme, are all in the keeping of the Auditors.  
The Auditors of the Court are diverse, howsoever two are most principal; one whereof for the Lands of the Duchy on this side Trent, and another for the Lands beyond Trent.  
There be diverse Surveyors for the Duchy Lands, for the Survey of them, but they keep no Record, unless it be some models of their own making.  
And so I leave the Duchy, etc.   

THE CONCLUSION.  
I Conclude with this humble Request made to those who have power of Reformation, in this crying reigning evil amongst Lawyers, touching the disappointment, and defeat of Clients causes, for which they are retained and Feed, and yet often fail to give attendance in the hour of Tribulation, or to be near unto the Client in the day of Visitation (a foul fault in a friend, but worse in a servant.)  
It may therefore please those in Authority to give the abuse this proper redress; (viz) That if any one of them take his Fee to be of counsel, and to attend at such a certain time and place, and shall notwithstanding fail; The party who so Feed him, upon complaint to the judge before whom he was feed to be, may have his Fee returned again, with such Damage as he shall make appear to the said judge that he hath sustained by the Absence of such Counsel, And that in case it shall be proved that he absented himself in favour of the adverse party, he may be fore-iudged his practice, and receive some other fitting and exemplary punishment in that behalf.  
FINIS.  
Foelix quem nulla Cyconia pinsit. T. P.   

A TABLE OF THE CONTENTS HANDLED IN THIS succeeding TRACTATE:  


And first in the Chancery.  
HOw the Sub Poena of later times was thought fit to be granted without exhioiting of any Bill for the purpose, fol. 1.  
The use of the Sub Poena. fol. 2.  
The manner of Returns here. fol. 2.  
What time the Complainant hath to put in his Bill. fol. 2.  
How the Defendant may have costs against the Complainant, for not putting in his Bill in due time. fol. 2. & 3.  
How the Defendant may recover the said costs against the Complainant. fol. 3.  
How the Defendant may in the said case sue the Complainant to the Commission of Rebellion. fol. 3.  
How the Complainant may have costs against the Defendant, for not appearing. fol. 3.  
How the Complainant may recover those costs against the Defendant. fol. 3. & 4.  
How the Oath must be made, for the serving of a Sub Poena. fol. 4.  
How the Complainant may make the Defendant to answer to his Bill (the appearance being made.) fol. eod.  
What course the Complainant may take against the Defendant for not answering within the time prefixed. fol. 5.  
The causes whereby the Defendant may satisfy the Court of his delay in answering. fol. eod.  
How the Defendants Attorney may procure a Dedimus Potestatem, to take his Clients Answer in the Country. fol. 5. & 6.  
How the Attachment made against the Defendant for not answering, must be entered. fol. 6.  
What liberty the Defendant hath to answer, where no day is given to him for that purpose. fol. eodem.  
How the Attachment is to be had and entered of course against the Defendant, for not answering. fol. eodem.  
How the Defendant is tied to answer, in case the Sub poena be returnable, so near to the Term's end, that day cannot be given to answer. fol. eod.  
What liberty the Defendant hath to appear, where the Sub Poena is returnable on the last day of the Term. fol. 6. & 7.  
How the Defendant is tied to appear and answer, being served on the last day of the Term, with a Sub Poena returnable immediate. fol. eod.  
How the Defendant, in case where he hath benefit of delay, or to answer by Dedimus, is tied to put in his answer. fol. eod.  
How the Defendant may by Dedimus potestatem Demur in his Law, and how it is to be certified. fol. 8.  
How, and in what case the Defendant is denied the bevefit of Demurrer to the Bill. 8. & 9  
How an Attachment lies in case of Demurrer, not allowable. fol. 9  
How to proceed upon the said Attachment. fol. eod.  
How every Defendant shall be in like pain, upon like fault. fol. eod.  
How the Husband shall suffer for the wives non appearance. fol. 9  
How an Attachment in such case lies against both. fol. 10.  
How (in case the Complainant do dye) his Executor or Administrator may revive the suit. fol. eod.  
How the Complainant shall be enforced to revive his suit laid against the Husband and his Wife, in case where the Husband dyeth; with the Wife's privilege in that case for Answer. fol. eod. & fol. 11.  
How the Feme sole answering alone, loseth that privilege in case of after-marriage. fol. eod.  
How the Feme sole being Complainant, is by after marriage enforced to revive her suit. fo. eod.  
The privilege of the Wife, and her power of election, whether she will abide the Bill exhibited formerly by her husband & herself or no: (her husband being sithence deceased.) fol. eod.  
How of joint▪ parties (after a Bill exhibited by them) the one dying, the Survivor may proceed against the Defendant. fol. 12.  
How the Complainant upon Bill of Reviuor, shall be in case as when the cause of Reviuor accrued, except good cause be shown to the contrary. fol. eod.  
The Bill exhibited for Land under 40. s. value per annum, is to be dismissed. fol. eod.  
Upon Demurrer, or Disclaimer, no Replication doth lie. fol. eod.  
The danger thereof. fol. 12. & 13.  
What liberty the Complainant hath to Reply, after the answer is put in. fol. 13.  
What time is limited to him to reply. fol. eod.  
How the Defendant may rejoin, & enforce the Complainant to join in Commission, or otherwise examine witnesses ex parte alone. fol. eod.  
How that Commission shall be directed. fol. eod.  
How the Complainant may join in Commission. fol. eod.  
How Commissioners must be named when both parties do join. fol. 14.  
What warning must be given for speeding of the Commission, and how it must be given. fol eod.  
The privilege of the Complainant in naming of Commissioners, and carrying of the Commission. fol. eod.  
In what cases he may examine Witnesses. fol. eod.  
What warning the Defendant is to have, in case where he will examine in perpetuam rei memoriam. fol. eod.  
How the Defendant upon good cause may stay his examination in perpetual memory. fol. 14. & 15.  
The manner how the Complainant may proceed to examination (no cause being shown to the contrary.) fol. 15.  
How those Examinations are to be published. fol. eod.  
How those Examinations may be given in Evidence. fol. 15.  
How either party may examine Witnesses in the Court. fol. 16.  
When the Complainant is ready and able to have a Commission to examine Witnesses. fol. eod.  
How the Complainant may proceed to Commission ex parte, the Sub Foena to rejoin being served. fol. eod.  
What day the Complainant may give to the Defendant to rejoin. fol. eod.  
The Defendants danger in not Rejoining accordingly. fol. eod.  
How the Complainant may limit the Defendants time to produce his Witnesses. fol. eod.  
The benefit of the Defendant, by coming in before the last peremptory day given. And his prejudice for not coming in sooner, before the former days given were passed. fol. 16 & 17.  
How in joynt-commission either party is to name his Commissioners; with the order thereof, and the manner of exception therein used. fol. 17.  
The common exceptions used to be given to Commissioners. fol. eod.  
How the Defendant may renew and carry the Commission (the Complainant failing to execute the same.) fol. 18.  
How the Complainant may renew it also. fol. 18.  
How either party may after either Commission returned, give day for Publication. fol. eod.  
What day is to be so given; and how publication is granted after it is past. fol. eod.  
How no Witnesses are to be examined after publication, but by special order, for special cause, And with what provision, and limitation it is used to be granted. fol. 18. &▪ 19  
How Depositions taken by such special order, are published. fol. 19  
How the Defendant being arrested in coming to make his appearance, here upon Sub poena, may be released by the Court. fol. eod.  
The difference of the case, where the Complainant is so arrested. fol. eod.  
How the Complainant may be released, and in what case. fol 19 & 20.  
How the party arresting may be relieved here, against the party arrested. fol. 20.  
The party privileged here, cannot privilege his Wife, where the matter concerneth his Wife. fol. eod.  
How in suits between men privileged in other Courts, and men privileged here; the priority and first start carries it away, and enjoins the other. fol. eod.  
What order was made heretofore, touching examination of Witnesses, in perpetuam rei memoriam. fol. 21.  
What Witnesses shall be examined. fol. eod.  
What warning the Complainant shall give to the Defendant, of his examining. fol. eod.  
What care the Commissioners must have, that fitting warning be given before they do examine. fol. eod.  
How the Defendant may stay their proceeding to examine. fol. 22.  
How the Commissioners are to certify this stay. fol. eod.  
How the Defendant may join in the Commission. fol. eod.  
What Certificate the Commissioners must make upon return of their Commission. fol. eod.  
What orders are to be observed, before the granting of Publication of the aforesaid Depositions. fol. 23.  
What Oath must be made by him that prayeth Publication of them. fol. eod.  
How the Commission aforesaid must be opened when it is returned: And how Publication may be granted. fol. eod.  
Against whom the said Depositions may be given in evidence. fol. eod.  
When the foresaid Orders shall need, and when not. fol. 24.  
The difference between such a Commission jointly, and the same ex parte. fol. eod.  
What clauses and conditions an Injunction granted here for preservation of Possession, pendente lite, shall have in them. fol. 25.  
The farther security that the Court will have in such case. fol. eod.  
What Clauses and Conditions Injunctions granted here for stay of suits at the Common Law must have in them, and what security the Court requireth in such case, etc. fol. eod.  
Upon what security and condition, a special Certiorare may be granted here. fol. 25. & 26.  
How suits may be dismissed this Court for the in●…aluablenesse and unworthiness thereof. fol. 26.  
How Process to hear judgement shall be returned; and how such Writs must be endorsed. fol. 26. & 27.  
The ancient custom of this Court in retaining of suits. fol. 27.  
How to procure a Hearing. fol. eod.  
The several Punishment for breach of an Injunction. fol. 28.  
The manner how to proceed against him that is a Contemptor in the said kind. fol. eod.  
How the Contemptor appearing, may upon security to perform fitting obedience, have his liberty de bene esse, or in diem. fol. 29.  
How far Affedavits shall be admitted here, and what their power and reputation shall be.   

