WE do Approve that Robert Pawlet shall Print the Rules of the Court of Common-Pleas. December 17th. 1682. Fra. North. Hugh Wyndham. J. Charlton. Creswell Levinz. THE Rules and Orders OF THE COURT OF COMMON-PLEAS, MADE Since his Majestie's Restauration: Taken from the Originals of the said Court, WITH The Allowance and Approbation of The Right Honourable THE Lord Chief Justice NORTH, AND The Judges of that COURT. London, Printed by the Assigns of Richard and Edward Atkyns, Esquires, for Robert Pawlet, at the Bible in Chancery-Lane near Fleet-street, 1682. THE CONTENTS. COncerning Bayles upon several Writs. Pag. 1. Concerning Sheriffs for making sufficient Deputies for to take, receive and return Writs. 4 Concerning Attorneys suffering others to Practise in their Names. 5 Concerning Prisoners in Custody, in what time they must be declared against, or a Supersedeas to be granted of course. 10 Concerning Sheriffs discharging and suffering Prisoners to go at Large, and Concerning the Returning their Writs and Process. 15 Concerning the Execution of Process to the Utlary, and in what case Costs shall be paid upon reversal. 18 Concerning Attorneys entering their Causes in other Offices, than where they were first admitted. 20 Concerning clerks and Attorneys neglecting to Enter their Imparlances, and Incipiturs to warrant their Judgments. 23 Concerning the Returns of Writs of Exigi facias. 26 Concerning Attorneys neglecting to Enter the Defendants appearances, and in what time they ought to be Entred. 28 Concerning the delivering of Copies of special Verdicts, and Demurrers to the Judges of the Court before the day for Argument. 31 Concerning Allowances of Writs of Errors, and Non-Suits upon them. 33 Concerning the delivery of Writs of Errors, to the clerk of the Errors. 34 Concerning Rules of Court, for the staying and stopping of Fines. 35 Concerning Caveats and Rules, for stopping of Fines with the Kingssilver Office, and when they must be renewed and delivered. 37 Concerning all Attorneys to be admitted of an Inns of Court or Chancery upon their admittance except those that live in London and Westminster, and the Suburbs thereof, or in the burrow of Southwark, and the Liberty of St. Katharines near the Tower of London. 38 Concerning Records of Nisi Prius, and that the Prothonotaries figure every Warrant. 40 Concerning Attorneys and other Officers, sueing out Writs of Privilege. 43 Concerning the making up of Records, for trial at the Assizes. 45 Concerning the better observation of a late Act of Parliament, made concerning Judgments. 46 Concerning clerks and Attorneys filing their Warrants and Writs upon Common Recoveries. 50 Concerning the filing of Writs of seizing, and Writs of Entry. 52 Regula generalis quoad Narrationes in Ejectione firm in London & in come. mid. 54 Generalis regula pro Custagiis supper Prosecutione ad Utlagar '. 55 Regula generalis de Statuto penali. 56 Regula pro manu Attorn ' Generalis ad brevia de Ingressu habend '. 57 Concerning the Prothonotaries delivering of Rolls to the Attorneys and clerks of the Court, and when they are to be brought in to them again. 58 THE Rules and Orders OF THE COURT OF COMMON-PLEAS, Made since his Majestie's Restauration. De Termino Hil. 13 & 14 Car. 2. R. Rules Concerning Bayles. THat Writs of Habeas Corpus directed to the inferior Courts of London, Westminster, Southwark and other Courts, within five Miles of London may be returnable immediate. And if the Defendant intendeth to be bailed, then upon or within four days after allowance of the Writ, the day of which allowance being endorsed by such Officer as allows the same on the back of the said Writ, notice is to be given in writing of the names and additions of the bail, the time when, and the Judge before whom the same is intended, to be put into the Plaintiff or his Attorney, or him that caused the plaint to be entred, or if none can be found, then notice of the premises to be left in writing with the chief clerk of the inferior Court, or his Deputy by the party that tenders the bail or his Attorney, and Oath made thereof, otherwise the bail not to be taken, And a procedendo granted if desired before bail excepted. That if no bail in such causes be put in within eight days after the Habeas Corpus allowed in those Courts, when it is returnable immediate a procedendo may be granted by any Judge of this Court if desired before bail taken. And if bail be taken in the absence of the Plaintiff or his Attorney, the same is to be taken de been esse. And if no exception be taken within twenty days after the bail taking, notice having been given as aforesaid, then the bail to be delivered out to be filled. That if bail upon a Habeas Corpus be taken before a Judge at his Chamber and not dissassented unto, if not filled within four days after the twenty days a procedendo may be granted upon Certificate that it is not filled. That in Term-time the Plaintiff in the inferior Court may speed the Defendant to put in and to file his bail by rules given in the Bill of Pleas. And if not filled according to the rules upon Certificate thereof a procedendo to be granted. That all Writs of Habeas Corpus returnable in Court be returnable at a day certain. That upon bail taken of persons in Custody the Judges clerk to deliver the bail to the Prothonotarie to be filled if assented unto. And to that end the Prothonotarie's fees to be deposited, but the Prisoner not to be discharged until the bail be assented unto, or overruled in open Court. Orl. Bridgman. Rob. hide. Tho. tyrril. Sam. brown. Hil. 14 & 15 Car. 2. R. Concerning Sheriffs for making Deputies and returning of Writs. IT is ordered that every Sheriff shall make and cause to be entred on Record a sufficient Deputy, to receive all manner of Writs and process, under the pains and penalties mentioned in the Statute in that behalf, made in the 23th. year of the Reign of the late King Henry the Sixth, which Law shall be henceforth duly put in execution. And it is further ordered that the said Sheriffs, or their sufficient Deputies, shall give their personal attendence in Westminster-Hall daily in the Term-time, that so they may with the more convenience dispatch those services which appertain to their Offices respectively. And that no Sheriff, or Sheriffs Deputy, shall deliver or make, or cause or suffer to be delivered or made, any Warrant or Warrants before the Writ or Writs be duly sued forth and delivered to the said Sheriffs or their Deputies respectively. Neither shall the said Sheriffs nor their Deputies deliver or cause or suffer to be delivered, any blank Warrants. Nor shall any clerk or Attorney of this Court, receive or procure to be made any such blank Warrants, upon pain of severe punishment, and fine to be imposed upon the said Sheriffs and their Deputies, and utter expulsion of the said clerks or Attorneys respectively offending in the premises. Orl. Bridgman. Rob. hide. Tho. tyrril. Sam. brown. Hil. 14 & 15 Car. 2. R. Concerning Attorneys suffering others to Practise in their Names. WHereas every Attorney of this Court, as well by his Oath and the duty of his place, as under divers penalties by special Acts of Parliament, and former orders of this Court being retained to be Attorney for any person or persons Demandant or Plaintiff Tenant or Defendant, in any action or suite in this Court is bound to deliver or cause to be delivered his Warrant of Attorney to the Officer or his Deputy, ordained for the receipt and entry thereof in this Court. And whereas by the Statute made in the third year of the Reign of our late Sovereign Lord King James, It is enacted that no Attorney shall permit any other to follow any suite in his Name. And that every Attorney so doing, shall be excluded from being an Attorney for ever thereafter. And whereas by order of this Court, every Attorney of this Court, ought to appear in person upon or before the fourteenth day of Michaelmas-Term, and upon or before the seventh day of every other Term, upon pain of Ten-shillings for the first default, Twenty-shillings for the second default, and putting out of the Roll for the third default, and that the appearances should