JUS FILIZARII: OR, THE Filacer's Office IN THE COURT OF King's-Bench. Setting forth. The Practice by Original Writ, with several Precedents and other Matters relating thereunto; and also a Presentment of the Fees of all the Officers in the said Court. Very useful for the Filacers, and all other Practisers in that Court. By JOHN TRY, of Gray's-inns, Esq Quod per Recordum probatum Non debet esse negatum. LONDON, Printed, by the Assigns of R. and E. Atkyns, Esquires, for Richard Tonson within Gray's-inns Gate next Gray's-inns Lane. 1684. TO THE Right Honourable, FRANCIS, LORD GVILFORD, LORD KEEPER OF THE GREAT SEAL OF ENGLAND. MY LORD, SInce that by the hand of divine providence and the favour of our most gracious Sovereign deservedly conferred upon You, You are arrived to the highest Sphere in the high and honourable Court of Chancery, that Officina Justitiae in which all Original Writs whatsoever are framed, and out of which they issue forth, and are returnable in all the Courts of Common Law, whereby Process thereupon are made (amongst others) in this His Majesty's Court of King's-Bench, I could not imagine with myself where to find a more fit, just and honourable Patron than Your Lordship, under the umbrage of whose Protection my weak Endeavours might be admitted shelter, being very sensible what hazard I run in this most critical and sensorious Age without the affluence of Your Lordship's favour, which I do humbly beg; imploring your pardon if I have offended by this my too great presumption, in regard I have not been so happy as to be so well known to Your Lordship as in the least to expect it. It is a subject that I do not find hath been ever treated of (as to the Court of King's-Bench) by any Pen whatsoever, and the pathway to it therefore being very rough, hard and uneasy, can never be made plain either to myself or others except it meet with Your Lordship's good opinion, wherever you find the matter in it, to be centred between Truth and Justice; for both which I am most fully assured You are and will be a devoted Advocate. My Lord, I am the humblest of Your Lordship's Servants, JOHN TRY, To the Impartial Reader. AS Time is the Mother of all things, out of whose vast Womb all matters and proceed in Law whatsoever are formed and fashioned, so after long continuance either through interest, wilfulness or ignorance of some Practisers both in this and other Courts of Common Law, many things therein are so altered and changed from what they were originally, that they seem rather to have been Abortives than to have had a mature and timely production; And thus, I may say, it is now with the practice by Original Writ in this Court, for through all or some of the aforementioned causes, it is (as it were) grown obsolete, and the proceed by Bill hath almost thrown that by Writ out of this Court; I wish that by Bill all the happy success imaginable, and do only hope that this by Writ may be continued in this Court, where it hath been formerly much used; and (as the Returns of such Writs import) be as a shadow following its substance, our now Sacred Majesty and his Successors, wheresoever He or they shall be in England, in which that He may long live and have a happy Reign, is not only the hearty desire but daily prayer of John Try. Grace ' sin, March 27. 1684. THE PREFACE. BEFORE the several Matters in this Treatise come to be handled, it will be convenient to say somewhat, First, To the Etymology of the word Filacer, or Filizer; Secondly, To the nature of his Office; and Thirdly, To the antiquity of it. And First, As to the word Filacer, or Filizer, it is observable that cowel in his Interpreter, and the Book called, The Terms of the Law likewise, speaking of such Officers in the Court of Common Pleas, say that it comes from the French word Filace, i. e. a Thread, on which, as in that Court, so in this, it may be very well thus paraphrased, That it is a Thread indeed, without which anciently, in this Court as well as in that, there could have been no web or work made for the dispensing and administering of Justice and Right to all, and a Rule that leadeth all Persons, Plaintiffs in this Court, so directly to their Rights, that it will force the Defendants at last to appear and plead: And although these Books do take notice only of such Officers in the Court of Common Pleas, yet (as will appear hereafter in this Treatise) former Statutes, and those very ancient, have, and do make mention of such Officers as Filizers in this Court: Or perhaps, and most likely, he was heretofore so called for that it may be, he did not only make out divers Writs and Process in his Office, but did also thread or file up the same, as the Custos Brevium of this Court now doth, before ever there was any such Officer in this Court; and being the King's Clerk in Court, is always admitted into his Office by the Lord Chief Justice of this Court, for the time being, and by no other Judge thereof, by delivery of a Parchment Roll of such his admission to him, as Livery and Seizing of his place, after that he hath taken the Oaths of Allegiance and Supremacy, and this Oath following; viz. A. B. You shall swear well and truly to The Filizer 's Oath upon his admission. exercise the Office of a Filizer for the County of C. and also truly and diligently to extract all Fines, Issues and Amerciaments due to our Sovereign Lord the King arising in your Office, during the time you shall so remain Officer; So help you God. By which it appears, that in his Office he is bound to serve the King as his Clerk, and from him, for that his service he hath time out of mind had a privilege to write or style himself Clerk to our Sovereign Lord the King assigned to enrol Pleas in this Court before the King himself, being so styled in Coke Book of Entries, fol. 20. in a Case between Hugh's a Filizer Plaintiff, and Keme Defendant, and entered in this Court in Trin. 7 Jacobi Regis rotulo 1490. and also in Hilar. 20. ejusdem Regis rotulo 5. in't. Gosnold a Filizer Plaintiff, and Dereson Defendant; which said privilege hath also lately been allowed by this Court to be such, upon Pleas in abatement, unto Declarations filled against them, in which these words (ad Placita in Cur. Domini Regis coram ipso Rege irrotuland. assignat.) have been omitted; And in his Office he hath a Freehold for life granted him, as may appear by the Entry of an admission of a certain Filizer on record; and might be proved by divers other Precedents, but one may suffice; and may serve for other Entries in the like nature when granted upon a Surrender of the then present Filizer, and if it be not upon Surrender, yet with a little variation it may also serve upon admission into any vacant place; It is entered in this Court, Termino Paschae An. 33 Elizabethae, upon one Hilsdons a Filizer's Rolls, at the beginning of the Rolls thus, Memorandum quod cum W. L. gen. seit. The Entry of his admission. Sile. Paschae 38 H. 6. rot. 73. & Mich. 26 & 27 Eliz. rot. primo & Mich. 8 Car. primi rot. primo. existen. de & in officio Filizar. pro Com. B. & B. idem W. die, etc. prox. post, etc. isto eodem Termino coram Domina Regina apud Westm. in propria persona sua ven. & ex mera & spontanea voluntate ipsius W. sursum reddidit in manus C. W. Mil. Capitalis Justice. dominae Reginae ad placita coram ipsa Domina Regina tenend. assign. Officium Filizar. dictor. Com. B. & B. praedict. Et idem C. W. adtunc & ibidem praedict. Officium Filizar. dictor. Com. B. & B. Thomae Hilsdon. gen. tunc present. in Cur. dedit & concedit & ad dictum Officium Filizar. Com. B. &. B. predict praefat. T. H. adtunc & ibidem admisit, Habend. Tenend. Occupand. & Exercend. sibi ut liberum Tenementum suum, etc. cum Feod. vad. & proficuis eidem Officio incumben. & de antiquit. debit. & consuet. Et dictus T. jurat. est. Secondly, As to the nature of his Office; you see by his Oath aforesaid, He is bound truly and diligently to extract all Fines, Issues and Amerciaments due to our Sovereign Lord the King arising in his office, and so he is also bound as the King's Clerk, in Termtime to attend the Grand-jury for the body of the County of Middles. where the King's Court of his Bench is now resident, or wherever else it shall be in England, to draw the Inditements that they are to present, and (if occasion) to engross them; but it hath been usual of late years for such Filizer, to whose lot it falls (being appointed thereunto by the Court) to get one of the Clerks of the Crown Office (being always ready in Court) to attend and perform this service for him: And for a farther account of the nature of his Office, it will not be amiss here to set before you a Copy of a Narrative delivered me by a late Cap-officer of this Court, which was heretofore (as is conceived) addressed by one Edgar, Filizer of London in this Court, and other the then Filizers thereof by way of Petition to the then Judges of this Court about the year of our Lord 1630. And some short time before that, the said Presentment (in the Title page mentioned) was made of the Fees of all the Officers of this Court, and taken by virtue of his then Majesty's Commission under his great Seal of England, a part of which Commission, together with a Copy of the said Presentment you may find placed at the end of this Treatise; In which Narrative or Petition rather it was thus then declared and set forth, That the Filizer is the only immediate Clerk and sworn Ministerial Officer in this Court for the King's assured and true service therein; By whose duty through continual and constant use, and former practice in the Law diligently performed great increase of profit hath been in all former Ages in a very great measure augmented yearly unto the Crown of England, until of late years; and now, that the Statutes de An. 2 H. VI cap. 10. and 5 & 6 Ed. VI cap. 16. are so neglected, as that through gross ignorance, daily abuses of right Entries and Proceed upon Original Writs, have so changed and altered the right institution of the Law in that Point, (to the scandal and slander of the Law) that the wont yearly profit of the Crown of England is thereby stopped and diverted, and the People of England much grieved and oppressed, all which happening through the innovated, encroached and intermixed practice illegally of the Servants of the Chief Clerk, who being no immediate Clerks of the King, nor sworn for performance of true Service to him, and having neither Offices to be seized, or places to be forejudged of, they corrupt, usurp, and abuse the process, practice and Offices of the said Filizers, by making process to, and of Outlawry, in the name of the Filizers, without their privity or consent; and afterwards never file the Writs of Exigent, by which Fraud the King's Majesty is deeply prejudiced both in the real and personal Estate of the Party outlawed by common Bayls taken by consent of such Servants or Clerks to the Chief Clerks; And there is or aught in Law to be, the King's Clerk, (the Filizer) constituted upon oath to perform and do these Services for the King and People, for every City and County of this Kingdom upon forfeiture of his Office, if found in any Fraud committed; All which, with divers other Enormities and Abuses, the then Filizers offered, and were ready to make appear to the said Court. Upon which it appears, that the then Filizers did satisfy the then Judges of this Court of the nature and duty of their Offices; And what it was then, it continues so still, being since that, never altered by any Act of Parliament, or any other due course of Law; And (that as formerly) so now much profit will accrue to the Crown of England by proceed grounded upon Original Writs (and therefore ex debito Justitiae ought to be encouraged in this Court) is very plain and obvious. And seeing it is the duty of every loyal Subject, of what degree soever, to advance the Revenue of his Prince as much as he can, by discovering all legal ways and means by which it may be obtained; so, much more of him or them that are not only Subjects, but also Officers of the Court under him as is before said the Filizers of this Court are. And first of all, great profit would accrue to the Crown of England by such proceed in respect of the great number of Original Writs that would issue out of the High-court of Chancery yearly more than now do, whereby the Seals in that Court would much increase. Secondly, in respect of the many Fines, more than now are, that would be paid upon such Originals yearly, whereby his Majesty's Fines in that Court would be also much increased; And thirdly, in respect of the great number of Writs that would be sealed in this Court of King's-bench by his Majesty's Green-wax Seals, more than there is at present; whereby the yearly Revenue thereof would likewise be much augmented, for if any Defendant be arrested by a Writ of Capias ad respondend. upon an original returnable in this Court, than indeed one Writ serves, but if the Plaintiff cannot thereupon arrest him (as commonly it falleth out so) then is he forced to take out, a alias Cap. and after that a plur. Cap. and if he cannot arrest him upon either of these two last, than he takes out an Exigent and Proclamation, and all this is in the Law a favour to the Defendant to cause him to appear if he will, and if he will not, then upon returns of the Exigent, an Outlawry goes out against him; So that in many actions there are five Writs commonly sealed in this Court, in one cause before the appearance of the Defendant, and after appearance, in each cause a Supersedeas, and for non appearance, an Outlawry, and divers other Writs, All which matters (duly considered) would certainly as much augment the Revenue of the Crown of England, as it hath done formerly when this practice by original Writ flourished in this Court. Thirdly, As to the antiquity of his Office, It is evident, (and will be so) to any person that will take the pains to search the Records of this Court in the Reign of Edward the Third, that there were then such Officers as Filizers in this Court; For that at the bottom of the Plea Rolls of this Court are set their Names, as so many several. * Or chief Clerks. Prothonotaries to such Writs and Issues and other proceed as they then entered, and it is possible to prove it also before that time; but this being above 300 Years since may be thought sufficient, and for above 200 Years past, it appears by the Statute of the tenth year of the Reign of Henry the 6th. Cap. 4. and the 18th. of the same King Cap. 9 (where in both those Statutes the Filizers and Exigenters of this Court are mentioned, that there were then such Officers in this Court, and to go much farther if it were necessary it is rational to presume that there were such, before the Norman Conquest; For that my Lord Coke in his Preface to his third Report saith, That Writs of Assize and other Original Writs were returnable into the King's Courts before the Conquest, and that (as Justice Fitzherbert saith in his Preface to his Book called Natura Brevium, that seeing they be (speaking of such Writs) the Rules and Principles of the Science of the Common Law) they do manifestly prove that the Common Law of England, had been time out of mind of man before the Conquest, and was not altered or changed by the Conqueror. And therefore certainly if such proceed then were by original Writs, it is no Foreign presumption to believe there were such Officers as Filizers who made out such Writs. Also under the name and Office of a Filizer in this Court is comprehended the Exigenter, The Clerk of the Supersedeas, the Clerk of the Outlawries, and the Clerk of the Jurours, and therefore it will be necessary to consider all these places apart, and distinct the one from the other, and to observe what they do in these several Capacities. And First, As Filizers they have and 1. As Filizers. do, and of right aught to make out and enter upon all Actions brought by original Writ, all Writs and Process whatsoever, some whereof are these, viz. all Cap. Als. Plur. Testat. Cap. Distring. in Trespass and trespass on the Case, and in every suit, qui tam. etc. in every Rapt. Custod. in every trespass contra formam ordinationis, in every ejectione firm and such like special Actions, every Cap. Als. Plur. in appeal of Murder, Robbery, and Maihm. every Resummons Habeas Corp. & Distring. in Attaint. and Writs of Withernam, Second deliverance and return. habend. and venir. fac. subpoena Distring. Jur. and