Contempts.  
WHat course is to be held in case of Contempts used in serving of Process. fol. 30  
What course for Contempts against Orders and Decrees here. fol▪ 30. & 31.  
How the party charged with Contempt sh●…l be righted, in case he shall clear himself, or be not effectually prosecuted. fol. 31.  
How far Contemp●…ors to the Proclamation of Rebellion may be capable of grace. fol. eod.  
How Prisoners upon Contempts may be discharged.  
How Contempt may be suspended, when it cannot be released. fol. eod.  
What things cannot be granted regularly upon Petitions. fol. 32.  
How far orders may be subject to alteration, explanation, or suspension upon Petitions. fol. eod.  
How far Commissions to examine, or Examinations may be shaken by Petitions. fol. eod.  
What prevalence Petition may have against Demurrer. fol. eod.  
What course the Lord Keeper useth to take touching Injunctions, before he doth sign them. fol. eod.  
What power Petition hath against Injunction. fol. 32. & 33.  
How Injunction to stay suits at the Common Law shall be granted; and in what cases. fol. 33.  
How the Injunction shall dye, for not continuing of it. fol. 33. & 34.  
How an Injunction shall be stayed, by reason of the like suit in the same Court. fol. 34.  
How an Injunction may fall for want of prosecution. fol. eod.  
How in case of Debt after Arrest, no Injunction is to be granted, without the money brought into Court; And how the case may be altered for the depositing of the money. fol. eod.  
When, and where Injunctions for Possession may be granted. fol. 34. & 35.  
How for Contempt, a Sequestration, and afterwards, an Injunction for Possession may be granted. fol. 35.  
How an Injunction against spoiling of Woods or grounds may be granted. fol. eod.  
Order for enrolling of Injunctions. fol. eod.  
The Registers duty, in case an Order be made against the general Rules of Court. fol. eod.  
Registers to be sworn. fol. 36.  
Orders made surreptitiously to be ineffectual. fol. eod.  
How orders are to be set down plainly as they are delivered in Court, And how explanation of orders is to be granted. fol. eod.  
What course the Register must hold in delivery of any draughts of Orders to either party. fol. eod.  
What course the Register is to observe in case where, upon hearing of a cause debated by both parties, the Court shall refer it to a Treaty. fol. 37.  
How the Registers are to conceive and draw the Order honestly, without respect of Counsels interlineation thereof. fol. 37.  
What care and course the Register is to observe in penning, and passing of Decrees of weight through the Lord Keeper's hand. fol. eod.  
How Decrees of the Rolls are to be presented to the Lord Keeper. fol. 38.  
How Decrees under the Great Seal may be reversed, altered, or explained, And how Bill of Review shall be admitted. fol. eod.  
How in case of mis-auditing, a Decree may be explained without Bill of Review. fol. eod.  
How far a Bill of Review may prevail upon a matter Decreed. fol. 39  
What provision is made for preservation of men's Rights, upon Review of Decrees. fol eod.  
What provision is made for Supportation of Acts of Parliament against Decrees, And what relief in such cases. fol. eod.  
What kind of Imprisonment he ought to have, who breaketh a Decree, etc. fol. 40.  
What course is to be held against him who doth obstinately disobey and break a Decree, and persist in Contempt. fol. 40.  
What course is to be held in case of a Decree for possession, from the first Process of Execution to the last of Injunction by graduation. fol. eod.  
When the party committed for breach of a Decree, in part may be enlarged. fol. 40. & 41.  
How he may be enlarged for performance of so much of the Decree as is in future to be performed. fol. 41.  
How far he who was not served ad audiendum iudicium, is bound by the Decree. fol. eod.  
How far he who is made no party by Bill or Order, is bound by the Decree. fol. eod.  
How it bindeth him where he comes in pendente lite. fol. eod.  
How a Sequestration of Land may be granted for a Rent payable out of it by Decree. fol. 41. & 42.  
How the Decrees of the Provincial Courts, and Court of Requests, may be strengthened by the Chancery. fol. 42.  
What respect this Court giveth to the Decrees of other Courts upon hearing here. fol. eod.  
How far Decrees after judgement here shall extend. fol. eod.  
How a Decree under Seal may be reversed, altered, or explained. fol. eod.  
How a Bill of Review shall be admitted. fol. eod.  
What security the Court requires upon putting in of a Bill of Review for proving of the same. fol. 42. & 43.  
Who shall have the Consideration of a Demurrer, or question, touching the jurisdiction of the Court. fol. 43.  
What time is to be given to speak against the confirming of a Report. fol. eod  
When the cause is so far proceeded, that Reference to hear and determine may not be made. fol. eod.  
What respect the Court gives to a Report exceeding the Warrant. fol. eod.  
What course the Masters of the Court are to observe 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 be held for Examination of Court Rolls. fol. eod.  
How reference shall be made of the insufficiency of an Answer. fol. eod.  
What course is to be taken, where a Trust is confessed. fol. 45.  
How causes dismissed upon a full Hearing, may be retained again, and how not. fol. eod.  
What course the Court holdeth for Retaining or Dismission of new Bills, after Dismission of the old. fol. eod.  
What suits may regularly be dismissed the Court upon Motion. fol. 45. & 46.  
Of what value the suits 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 Answer. fol. eod.  
When the cause is proceeded so far, that it cannot be dismissed without a Motion and Order. fol. 46.  
What Relief for double Vexation. fol. eod.  
How in case where causes are removed by Certiorare, the party is tied to prove the suggestions of his Bill, etc. with the danger of failing therein. fol. eod. & 47.  
When Demurrers and Pleas shall be heard. fol. 47.  
Whereupon Demurrer may be properly. fol. eod.  
Whereupon a Plea lies properly. fol. eod.  
The particular matters upon which a Plea doth lie. fol. eod.  
Where the Plea may be put in without Oath. and where not. fol. eod.  
How an Vtlary shall be 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, etc. is to be recited in a Demurrer. fol. 48.  
How the Defendant shall pay Costs; how double Costs, treble and quadruple for Insufficiency of Answer. fol. eod.  
What farther penalty the Defendant is to undergo upon returning his Answer insufficient at the fourth time. fol. eod.  