be entred with the clerk of the Warrants, and that the name of the defaulters should be delivered to the Court by the clerk of the Warrants or his Deputy, within three days after the time required for appearances. Notwithstanding all which Laws and Orders through the disorderly practise and negligence of divers Attorneys of this Court, especially of the younger sort for want of their Attendence upon their Office of Attorney here in Court, and permitting others to practise in their names, and neglect to deliver their Warrants of Attorney to be filled, and entred of Record, very many great inconveniences, troubles and Errors have been found and arisen of late time more than formerly, to the scandal of the Court, and of the honest Attorneys practising therein, and the great prejudice and loss of many of his Majestie's good Subjects, as well Plaintiffs as Defendants, Demandants and Tenants in their suits depending in this Court. For Remedy of which Mischiefs and inconveniences, and for avoiding of Errors for the time to come. It is forbidden by the Justices of this Court upon pain of expulsion from this Court, that no Attorney of this Court permit any other to practise in his name. And it is further declared and ordered by this Court, that every Attorney of this Court do from henceforth appear in person within the times in every Term before limited and expressed under the penalties before mentioned for their defaults. And that every Attorney of this Court do file his Warrants of Attorney of the Term, wherein any exigent is awarded, demurrer or Issue joined, or judgement entred, or which of them shall first happen upon pain of forty-shillings for every time he offendeth, and be attainted by due examination made by the Justices of this Court, such Warrant to be filled upon or before the essoin day of every Trinity-Term, and within the space of one and twenty days next after the end of every other Term. And that no Officer of this Court do make or suffer to be made any process or entry in the name of any person not sworn an Attorney, nor entred in the Roll of Attorneys, or in the name of any person put out of the Rolls of Attorney, either as a discontinuer or for any misdemeaner, or by Rule of Court after notice thereof given to such Officer by the clerk of the Warrants of this Court for the time being or his Deputy, and for the better effecting the due observance of this present order. It is lastly ordered that the clerk of the Warrants of this Court for the time being or his Deputy, or the person appointed yearly by the Court to give information to the Court from time to time of Breaches of Orders and miscarriages of Officers, clerks and Attorneys in every Michaelmas-Term, or oftener if required, shall and may present to the Court from time to time the name and names of every Attorney or Attorneys offending against this Order. To the intent that the Court may examine every Attorney complained against concerning any of the matters before rehearsed, and upon attainting any such Attorney upon due examination had, may inflict such punishment by fine, imprisonment or expulsion as the Case shall require, or give directions for informations to be exhibited against the most frequent and notorious offenders for the greater penalties mentioned in the Statute thereof made and provided. Orl. Bridgman. Rob. hide. Tho. tyrril. Sam. brown. Sancti Hil. Annis 14 & 15 Car. Secundi Regis. WHereas many persons arrested upon mean process issuing out of this Court, and upon plaints levied in inferior Courts, and removed to the Fleet by Habeas Corpus with those causes returned upon them, have been detained thereupon for a long time, as well in the custody of Sheriffs and Gaolers as in the prison of the Fleet without any prosecution or proceedings against them in this Court. Now forasmuch as every person having cause of Action against any Prisoner in the Fleet, may have speedy proceedings against such Prisoner. Therefore and also to prevent unjust vexations by long detaining of persons in Prison there for the future. It is ordered by the Justices of the Court of Common-Bench this present Term of St. Hill. that if any person be committed to the Fleet by Habeas Corpus in this present Term, or in any other Hill. Term, or in the Vacation following this Term or any other Hill. Term, unless the Plaintiff or Plaintiffs at whose Suite the Prisoner stands charged at the Fleet, shall bring such Prisoner to the Bar of this Court by Habeas Corpus, and declare against him within six days after Trinity-Term begun, such Prisoner may be discharged by Supersedeas to be issued of course out of the Prothonotaries-Office of this Court, where the commitment of the said Prisoner with his causes is entred, so as such Prisoner first enter his appearance by Attorney with the said Prothonotarie in case of an Attachment of privilege, or of a plaint, or with the Filazer upon other process returnable in this Court: And do bring a Certificate under the hand of the Warden or clerk of the Fleet, that no proceedings by Habeas Corpus have been had against him within the time aforesaid. And that if any person be committed to the Fleet in any Easter-Term, or in the Vacation following any Easter-Term, unless the Plaintiff or Plaintiffs bring such Prisoner to the Bar of this Court by Habeas Corpus, and declare against him within six days after Michaelmas-Term begun, such Prisoner shall be discharged in manner aforesaid. And that if any person be committed to the Fleet, in any Trinity-Term, or in the Vacation next following any Trinity-term, unless the Plaintiff or Plaintiff bring the Prisoner to the Bar of this Court by Habeas Corpus and declare against him be fore the end of Michaelmas-Term following, such Prisoner may be discharged in manner aforesaid. And that if any Person be committed to the Fleet in any Michaelmas-Term, or in the Vacation following after any Michaelmas-Term, unless the Plaintiff or Plaintiffs bring the Prisoner to the Bar of this Court by Habeas Corpus and declare against him within six days after Easter-Term begun, such Prisoner may be discharged in manner aforesaid. And the Plaintiff or Plaintiffs may declare upon such appearance entred the next Term after such appearance or Supersedeas granted. And the Attorney appearing for such Prisoner shall be bound to take a Declaration and not afterwards. And as concerning persons arrested and remaining in the custody of any Sheriff or jailer upon any mean process issuing out of this Court. It is further ordered that if the Plaintiff or Plaintiffs at whose suite such person is arrested and in custody do not remove such Prisoner by Habeas Corpus to the Fleet, nor the Prisoner enter appearance in manner aforesaid. Such Prisoner may be discharged by Supersedeas in the end of the third Term after the arrest according to the course anciently used. And the Plaintiff may declare upon such appearance the Term following but not after, but if such Prisoner cause appearance to be entred for him by Attorney, and cause notice thereof to be given to the Plaintiff or his Attorney. And if Oath thereof be made in writing and filled in Court. Unless the Plaintiff or Plaintiffs declare against such Prisoner in the Term next after such appearance, the Prisoner may be discharged by Supersedeas. So as Oath be made to the Attorney for the Defendant, that no declaration have been delivered or tendered to him. And the Plaintiff or Plaintiffs may declare against the Defendant the Term next after such appearance entred. But not afterwards. And for the certainty of the practise in proceeding to be had against Prisoners in the Fleet by virtue of the late Act of Parliament. It is further declared and ordered by this Court, that in case any such Prisoner shall hereafter be brought to the Bar of this Court, by a Writ of Habeas Corpus returnable at any day certain being before the day of appearance of the third return of any Term. And the said Prisoner name an Attorney who shall appear for him at the suite of the Plaintiff in the Action in the said Writ specified. The said Defendant be compellable to pled by the last day of the said Term, to a Declaration to be delivered