divers other such like Writs, They likewise take and enter all appearances general or special, wherein good bail is required, upon original Writs they enter all general and special Imparlances, they make Copies of writs of Attaint, and they give Rules ad narrandum ad placitandum ad replicand and the like, and enter Nonsuits for want of declaring, and these things and the like they do as Filizers. Secondly, As Exigenters, they make 2. As Exigenters. out and enter in the actions before mentioned and such like actions, all and every Writ or Writs of Exigent and Proclamation, Allocat. Exigent. post Cap. Scir. fac. sur. general. ou special pardon le Roy, and such like Writs. Thirdly, As Clerks of the Supersedeas, 3. As Clerk of the Supersedeas. they make out and enter upon the Exigent roll in the said actions and such like, all Writs of Supersedeas, quia improvide or otherwise; all Writs de non molestando and other such like Writs, both as well upon appearance of the Defendant to the Exigent, as after that the Defendant is outlawed, and either his Body taken by a general Cap. Utlagat. or his Lands or Goods by a special. Fourthly, As Clerk of the Outlawries, 4. As Clerk of the Outlawries. they make out and enter in the said actions, all the said Writs of general and special Cap. Utlagat. and deliver them of Record, and transcribe such special Capias and Inquisition when returned into the Exchequer, and make out likewise the Cap. pro Fine Regis sur. capiat, and other such like Writs, and if such Outlawry be reversed they enter up such reversalls. Fifthly, As Clerks of the Jurors, They 5. As Clerk of the Jurors likewise make out and enter in the said Actions, all Distring. Jur. or Habeas Corpor. and deliver them of Record and (as is said before) attend in Termtime the grand Jury for the County of Midd. or in whatsoever other County the Court of Kings-Bench shall sit. They are Attorneys of this Court as soon as they are admitted Filizers, and do practise (if they please) as Attorneys by Writ or Bill, but they cannot enter any thing by Bill on the Prothonotary or chief Clerks rolls, but one of his Clerks must enter for them. Their Writs and Process are always filled with the Custos Brevium, and not with the said Prothonotary or chief Clerks, and they do many other things belonging to their said Offices, too long here to insert, and are therefore here spared, because more of this matter may be found in the Copy of the presentment before mentioned placed at the end of this Book. In the Court of Common-Pleas the Process to the Outlawry runs through divers Officers or Clerks hands, but in this Court it is all in one person the Filizer, which is such a sole and absolute Officer, and his Office was and is much after the same manner executed, as the Prothonotary's Office of Monmouth, and there was no more but one such Officer in this Court to all the ends and purposes aforesaid, both before and in the time of Henry the 6th. (nor since) in which time the practice by original Writ in this Court was greater than that by Bill. Let this suffice (by way of Preface) to show what Writs and Process do belong to the Filizers of this Court to make out and enter. It is most certain, and I make no doubt but that it will be granted me, that all the supreme Courts of Common-Law at Westminster, through length of time have very much entrenched the one upon the other, (as might easily be made appear, but that being nothing to the matter in hand shall be passed over) and that it is as difficult to reduce their ancient practice into its right and due course, as it is to divert the water of Thames from running in its now Channel; but yet certainly it is not so hard a task for any of the said Courts to set to rights the different practice within the same according to its ancient use and Custom, and thereby hinder one Officer from entrenching upon another, which brings me to the first matter intended to be handled, which is as follows. THE FILACER'S-OFFICE IN THE Court of King's-Bench. That the Practice by original Writ, is First. of very great antiquity in the said Court. FOR the proof whereof it is necessary to observe that heretofore and now at this time also, there are three several ways of proceed in this Court, that is to say by original Writ, by Bill, and by Attachment of privilege. The First, Grounded upon a Writ issuing out of the high Court of Chancery returnable in this Court. The Second, Grounded upon the Custom of the Court. The Third, Grounded upon the grace and favour of the Court, besides divers other proceed upon Actions removed out of inferior Courts by Writs of Recordare, Certiorari, Habeas Corpus, and the like into this Court; and although my Lord Coke in his Preface to his eighth report saith, that all the four supreme Courts at Westminster, be all the King's Courts, and have been time out of Memory of Man, so that no man knoweth which of them is most ancient, yet without doubt it may be easily known what was the original practice in this Court, for the said Lord Coke, treating of this Court, in his 4th. Institutes Cap. 7. saith that if a Writ be returnable coram Justice. nostris apud Westm. it shall be returnable in the Common-Pleas, but if it be returnable in this Court it must be thus, coram nobis ubicunque fuerim. in Anglia, and takes no notice of any Writ returnable in this Court, at a certain place; and farther he saith in the same Chapter, that in former times some ill disposed Clerks of this Court, because they could have no original Writ out of the Chancery for Debt returnable in this Court, they would sue out an original Writ in an action of trespass (a mere feigned action) and so proceed to the Exigent, whereas in truth the cause of Action was for Debt, and when the Defendant appeared, etc. all the former proceed were waved, and a Bill filled against the Defendant for Debt, This he there saith is an unjust practice in derogation of the dignity and honour of this Court, and worthy of severe punishment according to the Statute of Westm. the First, Cap. 29. when it is found out. And now in these times, although some Clerks and Attorneys of this Court do not the very self same thing, yet they come very near to such irregular practice, for that they do very often proceed by original Writ in such actions as they may justly proceed in as far as the Exigent; and when the Defendant appears thereunto by Supersedeas, then is there a Bill filled or Declaration delivered in Debt or any other action by consent of the Attorneys on both sides, supposing the Defendant to be in Custod. Marescalli, etc. as if he had been arrested by a Bill of Middles. or Latitat (that supposes a Bill) in this Court, and so waive the whole former proceed by original Writ and proceed on to Judgement by Bill, a matter certainly worthy to be taken notice of by this Court, as an abuse put upon the ancient proceed by original Writ therein, and not only against a known rule or maxim in Law expressly, Quod omnis brevis Judicialis sequitur suum. Originale, but also may prove very prejudicial to the Plaintiffs in such actions, if the same should happen to be taken notice of, there being nothing in Court as a foundation to warrant such proceed by Bill, and so all as it were coram non Judice. And it seems that, that great and learned Lawyer looked upon all Writs whatsoever, returnable in this Court to be returnable coram nobis, that is, coram Domino Rege ubicunque tunc fuerit in Angl. this Court being movable with the King's Person, (and not local as the Common-Pleas is,) and therefore called the Kings-Bench, and that this is the natural and genuine style of this Court may be gathered from hence, that several of the former Kings of England have sat personally in this Court, as the said Lord Coke saith in the same Chapter, and as Speed in his Chronicle, fol. 595. observes that, Henry the Third sat in person with his Justiciars upon the Bench at the Arraignment of Peter de Rivallis and others, and that he gave Sentence against him and sent him to the Tower. And also Sir Richard Baker in his Chronicle, fol. 205. saith, that Edward the Fourth sat in Michaelmas-Term, in the Second year of his Reign, three days together publicly with his Judges in this Court, to acquaint himself with the orders of the Court, and to observe what needed reformation in it, either at Bench or at Bar. The former of these Observations, together with some other matters in the like nature, are reported by Mr Serjeant Rolls in the first part of his abridgement, fol. 535. And I believe it to be the hearty desire and affectionate wish of every Loyal Subject, especially of the long Robe, that his now Majesty would be graciously pleased (once in his Reign at the least) to honour this his peculiar Court with his most glorious presence, a sight certainly that would be in its self so transcendently excellent, that it would parallel if not exceed that of his Coronation. But to come more close to the matter proposed, It appears as is said before, (if the most ancient Records may not possibly be by some against usual practice (as they have lately been) esteemed the weakest evidence,) that in the beginning of the Reign of Henry the Sixth, which is now above two Hundred and Twenty years since, and are the oldest Rolls now remaining in the upper Treasury of this Court, and long before that time also by Records in other places, and from that time until about the beginning of Queen Elizabeth's Reign, The proceed in this Court were more by Original Writ than by Bill, The several Terms and Number Rolls, and the years in which they are being too numerous here to insert, and would have made this Book larger than intended, and therefore it is left to the Judicious Reader (if he pleases) for his own satisfaction at his leisure, to search the same Records which are very well worthy the labour and trouble of any that desire to be acquainted with antiquity of this nature; And this may be sufficient to show that the Practice by original Writ although now much decreased from what it was at first hath been very anciently used in this Court. That it prevents in a great Measure the Secondly. delay of Execution, after Judgement had and obtained. IT is very well known to all Practisers (I presume) in this Court, that in all actions brought by Bill in this Court, in which after the Plaintiffs have recovered and are ready to take out Execution, that a Writ of Error may be brought thereupon by the Defendant returnable in the Court of Exchequer-Chamber, and very easy at all times to be purchased, but in all actions brought by original Writ and Judgements thereupon had and obtained, no Writ of Error lieth thereupon, but must be returnable in the high Court of Parliament, and that not so easy to be purchased, the charges thereof being very great, the Fees being most or all of them double over and above what those are of Writs of Error returnable in the said Court of Exchequer-Chamber, and upon the affirmation of such Judgement in Parliament, there is always very great costs awarded and taxed to the Defendant in the Writ of Error who is Plaintiff in the action for delay of his Execution occasioned by such Writ of Error; besides no Writ of Error can be obtained in such case but when there is a Parliament in being, for no Writ of Error can or aught to be returnable ad proximum Parliamentum, in regard it would be so great a prejudice and delay to the Subject's Plaintiffs in such actions, the times of convening of Parliaments being so uncertain, and only lying in the King's power as Supreme, (it being his Royal Prerogative) to Call, Prorogue, Adjourn and Dissolve them when he pleaseth: So that for the reasons aforesaid, Writs of Error are seldom brought upon such Judgements as are recovered upon actions brought by original Writ, Nay yet farther also after all this, when such Judgements before obtained by Bill, are affirmed upon the Writ of Error in the Exchequer-Chamber, yet may a Writ of Error per Stat. de Anno. 27. Eliz. Cap. 8. be brought returnable as aforesaid in the said high Court of Parliament to the intolerable delay and vexation of the Plaintiffs in such actions, a thing which the common Law of England in its own nature abhors and detests, it being Festinum Remedium, and its property such as (in some reasonable time) suum cuique dare, and therefore it is certainly the best way so to bring actions and after such a manner (especially where Titles of Land are concerned, or great damages likely to be recovered) that so after Judgement had, Execution may not long be delayed, which is for the good and interest of the Subjects who are Plaintiffs in such actions. That against some sort of Persons, and in Thirdly. some sort of Actions, there is no other way to proceed in the said Court, but by Original Writ. BY the Law of this Land, no Peer First, as to Persons. thereof ought by his Body to be taken or arrested by virtue of any Writ or Process in any Civil Cause whatsoeever. But although he may not be arrested, yet may an Original Writ of Pone, in the nature of a Summons, as the Case requires, issue out of the High-court of Chancery to cause him to appear at the return of such Writ in this Court, there to answer the Plaintiff in such Writ named, to his Complaint therein mentioned, and if the Sheriff, to whom such Writ is directed, do thereupon return that he hath taken Pledges of such Peer to appear in this Court, according as by the said Writ he was commanded, and he do not appear accordingly, Then upon such return, there may be had from the Filizer of the said County a Writ of Distring. directed to the said Sheriff, commanding him that he distrain such Peer by all his Lands and Chattels, etc. in order to cause him to appear, and if he do not thereupon appear, and such Sheriff return issues thereupon ad valentiam, etc. Then the said Filizer may make forth an Alias distring. and also upon return thereof a Plur. distring. ad infinitum, until such Peer do appear; and it is the usual course for such Sheriff to increase or double the issues upon every return; but if he return but small issues, the Plaintiff (if he pleases) may move this Court that such Sheriff may return better Issues (that is to say) greater Issues; all which Issues must be by the Plaintiff's Attorney brought into the Filizer's Office, who made out such Distring. and from thence estreated into the Court of Exchequer, there to be levied upon such Peer's Lands and Chattels, by way of forfeiture to the King, for his not appearing as aforesaid; And upon a nichil habet returned by the Sheriff upon such Distring. there may go out a Testat. distring. into another County where such Peer hath Lands or Chattels, and be proceeded upon as aforesaid. But if in case that such Sheriff do return likewise a nichil habet upon such Writ of Pone , than the Attorney for the Plaintiff may have an alias, or rather a Testat. Pone from the said Filizer, directed unto the Sheriff of that County where such Peer liveth and hath sufficient, and upon a return of Pledges taken as aforesaid, the said Attorney may proceed thereupon by Distring. ad infinitum, in form aforesaid; And besides such honourable Persons as Peers, who for their honour are said to be à Latere Regis, and are protected by Law from attaching or arresting by their Bodies in all Civil Causes, as is before said, There are other Persons, that in their politic capacity cannot be arrested or attached, such are all Corporations and Societies of men that act all under one Common Seal of their Corporation, as the Mayor, aldermans, etc. of any City; The Dean and Chapter of W. The Master, Wardens and Fellows of a College, and the like, and any Company incorporated in the City of London, or elsewhere; And likewise all Hundreders in any County, which are liable to be sued upon the Statute of Hue and Cry, where Robberies are committed, and Felons escape; such Bodies of Men being very numerous, and no single Person in his natural capacity bound to answer in any Action whatsoever; but yet they may be proceeded against to be made appear and answer in the same manner and way as the Peers of this Realm may by Distring. ad infinitum, and after Judgement had, any of their Goods and Chattels may be taken in Execution; and if it be in the Case of Corporations, they must by their buy Laws apportion the Levari upon the rest, and thereby ease him or them whose Goods are taken, and if it be in the case of Hundreders, than any Person