How the Complainant may pay Costs for wrongful accusing of the Defendant in the sufficiency of his Answer. fol. eod.  
After Replication, no Insufficiency of answer can be questioned. fol. eod.  
What Answer the Defendant must make, touching his own fact. fol. eod.  
How the Defendant must deny his fact by Traverse directly. fol. 49.  
How far you allow the Answer to be true, where you pray Hearing upon Bill and Answer. fol. 49.  
How necessary it is the Answer be read at making of a Decree, whether the Defendants counsel do appear at Hearing or no. fol. eod.  
How far new matter is to be admitted in a Replication. fol. eod.  
How many lines in a sheet every Copy here shall contain. fol. 50.  
How Commissions to examine Witnesses shall be upon Interrogatories, and how the Depositions thereupon shall be received into this Court. fol. eod.  
How the Defendant joining in Commission, and failing to produce his Witnesses, shall lose the benefit of any other Commission afterwards. fol. eod.  
How upon extraordinary cause shown, the Defendant may afterward have liberty to examine Witnesses in the Court. fol. 50. & 51.  
How and on what conditions the Defendant may be examined upon Interrogatories. fol. 51.  
How Decrees of other Courts may be read here. fol. eod.  
How far Depositions taken in other Courts, may be allowed to be read here. fol. 51.  
How far forth this Court granteth order for reading of foreign Depositions. fol. eod.  
How far examination may be had of the credit of any Witness. fol. eod.  
Costs against the Complainant for unjust vexation. fol. eod.  
Punishment of parties, and their Counsel, for immoderate length of Bill, Answer, Replication, or Rejoinder. fol. 51. & 52.  
How for Libellous or Slanderous matter, in Bill, Answer, etc. the parties and their Counsel shall be punished, and questioned: and the ●…aid Bill, Answer, etc. be suppressed. fol. 52.  
How far Scire facias shall be awarded upon Recognizances. fol. eod.  
Within what time Recognizances ought to be enroled. fol. eod.  
What special Writs may not pass, unless they be signed under the hand of the Lord Keeper. fol. 52. & 53.  
What persons are to be privileged; and how they are to be privileged here. fol. 53.  
How far an Execution served upon a privileged man of this Court, may be held a Contempt to the Court, and so punished. fol. 53.  
How a Supplicavit for the good behaviour shall be granted. fol. eod.  
When a Recognizance of the peace or good behaviour may be filed. fol. 54.  
Upon what grounds Writs of Ne exeat regna may be granted. fol. eodem.  
All Writs, Process, etc. returnable, coram Rege in Cancellar, to be filed in the Chapel. fol. eod.  
What other proceedings here are also to be enroled. fol. 55.  
Where days given to Sheriffs to return their Writs, shall be filed. fol. eod.  
What course is to be held for enrolling of Recognizances taken to the King's use, etc. fol. eod.  
What order of proceeding is to bein suits upon the Commission for charitable uses. 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 be granted (the first being in forc.) fol. eod.  
How Commission of Banquerupts shall be granted: what Commissioners are to be allowed therein; and what security is to be given to prove the party 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 be held for admission in forma pauperis here; or sending such over to other Courts, or special References. fol. eod.  
How suits after judgement 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 canceled, Decrees not enroled, Depositions by parcels, Depositions unattested, Records not enroled, or Filed, nor foreign Records unfyled here, Nor of Record upon sight in Paper. fol. 58.  
How far you may give the last recited Rules extent, and valuation. fol. 58. & 59  
How Ordinances are to be made, for the better government of a body Incorporate and politic. fol. 59 & 60.  
How your Counsel at Law in such cases should be qualified. fol. 60.  
Two kind of Ordinances very pressive to the Commonalty of Corporations. fol. 60.  
How to procure an Order or Warrant from the Lord Keeper, to the Lords chief justices, to pass your Ordinances in Paper, and to prepare the same for allowance and confirmation. fol. 61. & 62.  
How thereupon the Lords chief justices do peruse and make them fit, return them; And how thereupon they be 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 enroled or registered on Record. fol. 63. & 64.  
How to sue a Recognizance taken in this Court. fol. 64.  
How far you may proceed in the Petty bag of the Chancery herein, and when you are to transmit the proceeding to the King's Bench, or Common pleas, to be tried there by Iury. fol. 65.  
How to sue a Statute Staple that is forfeited, here. fol. 66.  
How to inquire, apprehend, and extend the Body, Lands and Goods of the party forfeiting his Statute. fol. eod.  
How long the Sheriff may keep the Lands or goods extended. fol. eod.  
From whence you are to have your deliberate. fol. 66. & 67.  
What care you are to have that there be sufficient extended before the deliberate be sued out. fol. 67.  
When you are to deliver up your Statu●…e▪ and to whom. fol. eod.  
How to sue forth a Writ of Supplicavit, to the most prejudice of your Adversary. fol. 68  
How you are to sue out, and manage your Certiorare. fol. eod. & 69.  
How to sue forth a Supersedeas upon the foresaid Supplicavit; and how to prevent the Arrest upon the same. fol. 69.  
The Chancery side, better than the King's Bench side, for the Supersedeas. fol. 70.  
The help of the Officer in this case. fol. 70.  
The Reasons why you should rather choose the Chancery than the King's Bench for your Supersedeas. fol. 71.  
The Chancery side the more potent in this kind. fol. eod.  
How large you may have your Writ of Supersedeas. fol. 72.  
The large extension of this Court. fol. eod.  
What businesses do belong to the Petty-bagge fol eod.  
What doth belong to the Cursitors. fol. eod.  
The Cursitors, incorporated, and severally appropriated to their several and peculiar Shires. fol. 73.  
What several Writs the Cursitor makes for removing of causes out of several Courts. fol. eod.  
How a Certiorare to remove a cause out of a Town Corporate; And a Procedendo presently thereupon may be made forth of course. fol. 73. & 74.  
How the second Procedendo must be granted upon a Bill. fol. 74.  
How Bond must be given to prove the Contents of the Bill upon grant of the special Certiorare. fol. eod.  
What time the Complainant hath to prove the Contents of his Bill. fol. eod.   