to the said Attorney if the Plaintiff give a rule for him so to do. But where any Prisoner is brought to the Bar, by such Writ returnable after the day of appearance of such third return of any Term, the Defendant of course to have imparlance until the next Term following. But if such Prisoner refuse to nominate an Attorney to appear for him. Then such Prisoner is to pled within Eight days according to the said Act, provided that there be Eight days after the return of the Habeas Corpus to give a Rule to be out within the Term. And, lastly it is ordered that after issue joined, ten days notice at the least exclusive of the day of such notice be given to the Defendant( being actually in the Prison of the Fleet) of the time of trial of such issue to be had. Orl. Bridgman. Rob. hide. Tho. tyrril. Sancti Hil. Annis 15 & 16 Car. Secundi Regis. WHereas the Kings Majesties Justices of this Court have received information. That very many under-Sheriffs of this kingdom and the dominion of Wales, Notwithstanding several Acts of Parliament, and divers orders of this Court to admonish them of the Duties of their Places, in conformity thereunto, have neglected to have their Deputies upon Record, and to attend the Court in Term-time, to receive Writs and process issuing out of and returnable in this Court, and to make and deliver due returns of the same. And also have neglected the Execution of many such Writs and process to them delivered, or having made Execution of the same process by arrest or otherwise, have let persons go at large without taking security or due order for their appearance. And having taken the Bodies, or seized the Lands or Goods of persons outlawed upon Writs of capias Utlegat. issuing out of this Court, have discharged such persons and their Lands and Goods without Writs of Supersedeas for the same, or making any return to the Court contrary to their Oaths and Duties of their places, and expressly against the Statute thereof lately made and provided to the manifest delay of Justice, the Diminution of his Majesties revenue, the loss of many Mens just Debts, and the encouragement of persons to stand in contempt of the Laws of this Realm. All which inconveniences and mischiefs his Majesties Justices being resolved to use their utmost endeavour and power to reform by examining and severely punishing all Sheriffs, and Under-Sheriffs, and their clerks, Deputies and bailiffs whom they shall find hereafter faulty in the premises. It is therefore ordered and declared by the said Justices of this Court, that every of the said Sheriffs before the last day of this present Term, And afterwards before the last return of the Term next after the taking of his Oath of Sheriff shall make a Deputy on Record in this Court, according to the Statute made in the three and twentieth year of the Reign of King Henry the Sixth in that behalf. And that all Under-Sheriffs or their Deputies duly attend the Court in Termtime, and that they duly execute and return the Writs and process of this Court, and take sufficient security, or certain order for appearance of all persons by them arrested according to Law. And that no Sheriff, Under-Sheriff, Sheriffs clerk, Deputy or bailiff, nor any Steward, bailiff of Franchise, Coroner, or their clerk or Deputy, shall set at liberty any person taken upon any Writ of Capias Utlegat. nor discharge the Lands or Goods of any person Outlawed by them seized upon any Writs of Capias Utlegat. without a lawful Writ of Supersedeas under the seal of this Court to them delivered for such discharge, according to the late Act of Parliament in the thirteenth year of his now Majestie's Reign in that behalf made and provided. And it is farther ordered that no such Supersedeas be made or issued out of this Court by any Officer, clerk, Attorney or Minister of the same, without sufficient bail first taken according to Law and former orders and usages of this Court, upon pain of incurring the severest punishment which according to Law and Justice can be inflicted upon the Offenders in any of the premises. Orl. Bridgman. Tho. tyrril. Sam. brown. Jo. Archer. Sancti Michaelis apud Oxon Anno xvii. Car. Secundi Regis, &c. FOr the better execution of the process of Utlary to be made and issued by and out of this Court, and the prevention of divers abuses by a neglect of the same. It is ordered that upon every Writ of Exigent which shall be sued forth of this Court, from and after this Term, if a Supersedeas be not put in thereunto at or before the return thereof. That no Supersedeas shall by any Sheriff or other Officer, be allowed as an appearance to any such Writ of Exigent until the Defendant shall have paid unto the Plaintiff or his Attorney, or left in the Court with one of the Prothonotaries thereof, the full and just costs of Suite as he shall have been at in the suing forth of such Writ of Exigent to be taxed by the said Prothonotarie. And that upon reversing of all and every Utlary the party Defendant which reverseth the same shall before the reversal thereof or any Supersedeas made thereunto, give special bail if the Sum of Money or Damages expressed in the Original Writ whereupon the Exigent was awarded shall amount to the Sum of twenty pounds, and the Plaintiff or Plaintiffs shall require the same and pay to the Plaintiff or Plaintiffs or his or their Attorney, or leave in the Court for him or them, his or their full and just costs of Suite expended in the prosecution of the same to be taxed as aforesaid. And for the prevention of the great and common abuse committed by the Sheriffs and bailiffs for enlarging of persons arrested upon Capias Utlegat. before judgement, a Supersedeas first had. It is farther ordered that if any Sheriff or Officer whatsoever shall set at liberty any person arrested upon a Capias Utlegat. before judgement without a lawful Supersedeas in that behalf first delivered unto him or them. That upon Affidavit thereof made and filled, every person offending therein shall pay the Sum of forty-shillings to the party grieved, or complaining who shall have an Attachment of course against such Sheriff, Officer or party offending for the payment of the same, and the party or parties so offending shall likewise undergo such other punishments as by this Court shall be thought fit. Orl. Bridgman. Tho. tyrril. Sam. brown. Jo. Archer. Sanctae Trinitatis, Anno xxi Car. Secundi Regis, &c. WHereas by the Ancient Course and Usage of this Court, every Attorney thereof ought to remain and continue, and make his entreys in that Prothonotarie's Office onely, wherein such Attorney by his own Election was first Sworn and settled, and not to remove or withdraw himself or any of his Business from that Office, to any other of the Prothonotaries Offices, without the licence of this Court, upon just cause first shewed and allowed by the Court. And whereas several good Orders have been made by this Court, for the continuance and observance of the said ancient course. Nevertheless of late time several Attorneys of this Court have withdrawn themselves and their Business from the respective Offices wherein they made their first Election, to enter their causes, whereby great mischiefs have happened to divers of his Majestie's good Subjects, and great disorders and confusion have been occasioned in this Court. For Remedy whereof, and for settling good order in this Court for the future. And to the intent the said Ancient course may be duly observed hereafter. It is ordered by the Justices of this Court this present Trinity-Term, that every Attorney of this Court who at or upon the first day of Easter-Term, in the Twentieth year of his now Majestie's Reign, or at any time since, hath withdrawn himself or any of his causes from that Prothonotarie's Office, where he was then settled unto any other Office, do upon notice of this present order reduce himself unto that Prothonotarie's Office where he was then settled, and there continue and henceforward cause all his Business and causes to be entred and made in the said Prothonotarie's Office onely, and in no other Office, upon pain of incurring the displeasure of this Court, and such penalties as