or Persons grieved may complain to two of the Justices of the Peace of the County wherein such Robbery was committed (whereof one to be of the Quorum) who have full power by the Statute of 27 of Eliz. cap. 13. to tax and rate the said Hundred for and towards an equal contribution of the damages recovered, that so the burden of the Execution may not lie wholly upon some few of the said Hundreders, and thus much as to the Persons. Now as to the Actions, which lie not Secondly, as to Actions. in this Court but by Original Writ; no Quare impedit, Writs of Right, Replevin, and such like, come into this Court, but either by Original Writ primarily, or else Plaints are entered in Inferior Courts, and removed hither by several Writs, which are in their own nature as so many Originals, and returnable coram nobis ubicunque, etc. as Writs of Recordare fac. loquend. Acced. ad Cur. Certiorar. Writs of Error, and the like; and upon these there can be no prosecution by Bill in this Court: So that if they could not be proceeded in by Writ, this Court would lose and want much of the practice and business it now hath, and hath long had, and I wish long may have; and the same or most part of it would be brought in the other Courts of Common Law at Westm. And thus you see, that against some sort of Persons in their single Capacities, and against other sort in their politic Capacities, and against some others, as men inhabiting in any Hundred; and in some sort of Actions there is no other way to proceed in this Court but by Original Writ. That it is most agreeable to the Statute Fourthly. lately made for setting forth the cause of Action in the Writ. IT hath been formerly the practice in this Court by Bill of Middles. or Latitat and process thereupon, to arrest in trespass generally not mentioning the cause of action therein, and yet obliging the Defendants to put in good Bail to the Plaintiff's Suit, by marking the backs of such Writs or Process for good Bail, and giving the Sheriff notice to take good Bail to such a Sum whatever the nature and cause of action was, and by marking the Roll wherein such Writs and Process were entered for good Bail by drawing a Line under the Defendant's name, and writing over it, bon. Manucapt. and then the Attorney for the Defendant ought not to file a common Bail without searching such Rolls. But this hath been thought very inconvenient and unreasonable by a late Parliament, that Defendants should be obliged to put in Bail to the Sheriff to that of which they understood not any thing of the cause of action; which made it very difficult to such Defendants to procure Bail, especially if they happened to be arrested in places where they were strangers, and therefore ought the rather to be able to satisfy such Persons, as would be Bail for them, what the matter and cause of action was for; which in this way of proceed the Defendants never knew until they came at the return of such Writ or Process to put in good Bail above (as it is usually called) that is, before some Judge of this Court; and then received a Declaration: And if they did not put in good Bail, than such Bail-bonds as were given to the Sheriff for their appearance were forthwith put in suit, which mischief being seen and considered of, both in this Court, and in the Common-Pleas, was by the said Parliament remedied by an Act made in the thirteenth year of his now Majesty's Reign, cap. 2. at the second Meeting of that Parliament. The words of that Act (amongst other matters) are these, For remedy and prevention of which so great growing evils and mischiefs, and also for discouraging all frivolous and unjust Suits and causeless arrests for the future, Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the twelfth day of February, in the Year of our Lord, one thousand six hundred sixty and one, No Person or Persons, who shall happen to be arrested, by any Sheriff, Under-sheriff, Coroner, Steward or Bailiff of any Franchise or Liberty, or by any other Officer, Minister, Under-bayliff, or other Person or Persons whatsoever within this Realm, having or pretending to have authority or warrant in that behalf by force or colour of any Writ, Bill or Process issuing, or to be issuing out of his Majesty's said Courts of the King's-Bench and Common-Pleas, or either of them, in which said Writ, Bill or Process the Note the true cause of action is to be expressed particularly. certainty and true cause of action is not expressed particularly, and for which the Defendant or Defendants in such Writ, Bill or Process named, is, and are bailable by the Statute in that behalf made in the three and twentieth year of the Reign of the late King Henry the Sixth, shall be forced or compelled to give Security, or to enter into bond with Sureties for the appearances of such Person or Persons so arrested at the day and place in the said Writ, Bill or Process specified or contained in any penalty or sum of money exceeding the sum of forty pounds, of lawful money of England, to be conditioned for such appearances, and that all Sheriffs and other Officers and Ministers aforesaid, shall let to bail and deliver out of Prison, and from their and every of their custodies respectively, all and every Person and Persons whatsoever, by them or any of them arrested, upon any such Writ, Bill or Process, wherein the certainty and true cause of action is not particularly expressed upon security in the sum of forty pounds and no more, given for appearance of such Person or Persons so arrested, unto the said Sheriff or Officer aforesaid, according to the said Statute, in the said three and twentieth year of the Reign of the said late King Henry the Sixth, in that behalf made and provided. I have recited this part of the Act in his verbis, for that it may be of use to them that have not the Act at large, and that it may be seen how expressly and to a tittle it is fulfilled in the proceed by Original Writ; For it hath ever been the constant practice in such proceed, to express the true cause of action particularly in the Original Writ, and in every Writ of Capias alias and plur. thereupon to arrest, and also to what Sum the Plaintiff layeth his damage, that so the Defendant may procure Bail accordingly. And if it happen (as oftentimes it doth) that such Defendant either is not arrested or doth not appear upon any of the said Process taken out against him, but suffers himself to be so far proceeded against as to the Exigent; yet still that he may know what he is sued for, there is mention made at large of the express cause of action, both in the Writ of Exigent, and also in the Proclamation, directed to the Sheriff where it is known or supposed the Defendant doth inhabit, that so he may take care, either by himself or his Attorney, to appear thereunto, and thereby prevent, if he will, his being outlawed. By all which it appears, that the proceed in this Court by Original Writ heretofore, were, and now are, such as are altogether agreeable to the late Statute so made as aforesaid for setting out the particular cause of action in the Writ. That the Filizers of the said Court have Fifthly. not only made and entered on record, Writs and Process by original, but also entered Declarations, Imparlances, Issues, Judgements, and divers other proceed thereupon, and also have enrolled Indentures, and all this upon their Filizers Rolls. IF (as is said before) Records themselves will not with some be looked upon (as they have lately been a disputable evidence, especially when very ancient) it is not to be doubted, but that this assertion may be also very easily proved, and why they should be thought the rather to be so, because of their antiquity, no more reason can be given for it (that I know of) than that an Act of Parliament now in force and unrepealed, made two hundred years since, should have less power to command obedience to it, than one made but twenty years since; nay, certainly the antiquity of any proof should make it the better: And should you here have an account (as it is possible to be done, but with great trouble) of the several Entries that have been made by the Filizers of this Court upon their own Rolls (for so they are called for distinction sake only, to differ them from the Prothonotary or chief Clerks Rolls) for most truly and properly all the Rolls of this Court are the King's Rolls, or Rolls of the King's-Bench, and that for the space of two hundred years and upwards (omitting the times before that) it would but tyre your patience and swell this Volume to be ten times as big as ever it was intended to be. But as it is easy, Pede Herculis, to guests at the magnitude of his whole body, so by some few that shall here be set down, as plainly and as truly as they may be (that they may be repaired unto if occasion) you may guests at the multitude that might have been inserted, and therefore some few in each King and Queen's Reign within the time aforesaid, may be sufficient in all reason to prove this point. And now to begin with the Reign of Henry the Sixth, being, as is said before, the oldest Rolls that are in the upper Treasury of this Court, and so to bring it down (according to the search I have made, to these times. It appears in Paschae primo ejusdem Regis, In whose An. H. 6. time the Filizers Rolls were always filled first after the Rotulo primo, which hath usually been a richly guilded Roll with the King's Picture drawn in the first Letter of the word Placita, sitting, as it were, upon the Bench in Court, and it sets forth the Person before whom, the place were, and the time when the plead were held; To all which the chief Justice his name is put as a Witness, and then the Filizer's name that provided that Roll at the bottom of it; And this aught to be filled in every Term, it being a great ornament to the Rolls themselves; and 'tis a great neglect somewhere to be charged, that so many Rolls for some years past have been made up without it: Nay, all the other Rolls following are nonsensically titled, if such a Roll be not filled before them; For then follow the other Filizer's Rolls, and then after them the Prothonotary or chief Clerks Rolls, all with this Title upon them, Adhuc de Termino, etc. T. etc. whereas if this Rotulo primo be not filled, there is no Term at all appears unto which the Adhuc can have any relation. And somerimes in that King's Reign they have been filled promiscuously one among another, but still the Filizer's Rolls have been filled first. But to return to the proof (omitting the entering of Process or Writs upon originals, for that is allowed to be their due of all hands.) It appears in that Term (omitting also, for brevity sake, the names of the Plaintiffs and Defendants, and their Attorneys, and the nature of the Action) in rotulis, 6. 9 23. 44. 45. 58. 65. that several Filizers of several Counties, entered several Issues, and their names are upon the bottom of each Roll; and in Mich. 2. ejusdem the like, in rotulis 10. 14. 16. 18. And in the Reign of Edward the Fourth, in Mich. 4. ejusdem An. Ed. 4. Regis in Rotulis 18. 57 60. 68 the like Entries, and in Paschae 5. ejusdem Regis, the Rolls not being numbered, but the Filizers names at the bottom, there are several Issues entered; and as for the Reign of Edward the Fifth it being not An. Ed. 5. three months long, and the Reign of Richard the Third not three years long, An. R. 3. and very troublesome, they were in this search wholly omitted. In Hilary 2 Henrici 7. Rolls not numbered, several An. H. 7. An. H. 8. Issues entered; Mich. 3 Henrici 8. rotulis 43. 49. 54. the like both as to Issues and Judgements by nichil dicit, in Paschae 23. & 24. ejusdem Regis, the like in both; Paschae 24. & 25. ejusdem, and Paschaes 25. & 26. and Paschae 26. & 27. and Paschae 27. & 28. the like in all these Terms; Rolls not numbered, but are to be found filled at the beginning of each Term; and in Hilary 36. ejusdem Regis, rotulo 14. is the Entry of an Outlawry in an Appeal of Murder; and Paschae 37. an Issue, and Judgement after a Verdict. And in Hilary 1 & 2 of Edward the Sixth, rotulis An. Ed. 6. 2. 3. 12. & aliis rotulis the like Issues; in Trin. 7. ejusdem, rotulis 2. 8. 11. the like; usque rotulum 20. In Trin. 1 Mariae, rot. 10. 12. 13. 15. and divers An. Mariae. other Rolls the like. In Paschae 1. & 2. ejusdem, several Issues, Trin. prox. the like, Mich. prox rot. 6. 7. 8. and other Rolls not numbered, the like and Judgements; Hilary 1. & 2. the like, in rotulis 13. & 16. and in Mich. the 26 and 27 of Queen Elizabeth, rotulis An. Elizab. 1. 2. 4. 16. 18. 19 and others not numbered, there are two Appeals of Murder and one of Robbery, and several Issues and special Plead; In Mich. 36. & 37. the like as to Issues. In Paschae 44. rotulo 10. a Quare Impedit, between the Queen and the Bishop of Hereford. And in Paschae, 5 Jacobi, Roll not numbered, there is An. Jacobi. an Indenture entered, by Howard a Filizer upon his own Roll; in Trin. 7. an Issue, the Roll not numbered; in Hil. 9 Mich. 12. Hil. 12. Trin. 13. Hil. 13. the like Issues and Judgements by Nil dicit and Non sum informat. But all these Kings and Queens Reigns have not been gradually searched in every Year and Term, for it would have been too great a labour, but only some few, to show that there were no Times in which the Filizers did discontinue entering Issues and other Entries on their own Rolls, as hath been unjustly reported of them. But now, because the later Precedents may be thought the best proof (the former being looked upon by some persons it may be as obsolete by reason of their antiquity) these Years following of King James have been carefully and with great labour and pains searched in order year by year; It appears then in Paschae 15. ejusdem Regis, one Wythe, a Filizer enters an Appeal of Murder, and in Trin. 15. a Judgement by default, and a Writ of Enquiry of Damages awarded. Mich. 16. one Shaw a Filizer enters an Issue, wherein one Edmund Dennye, who was one of the Clerks to the then chief Clerk was Attorney for the Plaintiff, and afterwards was one of the Jury of Attorneys, that made the Presentment of the Fees, at the end of this Book: And in that Term also, Walker and Williamson, two Filizers do enter two appeals of Murder. In Hilary 16. the reversal of an Outlawry pro defectu Proclamationis, and divers Issues; Trin. 17. the like reversal of an Outlawry and divers Issues, one of them in Replevin, and Judgement thereupon by Percival a Filizer, and several Judgements by default; In one of which, one Tetlow was Attorney for the Plaintiff, and in another, one Tippet, and in others, one Harborn and one Bunce were Attorneys for the Defendants; all which four last Attorneys were four of them also that made the Presentment hereafter mentioned. In Mich. 17. nil dic. in cas. In Hilary 17. Scire facias, and Judgement in Replevin, and several Issues; In Paschaes 18. Special Plea and Issue thereupon, and nil dicit. in Replevin upon a Writ of Second deliverance; Trin. 18. several Issues and a Default, Mich. 18. three Defalts; Hil. 18. two Issues and two Defalts; Trin. 19 the like; Hil. 19 two nichil dicits and Writs of Enquiry awarded; Paschaes 20. Special Plea and Demurrer; Trin. 20. several Issues; Mich. prox. the like, and Hil. prox. one Dodd, a Filizer, enters a writ of Right, and other Filizers several other Entries, of Issues and Judgements in Trin. 21. Hil. prox. and Trin. 22. the like, Mich. 22. one Seaman a Filizer, enters the Reversal of an Outlawry for the insufficient return of an Exigent, and to wind up this King's Reign in Hil. prox. Edgar, Filizer of London, so soon as he was Sworn, enters an Issue wherein one William Jumper was Attorney for the Plaintiff, who was also one of those Attorneys that made the said presentment. And now we are come to the Reign of Charles the First of ever blessed Memory; and because some as I said before look upon the latest precedents to be the best evidence, I beg leave to be more prolix in this King's Reign than in the former, for these were all searched likewise gradually; Some Terms having no such Entries, I have here omitted. In Trin. 2. & Mich. prox. ejusdem Regis An. Car. Primi. there are divers Issues and Defalts entered, and also the Reversal of an Outlawry, In Paschae 3. the said Edgar enters four Issues in London, Hil. 3. & Paschae 4. the like by other Filizers, Trin. prox. several Issues and Judgements, and among them, the said Edgar enters an Issue by Bill