The Fees of Proceeding in this Court of Chancery.  
The Process, drawing of Plead, and other proceedings,— particularly set down from fol. 75. to fol. 81. erronicè 99  
The Fees of all original Writs sealed in Chancery, fol. 81. erronicè 99  
For every Writ particularly From fol. 81. or 99 to fol. 85. erronicè 103.  
The Author's excuse for omitting the Records of the Rolls, etc. fol. 85. & 86.    

THE COURT OF REQVESTS: OR, White-Hall at Westminster.  

HOw the practice of proceeding in this Court, is like to that of the Chancery, and the Fees in most things. fol. 87.  
Their difference in the Leading Writ, fol. eod.  
How they use to Summon near hand, and in London and Westminster,———— fol. 88 erronicè 106.  
The Fees of Summoning by the Messenger; and also by the Writ of Privy Seal, fol. eod.    

THE COURT OF, THE PROVINCIAL COUNSEL OF THE MARCHES of WALES.  

HOw the proceeding is generally like to that of the Chancery, and the Fees in most things. fol. 89.  
The difference in their Leading Process. fol. eod.    

THE COURT OF THE PROVINCIAL COUNSEL AT YORK.  

THeir Coherence with the Chancery, in proceeding and Fees, ut supra, in Wales,— fol. 90. erronicè 108.  
How you may know the powers and privileges of the two Provincial Counsels. fol. eod.  
The difference between this Court, and the Chancery in Leading Process. fol. eod.  
A cause why those of the said two jurisdictions Provincial do dissert their own Courts, and come to Westminster. fol eod.  
How the Courts of the County Palatine of Chester; The Palatine of Lancaster; The Palatine of Duresme; The Chancery of London, and the Exchequer Chamber Westminst. do all imitate the practice and Fees of the great Chancery, with some little difference.——— fol. 91. erronicè 109.  
The Worthiness of our Chancery Clerk. fol. eod.  
The Author's excuse for giving to the Court of Common-pleas the Leading File, before the Kings Bench. fol. 92.    

THE COMMON-PLEAS TABULATURE OF CONTENTS.  