this Court shall think fit to inflict for the first offence, and for the second offence to be expelled from this Court. And it is farther ordered, that no Attorney of this Court admitted since the first day of the said Easter-Term, nor any other Attorney hereafter to be admitted without the licence of this Court, upon just cause shewed and allowed by the Court, first had, shall shift from the Prothonotarie's Office where he hath or shall make his own Election and be Sworn and settled as aforesaid upon like penalties aforesaid. And it is farther ordered that no Prothonotarie of this Court shall hereafter permit or suffer any such removing or shifting Attorney to enter any of his causes in his Office contrary to this present order. Jo. Vaughan. Tho. tyrril. Jo. Archer. W. wild. Sanctae Trinitatis Anno xxi. Car. Secundi Regis, &c. WHereas upon complaint daily made unto this Court, it doth plainly appear that many disorders are of late crept into this Court, by reason that the clerks and Attorneys of this Court do neglect according to their Duty, and the ancient usage and custom of this Court, to enter upon Record Imparlances or Incipiturs, in all such causes wherein Imparlances or Incipiturs ought to be entred. And by reason thereof many Judgments are entred and Issues are joined before there is any foundation in Law, or preceding Record to warrant the same. And thereby Defendants are compelled to pled to an erroneous Copy, not warranted by any Record to the manifest and apparent damage of his Majestie's Subjects, and contrary to the Ancient orders and proceedings of this Court. For the prevention whereof, to the intent the said Ancient course may be duly observed hereafter. It is ordered by the Justices of this Court this present Trinity-Term, that all Attorneys attorneys and clerks of this Court do henceforth duly enter or cause to be entred, Imparlances or Incipit. ' in all causes according to the ancient usage of this Court, and that the want of entering an Imparlance or Incipitur in every cause wherein Imparlances ought to be entred, be a sufficient cause for the Defendant to have a farther Imparlance of course. And that no Attorney, clerk, or any Minister of this Court, shall hereafter give any common Rule to pled in any cause wherein Imparlances or Incipiturs ought to be, and are not entred upon Record in any of the Prothonotaries Remembrances until the respective Prothonotarie in whose Office the cause is, shall give allowance for the giving of such Rule to pled. And that the Rule of this Court made this present Term, for the prevention of all debates and controversies that may hereafter happen to arise between the respective Prothonotaries of this Court, concerning Attorneys that have or shall hereafter remove themselves and their Business from one Prothonotarie's Office to another, may be effectual to all intents and purposes. It is farther ordered by this Court this present Trinity-Term, by and with the consent of the respective Prothonotaries of the same Court, that the said respective Prothonotaries shall permit and suffer each other respectively by themselves or their respective clerks to search each others Doggets, and judgement Books at seasonable and convenient times, for the better discovery and prevention of such abuses in the future. And that if it shall hereafter happen that any matter or Business be henceforward entred in any Prothonotarie's Office contrary to the said order, that then such protonotary shall upon notice and request made to him, repay the Fees received for doing of such Business to such protonotary to whom such Fees did of right belong. And that no Bill shall be filled against any Officer, Attorney, clerk, or Minister of this Court to be called in Court, in order to a Fore-judger, until the said Bill be actually entred upon Record, and a number-Roll put upon the said Bill. Jo. Vaughan. Tho. tyrril. Jo. Archer. W. wild. Pasche Anno xxiv. Car. Secundi Regis. An order containing the Supersedeas-Office. ss. FOrasmuch as by the information of Richard Abbot Gentleman, Officer of the Office aforesaid, the Court is given to understand and be informed, that divers abuses are frequently committed contrary to the ancient use and custom of this Court, in deceit of the King's Majesty of his Seals, and defrauding and deceiving divers Officers thereof. It is ordered by the Court for prevention of such like frauds, deceits, and evil carriages for the future, that no Under-Sheriff, or County-Clarke, of any County within this Realm. Nor any Attorney or other Minister of this Court, shall return or cause to be returned upon any Writ of Exigi Facias issuing out of, or returnable in this Court any false return of redidit se, where in truth the Defendant hath not rendered himself to the Sheriff. And that no clerk, Attorney, or other Minister of this Court shall enter or cause to be entred any retraxit with any Under-Sheriff, County-Clarke, or other Minister aforesaid whatsoever, upon any Writ or Writs of Exigi facias, issuing out of, and returnable in this Court until the same retraxit be entred upon the same Roll, upon which the said Exigent is awarded of that present Term in which the same is returnable. And that no farther proceeding be in that cause after the pretty outlawed by filing a new Original, or by any other means or ways whatsoever to deceive the King's Majesty of his Seals, and the aforesaid Officer of the Supersedeas-Office of his just Fees, for making and signing of the Writs of Supersedeas quia improvide, to such Writs of Exigent or any other Officers of their just Fees. And that no Under-Sheriff, or County-Clarke aforesaid, or other Minister of the same Court whatsoever, from and after the end of this present Term, shall receive any Writ of Supersedeas, or allow any such Writ upon his or their Book or Books, file or files, until the same be duly signed by the proper Officer of the said Office, and also sealed. And lastly, It is ordered that no Attorney, or other Minister of this Court, either for Plaintiff or Defendant, shall give or receive any Copy or Copies, of Declarations founded upon any Writ of Exigi facias, until the King's Majestie's Writ or Supersedeas be duly signed and sealed, and allowed with the Sheriff, Under-Sheriff, or his lawful Deputy, of the County where the Exigent is laid. Jo. Vaughan. Jo. Archer. Rob. Atkyns. Pasche Anno xxiv. Car. Secundi Regis, &c. WHereas several irregular Attorneys retained to appear for Defendants, have contrary to the Law and usage of this Court neglected to enter appearances for such Defendants, to the delay of Plaintiffs, damage of Defendants, abuse of this Court and to the defrauding the King's Majesty of the duty of sixpence, for every appearance given by a late Act of Parliament, entitled an Act for laying impositions upon proceedings in Law. For remedy whereof, it is ordered by the Justices of this Court in this present Easter-Term. That every Attorney retained to appear for any Defendant to any Writ issuing out of this Court, which are made by the respective Filacers of this Court, shall from henceforth according to the course of this Court, enter the appearances of all Defendants with the proper Filacer of this Court, of the City or County from whom such process respectively did issue where the Action is laid, and pay the said duty of sixpence unto his Majesty to the said Filacer, together with the said Filacer's Fee upon the penalties in the said Act of Parliament mentioned. And it is farther ordered that no Defendant shall be permitted to imparle, amend his plea or move to change the venue in any Action until his appearance be entred as aforesaid. And that no Attorney of this Court shall receive any Declaration unless an appearance be first entred with the Filacer as aforesaid under the like penalty. And that no Attorney shall deliver or cause to be delivered any Declaration or count to the Defendant or Tenants Attorney, or to any person for him until the appearance ( to warrant such delivery) be duly entred with the proper Filacer, under the penalty to be expelled the Court. And it is farther ordered for the better discovering and punishing of offenders