after an Imparlance, Mich. 4. the like Issues and Judgements by others, and one Jumper aforesaid, Att. pro Quer. in one of them; nay in Hilary 4. the said Edgar enters other two Issues by Bill, (a thing which the now Filizers of this Court do not in the least pretend unto,) but it seems he thought it was as lawful and as much his right to enter by Bill, as it was for the than chief Clerk or Prothonotary to enter by Writ, and was then an occasion of very great difference between that Filizer on the behalf of all the other Filizers and the than chief Clerk or Prothonotary who had entered by Writ: And upon good ground it is believed that the presentment of the Fees hereafter mentioned did settle the matter between them, being (as is supposed) procured upon the Petition of the then Filizers to his then Majesty reciting the former narrative, who was thereupon pleased in a short time after to grant his Commission to inspect into all the Fees of all the Offices both in this Court and all other his Courts of Common-Law in England and Wales, and to settle the same, but after what manner the said difference was settled between the then Filizers and the than chief Clerk is not known, but it seems it was not so settled as to take away the right of the Filizers to enter Issues on their own Rolls, (as by some hath been most falsely affirmed) For that they did still continue on to enter by Writ, but not by Bill as may appear by Paschae 5. Issue in Ejectment, verdict and Judgement entered by Fisher, Filizer of , in Trin. 5. the aforesaid Edgar entered an Issue in London, and Clerk, Filizer of Norfolk entered two Issues, Hil. 5. Gasnold, Filizer of Suf. entered a cause against two Defendants wherein the one pleaded and the other suffered Judgement, Paschae 6. nil dic. in Ejectment by the said Edgar and an Issue wherein John Woodward a very able Clerk of the than chief Clerk, was Attorney for the Plaintiff, one very well known to some of that name now in this Court, and the said Clerk was the Filizer▪ this I mention more at large (and many other I might) to show that the Filizer did not enter it as he was Attorney in the cause himself, but for another Attorney, but if he had, I think it had argued no less a right in himself to enter, than if he had entered it for another Attorney, and a multitude of those former Entries I have already mentioned as well as those I am yet to set down, are made for other persons Attorneys for the Plaintiffs, as may appear by the Records themselves. In Trin. 6. divers Issues and Judgements, and Scir. fac. sur. Judic. in replevin. Mich. 6. Trin. 7. Mich. 7. the like, wherein Merefield the then Filizer of London enters an Issue, for one cream, (one of the Clerks of the than chief Clerk) Plaintiff, who did not certainly enter it with the Filizer to have his privilege allowed him, for that he might without doubt have had if he had entered it with his own Master the chief Clerk, but questionless he did enter it with the Filizer, for that he thought in his Judgement he ought so to do, the said Filizer having made out all the former process; and also in that Term the Filizer of Lincoln enters an Issue upon a special Plea, Verdict and Judgement, Hilary 7. the like by Merefield and others, Paschae 8. an Issue, Default, and a Demurrer in three several causes, Trin. Mich. and Hil. prox. the like, Paschae 9 the said Merefield enters an Issue wherein Hatton berner's was Attorney for the Plaintiff, and Clerk to the chief Clerk and another wherein the aforesaid Jumper is Attorney for the Plaintiff, who as is said before was one of those Attorneys that made the presentment, Trin. 9 several Filizers entered in all 22. Rolls, and in them 23 Issues, general and special; in some of which, Gilbert Eveleigh was Attorney for the Plaintiff, one that was heretofore well known unto the now Secondary, he being his Entering Clerk, and filled his Rolls for him as I am informed, Mich. 9 the like Hil. 9 several Filizers had 27 Rolls, entered several Issues and Judgements by default, and one Issue is in a Quare Impedit between Noy the Attorney General, and the Bishop of Lincoln, So that you see here the Filizers are not stinted to 20 Rolls, as now it is usual to leave so many for them, the chief Clerk's Rolls beginning commonly at 20, but they may go farther if their number of causes do require it. Paschae 10. Trin. and Mich. prox. several Issues, and Hil. prox. 13. Issues and Judgements by default, and in Trin. 11. and Mich. and Hilary next, the like, In Paschae 12. two Issues one wherein the aforesaid Merefield enters an Issue in London, wherein one George Brome was Attorney for the Plaintiff, who as I have been informed was soon after that Secondary of the Court, and certainly he well understood what he did, or else he was not fit to be in that place, who was to give directions to others in Trin. 12. Mich. and Hil. prox. Paschae 13. Trin. Mich. and Hilary prox. the like, in one of which, to wit in Hil. 12. the aforesaid John Woodward was Attorney for the Plaintiff, In Paschae 14. Rotulo 7. a replevin special. plita. Judicium sur. inde pro le avowant & breve de Inquir. agard & Rotulo 12. Williamson a Filizer enters an Appeal de mort. Trin. prox. six Rolls of Imparlances, Mich. and Hilary prox. several Issues entered by the said Merefield and one Summers then Filizer of Middlesex and other Filizers, and Imparlances and Judgements by default, and in some of those Issues, the Plaintiffs themselves were Clerks to the than chief Clerk, Paschae 15. the like, Trin. 15. the like in 14 several Issues and Judgements by default, and in one of the defalts upon which there is a Writ of Inquiry awarded, and Judgement thereupon, the aforesaid John Woodward was Attorney for the Plaintiff, and Woodward Senior Filizer, and there also one Rot a Filizer enters process in appeal de mort. Mich. and Hil. prox. the like as to Issues and Judgements by default, one wherein Harman Atwood one of the Clerks to the than chief Clerk, was Attorney for the Plaintiff, and as able a Clerk as any was in his time, in Paschae 16. Rotulo 19 the said Merefield enters as Filizer of London, an Issue in London in ejectment, inter Lloyd & Hide, verdict and Judgement, Cecil Attorney for the Plaintiff, and Antrobus (one of the Attorneys that made the said presentment) for the Defendant who afterwards brought a Writ of Error in Parliament, and the Judgement there affirmed, and the affirmetur entered also on the said Issue Roll, Trin. Mich. and Hil. the like as to Issues and defalts, Paschae 17. Trin. prox. the like, and in the last no less than 13, Issues and one default, in Mich. prox. the like, in Hil. prox. Rotulo 20. the said Merefield entered an Issue in't. Hunt one of the Clerks to the than chief Clerk, etc. Plaintiff and Brough Defendant, breve erroris super inde in Parliamento & Judicium affirmetur, entered also, The Filizers Rolls then reached there to number 24, Paschae 19 & Trin. prox. the like as to Issues and Judgements by nil dicit Hil. prox. Issue in Essex, and tried at the Bar and Judgement entered, Paschae 21. Trin. Mich. and Hil. prox. the like as to Issues and defalts, and in the aforesaid Trin. Term a Scire facias and Judgement upon it, Paschae 22. the said Merefield, Filizer entered a Judgement in case in London, inter Ingram and Inning Hewson Attorney pro Quer. and Gerg. pro Defendant, two very able Clerks unto the then chief Clerk, and breve de errore in Parliamento super inde & affirmetur, entered likewise, Trin. and Hil. prox. several Issues Paschae 23. Rotulo 19 the said Merefield entered an Issue in London inter Finch & Wallis, Hoddesdon Attorney pro Quer. who was afterwards Secondary of the Court, and certainly knew what he did, Trin. prox. and Trin. 24. the like as to Issues and defalts, in the last of which Rotulo 16. Wooddeson Filizer of Yorkshire enters two Issues, wherein one Henry Thompson was Attorney for the Plaintiffs, and one William Livesay for the Defendants, I cannot say it was the now Secondary, although I never heard of any other about that time of that name, but I presume it was not he, because I believe he would have informed the Attorney for the Plaintiff that he ought not have entered it on the Filizer's Roll, and in Mich. and Hil. 24. divers Issues and defalts. And now having passed through the Reign of that glorious Martyr, let us see what was done and practised in this case in the troublesome times of War, Anarchy and Confusion when all things were in disorder and turned upside down. It appears that in Trin. 1649. and Hil. following, there were An. Dom. 1649. the like Issues and defalts entered, In Paschae 1651. Rotulo 19 the same Merefield, enters a default for one Holworthy, Plaintiff who was one of the Clerks to the than chief Clerk, this was the Term in which the Law suffered so great a change as to have all the proceed of it in English, yet than it suffered no mutation as to the entering with the Filizer, so in Trin. Term following, Ironmonger, Filizer of Bedfordshire, entered two Issues, wherein one Blincoe was Attorney for the Plaintiffs, he was one of the Clerks of the than chief Clerk, and kept the Files of Writs in the then Kings-Bench-Office. In Hil. 1651. Rotulo 19 T. Stone a Filizer enrolls an Indenture inter Whittle and Whittle, and the Filizer of Essex likewise an Issue in ejectione firmae, inter Wilks and Hil. Brickwood Attorney for the Plaintiff, and William Livesay for the Defendant, whether this was the now Secondary of the Court or not I know not. Trin. 1652. the like, inter Garret and Parker, An. Baker Attorney for the Plaintiff, a very able Clerk, and one of the Clerks to the now chief Clerk, and is yet living, and in Hil. prox. Rotulo 16. the aforesaid Wooddeson entered a Judgement in replevin with return. habend. & a Cap. in Withernam, In Paschae 1655. Rotulo 18. an Issue and Rotulo 19 another Indenture enrolled, In Hil. next, Rotulo 12. F. Gregg, Filizer of Derbyshire (and at the same time one of the Clerks to the now chief Clerk) enters special plead in replevin, non pros. super inde cum return. habend. Paschae 1656. Roll 17. another Indenture Hilary 1656, Rolls, 7. 8. 9 10. 11. several Issues, and a default, Paschae 1657. and Trin. following the like, Paschae 1658. Rotulo 19 the said Merefield entered an Issue, wherein John Brewster was Attorney for the Plaintiff, and now living, and a Clerk to the now chief Clerk, and one Cox for the Defendant, it was in London; Non assumpsit inter Hardman and Hayes, Trin. & Mich. prox. the like, Hil. 1658. several Issues, one that the said Merefield entered for one Peter Naylor Attorney for the Plaintiff, and Clerk then to the then and now chief Clerk, as able and knowing a man in Clerkship as any of his time, fit to have made a Secondary of, and after the Plea, a relicta verificatione signed by the then Secondary, Trin. 1659. Roll 12. 13. 14. an Issue and two Indentures, Mich. prox. Roll. 13. 14. 15. three Indentures entered. And now we are come to the times of the happy restauration of his now most Sacred Majesty, let us see therefore what hath been the practice lately for these twenty years and upwards last passed. It appears in Mich. 12. Caroli Secundi Rotulo 19 that an Indenture is there by Stone the Filizer entered, Paschae 14. Rotulo 18. Summer's Ann. Car. Secundi. Filizer of Middlesex enters a special Imparlance for Thomas Jekill, Attorney for the Plaintiff and late Secondary of this Court, Paschae 21. another Filizer enters the like, Hil. 21. & 22. another Indenture, Paschae 23. Rotulo 16. Judicium in replevin, cum return. habend. averia elongat. & Cap. in Withernam agard, Hil. 25. & 26. Rotulis 18. & 19 default in case, Scire facias super Vtlagar, and an Indenture, Trin. 26. Rotulo 19 Paschae 28. Rotulo 19 Hil. 28. & 29. three several Indentures in each Term one, Mich. 29. Rotulo 19 Nihil dicit in casu, Hil. 29. & 30. Rotulo 19 an Issue, Paschae 30. Rotulo 18. & 19 an Issue & default. Hil. 29. & 30. Rotulo 19 an Issue, In Paschae 30. Rotulo 18. & 19 an Issue and default, Hilary 30. & 31. Rotulis 10. 18. 19 another Indenture, nihil dicit & non assumpsit, Mich. 32. Rotulo 17. breve erroris sur. Judicium in regno Hiberniae & Judicium affirmetur intrat. & Rotulis 18. & 19 two Indentures, Paschae 33. Rotulo 19 another Indenture, Trin. 33. Rotulis 18 & 19 several Issues and Judgements, Mich. 33. Rotulis 18. 19 20. two Indentures and a Distring. awarded against a Peer, Hil. 33 & 34. Rotulis 12. 13. 14. 15. 16. several Issues and defalts, and Rotulis 17 & 19 two Indentures, Paschae 34. Rotulo 18. an Issue, Trin. 34. Rotulis 18 & 19 an Issue and a default, and in Mich. 34. Rotulis 18 & 19 the like, and in Hil. 34 & 35. Rotulis 12. 13. 14. 15. 16. 17. 18 & 19 the like as to Issues and defalts, together also with two Indentures. And now I do hearty beg the Reader's pardon, that I have tired his patience with so many particular proofs in this nature, and truly I would not have done it but have saved myself and him much labour herein, but that it lay upon me to make out this matter; In which he may remember there are several Appeals of Murder, Robery, and Mayhm said to be entered, which puts me now also in mind of appealing to him, and not to him only, but unto all that shall read this Treatise, whether they think the Filizers of this Court have not had a right to enter Issues and other proceed grounded upon Original Writs, if so, when, where and how did they lose it? was it either by Act of Parliament, or by any other due course of Law? and he that can tell me this, erit mihi magnus Apollo. And thus much (if not too much) I hope may suffice, to prove that the Filizers have a right to enter Issues brought by Original Writ, and other proceed thereupon on their own Rolls as Filizers. Some directions in the way of practice by Sixthly. Original Writ in this Court. AND first, to proceed either to the arrest or to the Outlawry, you may remember it hath been said before, that this Court proceeds in its practice three several ways; that is to say, by Original Writ, by Bill, and by attachment of Privilege; and in that by Writ, this Court hath not used to proceed in some sort of Actions, that is to say, Debt, Detinue, Account and Covenant; but in all other personal Actions it doth. And as is elsewhere said, The Original Writ issueth out of the High-court of Chancery, to obtain which, the Attorney for the Plaintiff must first consider the nature of his Client's cause of action, and then draw up a praecipe (as it is commonly called) of the whole matter in the nature of a Count or Declaration, and therein he must be sure to set forth the Defendants true Christian Name and Surname, together with the Addition both of his Degree and Mystery as to his Profession and the place where conversant; for if his Addition be omitted, all the Proceed are void by the Statute of Additions made in primo Henrici Quinti, cap. 5. by which it is ordained and established, That in every Original Writ of Actions Personals, Appeals and Indictments, and in which the Exigent shall be awarded, in the names of the Defendants in such Writs Original, Appeals and Indictments, Additions shall be made of their Estate or Degree, or Mystery, and of the Towns, or Hamlets or Places and Counties of the which they were or be, or in which they be or were conversant; And if by process upon the said Original Writs, Appeals or Indictments, in the which the said Additions be omitted, any Utlagaries be pronounced, that they be void, frustrate, and holden for none; And that before the Utlagaries pronounced, the said Writs and Indictments shall be abated by the exception of the Party, wherein the same, the said Additions be omitted, Provided always that though the said Writs of Additions Personals be not according to the Records and Deeds by the surplusage of the Additions aforesaid, that for that cause they be not abated. And that the Clerks of the Chancery, under whose names such Writs shall go forth written, shall not leave out, or make omission of the said Additions as is aforesaid, upon pain to be punished, and to make a Fine to the King by the Discretion of the Chancellor. These are the very words of the Statute; So that you see hereby, that (debile fundamentum fallit opus) which ought to be the Attorny's care to prevent, and he must also take care to draw up his Praecipe so in substance as he will stand to it; for after the Original is sealed, there is no altering of it, without new sealing it