INstruction first to understand the Nature of your Action. fol. 93. erronicè 39  
Caution to make your Bond, and Original to agree. fol. eod.  
How you shall make them to agree in case of a Bond. fol. eod.  
How to Style the Defendant in Action of Trespass, or the Case. fol. eod.  
Who is to make your Original Writ, and to get it sealed.— fol. 94. erronicè 112  
In what case you may yourself return your said Original Writ. fol. eod.  
In what case you must deliver it to the Sheriff to return. fol. eod.  
Where (after the return made, that the Defendant is sufficient) the Plaintiff may look for the appearance. fol. eod.  
What is to be done on the Plaintiffs party touching Declaration, when the Defendant hath appeared; with other observations then required on the Plaintiffs party. fol. eod.  
How the Bond is to be showed with the Declaration, and the reasons thereof.——— fol. 95. erronicè. 113.  
How like course for showing of your Evidence is to be held in Action of Debt due by Indenture, or Testament, or Letters of Administration. fol. eod.  
How the Original and Indenture in such case must agree in the alias Dict. also. fol. eod.  
Costs and Dismission may be had against the Plaintiff, for not declaring in time. fol. eod.  
How the Defendant may afterwards discontinue the Plaintiffs Action, for not replying at a day. fol eod. & 96.  
What the Plaintiffs Attorney may do, where the Defendant (being returned sufficient) doth not appear. fol. 96.  
How the Plaintiffs Attorney may have a Day; and then a Distress, and Distress after Distress, till the Defendant appeareth. fol. eod.  
What course the Plaintiffs Attorney may take, in case the Sheriff do return to small issues. fol. eod.  
How the Plaintiffs Attorney must return the Writ, where the Defendant hath no Freehold within the County, in Debt and Trespass, etc. fol. 96. & 97.  
The difference of the Return between those Actions, and an Action of Trans super Casum, upon the case. fol. 97.  
The Return of the Ordinary Process of Capias to the Exigent. fol. eod.  
What space must be between the Teste and the Return of an original Writ. fol. eod.  
And what space between the Teste and the return of a Cap. Alias Cap. and Plur. Cap. fol. eod.  
And what space between the Teste and Return of an Exigent. fol. eod.  
How the Proclamation and Exigent must agree in Teste and Return. fol. 98.  
What time an Exigent hath to be returned in the Country, and what in the City. fol. eod.  
When the Defendant (not appearing) may be returned utlawed. fol. 98.  
How and when your Plur. Cap. must be filed. fol. eod.  
When, and how the Plaintiff must make your Warrant of Attorney. fol. eod.  
Where it must be delivered. fol. eod.  
When the Defendant is to put in his Warrant of Attorney. fol. eod.  
How upon any the Capias returned Cepi, by the Sheriff, farther Process shall be stayed. fol. eod.  
What course the Plaintiff shall take to compel the Sheriff to bring in the Defendant where he appears not, (Cepi Corpus being returned.) fol. 99  
How to proceed against the Sheriff, in case he be out of his Office, before you can get him to bring in the Prisoner. fol. eod.  
How to continue the Apposen. fol. eod.  
What time between Teste and return of Common Process. fol. eod.  
How Process may be continued by the Plaintiffs Attorney diverse Terms. fol. eod.  
To what County the Proclamation must be directed; And when it must be returned. fol. 100  
In what case there needs no return of the Proclamation. fol. eod.  
How after the Defendants appearance a judgement may be had against him, for not taking a Copy of the Declaration, and making answer. fol. eod.  
How the Defendant may call the Plaintiff Nonsuit, for not declaring in time. fol. eod.  
Where, and how a Supersedeas upon Maineprise must be sued out. fol. eod.  
What course the Plaintiff may take against the Sheriff, for returning too small Issues upon Distress. fol. 101.  
What shift the Plaintiff hath, if he be not ready to reply. fol. eod.  
How the Defendant may plead a new, or stand to his old Plea at the day of Imparlance. fol. eod.  
How the Defendant may then be condemned in the cause, for not avowing his former Plea, or giving of a new one. fol. 101.  
What care the Plaintiff must have to see the Issue be rightly entered, And his Warrant put in then at the utmost. fol. eod.  
When it is best for the Plaintiff to put in his Warrant. fol. eod.  
How the proceeding may be erroneous for want of a Warrant, And the Plaintiffs Attorney be fined grievously for the same. fol. 102.  
When the Plaintiff may sue forth Venire facias, And how long he may continue his issue without suing it out. fol. eod.  
How by the Plaintiffs delay, the Defendant may summon and sue forth Venire facias. fol. eod.  
How you may enter the first Venire facias returned, And when the Nisi prius, and Habeas Corpora, are to be awarded. fol. eod.  
How to proceed to Execution after Trial and Verdict. fol. eod.  
How to proceed when the Sheriff returns the Venire facias sued or served. fol. eod.  
How in case the jury fill not at the Assizes, the Plaintiff may get it to be filled up. fol. 103.  
How to get the jury to be filled at the Common pleas Bar, in case they fill not there. fol. eod.  
The order of craving of Tales at the Bar, with the taking out & entry of the same. fol. eod.  
What you are to do, in case the Sheriff do return Tardè upon any your Tales. fol. eod.  
When, and how the Defendant may alter or mend his Plea here after Replication, fol. eod.  
The difference between this Court and the King's Bench in Entering of their Pleas. fol. 103. & 104.  
What is to be done, where the Defendant is returned sufficient in an Action of Trespass. fol. eod.  
What is to be done, where he is returned Nihil. fol. 104.  
What in case he is returned outlawed. fol. eod.  
How you must sue any of the Nobility who are of the Parliament House, and how to proceed against them. fol. eod.  
How the Plaintiff may have his remedy and satisfaction of the Sheriff, in case where he arrest, and detains not the Defendant upon Capias ad satisfaciendum. fol. eod.  
How he may choose whether he will take such course against the Sheriff for an escape, or proceed against the Defendant to Vtlary after judgement. fol. 104 & 105.  
How this kind of Vtlary is pardonable, and how not. fol. 105.  
How upon a judgement the Plaintiff may 〈◊〉 W●…t to extend half the Lands & Goods of the Defendant, with exception of some certain things, etc. And what heed you must take how you adventure to sue forth that Writ. fol. eod.  
How after judgement, the Plaintiff may by Writ, levy it upon all the goods of the Defendant which he can find. fol. eod.  
How the Plaintiff may sue out as many Writs of Fieri facias as he will, till he be satisfied▪ fol. 105.  
How to proceed in Writ of Rescous, and Ranishment of Ward. fol. eod.  
How in a Quare eiecit infra terminum, and Ejection firm. fol. eod.  
How in Writ of Annuity, and Covenant upon an Indenture. fol. 106.  
The proceeding upon a Writ of Entry. fol. eod.  
Where, and when the Grand Cape lieth; The manner of pro●…uring and proceeding upon it, with the means ●…o avoid it. fol. eod.  
When the Petit Cape may go forth, with the proceeding thereupon, to the recovery of the Land in question, and the seizure thereof. fol. eod.  
The care to be had, to see that no essoign be in the mean time cast for the Tenant's appearance, with the danger thereof to the Demandant. fol. 106. & 107.  
What the Demandant must do to avoid such evils in all Real Actions. fol. eod.  
What proceeding is upon Warrantia charta, Dedroite, and Surdisseisin. fol. 107.  
How you must set your judgement on foot again, in case you let it sleep above a year and a day, without doing of any thing upon it. fol. eod.  
What course is to be taken, that the Plaintiff his Executors, etc. may proceed to execution against the Defendant, his Executors, etc. in case where either of them dyeth after judgement, and before Execution. fol. eod. & 108.  
Upon whose goods the Execution must be first awarded, the Defendant being dead. fol. 108.  
How in case of Divastavit returned upon your Fieri facias, you may get it to be awarded upon the goods of the Executor, etc. or Arrest his body for your Debt. fol. eod.  