against this order. That the respective Filacers of this Court may at all convenient times freely peruse the Doggets and other memorials of the Prothonotaries respectively of this Court, to the end that in every Term they may deliver in writing the names of all Attorneys of this Court, who shall not have entred the appearances of such Defendants who employ them with the proper Filacer of the Court, to the Lord chief Justice of this Court, or his Brethren( which they are hereby required diligently to do,) to the end the said Justices may without remissness proceed against such as shall be found offenders against this order. Jo. Vaughan. Jo. Archer. Rob. Atkyns. W. wild. Pasche Anno xxvii. Car. Secundi Regis. An order containing the delivering of Copies of special Verdicts and Demurrers unto the Justices of this Court, in all causes entred into the Court Books for argument at the Bar. IT is ordered by the Court, That every Attorney of this Court towards any such cause, shall deliver true Copies of the Records thereof to the respective Justices of this Court, by the space of one whole week at the least next before the day appointed for such Argument. Namely, The Attorney for the Plaintiff one Copy thereof to the Lord chief Justice, and another to the signior Judge. And the Attorney for the Defendant, like Copies to each of the other two Justices of this Court for the time being, according to the ancient course here used under such penalty as the Court shall think fit to inflict upon the Attorney neglecting his duty therein. And it is farther ordered by the Court, That no Argument by Council on either side shall be heard at the Bar until Books be delivered to all the Judges. Provided nevertheless. That in case the Attorney of either party shall not deliver Books as he ought. Then if the Attorney on the other side for expediting his Clients cause will deliver Books to all the Judges, three days at least before the Argument, Council shall be heard on his Clients behalf at the day appointed. And the Attorney delivering Books as aforesaid shall be imbursed the charges of delivering the two Books which ought to have been delivered by the Attorney of the Adverse party, which charges the said Attorney shall be bound to pay upon demand thereof. And lastly, it is ordered, That if the charges of delivering the said two Books shall not be paid before judgement shall be given in the cause, The charges of the delivering the said Books shall be allowed upon taxing costs. And in that case the Attorney shall not be compelled to pay the said costs. But if no costs are to be taxed in the case, Then the Attorney making default in delivering of Books as aforesaid, shall be compelled to pay the charges of the Copies so delivered by the Attorney of the adverse party, by Attachment or otherwise as the Court shall think fit. By the Court. Trin. Anno xxviii. Car. Secundi Regis, &c. A Rule concerning allowances of Writs of Error, and Nonsuits upon them. FOrasmuch as information is given to the Lord Chief Justice of the Court of Common-Pleas, that several Attorneys of the said Court, do make out execution upon Judgments, whereupon Writs of Error are brought, without giving of Rules, or signing Non-prosess with the clerk of the Errors,( to whom the same particularly belongs,) and do sue out Writs of Error, and show the same to the Plaintiffs Attorney in the Action, without bringing them to the clerk of the Errors, or putting in of Bail before the Lord Chief Justice of the said Court, according to the several Statutes in that case made. For preventing of which irregular practices, it is ordered by the Lord Chief Justice of the said Court, that for the future no Attorney of the said Court, do or shall make out any Executions, non obstante Brevi de error, until they have had a Certificate from the clerk of the ERrors, that the Record is not removed, and a Non-profess thereupon duly signed, and that all Attorneys, do forthwith bring their Writs of Error by them sued out to the clerk of the Errors, to be allowed according to the ancient practise of the Court, or in default thereof, the Plaintiffs Attorney in the Action, is and may be at liberty to proceed to Execution. Era. North. Sancti Michaelis Anno xxviii. Car. Secundi, & c. s ORdinatum est quod omnia brevia de error indilate deliberentur Clerico Errorum pro tempore existen ' Quodque nemo tenebitur abstinere à prosecutione executionis pretextu alicujus brevis de error priusquam predictum breve deliberatur Clerico Errorum & in casibus ubi speciale Ballium requiritur. Nisi quoerens supper tali brevi de error infra quaturor dies post deliberationem ind imponet Ballium secundum legem. Et obtinebit breve de Supersedeas superinde defendens poterit procedere ad executionem non obstante tali brevi de error. Et ulterius ordinat ' est quod post breve de error debito modo allocat ' & Supersedeas superinde obtent ' nulla fiet Executio pro non transcribend ' Record ' in Bancum Regis sieve Certificatione in scriptis per Clericum Errorum quod quoerens in tali brevi de error fecit default ' in transcribend ' Record ' in Bancum Regis juxta Regulam Curiae prius de cursu dand '. Fra. North. Hugh Wyndham. Rob. Atkyns. Will Scroggs. Hil. Annis xxviii. & xxix. Car. Secundi Regis. WHereas several cautionary Rules have been, and are usually made by this Court, and directed to be left with the Officers, viz. the Custos brevium, clerk of the Kingssilver and Chirographer, for the staying of Fines suggested to have been acknowledged by Infants, or Feme-coverts without the consent of their Husbands, or persons of non merely memory, or otherwise disabled in Law to aclowledge the same, which Rules being numerous, and the persons concerned therein being negligent in the renewing and continuing thereof as they ought to do every Term, and in length of time the parties disabled as aforesaid by Marriage or otherwise, having changed their names. It becomes impossible for the said Officers duly to observe the said Rules incumbenton them for staying such Fines. It is therefore ordered that all Rules heretofore made for the staying any Fine or Fines upon any such or the like suggestion or occasion as aforesaid, shall be renewed or continued, and Copies thereof left with the said respective Officers before the end of Easter-Term next, or otherwise that the same be no way obligatory upon the said Officers or any of them. And that for the future all persons making any complaint against such Fines acknowledged by persons so disabled as aforesaid, or by any person in the name of another, or by the like deceit, shall from Term to Term so long as they expect benefit or observance of such Rule, enter and continue the same rule for that Term, or leave Copies thereof with the said respective Officers, and that the same may thereby be the better taken notice of, or in default thereof, the said Officers or any of them shall not stand farther obliged thereby. And all persons concerned in the obtaining or prosecuting such rules, for the staying such Fines so levied as aforesaid, their Attorneys or clerks are hereby enjoined every Term to search and see the Books and entry of Fines with the clerk of the Kingssilver, or other Officers where Entries are kept for that purpose. In as much as it is not possible for the Officers to take that care for the stopping of such Fines and Recoveries as by order of Court they shall be enjoined to stop by reason of the multiplicity of old orders which are never recalled so, that they cannot know which orders are in force. It is therefore ordered that for the future, all manner of Caveats and orders for the stopping Fines and Recoveries to be renewed every Term or else to lose their force. Fra. North. Hugh Wyndham. Rob. Atkins. Will. Scroggs. Pasche Anno Regni Regis Car. Secundi, xxix. FOrasmuch as it hath been represented to this Court, by the clerk of the Kingssilver of this Court, that it is not possible for him to take care for the stopping of such Fines, as by order of Court he is enjoined to stop by reason of the multitude of old orders concerning this matter, which have been granted and never recalled, so that he cannot know which