again, and if it be in Trespass, the form is thus; Si A. B. fec. etc. tunc 'pon. C. D. nuper London, vel, Middlesex. de, etc. gen. de placito quare vi & armis Clm. & Doum. (si in London) Clm. (si in Middl.) ipsius A. apud, etc. fregit, Et alia enormia ei intulit ad In Tusgr. grave dampnum ipsius A. & contra pacem nostram, etc. Ret. in banco Regis, à die Paschoe in 15 dies ubicunque, etc. E. F. Att. pro Quer. Si, etc. ut antea, usque de placito quare Middlesex. vi & armis in ipsum A. apud, etc. insult. fec. & ipsum verberavit, vulneravit In tusgr. & insult. & maletractavit, Ita quod de vita ejus desperabatur, Et alia, etc. ut antea; Ret. ut antea. Idem Att. Si, etc. ut antea usque de placito quare Middlesex. vi & armis unum Mesuag. & viginti acras terrae cum pertin. in L. que G. H. praefat. In ejectione firmae. A. B. dimisit ad Terminum, qui nondum praeteriit intravit & ipsum à firma sua praed. ejecit, & alia enormia, etc. ad grave dampnum, etc. Et contra pacem nostram, etc. Ret. ut antea. Idem Att. Si, etc. ut antea, usque de placito quare London ss. In tusgr. sup. casum. cum, etc. & sic recite le tout cause del action usque ad dampnum ipsius A. B. Centum Librar. ut dicit, etc. Ret. ut antea. Idem Att. Note, that upon such Originals as are in Case, where the Damages do exceed Forty pounds, there is a certain Fine due for the same to be paid to the King; which is always received by the Cursitor, as follows, that is to say, li. s. d. From 40 li. to 100 Marks 00 06 08 The King's Majesty's Fines upon Original Writs. From 100 Marks to 100 li. 00 10 00 From 100 to 200 Marks 00 13 04 From 133 li. 06 s. 8 d. to 166 li. 13 s. 04 d. 00 16 08 From 166 li. 13 s. 04 d. to 200 li. 01 00 00 And for every 100 Marks more 00 06 08 And for every 100 li. more 00 10 00 The Original Writ is the Warrant for the suing out of the Capias, and the return of the Original is usually the Teste of the Capias, except the return be upon the Essoin-day before any Term, and then the Capias is Teste the first day of that Term; because it cannot be Teste out of Term (although in Law to some purposes the Term is begun on the Essoin-day.) And the common course is now (to regain time) as it is used in the High-court of Chancery, to take out a Subpoena first, and then after to bring in the Bill. So here to take out the Capias first, and bespeak your Praecipe, and sue out the Original afterwards, although it be supposed in Law to be sued out before; for that the Original cannot be so speedily sued out at all times in the vacation time, but only when the public Seals are open in Chancery, except you will get a private Seal, which you may have, for indeed the High-court of Chancery is said to be Officina Justitioe semper aperta, and therefore if there be a Praecipe, as it is before called, left with the Cursitor, and the Original made by that Praecipe, and sealed before the return of the Capias, it hath usually been taken to be good enough to warrant such Capias; and if such Praecipe be delivered in to the Cursitor within the first week of any Term, he will (if desired) make the Original returnable the first return of the precedent Term, but take care to lay it so as the cause of action may arise before the date of it. And when the Original is sealed, the Sheriff of the County where the Action is laid must return it thus; Pleg. de pros. Johannes Do. Richardus Roose. Infra nominat. C. D. nichil habet in balliva mea per quod attach. potest: Respons. E. F. Ar. Vic. And the return of the Capias must be always fifteen days or more after the return of the Original, and so it must be likewise in all the other Process, between the Test and return of each Writ; and this in all Proceed as well to the Outlawry as to the Arrest upon the Capias, except in one return only, of in Cro. Animar. in every Michaelmas Term; which is made good by the Statute of 17 Car. primi, Cap. 6. Which saith, That all Writs and Process in personal Actions hereafter to be made out of any of his Majesty's Courts at Westminster, and having day from tres Mich. until Cro. Animar. shall be good and effectual in Law, notwithstanding there be not fifteen days betwixt the said quarto die of the said tres Septimanas sancti Mich. and the days of Essoin of Cro. Animar. any Law, Statute, or usage to the contrary heretofore notwithstanding; And if the Action be laid in one County, and the Defendant live in another, upon a non est inventus returned by the Sheriff of that County upon the Capias, the Filizer thereof will make you out a Testat. Capias into any other County, and if you proceed to the Outlawry, the Capias alias & plur. must be thus returned; Infra nominat. C. D. non est inventus in balliva mea; Respons. E. F. Ar. Vic. For the drawing of which Praecipe to the Cursitor, the Plaintiff's Attorney, as in other Cases, takes 4 d. per sheet, and after the Plur. is so returned, he must carry it to the Filizer, and he will make out an Exigent and Proclamation, and then deliver them to the respective Sheriffs; and at the time they are returnable, (being both of one teste and return, as the Statute requires) he must call for the returns of them; and if there be not Hustings in London, or County Court-days in the Country enough between the teste and return of the Exigent, as sometimes it may happen; Then he must carry the Exigent unto the Filizer, and he will make out a writ of Allocat. for the remaining Hustings or County-Court days, and if upon the return day of it, or upon the Exigent that went before it, or upon any special Capias to arrest, or any other Writ, the Defendant do appear; then the Plaintiffs Attorney declares, and for drawing his Declaration, he taketh of his Client, 8 d. per sheet, and maketh a Copy thereof, and delivereth the same to the Attorney for the Defendant, who payeth him 4 d. per sheet for such Copy, and the same Term he declareth in, he calleth for a Plea, after that he hath given rules for answer (which have usually heretofore been given by the Filizer of that County where the action is laid) and then draweth up his Issue either general or special, and maketh up the Paper-Book himself (it being by Original) and be it either Issue or Demurrer, he delivers a Copy of it to the Defendant's Attorney, and taketh of him 4 d. the sheet for the same, and if an Issue, he giveth notice of Trial, (as in other cases by Bill) than he taketh out from the said Filizer a Venire facias, Distring. Jur. and Subpoena, and then sealeth the Record of Nisi prius with the Custos brevium, if it be not in Middlesex, if so, then with the Lord Chief Justice, and some time before the day in Bank, which is always the Essoin-day of the next Term after any Assizes if the action lie in the Country, or if in London or Middlesex, then before the next Essoin-day after the Trial, he bringeth the Issue to the said Filizer to be entered upon his Rolls, and in the aforesaid Venire facias and Distring. there need not to be 15 days (as in other process before Issue joined) between the Teste and return of each Writ, and this appears by the Statute before mentioned made in the 13th. year of his now Majestye's Reign; The words of which Statute (amongst other matters) are these. And whereas very many Suits commenced by Original Writs, have been protracted and long delayed from Judgement and Execution, by reason of the necessity of having fifteen days at the least, between the days of the Teste, and the days of Return of Writs now used in personal Actions, and also in Actions of Ejectione firmoe, for Lands and Tenements; For remedy thereof, and for the more easy expediting Trials, and the better and more speedy executing of Judgements for the time to come, Be it farther enacted by the Authority aforesaid, That in all Actions of Debt, and all other personal Actions whatsoever, and also in all Actions of Ejectione firmoe, for Lands or Tenements, now depending, or which at any time hereafter shall be depending by Original Writ in either of his Majesty's Courts aforesaid; after This Court of King's-Bench being before mentioned in this Statute. any Issue therein joined to be tried by a Jury, and also after any Judgement had or obtained, or to be had or obtained in either of the Courts aforesaid, there shall not need to be fifteen days between the Teste-day, and the day of Return of any Writ or Writs of Venire facias, habeas Corpora Jurator. or distring. Jurator. Writs of Fieri facias, or Writs of Capias ad satisfaciend. and that the want of fifteen days between the Teste-day and the day of Return of any such Writ, shall not be, nor shall be assigned, taken or adjudged to be any matter or cause of Error, any Law, Custom, Statute, Course or Usage to the contrary thereof in anywise notwithstanding; Provided nevertheless, that this A Proviso not to extend to a Capias and Exigent thereupon after Judgement, or to a Capias ad satisf. to make the Bail liable. Act, nor any thing therein contained, shall not extend or be construed to extend to any Writ of Capias, whereon a Writ of Exigent after Judgement is to be awarded, nor to Capias ad satisfaciend. against the Defendant, in order to make any Bail liable, but that the same continue, and be as if this Act had never been made. But to return to our former matter, when the Attorney for the Plaintiff hath obtained a verdict, and given rules, and signed his Judgement, he than entereth it up to the Filizer's Issueroll as aforesaid, and taketh for his Fees the like Fees as by Bill; But if the Defendant appear not at all, but suffer himself to be returned outlawed upon the Exigent or Allocat, than he bringeth the Exigent to the Filizer that made it out, or else he fileth such Exigent himself with the Custos brevium of this Court; and then getteth a Certificate from him that it is filled, and bringeth it unto the Filizer, and then he will make him out either a general or special Capias utlagat. And this is all at present that may be thought necessary in this matter by way of direction; Only this, let him take notice, that Hilary Term is not so convenient a Term to begin to sue to the Outlawry in as other Terms are, for the Defendant will not be outlawed then under four Terms, although the Action be laid in London, because of the short vacation that is between Easter and Trinity Term, and in any other he will in three, if the Original be returnable the first return of the Term. Also to observe in his Writs (if he make them himself and carry them to the Filizer to be signed) that as a man is always said to be utlagat. outlawed; So a Woman is always said to be Waviat. waved, that is to say, derelicta, left out or not regarded, because Women are not by the Law obliged to be sworn in Leets to the King as Men are. And now, for the testes and returns of his Process, he is hereby referred to a Modus return. brevium, placed toward the end of this Book. And farther let him observe, that if in an action of the Case, where the cause of action is at large set out, the damage be laid in the Writ of Capias, to arrest to Ten pounds, or above, his Client ought to have good Bail (but not so, if the Defendant appear upon the Exigent or Allocat. although it be laid 500 li. damage.) And if such Action be laid in London, the Defendant will be sooner outlawed in respect of the Hustings there, than in any County; for that they are held in less time than the County Courts are holden in; for there must be five Hustings returned upon the Exigents in London, and five County Court days in the Counties; at which the Defendant hath been called, and hath not appeared. Also how to appear for the Defendant, either upon Arrest, or upon the Exigent, or upon the reversal of the Outlawry. AS to the appearing upon the Arrest Appearance upon arrest. (if special Bail be required) it must be thus; The Defendants Attorney must come to the Filizer, where the Action is laid, and enter his special appearance, that is by giving in a note to him of the Bail, who they are, and where they live, and then the Filizer will go with him before some Judge of this Court, and put in the Bail before him, and then the Defendant's Attorney must give in a note of the Bail, and before what Judge put in, unto the Plaintiff's Attorney; and if he accepts of the Bail, he puts his hand to the Bail-piece that he doth so, and then he fileth it with the Custos brevium of this Court, and if the Plaintiff's Attorney excepteth against the Bail, the Defendant must get his Bail to justify themselves before the Judge, and yet if after that the Plaintiff is not satisfied with the Bail, the Defendant must either put in other Bail, or else justify the same upon oath in the Termtime in Court; and then the Plaintiff is bound to accept them. And as to the Appearance to the Exigent. appearing on the Exigent there (as is said before) no Bail is to be given, but only the Defendant is to enter his appearance with the Filizer per Attorn. suum, and then taking from him a Supersedeas, Quia improvide, suggesting such appearance in the Writ, which Writ he must deliver to the Sheriff. And as to the appearing upon the reversal Appearance after reversal. of the Outlawry, it is thus. The first thing the Defendants Attorney must do, is, to come to the Filizer of the City or County where the Action is laid, and know of him when the Plur. Capias was returnable, and then search the Filizer's Rolls of that Term, and there he will find the Capias alias and plur. Exigent and Proclamation awarded, together with the return of the Exigent to the Quinto exact. upon which the Defendant stands outlawed; of all which he must take a Copy from the Roll, and then come to the said Filizer to enter upon the said Roll by way of averment, a defect in the proceed, either against the Statute of the one and thirtieth year of Queen Elizabeth, for want of a Proclamation, or otherwise as the case may require; and then he prepareth his Bail-piece ready, and bringeth the Bail into Court, together with the Defendant, and then causeth the bundle or file of Writs of Proclamations to be brought into Court, and by motion of Counsel at the Bar, alleging the want of a Proclamation; and upon due search of the said File by the Secondary of the Court, and none appearing to the Court to be filled, the Outlawry is reversed by the Court, which is always pronounced by the Seniour Judge of the Court, if he be present, if not, by the next; which reversal, together with the names of such Bail who undertook that the Defendant shall appear to a new Original Writ to be brought by the Plaintiff within two Terms against the Defendant, and to satisfy the Condemnation, if he shall be convicted, is all to be entered by the said Filizer up to the Process of Outlawry before entered, for entering of which the Filizer's Fees are 4 d. the sheet. And the Court of Common-Pleas have used to make such Entries as may appear by certain Orders Vide Praxis utriusque Banci, fol. 108. in't. alia. of that Court, made in the second year of Charles the First; The words (amongst others) are these, And it is farther ordered, that all Reversals hereafter made shall be entered upon the same Roll where the Exigent is awarded, being the most proper and fittest place for the safety and quiet of all Persons outlawed, and their Executours to find the said Reversal in future times, and not upon other Terms and Rolls as is now used; Which also, by the several Precedents of Entries of Reversals , may appear to have been anciently the practice of this Court. And in these and the like Cases, the Defendants do in the Common-Pleas appear by Attorney; But in this Court the Defendant is obliged to appear in person with his Bail (except this Court upon motion give leave to the Defendant to reverse per Attornatum.) The reason may be presumed to be this, because upon all Outlawries in Criminal Causes in this Court, the Defendants have been heretofore, and now are obliged to appear in person to answer the contempts of the Law to the King, and thereby they were immediately taken into custody for such contempts, or otherwise disposed of at the discretion of the Court; and in every civil Cause likewise it is a great contempt indeed of the Law, for the Defendant not to appear after so many several Writs as go out against him before he is outlawed. But yet a late Parliament thought the appearing in person so great a grievance to the Subject, that it did receive a debate in the House of Commons upon a Bill then brought in, but no Act passed thereupon for want