How to sue a matter of error. fol. eod.  
The difference of proceeding in a matter of Error before judgement, and matter of Error after judgement. fol. 109.  
The prejudice of the Defendant, in case he do not get his Record to be certified in time. fol. eod.  
The danger of losing one Writ of Error. fol. eod.  
When the Errors are to be assigned. fol. eod.  
The course whereby you shall be compelled to assign Errors. fol. eod.  
The danger in not assigning of Errors in due time. fol. 110.  
How to Reverse Vtlary, upon mean Process by Writ of Error. fol. eod.  
What be the particular Errors, which before judgement, the Court will correct of itself. fol. eod.  
How you are to proceed when you find any of those Errors. fol. eod.  
How if the party outlawed can find no Error in Vtlary before judgement, yet he may procure a Supersedeas, and discharge the action by Pardon afterwards. fol. 111.  
How the party utlawed, if he have any goods taken by that Vtlary, may free and have them again. fol. 111. & 112.  
In what case the Defendant shall be forced to enter into Bond to prove Error. fol. 112.  
The practice of the Court, where the cause goeth with the Plaintiff upon a Demurrer (the D●…bt or matter recovered not being expressed) for his relief by Damage. fol. eod.  
The like proceeding in an Action of Waste, if the Waste be certified in time. fol. eod.  
What extraordinary provision is made, to give satisfaction in case of Waste. fol. eod.  
Care is to be had by all Plaintiffs and Demandants, to heed where Essoynes lie, and may be lawfully cast; as also to the adiourning of Essoynes, And the casting of the Ne recipiatur. fol. 113.  
The Attorney for the Defendant is to heed the casting of Essoynes aswell. fol. eod.  
How Essoynes must be adjourned. fol. eod.  
What danger in the omitting of the Adiournment. fol. 113.  
The danger of casting an essoign, where it will not lie. fol. eod.  
What heed must be had to discern where the Inferior may pray in aid of the Superior; And where Vowcher lieth. fol. eod.  
To whom the Process must be directed, for clearing the Question of Bastardy. fol. eod.  
Also to clear and prove Plenaritie, or not Plenaritie, in case of Aduowson. fol. eod.  
What Pleas Attorneys may plead fol. 114.  
To a Bond for payment of money, fol. 114.  
To a Bill of Debt, fol. 114.  
To any other Action of Debt. fol. 114.  
To a Bond for delivery of Corn, etc. fol. 114.  
To a Bond for performance of Covenants, upon an Indenture; Or upon an Arbitrement, fol. 115.  
To an Action of Trespass: fol. eod.  
To an Action of Battery: fol. eod.  
To an Action for Rent: fol. eod.  
To an Action of the Case upon Assumpsit:——— fol. eod.  
To an Action for Slander: To an Action for detaining of any thing whereof there is no Bond: To an Action upon Ejectment. fol. eod.  
What be the Common issues upon simple Actions. fol. eod.  
What you may plead upon an Account. fol. 116.  
What upon Admistration: What upon a Demise. fol. eod.  
What is the general issue in an Assize, fol. eod.  
How all Special Pleas are pleaded here. fol. eod.  
How the Defendant is to peruse any Paper-booke of special pleading, to which the Sergeant's hand is put, with the proper remedy against such Defendant, if he detain it. fol. eod.  
What advice the Plaintiffs Attorney should have upon special Pleas and Issues upon them. fol. eod.  
The danger of omitting such advice. fol. 117.  
What heed the Defendants Attorney must take in suffering a Nihil dicit against his Client, especially upon a Bond. fol. eod.  
What benefit one may have by trial of a Title, upon an Action of Trans. tantum. fol. eod.  
The difference between such an Action, And Ejection firm. fol. eod.  
What makes an Action at Trover to lie. fol. eod.  
The difference between Trover and Detinet. fol. eod.  
In what case it is better to suffer an Amerciament then to appear. fol. 117 & 118.  
The Inconvenience of continuing an issue too large. fol. 118.  
What course either party may take, if at the calling of the jury they think them too favourable. fol. eod.  
For what reason you may except against any of the Iury. fol. eod.  
How many of the jury may be chosen for Tryers to the rest. fol. eod.  
How an exception against any of the jury for combination with the Sheriff, or his Ministers, shall be tried. fol. eod.  
By whom, and how, things, objected fo●… matter of favour ●…o either party shall be tried. fol. 119.  
The usual causes of Challenge to any of the Iury. fol. eod.  
Upon what testimony the Tryers shall find the objection or Challenge. fol. eod.  
What the jury shall find. fol. eod.  
How the whole jury (if they be challenged) shall be tried. fol. eod.  
The manner how to proceed in Trial of an Issue. fol. 120.  
What belongs to the Plaintiffs Attorney to do at the Trial. fol. eod.  
What concerns the Counsel▪ Witnesses, jury, and Bailiff attending the jury to do at the Trial. 120. & 121.  
What you are to do if the Verdict do pass with you. fol. 121.  
How to sue forth a Recovery. fol. 121.  
What belongs to the Attorney to do, who sueth in a Recovery, in a Writ of Entry in the Post. fol. 122.  
Oath must be made of the true yearly value of the Lands. fol. eod.  
What is the effect and Condition of the Recognizance which is to be entered into, when you are to have your Writ from Mr. Attorney under his hand. fol. eod. & 123.  
What course you must take before you sue out your Writ of Entry, if the Land be held in Capite. fol. 123.  
What is to be done after your said Writ is passed through Mr. Attourneys hand. fol. eod.  
How many Sergeants you must retain in this case a●… Bar. fol. eod.  
What is to be done after the Recovery is acknowledged. fol. eod. & 124.  
How much you shall be cast behinde-hand herein, by default of the Tenants personal appearance. fol. 124.  
What course to take where the Tenants do no●… appear personally. fol. 124.  
How the Recovery may be overthrown by the Attourneys neglect. fol. eod.  
What course hath been formerly an●… in times past taken for exemplifying of the Writ of En●…rie and Seisin, with the R●…urnes and  
The benefit of having this Writ De non molestando in a readiness. fol. eod.  
Actions Transitory, and Actions Local▪ fol. eod.  
The charge of the original Writ, and the mean Process and Seal inde. fol. 138. & 139.  
The ordinary charge to sue an Vtlary in a single Writ. fol. 139. & 140.  
The charge of a Nisi prius in Guild-Hall London, taken by default. fol. 140. & 141.  
The Charge of a Nisi prius in the Country. fol. 142.  
Fees belonging to the Prothon●…tories & their Clerks. fol. 143. & 144. & 145.  
Fees belonging to the Phillozers. fol. 146.  
Fees due to the Custos Brevium. fol. 147.  
When Originals and Plur. Cap's. may be put in here. fol. eod.  
When the Bundles of Writs of the Terms past aught to be brought in here. fol. eod.  
Fees of the Treasurie-house. fol 148. & 149.  
Fees of the Clerk of the Essoynes. fol. 149. & 150.  
The Criers Fees. fol. 150.  
The Charge of Reversing of an Vtlary. fol 151.  
Fees belonging to the Clerk of the V●…laries. fol 151. & 152.  
How to get an Vtlarie to be certified. fol. 152.  
The Charge of traversing of an Vtlarie, And the Pardon upon the same. fol. eod. & 135.  
The charges of a recovery at the Bar. fol. 154. & 155. & 156.  
A Rate of Fines upon Recovery and Alienation by Table for the purpose. fol. 156.  
The charges of a Fine, with Licence of Alienation. fol. 157. & 158.  
What the Fine for Alienation is. fol. 157.  
What the Fine is in the Writ of Covenant. fol. eod.  
The charge of a Fine knowledged by special Dedimus Potestatem. fol. 158. & 159.  
The charge of a Fine knowledged before my Lord chief justice of this Court. fol. 159. & 160  
The charge of knowledging a Fine at the Bar. fol. 161.  
The Fines payable upon diverse kind of Writs. fol. 161. & 162. & 163.  
The lymnes of the King's Bench, with the Actions handled there. fol. 165.  
The Identity of the form of proceeding in the King's Bench, and Common-pleas, as also of Fees. fol. eod.  
In what few points of proceeding they do differ; And how they may be reconciled. fol. 166. & 167.  
The Coherence of the Latitat, and the Capias. fol. 166.  
Their small difference in Fine. fol. eod.    