orders stand in force, and which are determined. It is therefore ordered that for the future, all manner of Caveats and orders for the stopping any Fines, shall be renewed every Term, and Copies thereof left with the clerk of the Kingssilver, for which he is to demand onely his ancient Fee of 3 s. and 4 d. the Term as aforesaid, and in default thereof, all Caveats that shall not be so renewed shall lose their force and be voided. Fra. North. Hugh Wyndham. Rob. Atkins. Will. Scroggs. Sanctae Trinitatis Anno xxix. Car. Secundi Regis. WHereas divers complaints have been made to this Court, of the manifold inconveniences and mischiefs that daily happen, for that many of the Officers and Attorneys of the said Court, having public and considerable employments in the Law, are not admitted of any of the Inns of Court or Chancery, where if they were, they might be better known and more readily resorted to, and the better manage their Affairs, but lodge and keep their Offices in places obscure and remote from the said Inns of Court and Chancery contrary to the ancient course and usage, and to the great damage of the King's People through surprises happening, and advantages thence taken and insisted upon, for prevention of which in time to come, it is ordered by the Justices of this Court, that all Attorneys already admitted of this Court,( except such as dwell in London or Westminster, and the Suburbs thereof, or in the burrow of southwark, and the Liberty of St. Katherine near the Tower of London,) shall be admitted of some of the Inns of Court or Chancery before the end of Michaelmas-Term next coming, and take Chambers there if conveniently they may be done, else that they take Chambers or loadings in some convenient places near the said Inns, and leave word with the Butlers of such Inns where their Chambers or Habitations are, upon pain of being put out of the Roll of Attorneys. And that no person whatsoever( except as is above excepted,) shall hereafter be Sworn an Attorney of this Court, unless he be first admitted of some of the Inns aforesaid, and bring and produce in Court at the time of his being Sworn a Certificate under the hand of the Treasurer or Principal of the said Inn whereof he is admitted, testifying his Admission, which Certificate every Attorney so Swo●● shall deliver to the clerk of the Warrants of this Court for the time being, to be by him filled, before such Attorney's name shall be entred into the Roll of Attorneys of this said Court, remaining with the said clerk of the Warrants, unto which file of Certificates the Treasurers and Principals aforesaid, may from time to time resort as they shall see cause. Sanctae Trinitatis Anno xxix. Car. Secundi Regis, &c. IT is ordered by this Court, that the respective protonotary do take care that every Record of Nisi prius that is signed by them be engrossed in a fair legible Character, and so entred on the Roll, and that at the beginning of every Pleading, it be begun with a new line, and the first word thereof in a greater Character than the rest. And that in all actions that have divers Narrs, they give notice thereof by Figures in the margin of such Record of Nisi prius. And in default thereof the said protonotary sign not the same. And it is likewise ordered that Mr. Ingram that doth sign, and the respective clerks of the Treasury of this Court that do engross Records of Nisi prius, from thence do from time to time take the same care of all Records made out of the said Treasury. And that all Records of Nisi prius, that shall be engrossed in this Court for the future, be of exact breadth of the Rolls of this Court, and not broader or lesser. Fra. North. Hugh Wyndham. Rob. Atkyns. Will. Scroggs. Sanctae Trinitatis Anno xxix. Car Secundi Regis, &c. WHereas divers complaints have been made to this Court, of the manifold inconveniences and mischiefs that daily happen, for that many of the Officers and Attorneys of the said Court, having public and considerable employments in the Law, and are not admitted of any of the Inns of Court or Chancery, where if they were, they might be better known and more readily resorted to, and the better manage their affairs, but lodge and keep their Offices in places obscure and remote from the said Inns of Court and Chancery, contrary to the ancient course and usage, and to the great damage of the King's people through surprise happening, and advantages thence taken and insisted upon: For the prevention of which in time to come, it is ordered by the Justices of this Court, that all Attorneys already admitted of this Court,( except such as dwell in London and Westminster, and the Suburbs thereof, or in the burrow of southwark, and the Liberty of St. Katherine near the Tower of London,) shall be admitted of some of the Inns of Court or Chancery before the end of Michaelmas-Term next coming, and take Chambers there if conveniently that may be done, else that they take Chambers or Lodgings in some convenient places near the said Inns, and leave word with the Burlers of such Inns where their Chambers or Habitations are, upon pain of being put out of the Rolls of Attorneys; and that no person whatsoever( except as is above excepted,) shall hereafter be Sworn an Attorney of this Court, unless he be first admitted of some of the Inns aforesaid, and bring and produce in Court at the time of his being Sworn, a Certificate under the hands of the Treasurer, or Principal of the said inn whereof he is admitted, testifying his admission, which Certificate every Attorney so Sworn shall deliver to the clerk of the Warrants of the Court for the time being, to be by him filled before such Attorney's name shall be entred into the Roll of Attorneys of the said Court, remaining with the said clerk of the Warrants, unto which File of Certificates the Treasurers and Principals aforesaid may from time to time resort as they shall see cause. Fra. North. Hugh Wyndham. Rob. Atkyns. Will. Scroggs. Sanctae Trinitatis, Anno xxix. Car. Secundi Regis, &c. WHereas complaints have been made to this Court, that divers persons have sued out Writs of privilege and Attachments at their own Suits as Attorneys of this Court, who have either discontinued or had their names put out of the Roll of Attorneys, remaining with the clerk of the Warrants of this Court, or were never entred upon the Roll, and yet have prosecuted such Writs so as to free themselves from Arrests, or to force bail where none ought to be given, for the prevention of which abuses, it is ordered that the clerk of the Warrants at the end of this and every other Term, shall certify under his hand to the Seal-Office of this Court, the names of all those Attorneys that have discontinued and that are forejudged the Court, and put out of the Roll, and have not filled any Warrant of Attorney, nor continued their names upon the Roll for above four Terms past, and that hereupon for such persons no Writ of Privilege or Attachment be sealed, until they have a Certificate from the said clerk of the Warrants, or have their said Writs by him signed, to testify that their names are upon the Roll of Attorneys, for which no Fee is to be paid. And it is farther ordered, that no Attorney at any time Sworn and entred upon the Roll, shall have his privilege as a clerk to any protonotary of this Court, but onely as Attorney according to the ancient custom. Fra. North. Hugh Wyndham. Rob. Atkyns. Will. Scroggs. Sanctae Trinitatis Anno xxix. Car. Secundi Regi. ss. DEcimo sexto Junii pro melicri reformatione & preventione multarum inconvenienciarum ratione negligent ' & dilationum diversorum ATtorn ' hujus Cur ' subdit ' Dom ' Regis nunc contingen ' in non prosecutione Record ' predict ' pro triationibus exit ' ad Assisas infra tempus opportunum post clausum Termini prox ' precedend ' hujusmodi Assisas contra antiquum usum & cursum hujus Cur ' Ordinat ' est quod omnid recorda predicta extra Cur ' hic emanan ' erunt signat ' per respectivos Prothonotar ' dict' Cur ' signat ' & sigillat ' per Clericum Thesaurar ' vel al' personam in ea parte deputat ' infra spatium trium septimanarum prox ' post finem hujus Termini Et infra idem spatium prox ' post