of time, as is presumed, and whether hereafter it may not be a matter fit to be farther debated, I shall leave to the wisdom of the great Council of this Nation when assembled in Parliament. But to return, it may be such Defendant hath been obliged to appear in person out of that high respect that ought to be given to the grandeur of this Court (the King himself, as before is said, being supposed sitting there.) And to be outlawed formerly in the Reign of King Alfred (and until a good while after the Conquest) for Felony, as my Lord Coke hath it in his First Institutes, Cap. Villeinage, Sect. 197. fol. 128. b. was very dangerous; for such Persons might have been put to death by any man, as well as a Wolf, that hateful Beast, might; For utlagatus & waviata Capita gerunt Lupina. But than saith he, no Man could have been outlawed, but for Felony; But you may see there how this Inhumanity was restrained and altered in the Reign of Edward the Third. And now our Laws are made more tender of life, though it be of such great Malefactors, that so they may be punished or discharged by the hand of the Law only, which nulli facit injuriam; And although than none could be outlawed, but for Felony, yet, as he saith there, that afterwards in Bracton's time, and somewhat before, Process of Outlawry was ordained to lie in all Actions that were Quare vi & armis, which Bracton calls Delicta, for there the King shall have a Fine; But since, saith he, by divers Statutes (speaking in general of such Proceed, and not of any Court in particular) Process of Outlawry doth lie in Account, Debt, Detinue, Annuity, Covenant; Action sur le Statute de 5 Rich. 2. Action sur le Case, and in divers other Common or Civil Actions. But to go on, he saith farther in his Chapter of continual Claim, Sect. 437. That there may be other Causes of reversal, besides the want of a Proclamation, and that by plea for matters apparent, as in respect of a Supersedeas variance, or other matter apparent in the Record; And yet in these Cases (saith he) some hold, That in another Term, the Defendant is driven to his Writ of Error: And farther, if the Defendant be arrested by a Capias utlagat. he ought not to be discharged out of custody without a Supersedeas for the same, as appears by the last mentioned Statute of the 13. of the now King, (the like certainly is requisite in case where his Goods or Chattels are taken) or else, if he be taken, and would reverse the Outlawry, than he may have a Habeas corpus to bring him into Court to reverse such Outlawry; But if all the Process to the Outlawry be well returned, entered and filled, then there is no way to reverse the same but by Writ of Error, which comes in the next place to be handled. How to reverse an Outlawry by Writ of Error. IT hath been a received Opinion that no Writ of Error lies returnable in this Court upon any Action brought by Original Writ in this Court, but that it must be returnable in the High-court of Parliament; but certainly that must be intended where Judgement is had and obtained upon such Action, for every Writ of Error supposes a Judgement of the Court given, for the words in every such Writ are (Si Judicium inde reddit. sit) but in this case, where it is no Judgement of the Court, but of the Coroners of the County against the Defendant for his contempt, in not appearing upon the Exigent that he be outlawed, there this Court hath a power to reverse that Judgement within themselves by a Writ of Error which may be called a Writ of Error coram nob. residen. and this appears by the Register of Writs, folio 133. Title-errour in these words, Rex, etc. Dilect. & fidelib. suis F. P. Milit. Capital. Justice. nostro & Sociis suis Justiciariis nostris ad placita in Cur. nostra coram nob. tenend. assign. Salutem, Quia in recordo & processu ac etiam in promulgatione utlagariae in T. S. nuper de K. in Com. H. Yeoman in London, nuper promulgat. & coram nobis ut dicitur retornat. Error intervenit manifestus ad grave dampnum ipsius, T. sicut ex querela sua accepimus. Nos error. si quis fuerit modo debito corrigi & eidem, T. plenam & celerem Justitiam fieri volentes in hac parte vobis mandamus, Quod si utlagaria praedicta coram nobis retornat. existit, tunc visis recordo & processu utlagariae praed. & vocat. coram vobis quos in hac parte fore videritis evocand. ulterius pro adnullatione utlagariae praedictae fieri facias quod de jure & secundum legem & consuetud. Regni nostri Angliae fuerit faciend. T. etc. But this Writ of Error is not to be made by the Filizer although inserted here, but (as all others) doth belong to the Cursitor to make, the which, together with the Return thereof, and all the Process of Outlawry thereupon must be entered on the Filizer's Rolls of that County where the Action lies, and Bail must also be given as in other cases of reversal. And indeed were it that such Writ of Error could not be brought returnable in this Court but in Parliament (considering their intervals) what great prejudice would arise thereby to such Defendants against whom all Writs and Process are duly returned and filled, which the Attorney for the Plaintiff may do if he think it fit; though it is usual to forbear filing of the Proclamation, thereby to let the Defendant come in (if he will) to reverse the Outlawry for want of a Proclamation, by motion in Court, as before is set forth, and so may appear to the Action. And this short account may suffice as to this matter, it being but very seldom used to file all the Process, whereby to put the Defendant to bring a Writ of Error to reverse such Outlawry. How to proceed to the Outlawry after Judgement. IT hath been made a Question, whether such Process could lie in this Court or not; and the reason alleged hath been, for that after a Recovery of a Judgement had and obtained (although upon an Action brought by Original Writ) such recovery is a Debt; and no Action will lie for this, it being grounded upon matter of Record but an Action of Debt; in which Action this Court hath not used to proceed by Original Writ. But in answer thereunto, in this Case the Plaintiff doth not bring his Action, but only as it were pursues the having of his Execution; to which end the Attorney for the Plaintiff is to take out from the Filizer a Capias ad satisfaciendum directed to the Sheriff of that County where the Action is laid, and upon a non est inventus returned and filled, the Filizer of that County will make out an Exigent. post Capias; and as is said before in the said Statute of the thirteenth year of his now Majesty's Reign (which hath made a provision there for the proceed in such Cases) that there must be fifteen days between the Teste and Return of such Cap. So that if there were nothing else to prove it but the words of that Statute that were sufficient in itself. But it may easily be farther proved that several Filizers of this Court have made out the same for several Attorneys; It appears by the late Filizer of London's Books, that in 9 Car. primi, he made out one for one Barnard an Attorney, and the like in the same year for one Woodward an Attorney; and in the year 1651. the like for one Walpole an Attorney; and in the year 1662. the like for one Marshal an Attorney; all Attorneys of this Court, and the now Filizer of Yorkshire hath done the like; and also the now Filizer of London hath done the like, and that not only upon Judgements recovered upon Actions brought by Original Writ, but also upon Judgements affirmed upon Writs of Error brought upon Judgements given in inferior Courts, in Actions of the Case, and the like Actions that are usually brought in this Court by Original Writ. And this Proceeding being very rare and seldom that it runs to so far a Line, a few Precedents in this nature must serve the turn, and may be sufficient to prove that it is at the Election of the Plaintiff if he pleaseth to proceed as well to the Outlawry after Judgement, whereby the Defendant is again warned as it were to come in and pay the Plaintiff his damages recovered, as to bring any action of Debt upon the said Judgement. Somewhat concerning Imparlances upon Suits brought by Original Writ. IT is to be presumed the course of this Court in this particular is not altered since the year of our Lord, 1654. wherein in Michaelmas Term in that year this Court made several Orders and Rules, and published them in Print under the hands of the then Judges to wit Henry Rolls, Richard Ask and Richard Newdigate, and among them these following. For as much as some inconveniences do some times happen to the Plaintiffs by entering their Declarations in special Actions, It is therefore ordered, that the Plaintiff in such special actions shall have liberty to enter Imparlances the next Term following, entering the same of the first Term with an Incipitur as it hath been usual, and that all other Imparlances be duly entered before any Issues, Demurrers or Judgements thereupon be entered. That if a Defendant appear the first Term, and give no rules to declare, the Defendants Attorney may the second Term be compelled to accept a Declaration with an Imparlance, and the Declaration may be entered as of that Term with an Imparlance over to the next Term, or in the first Term with an Incipitur as before as the case shall require. That if the Plaintiff declare not the second Term, though the Defendant give no Rules, yet a Nonsuit may be entered at the end of the second Term upon a continuance over by him, by dies datus, but not the third Term or after. Upon a mere real action, an Imparlance to be of course. That in Ejectment or any personal Action, if the appearance be the first return of Hilary or Trinity-Term no Imparlance without consent or special rule, In causes (other than London or Middlesex) if the appearance be before Crastin. Martini or Mensem Paschae, no Imparlance without consent or special rule, but if upon or after those returns an Imparlance of course. In London or Middlesex if the appearance be before Chrastin. Ascensionis Domini, or before the last return of any other Term no Imparlance without consent or special rule, but the Defendant to plead as of that Term within 14 days after the end of the Term upon rule given to answer, but if of Crastin. Ascensionis or the last return then an Imparlance of course. If a Writ be returnable Quinque Paschae, or the last return of any Term, the Defendant giving rules and calling for a Declaration, if it be not delivered four days before the Essoin-day of the ensuing Term or more, a Nonsuit to be entered; And likewise in the Court of Common-Pleas by their Orders made and printed in the year of our Lord, 1672. If the Defendant appears upon an Arrest upon a Clausum fregit (which is a general Writ, and may be said to be the Common-Pleas Latitat) he must have an Imparlance of course, but if the Writ whereupon he was arrested be special according to the truth of the action, and returnable the first or second return in any Term, so as a venire facias may issue forth, there the Defendant ought to answer the first Term in all personal and mixed actions, but in real actions the Defendant shall have one Imparlance of course. So that it appears by this order of the Common-Pleas, that the true reason of the Defendant's having an Imparlance is grounded upon his not knowing by such a general Writ, what he is arrested for; But here it may be objected, that there will not at any time need such an Imparlance in this Court, because (as is said before) it hath been always the constant course of this Court to set forth the true cause of action in the Capias or such like Writs, that so the Defendants may know what they are to appear to, In answer of which (not denying but agreeing wholly with what is objected) it was the opinion of a very learned Judge of this Court lately deceased, and who was also formerly a Judge in the Common-Pleas, and so did very well understand the practice of both Courts, (when an Attorney for a Defendant by Summons appeared before him,) did order that Attorney to take a Declaration in an action of the case by Original Writ, although his Client had been sued to the Exigent but in trespass only, and his reason was that the only end that the Plaintiff had to sue the Defendant to the Exigent was but in order to make him appear to his suit, and now that he had appeared it was but reason he should take a Declaration in any other personal action by Original, that this Court could hold Plea of. And for the Entering of these Imparlances (as it is in the Common-Pleas) so it is in this Court, there are Imparlance Rolls on which the Declaration and Imparlance are entered, and Issue rolls on which the said Declaration and Issue are entered, and if the Imparlance roll be right, and the Issue roll be wrong, the Imparlance roll is the Warrant to amend the Issue roll by, but if both happen to be wrong, than they are to be amended by the Original Writ itself, which is the ground of all the subsequent proceed. How to plead an Outlawry, either in abatement or bar of any Action. THe first thing you are to do, is to come to the Filizer where the action is laid, and search with him in his Exigent Book to see if such person (as you look after) be Outlawed, if so, then to bespeak of him a general Capias Vtlagat. then seal it and affix it to your Plea, for if it be pleaded in disability of the person it must be pleaded as my Lord Coke saith * First Institutes. fol. 128. b. forthwith sub pede Sigilli, (unless the Record be in the same Court,) But if it be pleaded in Bar, and it be denied, there must be a day given to bring it in, and if a man be Outlawed at the suit of any one man, all men shall take advantage of this personal disability. If a Defendant plead an Outlawry in the Plaintiff in disability of his person, and the Plaintiff after that purchase a Charter of Pardon, the Defendant shall answer because the Charter hath restored the Plaintiff to the Law; So note the disability abateth not the Writ, but disinableth the Plaintiff until he obtaineth a Charter of Pardon or reverseth the Outlawry some other way, If the ground or cause of the action be forfeited by the Outlawry as my Lord Coke saith in the place before mentioned then may the Outlawry be pleaded in Bar of the action, as in an action of Debt detinue, etc. (but these as is said before this Court hath not used to hold plea of by original Writ) and why it hath not, I know no reason but the custom of the Court, for the Statute of the 25. of Edward the 3. Cap. 17. The title of which Statute is thus, Process of Exigent shall be awarded in Debt, Detinue and Replevin saith in general (speaking of no particular Court of Common-Law) in these words. Item it is accorded, that such process shall be made in a Writ of Debt and Detinue of Chattels, and taking of Beasts by Writ of Capias, and by process of Exigend by the Sheriff's return, as is used in a Writ of account, Which (as by the Statute of the 52. of Henry the 3. Cap. 23. appears) was against Bailiffs of Lords, by attachment of their Bodies, so here after the Exigent returned it is by Capias Vtlagat. But in real actions or in personal where Damages be incertain (as in Trespass of Battery, of Goods, of breaking his Close and the like) and are not forfeited by the Outlawry, there the Outlawry must be pleaded in disability of the person. And in the aforementioned Orders and Rules of this Court, among others it is ordered in this case, that in the pleading of an Outlawry the mean process be not repeated, but the Exigent and Outlawry joined to the commencing of the suit; The Court then being very tender and careful of putting the Subject to any unnecessary charge made the Pleading to be as short as possibly it could. And thus much may suffice as to this manner of Pleading. Where Suits by Original Writ ought to be laid, and when the Visne may be altered. AS to this matter it lieth wholly in the breast of the Court upon motion in what cases to permit the changing or alteration of the Visne, but generally the same is never granted but upon some Affidavit, and by the former Orders and Rules of this Court before recited, It is ordered, that actions upon the Case, Trespass for Goods, Assault or Imprisonment, arising in any English County, be laid in their proper Counties, unless they arise where the Justices of Nisi prius seldom come, and because Trespass and Trover for Goods, Battery, Imprisonment and Slander must needs be notorious in what County they