THE KING'S BENCH AND LONDON.  

THeir difference in Liberty of time to declare, etc. inde. fol. 167.  
Their difference in Requisition of Special Bail. fol. eod.  
Their difference of liberty to amend a Plea. fol. eod.  
Their little difference in the whole charge of Removing a body by Writ. fol. 167. & 168.  
Their difference in paying of Damage clear, upon a judgement. fol. 168.  
What be the Common Law Courts of London. fol. 169.  
What Actions they deal in. fol. eod.  
The small difference between them and the King's Bench for proceeding. fol. eod.  
What time the Freeman hath to appear. In suo loco by mistake, it is To put in Bail, pro To appear. fol. eod.  
What time the Plaintiff hath to declare. fol. 170.  
The difference between the Courts of London, and those of Westminster in their Indebitatis assumpsit. fol. eod.  
Their usual and extraordinary help here after Verdict. fol. eod.  
The Charge of proceeding to a judgement by default of Verdict. fol. 171.  
Charge of Non suit here. fol. eod.  
Where you shall read the Customs of the City, which if they will let you, I would farther request your opinion, how agreeable it is to the Law, (viz.) That the Obligee shall arrest the body of the Obligor, upon that Obligation, which is not yet in force according to the prefixion of the day conditioned for payment. fol. eod.  
How all other Courts of Record are generally led for formality of practice. fol. 172.    

THE STAR-CHAMBER.  

OF the Star-chamber practice. fol. 173.  
What is their Leading Process. fol. eod.  
What time the Defendant hath to appear. fol. eod.  
Fees of his Appearance. fol. eod.  
Danger of not appearing in time. fol. 174.  
Fees for procuring the Attachment against the Defendant in such case. fol. eod.  
When the Defendant must appear, if the Writ be returnable upon a day certain. fol. eod.  
What the Defendant must do, if he be brought in upon the Attachment. fol. eod.  
How the Defendant may appear gratis without Process. fol. 174.  
What Process may be had against the Defendant, upon losing of the first. fol. 175.  
Fees inde. fol. eod.  
What Process may be against the Defendant (the Sheriff returning Non est inventus upon the Attachment.) fol. eod.  
Fees inde. fol. eod.  
What course the Plaintiff may take against the Defendant appearing upon Attach. cum feod. inde. fol. eod.  
The danger, if the Defendant appearing upon Attach. do depart without answering the Contempt. fol. 176.  
What the Plaintiff must do, before he have Warrant for Process, here. fol. eod.  
What time the Plaintiff hath to perfect his Bill put in pro forma, at the first. fol. eod.  
How the Defendant may get the Plaintiff to be dismissed for want of a Bill. fol. eod.  
Fees of Costs given inde. fol. eod.  
What course the Defendant hath to recover those Costs given, upon the dismission of the Plaintiff. fol. eod. & 177.  
What time the Defendant hath to put in his Answer. fol. 177.  
How the Defendant may answer by Commission. fol. eod.  
Fees inde. fol. eod.  
From whom, and how, the Commission must be obtained. fol. eod. & 178.  
How the Commission must be returned fol. eod.  
The Defendants danger, in not answering in this case. fol. eod.  
How the Plaintiff may join with the Defendant in the Dedimus to answer, and minister Interrogatories. fol. 179.  
How the charge shall be then borne. fol. eod.  
The Plaintiffs time to put in Interrogatories. fol. eod.  
The danger if the Defendant depart out of Town, before he be examined upon Interrogatories. fol. eod.  
How the Defendant may depart (no Interrogatories being put in in time.) fol. 180.  
What is to be done, when the Defendant hath demurred. fol. eod. & 181.  
The danger of the Defendant, if his Demurrer be certified for Insufficient. fol. eod.  
What course the Plaintiff is to take against the Defendant, upon Certificate of such Insufficiency. fol. eod.  
In what case the Defendants Demurrer may be accepted in the Country. fol. 182.  
What course to be taken, where the Defendant demurs to one part of the Bill, and answers to another. fol. eod.  
How it is with the Plaintiff, when the Defendants Demurrer is found to be sufficient. fol. eod. & 183.  
How the Demurrer may dye. fol. eod.  
What course is held, where the Sufficiency of an Answer made to Interrogatories, is referred to Committees. fol. eod.  
When the Plaintiff may reply, and make the Defendant rejoin. fol. eod. & 184.  
Where no Replication shall need at all. fol. eod.  
When the Plaintiff may make the Defendant to join in Commission. fol. eod.  
How the Plaintiff may lose the benefit of examining the Defendant upon Interrogatories. fol. eod.  
The danger if the Plaintiff do not reply in time. fol. eod.  
When the Plaintiff may take forth Commission to examine Witnesses. fol. 185.  
In what case the Plaintiff may sue out Commission alone to examine. fol. 185.  
How the Defendant shall rejoin. fol. eod.  
How the charge shall be borne, when both parties join. fol. eod.  
How the Defendant may sue out Commission alone to examine. fol. 186.  
What course the Defendant may take in case the Plaintiff do delay the examination of Witnesses. fol. eod.  
When day may be given for Publication. fol. eod.  
When Publication may be had. fol. eod.  
What may stay Publication. fol. eod. & 187.  
When the cause standeth at the highest here. fol. eod.  
How constant and immutable the grounded Rules of this Court be. fol. eod.  
The form of proceeding o'er tenus in this most Honourable Court. fol. 188. & 189.    