clausum cujuslibet Termini Sancti Hillarii & cujuslibet Termini Sanctae Trinitatis in futurum Et non postea Nisi pro rationabili causa special ' Warrant ' proinde obtentum fuit. per Curiam. Fra. North. Hugh Wyndham Rob. Atkyns. Will. Scroggs. Sanctae Trinitatis Anno xxix. Car. Secundi. A Rule for the better observation of a late Act of Parliament, made concerning Judgments. WHereas by an Act of this present Parliament, it is enacted, that from and after the four and twentieth day of June next, every Judge or Officer of this Court, that shall sign any judgement, shall at the signing of the same,( without Fee for doing the same,) set down the day of the Month and Year of his so doing, upon the paper Book which he shall so sign, the which day of the Month and Year, shall be also entred upon the margin of the Roll of the Record, where such judgement shall be entred. Now to the end the same may be duly and justly done, in pursuance of the said Act, it is ordered by this Court, that the respective Attorneys, and clerks of this Court, that shall procure any judgement to be so signed as aforesaid,( after the said xxiv. day of June,) shall at the bringing in of their Rolls to the respective protonotary, at the same time where such Judgments are entred, produce the respective paper Books whereon such Judgments are signed, that so the respective protonotary may better examine the respective days, entred on the margin of the Roll of each particular judgement, that they do agree with the respective days, signed by such protonotary on the respective paper Books. And to the end that the said respective Prothonoraries may the better perform their duty herein, it is farther ordered by this Court, that every Attorney and clerk, that shall make such entries, shall bring in their respective Rolls, to the respective Prothonotaries in manner and form following, that is to say, the Rolls of every Trinity-Term in every Year, at or before the Feast day of St. Michael the Archangel, then next following, and the respective Rolls of every Michaelmas-Term, in every year at or before the Feast day of St. Thomas the Apostle then next likewise following, and also the respective Rolls of every Hillary-Term in every year, at or before the Feast day of the annunciation of our Lady the Virgin, then next likewise following, and also the respective Rolls of every Easter-Term in every year, at or before the first day of every Trinity-Term in every year, then next likewise following, under such pains and punishments upon every default made by any Attorney or clerk of this Court, as this Court shall think fit to inflict on such defaulters. And it is farther ordered that upon the signing of all Judgments, by the respective Prothonotaries of this Court, upon Postea Writs of Inquiry, special Verdicts, Demurrers, Nultiel Records, Relicta Verificatione, and such like Judgments, the same shall be delivered over forthwith, after such signing to the respective clerks of the Judgments in each Office, that so the respective dayes, being the time when such Judgments are signed, may be drawn up in the respective judgement Papers in each Prothonotarie's Office, that so the same may be entred on the margin of the Roll of every such Record, where such judgement is entred. And it is farther ordered, that the respective protonotary shall not sign any judgement by such confession, either by non sum inform ' or nihil Dic ' unless the same be brought to be signed within xx. days after the respective ends of every Trinity, Michaelmas, or Hillary-Terms in every year respectively, and at or before the first day of every Trinity-Term in every year, unless such Attorney or clerk do produce before such protonotary a Warrant, or Warrants of Attorney, that do bear date after the end of any such Term, and then such Judgments on such Warrants so produced, may be signed at or before the essoin day of every succeeding Term in every year, and not after. Fran. North. Hugh Wyndham. Rob. Atkyns. Will. Scroggs. Sancti Michaelis Anno xxix. Car. Secundi, &c. THrough the great complaints that have been made to this Court, of the neglects of Attorneys and clerks, to file the Writs and Warrants of Attorneys, whereupon common Recoveries have been suffered, and of the mischiefs that have thereupon happened. And for the prevention of such mischiefs and dangers in time to come, it is ordered as well by the consent of the Custos Brevium, as of the Prothonotaries, and clerk of the Warrants of this Court, that at all times hereafter when the said Prothonotaries shall examine, and sign the exemplifications of such Recoveries, they in their respective Offices do then cause all the same Writs, being sealed and duly returned, and all Warrants of Attorney thereupon taken without Writ to be left in their hands to be filled with the usual Fees for filing the same, without post Terminums. And that the said Custos Brevium and clerk of the Warrants, or their known Deputies, shall receive from the said Prothonotaries in their respective Offices, the said Writs and Warrants of Attorney, with the said Fees for filing thereof in manner following, to wit, for the said Writs and Warrants profecuted and perfected of this present Term, and every other Term of St. Michael in Easter-Term then next following, and for the said Writs and Warrants of Attorney, of every Hillary-Term in Trinity-Term next after, and for the said Writs and Warrants of Attorney, of every Easter-Term, in Michaelmas-Term next after, and for the said Writs and Warrants of Attorney of every Trinity-Term, in Hillary-Term then next following. And that the said Custos Brevium, and clerk of the Warrants, or their said Deputies, shall give receipts under their hand of all such Writs and Warrants, as shall be from time to time received from each of the said Prothonotaries by way of Duplicate, containing the County where the Lands be, the names of the Demandants, Tenants, and Vouchees, who come in by Writs of Summons. And also of the Attorneys and clerks names, who prosecuted the said Recoveries. Fra. North. Hugh Wyndham. Rob. Atkyns. Will. Scroggs. Pasche Anno xxx. Car. Secundi. ss. VIcesimo quinto Aprilis, Cum nuper scilicet ' Termino Sancti Michaelis ult ' praeterito pro evitatione errorum saepissime contingen ' per negligentiam Attorn ' & Clericorum Curiae hic in defectu debit prosecutionis & filationis brevium de Ingressu Sum ' Sesein ' & Warrant ' Attorn ' supper quibus coia ' Recuperar ' extitissent permissa Ordinat ' fuisset per Cur ' ex assensu Custod ' brevium Prothonotariorum & Clerici Warrant ' hujus Cur ' quod quamdocunque Prothonotarior ' predicti in eorum Officiis respective examinarent & signarent aliquod Recuperar ' per Curiam hic exemplificat ' iidem Prothonotarii viderent quod Brevia & Warrant ' predict ' debit execute ' & retornat ' & in eorum Prothonotariorum manibus respective relict ' essent cum usual ' feodis pro affilatione eorund ' Jam ex querela Willielmi Jones Militis Attorn ' Dom ' Regis generalis Justic ' Cur ' hic fact quod quidam Attorn ' & Clerici ejusdem Cur ' brevia sua de Ingressu per ipsum Attorn ' generalem sub manu sua signand ' ut officio suo pertinen ' juxta Antiquum Cursum infer neglex issent in defraudatione ipsius Attorn ' general ' de feodis suis in ea parte. Ordinat ' est quod Prothonotar ' predict ' de futuro supper examinatione & sign ' Cleric ' Recuperar ' Curiam videant quod quodlibet ' tale breve de ingressu signat ' sit per dict' Attorn ' generalem Alit ' iidem Prothonotarii ad signand ' tales exemplificationes & sign ' totaliter abstineant quousque breve ind ita signat ' fuit ' Et dict' Attorn ' general ' desideratur quod ipse brevia predicta pro manu sua habend ' sibi delibat ' sine dilatione signare volvit. Fran. North. Hugh Wyndham. Rob. Atkyns. Will. Scroggs. Trin. Anno xxxii. Car. Secundi Regis. Regula generalis quoad Narrationes in ejectione firm in London & in Com' mid. ss. VIcesimo primo Junii Ordinat ' est quod Queren ' vel eor ' Attorn ' sieve partes quae delibari ' fac ' Narrationes in placito predicto in dict' Com' mid. & London, supper tali deliberatione ind denunciabunt tenen ' in possessione tentor ' in question