arise the Attorney knowingly laying them out of their proper Counties, unless in the cases before expressed, or for such other causes as shall be allowed by the Judges of the Court and duly made to be true, to be severely punished. That although the Declaration be delivered seven days before the last day of the next preceding Term or after, yet before Plea, upon Oath made the visne may be changed upon motion in the said Transitory actions the next Term after, and the Defendant to plead to the new action, as he should have done in the other without delay. That the visne may be changed upon Oath before, though the Defendant come in by Exigent. And in Styles his practical Register, fol. 533. it is said that in Transitory actions, the Plaintiff after the Essoin-day of the subsequent Term after the appearance shall not alter his own visne though he would pay Costs or give Imparlance, which seems to imply that he may do it the same Term of the appearance with leave of the Court upon motion as aforesaid; But this being a discretionary act of the Court, little else shall be said, but left to the pleasure of the Judges of this Court, who never do it, without they see some necessary reason for it. How to proceed so, as to have a special Capias Utlagat. together with the Inquisition thereupon taken, sent into the Exchequer, and to get a Lease from the King of the Defendants Lands. THe way of this proceeding in this Court is much different from that in the Court of Common-Pleas, For there the Attorney for the Plaintiff bringing in the special Capias Vtlagat. with the Inquisition thereupon taken annexed, into the Outlawry Office of that Court and delivering thereof to the Clerk of the Outlawries there, the said Clerk forthwith maketh a Transcript of the Writ, Return and Inquisition, in a large Exemplifying Character, and setteth his own name to the bottom of it, and then he delivereth it to the Attorney for the Plaintiff who carrieth it into the Exchequer; But in this Court, the practice is, and long hath been, to go a farther way about, and what the reason is for it, is not well known, but conjectured to be, either that of the Grandeur of this Court (as is said before) or else to punish the Defendant the more for adventuring to run so high a contempt against the King his Crown and Dignity as not to appear in this Court after so many several Process against him, but to suffer himself to be Outlawed, and this to be by a pecuniary punishment arising by the charges of getting a Lease of his Lands from the King, which must all come out of his Estate at the last; but not to detain you any longer, the way is thus, The Attorney for the Plaintiff must bring the special Capias Vtlagat. and Inquisition annexed into that Filizer's Office who made it out, for he (as is said before) is Clerk of the Outlawries as well as Filizer, and he will make you a Transcript of the Writ, Return and Inquisition, as is before said the Clerk of the Outlawries doth in the Common-Pleas; Then the said Attorney taketh back the same together with the said Transcript, and then fileth the Writ and Inquisition with the Custos brevium of this Court, and then goeth to the Cursitor of the County where the Lands lie, mentioned in the said Inquisition; and he maketh him a Writ of Certiorari to certify the said Writ, Return and Inquisition so filled as aforesaid into the high Court of Chancery, which Certiorari he carrieth to the said Custos brevium who alloweth the same with the Lord Chief Justice of this Court, and then the Attorney delivereth the said Transcript to the Custos brevium who affixeth it to the Certiorari, and then the Custos brevium sealeth up the same and delivereth it to the Attorney under Seal, who carrieth it forthwith into the Petty-Bag-Office belonging to the said high Court of Chancery, where it is filled of Record, Out of which Office, the same is sent by a Writ of Mittimus into the Court of Exchequer, into the King's Remembrancers-Office there, where it is likewise filled of Record, after which the said Attorney for the Plaintiff, retaineth one of the Attorneys of that Office, who will prosecute the matter so in that Court as to gain a Lease from the King to be granted to the Plaintiff, who shall thereby hold the Lands demised for the Term therein mentioned, that is to say, for so long time as the same shall remain in the King's hands; And if after the Outlawry shall be pardoned or reversed by due course of Law, and the Defendant thereby restored to all that he hath lost by that Outlawry, than the Attorney for the Defendant applying himself to one of the said Attorneys of the King's Remembrancer's Office aforesaid, and making the same appear, he will get the King's Hands taken off the Estate, either by sueing out a Writ of Amoveas Manus, or by Petition or motion in Court, or otherwise, according to the custom used in that Court. Somewhat concerning the drawing of Declarations by Original Writ. IT hath been formerly the practice both of this Court, and the Court of Common-Pleas, to repeat the cause of Action twice in the Declaration; that is to say, to the Writ, and to the Count, as may appear both by Rastal's and Coke's Books of Entries; but it is now in some sort of Actions left off in the Common-Pleas, and in this Court also, by the former orders mentioned among others it was ordered, For avoiding of long and unnecessary repetitions of the Original Writ in Actions upon the Case, and Personal Actions upon Penal Statutes, That Declarations in Actions of Trespass upon the Case, or personal Actions of any general Statute, namely Hue and Cry, Monopolies, or for a Suit in the Admiralty, and such like, other than Debt, repeat not the Original Writ but only the nature of the Action, viz. A. B. was attached to answer C. D. in a Plea of Trespass upon the Case, or in a Plea of Trespass and Contempt against the form of the Statute; and that for the avoiding of the Common Bar and new Assignment, the Declaration upon an Original Quare clausum fregit, may mention the place certainly, and so prevent the use and necessity of it. But by these Orders it doth not appear (none but long Actions being therein mentioned) that Trespass, and Trespass and Assault, and Trespass and Ejectment, being very short Declarations are included therein, but left to be declared in as formerly, both as to the Writ and Count, and so to be laid twice as heretofore hath been used in this Court. The manner of removing Actions or Plaints out of Inferior Courts into this Court, and after that how to proceed in them. AS to removing of Causes by Writs of Error, Certior. Habeas Corpus, or the like, I shall pass them over as being matters very well known by most Practisers in this Court, and shall only say somewhat of removing Plaints out of such Inferior Courts, as County Courts, or Sheriffs Courts, and Court Barons, or Manor Courts, but more especially of County Courts, and in them touching Plaints in Replevin there entered, and sued without Writ out of the Chancery, as it is said in Fitz. Nat. brevium, fol. 170. if the Plaintiff or Defendant will remove such Plaints, he ought to sue a Writ of Recordare out of the Chancery, directed unto the Sheriff of that County, in whose Court the Plaint is entered, vide the Writ itself there at large, which I here for brevity omit; whereby it appeareth, that the Plaintiff may remove such Plaint by such Writ of Recordare, without any cause shown in the Writ; but the Defendant cannot without showing cause for it in the Writ. And the like he must do in a Writ of Pone, which removes such Plaints, if such Replevin be sued by Writ out of the Chancery, and both these Writs may be returnable in this Court; and in the Natura brevium aforesaid you may find several Causes that may be inserted on the behalf of the Defendant; and when such Cause or Plaint in Replevin is removed either by the Plaintiff or Defendant, for in Replevin they are as it were both Plaintiffs in this Court; the Defendant must enter his appearance with the Filizer of that County, out of which the Plaint is removed, and give a rule with him for the Plaintiff to declare; and if the Plaintiff doth not declare by the time limited in that rule, against the Defendant, or if he do declare, and the Defendant avoweth or maketh Cognizance, and upon the Issue tried, or by default in the Plaintiff, the Judgement be for the Defendant or Avowant, than the Attorney for such Defendant may have in such case from the said Filizer a Writ of Return. habend. and Writ of Enquiry for damages, and upon the Sheriffs return of this Writ, quod averia elongat. than the said Filizer will make a Capias in Withernam to take other Cattle of the Plaintiff's, and if the Sheriff upon that doth return, that the Plaintiff hath no Cattle that he can take in Withernam, than the Filizer will make you a Capias against the Plaintiff's Body; and so proceed to Outlawry. And if the Plaintiff do declare that the Defendant yet hath and doth detain the Cattle, etc. and the Defendant appears, and afterwards makes default, the Plaintiff shall have Judgement to recover all in damages, as well the value of the Cattle, as his damages for taking of them, and his Costs; and to that end, the Attorney for the Plaintiff may have a Writ of Enquiry of damages from the said Filizer, the same proceed in case it be in a Replevin for any dead Chattels, etc. And if a Replevin be sued by Plaint in the Court of any other Lord than in the County Court before the Sheriff, as in the Court Barons or Manor Courts, there it shall be also removed by a Writ of Accedas ad Cur. and the proceed therein the same as before is said: And if the Sheriff in any case return a tarde, there may be an alias and pluries had, and if a Replevin be within any Liberty or Franchise, and the Sheriff return upon the Writ of Replevin (if it be by Writ) that he hath commanded the Bailiff of the Franchise, who hath given him no answer, or that the Bailiff will make no deliverance, than the Plaintiff may have a Non omittas to the Sheriff, commanding him to enter into the said Liberty or Franchise, and make the return, and if the Sheriff do it not, than the Plaintiff may have an alias and plur. non omittas, and so a plur. ad infinitum, etc. But if the Sheriff do not return the plur. replevin abovementioned, than the Plaintiff may have an Attachment against the Sheriff, directed to the Coroners of the said County: Vide the Statute de Ann. 17 Car. Secundi nunc Regis, etc. Cap. 7. made for a more speedy and effectual proceeding upon Distresses and Avowries for Rents; in which you will find some former proceed in Replevin much altered by that Statute. Some Reasons impartially offered, to show how it hath come to pass, that the Practice in this Court by Original Writ hath decreased, and that by Bill increased; and what hath occasioned some Entries of Issues, and other proceed to be made, as well on the Chief Clerk's Rolls, as on the Filizer 's Rolls. THE first and greatest cause or reason (as is imagined) of the increase of the one, and the decrease of the other hath been, and now is, from the settled residence of the Kings of England at their Palace of Westminster, in the County of Middlesex, for in that County where they have resided, it hath always heretofore been used in such Actions as were not proceeded in by Original Writ, to take out a Bill or Precept rather (and more properly) directed to the Sheriff of that County, to take the Defendant to bring him before the King at a certain day after a certain Return in the Term, and then that Office of the Bills of Middlesex was an Office of great profit, although but small Fees belonging to it, by reason of the great number of them that were then taken out; and upon a non est inventus returned, there went out a Testatum (which hath since that time gained the name of a Latitat) into any other Foreign English County; and this was grounded upon a Plaint brought before the King himself at Westminster; and that it was so heretofore, may appear by several Files of them now remaining in the former upper Treasury belonging to this Court; a Copy of such Plaint and Precept I shall here set down as followeth; viz. Philippus Byrd queritur de Johanne Middles. ss. Bateman de eo quod ipse decimo die Junii Annis Regnorum Domini Philippi & Dominae Mariae Regis & Reginae nunc primo & The Plaint. secundo vi & armis, videlicet gladiis, etc. Clausum ipsius Philippi apud Hendon in Com. predict. fregit & intravit, Et alia enormia ei intulit ad dampnum ipsius Philippi Centum Solidorum & contra pacem dicti Domini Regis & dictae Dominae Reginae nunc, etc. Pleg. de pros. Johannes Do. Richardus Roose. On the back of which Bill or Plaint, it is thus written, Ca ' r. Jovis post 18. sancti Martini. Precept. est Vic. quod attach. Johannem Middles. ss. The Precept. Bateman, Ita quod sit coram Domino Rege & Domina Regina apud Westm. die Jovis prox. post 18. sancti Martini ad respondend. Philippo Byrd de placito transgr. Et habeas ibi tunc hoc precept. per. Bill. Covered. On the back of which Precept, it is thus returned, Def. infra nominat. nichil habet in balliva nostra per quod possit attach. Respons. Thomae Leigh & Johannis Machell, Vic. Afterwards the Latitat followed (as now it is called) but then rather styled a Testatum into any other County, and I find it differs not at all from the now present Latitat, but only in a few words in the latter part of this Sentence following (and although few yet very remarkable) Super quo in Cur. nostra coram nobis testat. existit quod pred. A. B. latitat & discurrit in Com. tuo mala quam plurima ibidem perpetrand. as may appear by the Files of Latitats there remaining; by which you see, that both the Plaint and Precept thereupon do suggest a tort or wrong by a Trespass done to the Plaintiff, although possibly that was not the true cause of Action, and afterwards suggesting in the Latitat a malefeasance, by the Defendant perpetrated in another County; and these Plaints and Precepts thereupon were so numerous then, and the advantage of receiving and filing of them of so great moment, that they have been formerly and are now likewise always excepted out of the grant to the Custos brevium of this Court by the Lord Chief Justice thereof (as reserved to himself) amongst other things therein excepted, in these words, (except. factur. Record. de Nisi prius in Com. Middlesex & Transcript. & certification. super brev. errorum & reception. & filation. de lez Queriturs & attachiament. in eadem Cur. & conservat. Record. de Attinct. cum Feod. ad inde pertinen') as may appear by several such grants now remaining upon Record in this Court; and then always such Bill or Precept went out first into that County of Middlesex, where the King was then resident, to take the Defendant, if he might be found therein to answer the Plaintiff in such Plaint, before there went a Testatum into any other County; and that which was then really done, as to the taking out of such Bill or Precept of Middlesex, is now only suggested in every Latitat; So that when former Kings at any time have adjourned the Terms to any remote place in any other County, upon any necessitous occasion, as the Plague, or the like, (as they have often done) there hath always been a Bill or Precept taken out in that County to arrest any Defendant if within that County, and if not, than one always suggested in any Testatum or Latitat into another County; and so it was (no doubt) when the Term was adjourned to Reading in Berkshire, in the first year of the Reign of Charles the First; and so it was likewise (to my own knowledge) when the Term of Saint Michael, Anno Dom. 1665. was adjourned by our now Sovereign Lord the King unto Oxford, by reason of the great Plague that then was raging both in the Cities of London and Westminster, and the Suburbs thereof: For then there was a Bill or Precept of Oxford, to take any Defendant there. Secondly, Another reason may be drawn from the constant practice and course of this Court for many years (as is elsewhere said) to suppose every Defendant that is sued by Bill in this Court to be in Custod. Mareschalli of this Court, who really is not; whereby to entitle the Court to a jurisdiction of the Cause, and whereas the proceed by Original Writ are, by Capias, Pone or Distring. and the like, in order to make the Defendant appear before the King in this Court; the proceed by Bill suppose him to have appeared, and that he is in actual custody