THE EXCHEQVER.  

THE Exchequer proceeding. fol. 190.  
The several places of proceeding in the Exchequer. fol eod.  
The Exchequer Chamber proceeding. fol. eod.  
The Court of Pleas proceeding. fol. eod.  
How the proceedings of the Exchequer Bar are distributed. fol. 191.  
The order of appearance here. fol. 192.  
The Charge of appearance in the Exchequer. fol. eod. & 193.  
The Charge of an enrolment in the Exchequer. fol. eod.  
The Charge of the Sheriff's account in the Exchequer. fol. 194. & 195 & 196.  
The Ordinary charge for passing of an Account. fol. 196. & 197.  
Fees belonging to the Sheriff in his Office. fol. 198. 199 & 200.    

CLERKE OF THE PEACE.  

FEes belonging to the Clerk of the Peace, with the business 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. etc. fol. 201. 202. 203. 204. 205.    

CLERKE OF THE ASSIZE.  

THe Clerk of the Assizes, his Fees in his Office. fol. 206. & 207.    

THE ARCHES.  

THe charge of proving a Will (the Inventory: being forty pounds, and not above.) fol. 208.    

THE COURT OF WARDS.  

INstructions how you are to sue forth a Lunatic. 209. 210. 211.  
Here, is (who delivers) for which delivers. fol. 212. linea 6.  
Instructions how you are to pass a Ward. fol. 212. 213. 215.  
The charges of obtaining and passing of a Ward. fol. 215. 216.    

THE HIGHEST COURT OF PARLIAMENT.  

WHereupon all the Positive Law of the Land doth consist. fol. 218.  
Who keeps 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 be 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 use to have. fol. 220.  
How the Proctors of the Clergy be elected, and how many of them are called by Writ, etc. fol. 221.  
Reasons to prove that the Convocation house is no member of the Parliament House. fol. eod.  
The Services 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 recover it. fol. 223.  
Who must pay the Fine of the forenamed persons. fol. eod.  
What Fines every of them is to pay, upon 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 pain of him that doth break the same. fol. eod.  
The Office of an escheator. fol. 226.  
What may be found by virtue of Writ, and what by Office of escheator, as he is a Commission of himself. fol▪ eod.    

THE DUCHY COURT.  

WHat plead the Duchy Court holdeth. fol. 227.  
The judges here. fol. eod.  
Who keeps the Rolls. fol. eod.  
Who keeps the Leases, Grants, and charge of the Duchy Lands. fol. 227. 228.  
The Auditors and Surveyors of the Duchy Court. fol. 228.  
The Author's Request, touching the defeat of Clients causes, by their own counsels default. fol. 229. & 230.     

THE OATH WHICH AN ATTORNEY WAS ANciently wont to take upon his Admission, being now disused, And in stead thereof, the Oath of Allegiance is only ministered; howsoever both would do better.  
You shall do no Falsehood, nor cause any ●… be done in the Court: And if you ●…ow of any to be done, you shall give knowledge ●…hereof to my Lord chief justice or some of his brethren, that it may be reform: 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 plead no Foreign Plea, Nor sue any Foreign Suit unlawfully to the hurt of any man; But you shall sue such only, as shall stand with the order of Law and a good Conscience: You shall seal all such Process as you shall sue out of this Court with the Seal thereof only, and see the King's Majesty, and my Lord chief justice discharged for the same: You shall not wittingly sue, or procure to be sued any false Suit, or give aid or consent to the same, on pain to be expulsed the Court for ever: And further, you shall bear yourself honestly and uprightly in the Office of an Attorney of the Court, according to your best Learning and Discretion, and as good Conscience bindeth you. So help you God, etc.  
NOW  
I bring the Returns themselves home in the Rear of my Book, as being the only Leaders of Attourneys proceedings, and the Practice being passed before: they offer themselves in the last place, being most markable and ready to every hand, as occasion may require.   

The four Terms with their Returns.  
Hillary Term beginneth january 23. and endeth February 12. Return Days, or, Essoyne Days. Exception day. Returna Brevium. Appearance days. Octabis Hill. jan. 23. janu▪ 24. Ianu. 25. jan. 26. Quind. Hill. Ianu. 27. Ianu. 28. Ianu. 29. jan. 30. Crast. Purif. Febru. 3. Febru. 4. Febru. 5. Febru. 6. Octab Purif. Febr. 10 Febru. 11. Febru. 12. Febru. 13. Easter Term 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 Term begins june 13. and endeth july 2. Cra●…. Trin. june 9 june 10. june 11. june 12. Octab. Trin. june 16. june 17. june 18. june 19 Quind. Trin. june 23. june 24. june 25. june 26 Tres Trin. june 30. july 1. july 2. july 3. Michalemas Term begins, October 9 and endeth November 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. novem 3. novemb. 4. novemb. 5. novemb. 6. Crast. Mart. novem 12. novemb. 13. novemb. 14. Novemb 15. Octab. Mart. Nou. 18. novem 19 novemb. 20. novemb. 2●…. Quind. Mart. Nou. 25. novem 26. novemb. 27. novemb. 28.  

The Lawdayes in the Courts of  
Arches,  
Audience,  
Prerogative,  
Consistory,  
Delegates,  
Admiralty.   

In Hillary Term:  
S. Hillary 13 january.  
S. Wolston 19 january.  
Conuersio S. Pauli 25 january.  
S. Scholastic. 10 February.  
S. Valentine 14 February.   

In Easter Term:  
Quind. Pasch. 28 April.  
S. Gordian 10 May.  
Ascension day. 22 May.   

In Trinity Term:  
Corpus Christi 12 june.  
S. Buttolph 17 june.  
S. john Baptist 24 june.  
S. Paul. 30 june.   

In Michaelmas Term:  
S. Faith 6 October.  
S. Edward 13 October.  
All Souls 2 November.  
S. Martin 11 November.  
S. Edmund. 20 November.   
And when and where, their several Courts are severally and respectively kept, you shall read in the common Almanac at large.  
FINIS.   

— Cum tonat ocyùs Ilex▪  
Sulphure discutitur sacro quam tuque Domusque.  
T. P.