respective quod ipsi compareant per Attorn ' Cur ' hic in defensione tituli ind initio prox ' Termini prox ' post diberation ' Narr ' ill fact ' Et ulterius Ordinat'est quod queren ' predicti de cetero nile capient per Motionem in Cur ' hic fiend ' ad judicium versus casualem ejectorem pro defectu comperencie habend. Nisi hujusmodi motio fiat infra unam septimanam prox ' post primum diem cujuslibet Termini sancti Mich. Et cujuslibet Termini Pasche. Et infra quatuor dies prox ' post primum diem cujuslibet Termini sancti Hil. & cujuslibet Termini sanctae Trin. per Cur ' Trin. Anno xxxiii. Car. Secundi Regis. Generalis regula pro Custagiis supper prosecutione ad utlagar ' ss. VIcesimo secundo Junii Ordinat ' est quod nullus Defendens qui in vel post mensem Sancti Mich. prox ' futur ' utlagat ' fuit. Ac qui comperebit & utlagar ' reversari faciat supper reversatione ill ' solvet pro custag ' queren ' aliquam denarior ' Summam exceden ' usual ' custagia de Exigend ' in ista Cur ' una cum sine Domino Regi supper brevi originali si quis solut ' fuit. Et quod omnia ulteriora Custagia respectuant ' usque tempus signandi Judicium pro Queren '. Et ulterius Ordinat ' est quod quilibet Defendens sic utlagat ' & utlagar ' illam reversari saciens si Querens supper ind non processit infra duos Terminos prox ' post noticiam reversationis ind, habebit Custagia per Prothonotarium taxand. per Curiam. Pasch. Anno xxxiv. Car. Secundi Regis. Regula generalis de Statuto penali. ss. Sexto Maii Ordinat ' est quod quamdocunque actio per aliquem qui tam &c. pro Domino Rege supper aliquo statuto penali prosecut ' & triata fuit Et ubi veredictum pro Domino Rege reddit ' fuit le postea primo die prox ' Termini prox ' post veredictum praed ' sic reddit ' per Clericum Assisar ' retornat ' deliberetur in hanc Cur ' ad manus Prothonotarii in cujus Officio causa existit & minime parti prosequend ' Et quod judicium supper ind intretur de Recordo ita quod pars illa penalitat ' quae Domino Regi pertinet debit levari posset. Et ulterius Ordinat ' est quod cum judicium intrat ' fuit de Recordo Nota sieve Praecipe Recordi illius cum Numero Rotuli ind deliberetur per Clericum Judicior ' Clerico Warrant ' hujus Cur ' ut summa sieve sinis ille Domino Regi sic pertinens per ipsum Clericum Warrant ' inter al' in Sum ' dicti Domini Regis debit extrahatur Quodque idem Clericus Warrant ' pro receptione talis Notae sieve Praecipe manum suam apponet ad papirum Clerici Judicior ' pro Judicio pred' intrand. per Curiam. Pasch. Anno xxxiv. Car. Secundi Regis. Regula pro manu Attorn ' general ' ad Brevia de Ingressu habend '. ss. DEcimo tertio Maii supper querimonia Roberti Sawyer Militis Attorn ' Domini Regis generalis Justic ' Cur ' hic fact ' quod quam plurima Brevia de Ingressu in le post quae per ipsum ut Attorn ' general ' sub manu sua signari debeant per diversos Attorn ' & Clericos hujus Cur ' adhuc prosecut ' sunt. Et sine manu ipsius Attorn ' generalis prius habit ' affilantur in defraudatione ejusdem Attorn ' de feod ' suis & contra regulam Cur ' hic in ea parte fact ' Ordinat ' est quod Prothonotar ' hujus Cur ' curam habeant, & quilibet eorum in Officio suo respective videat cum examinavit aliquod Recuperar ' per Breve de Ingressu pred' quod Breve illud per pred' Attorn ' generalem sub manu sua signetur Quodque Prothonotarius nullum tale Breve ad affiland ' recipiet Nisi per pred' Attorn ' ita signat ' fuit. per Curiam. Pasch. Anno xxxiv. Car. Secundi Regis. THe Justices of this Court taking notice, and considering the great mischiefs which may and do happen, by reason that several Attorneys and clerks of this Court, to whom the Prothonotaries of this Court have delivered Rolls, have not in due time brought them back to be filled, whereby they have been in danger to be lost, and subject to have Judgments unduly entred upon them, to the great damage of purchaser, and scandal of the Court; for prevention of which mischiefs it is now ordered, that none of the Prothonotaries of this Court, shall hereafter deliver any Roll, or Rolls to any such Attorney or clerk, who appears to be a Defalter against this Order, in not bringing back his Rolls in due time, until they shall have brought in respectively such Roll or Rolls that they had delivered unto them, and that it may appear in whose custody all Rolls are. It is farther ordered for the future, every Attorney or clerk that shall receive any Roll, either Plea, or Common from the respective Prothonotaries of this Court, shall sign and set his own hand to such Prothonotarie's Book, from whom they shall receive the same, for the receipt of such Roll or Rolls, and that no protonotary do deliver any Rolls to any other, but to the proper hands of some known Attorney or clerk of their respective Offices. And it is farther ordered, that the said respective Prothonotaries of this Court, do and shall the first day of every Term for the future, take an account of what Rolls are wanting, of the precedent Term in their respective Offices, and shall respectively render an account thereof to this Court, the second day of the succeeding Term, that so the Court may take order for the bringing them in. And it is farther ordered, that every Attorney and clerk of this Court, that shall receive any Roll or Rolls as aforesaid, Plea, or Common of this or any other Easter-Term for the future, shall bring in the same to the Office from whence he received the same, at or before the first day of the next Trinity-Term, and that the Rolls received of any Trinity-Term for the future, shall be brought into such Office, at or before the Feast day of St. Michael the Archangel next ensuing, the said Term yearly. And that Rolls received of any Michaelmas-Term, for the future, shall be brought into such Office at or before the sixth day of January next, after the said Term yearly. And that the Rolls received of any Hillary-Term for the future, shall be brought into such Office, by the space of four days before the Feast of Easter next, after the said Term yearly. And it is farther ordered by this Court, that the clerk of the Essoyns for the future, shall not presume to deliver any post Rolls, or other Rolls of this Court, to any Attorney or clerk of this Court, but to the respective Prothonotaries, and other Officers of this Court, that have a right to such Rolls. And if any Attorney or clerk of this Court, shall at any time for the future, presume to carry any of the Rolls of this Court, into the Country, after they have been delivered to them by the respective Officers, to enter causes there, contrary to the ancient Rules and Orders of this Court, this Court doth declare, that they will cause all the Penalties to be inflicted on such persons as shall Act to the contrary, and that upon notice of such Offenders, the Court will farther proceed against them as contemners of the Rules of this Court. Fra. North. Hugh Wyndham. Job Charlton. Creswell Levinz. FINIS. A Catalogue of some Books, Printed for Robert Pawlet, at the Bible in Chancery-Lane, near Fleet-street. THe Lord Keeper's Speech to Mr. sergeant Saunders, at the time he was Sworn Lord chief Justice of his Majestie's Court of Kings-Bench, Tuesday the 23d. of nuary, 1682. A Collection of Rules and Orders now used in Chancery. Sir Francis Moor's Reports. Sir geoffrey Palmer's Reports. Baron Savill's Reports in the Exchequer. The Reports of John Aleyn, late of Grays-Inn, Esq President of Presidents, wherein there is an Extract of all the general Learning and forms of Presidents now Extant. Unity and Peace, or the Duty of the People, in respect of Communion with our Church, delivered in two Sermons by Richard Lucas, Vicar of St. Stephens Coleman-street London, 1682. Villare Anglicum, or a View of all the Cities, Towns, Villages, &c. In England and Wales, alphabetically composed, so that naming any Town or Place, you may readily find in what Shire, Hundred, Rape, Wapentake it is in: Also the number of bishoprics, and Counties under their several Jurisdictions, and the Shire-Towns, Burroughs, and Parishes in each County, by the appointment of the Eminent Sir Henry Spelman, Kt. Christian Thoughts, for every day of the Month.