of the Marshal of the marshalsea of this Court, which if every such Defendant so were, the now Prison of the said Marshal would not contain them, no not if it were ten times as big as it is. Thirdly, Another reason may be this, because sometimes it happens, that the Attorneys for the Plaintiffs have not had sufficient instructions from their Clients how to draw their Precipes to the Cursitor, not knowing the true cause of Action; and therefore for want of that, have taken out a Latitat de placito transgr. upon which the Plaintiff might have declared formerly in any Action, until of late (as is before said) it was enacted, that a Defendant should not be held to bail, except the true cause of Action were particularly expressed in the Writ; since which time, there is inserted in the Latitat, not only add respondend. the Plaintiff de placito transgr. but also ac etiam billae ipsius Quer. versus ipsum Def. pro Centum libris de debito secundum consuetud. Cur. nostrae coram nobis exhibend. Or thus, pro non performation. promise. & assumption, ipsius Defenden. ad dampnum ipsius Quer. Centum Librar. secundum consuetud. etc. and so to vary in the ac etiam according to the nature of the Action; and this being found formerly, and also now at this day likewise, to be a more easy and quick way to arrest the Defendant (because it requires not so full a setting forth of the cause of Action in the Writ of Latitat, as in Writ of Capias, to arrest by Original) it hath gained ground in this Court. And as to that other matter, how it hath come to pass, that some Entries of Issues, and other Proceed have been made, as well on the Chief Clerk's Rolls, as on the Filizer 's Rolls, and this since the practice hath been so much by Bill; the reason of it may be this. FOR that the Clerks to the former chief Clerks of this Court, for many years past, have been permitted to practise as Attorneys (who very anciently, as is conceived, did not.) For the Reader is desired to take notice (as is elsewhere before said) that there are three sorts of Persons that now have privilege allowed them in this Court as Practisers. That is to say; First, The Filizers of this Court, styled (as before) Clerks of our Sovereign Lord the King, assigned to enrol Pleas, etc. that is to say, by Original Writ only, they made out all Process thereupon, and entered them, and all Issues joined thereupon, and practised as Attorneys, as the Presentment hereafter mentioned sets forth. Secondly, The Clerks of the Office, or Clerks to the chief Clerk of our Sovereign Lord the King assigned to enrol Pleas, etc. that is to say, by Bill only; and these Clerks had Seats in the Ancient King's-Bench Office in the Temple, which was burnt in the late dreadful Fire of London. The said Office itself was of so great and large an extent, and the Seats so many in it, that it looked more like a Church than an Office, and incited Strangers to offer up their Devotions there, when at first they came into it; it was as long, taking in some small rooms at each end of it (which served for the Secondary, for the Clerk of the Rules, for the Clerk of the Declarations, and the Clerk of the Doggets) as Westminster Hall is broad (which saith Speed in his Chronicle, fol. 446. Sect. 31. is 74 foot of Assize) with a proportionable breadth, containing from end to end four rows of Seats, much like the now Six Clerks Office, and there did these Clerks to the chief Clerk anciently sit, and were therefore called sitting, entering Clerks, although of late they have lost that name, and at this day they are called, for distinction sake, by one of those expressions, to wit, Entering Clerks; and anciently did only enter for the Attorneys of the Court upon their Masters the then chief Clerk's Rolls, all manner of Declarations, special Plead, and Issues by Bill only, and Judgements, Demurrers, Defalts, Confessions, and all other Proceed relating thereunto, but did not themselves practise as Attorneys. Thirdly, The Attorneys of the Court, commonly called, for distinction sake, Attorneys at large, for that they belonged to no certain Office, but were as it were at large in their practice, and lived in the several Counties of this Kingdom, and had always correspondency, and still have, with one of the said Clerks of the chief Clerk, to sue out, and send them down their Writs; and to enter their Issue-rolls for them as aforesaid, and these Attorneys were the only men of business heretofore: And such Entering Clerks as aforesaid, each Prothonotary in the Court of Common-Pleas formerly had, and now hath, belonging to his Office, who (as I have lately been informed by a very ancient Clerk, to one of the Prothonotaries in that Court lately deceased) did only heretofore enter for others, and did not practise for themselves as Attorneys; and that it was so used also in that Court, according to his Information, may appear by the Orders of that Court made in the eighth year of the Reign of Charles the First The words (among other Orders) are these, That the Offices of Entring-clerk, and Attorney should be distinct, and not promiscuously used by one Person; and that no Clerk of a Prothonotary's Office should hereafter prosecute and defend as an Attorney of that Court any personal Action whatsoever, upon pein to be suspended and punished by the Court. This Order among others is printed in Praxis utriusque Banci, folio 133. and I do believe remains now hung up in the Common-Pleas Treasury, together with divers former Orders made for entering Appearances and Issues with the Filizers of that Court (although, it is true as to the Issues, they do not so now) which I here for brevity sake omit, and only cite this to show that the Filizers there did enter such Issues, as appears by Orders made there in Michaelmas Term, in the fifteenth and sixteenth years of the Reign of Queen Elizabeth; printed likewise in the said Book, folio 59 and likewise remaining in the said Treasury; and by some agreement heretofore and since that time made between the Filizers and the Prothonotaries, the Prothonotaries now have the Entries of all Issues; but it is impossible to show any such agreement between the Filizers of this Court, and any former chief Clerk or Clerks; for if it had been so, how comes it to pass that they have continued for above 200 years past until now (as hath been before evidently proved) to enter Issues upon their own Rolls? Nay, I have seen a Copy of a Petition which was presented unto Queen Elizabeth by John Rooper and Thomas Rooper (than chief Clerks or Prothonotaries of this Court) about the latter end of Her Majesty's Reign, humbly beseeching Her Majesty not to grant away any part of their Office as chief Clerks unto one Knyvet, who was then begging of Her Majesty, the making or marking of the Latitat, and Bills of Middlesex, and filing of the Declarations in this Court: To which Petition there was annexed several Reasons, laid down by the said chief Clerks, for which they humbly hoped Her Majesty would stay the passing of any such Grant; and among the said Reasons (as their own concession) this was one, That the Filizers of this Court have used to have the Entries of all general Issues in Actions brought by Original Writ in this Court; the Copy of the said Petition and Reasons was heretofore found in the hands of one William Man, Esquire, then Secondary of this Court; whom I find also was in the fifth year of the Reign of King James, Filizer of Kent, and the City of Canterbury in this Court, as may appear by his Admission entered in Michaelmas Term, in the year aforesaid, Roll 393. Whereby it appears that the said Court then thought fit to appoint a Filizer to be Secondary of the Court. And although the chief Clerks (as is said before) have heretofore entered some, yet that doth not determine any thing of a right in them so to have done; for it is not wonder at all, that like as Fishes in the Sea, the great ones devour the less, so the great Officers (especially backed with interest) the lesser: And all this (as is conceived) hath been occasioned thus, when that heretofore for fear that other Courts of Common Law should outstrip this in practice, all the three sorts of Persons were permitted to practise as Attorneys promiscuously one among another; then (and not before) was it that all right Entries were brought out of order, and drawn out of their true and ancient channel, and then it came to pass that Entries of Issues by Original Writ were so frequently entered on the chief Clerks Rolls by Attorneys that were then Clerks to such chief Clerks, for that they were obliged to bring as much Grist to their Master's Mill as they could; so that what Entries have been so made by such Clerks, were made out of respect to their said Masters, and not ex debito, and it may be sometimes also for fear of displeasing the then Secondaries of the Court; for if otherwise, then were twenty nine able Clerks and Attorneys mistaken at least, (not to say perjured, for nil nisi bonum de mortuis) who made the Presentment upon oath of the Fees placed toward the end of this Book. And now after all that hath been said as to this matter, I would not be misapprehended by being thought hereby to endeavour to lessen the practice of this Court by Bill, and to advance that by Writ, or to detract any thing from the Clerks of the Office as they are Attorneys (for whom I have a very great respect, and do verily believe they will not be hereafter guilty of making misentries, as the former Clerks have done, mentioned in the Preface to this Book.) And I do hearty wish well to the Court in both the ways of practice, and that the Suitors or Clients therein may do as they shall be advised by their learned Council, or careful and able Attorneys, and take their Elections which way to proceed either by Writ or Bill; what I have now said being by way of argument only and no otherwise (to prove how it hath come to pass that some Entries of Issues by Original Writ have been made on the chief Clerks Rolls) and may possibly carry a probability of reason in it; It is a Court in which I have had my Education, and therefore am obliged to desire the prosperity of it, which I do not in the least doubt of but it will enjoy, under the wise and prudent management of the practice thereof in both cases by Writ and by Bill, by the now most Reverend and Learned Judges sitting therein, unto whose great and profound Wisdom, I do most humbly submit whatsoever I have said in this small Treatise, having designed nothing herein but for a common good, (although I doubt I have displeased some by so doing) being importuned thereunto by divers Practisers of this Court. Some Precedents, of frequent use, both of Writs and the Entries thereupon, and also Declarations, Imparlances, Issues, Judgements and Defalts, and other proceed in actions brought by Original Writ, and entered by the Filizers. ANd First, To begin with such Writs in which you proceed to the Outlawry, wherein your Capias alias & plur. may be made short, not reciting the cause of action at large. Carolus, etc. Vic. L. Salutem, Praecipimus Le Capias. vobis quod capiat. A. B. nuper de, etc. in Com. etc. gen. si invent. fuerit in balliva vestra & eum salvo custod. Ita quod habeat' Corpus ejus coram nobis à Die, etc. Vbicunque tunc fuerimus in Anglia ad respondend. C. D. de placito Transgr. super Casum. Et habeat' ibi hoc breve. T. etc. E. F. Att. Vic. L. Salutem, Praecipimus vobis Le Alias. sicut alias vobis praeceperimus quod capiat. etc. ut antea usque finem brevis del Cap. Vic. L. Salutem, Praecipimus vobis sicut Le Plur. plur. vobis praeceperimus quod capiat. etc. ut antea usque Finem brevis delalias Cap. Vic. L. Salutem, Praecipimus vobis Le Exigent. quod Exigi faciat. A. B. nuper de, etc. in Com. etc. gen. de Hust. in Hust. quousque secundum legem & consuetud. hujus regni nostri Angliae utlagetur. si non comparuerit & comparuerit tunc eum capiat. & salvo custod. faciat. Ita quod habeat' Corpus ejus coram nobis à die, etc. ubicunque tunc fuerimus in Anglia ad respondend. C. D. de placito quare cum, etc. Ut in le original usque ad Dampnum ipsius C. D Centum Librar. ut dicit. Et unde vosipsi nobis manned. à die, etc. (Le return. deal plur.) ult. preterite. quod predict. A. B. non est inventus in balliva vestra. Et habeat' ibi hoc breve. T. etc. Vic. M. Salutem, Cum vic. nostris L. Le Foreign Proclamatio. per breve nostrum nuper praecepimus quod exigi facerent. A. B. nuper de, etc. in Com. etc. Gen. de Hust. in Hust. quousque secundum legem & consuetud. hujus regni nostri Angliae utlagaret' si non comparuisset. Et si comparuisset tunc eum caperent & salvo custod. facerent, Ita quod haberent Corpus ejus coram nobis à die, etc. (idem return. cum le exigent.) ubicunque tunc fuissemus in Anglia, ad respond. C. D. de placito quare cum, etc. (ut in le exigent) usque ad dampnum ipsius C. D. Centum librar. ut dicit, Ideo Tibi praecipimus quod per Statut. Anno regni Domini Elizabethae nuper Reginae Angliae Tricesimo primo inde provis' proclamari fac. prefat. A. B. tribus seperalibus diebus secundum formam Statuti illius unde una Proclamation' predictar. fiat ad vel prope maximum usual. Ostium Ecclesiae parochial. ubi est inhabitans quod se reddat prefat. vic. nostris London, Ita quod habeant Corpus ejus coram nobis ad prefat. Terminum ad respondend. prefat. C. D. de predicto placito. Et habeas, etc. Teste cum le Exigent. If the Proclamation be not Foreign but into London as the Exigent was, then say, Eum vobis, etc. as in the Supersedeas following, and Ideo vobis praecipimus quod per Statut' etc. usque quod se reddat vobis, Ita quod habeat' Corpus, etc. Et habeat' etc. Vic. L. Salutem, Praecipimus vobis Le Allocatus. quod allocat. ill. quatuor * Si in Com. Quatuor. Com. Hust. ad quos A. B. nuper de, etc. in Com. etc. gen. exact. fuit & non comparuit prout. † Tu ipse. vosipsi nobis à die, etc. (le return. deal Exigent) ult. preterite. manned. ipsum A. B. ad prox. Hust. vestrum London ulterius exigi fac. quousque secundum legem & consuetud. hujus regni nostri Angliae utlagetur si non comparuerit, etc. ut in le Exigent, usque ut dicit. Et habeat' etc. Teste, le return. deal Exigent si soit in Term, Si non, le quarto de post. Vic. L. Salutem, Cum vobis per breve Le Supersed. quia improvide. nostrum nuper praeceperimus quod exigi faceretis A. B. nuper de, etc. in Com. etc. gen. de Hust. in Hust. etc. ut in le breife de Exigent, usque ut dicit, Quia tamen ante emanationem pred. brevis nostri de exigend. proed. A. B. per E. F. Attorn. suum comparuit in eadem Cur. nostra coram nobis & quam plur. se obtulit ad respondend' praefat. C. D. de praedicto placito, Sic que breve nostrum praed. inde versus eundem A. B. minus rite emanavit, Ideo vobis praecipimus quod de ulterius exigend' praed. A. B. utlagand. capiend' seu ipsum in aliquo modo molestand. occasione illa omnino supersedeat. T. etc. Sur le Teste jour del Exigent, ou ascun temps devant le return. de ceo. Vic. M. Salutem, Praecipimus tibi Le general. Cap. utlagat. quod non omittas propter aliquam libertat. Com. tui quin capias A. B. nuper de, etc. utlagat. in London die Lunae (le quinto exact.) Anno regni nostri, etc. (vel ult. praeterit.) ad sect. C. D. de placito, etc. si invent fuerit in balliva tua & eum salvo custod. Ita quod habeas Corpus ejus coram nobis à die, etc. ubicunque tunc fuerimus in Anglia ad fac. & rec. quod Cur. nostra coram nobis consideravit in hac parte. Et habeas, etc. Si in London, (propter aliquam Libertat. Com. Civitat. vestrae quin, etc.) Vic. M. Salutem, ut antea usque Com. Le special. Cap. utlagat. tui quin per Sacr' probor. & legalium hominum de eodum Com. tuo diligent. inquir. quae bona & catalla terras & tenementa A. B. nuper de, etc. in Com. tuo gen. habet seu habuit, etc. (Ut in le gen. Capias utlagat. usque de placito, etc.) prout Vic. nostri London nobis apud Westm. ad certum diem jam praeterit. manned. Et ill' pereor' Sacr' extendi & appreciari fac. juxta verum valor' eorundem. Et ea quae per Inquisitionem illam inveneris in mannus nostras capias & salvo custod. fac. Ita quod de vero valour & exit. eorundem nobis respond. Et illis sit extent. & apperciat. quid inde fac. scire fac. nobis in, etc. ubicunque tunc fuerimus in Anglia distinct. & aperte sub Sigillo tuo & Sigillis eor' per quor. Sacr' extent. & apperciation' ill' fac. Ac pro eo quod idem A. B. sic utlagat. latit. & discurr. in Com. tuo in nostri contempt. & Coronae nostrae prejudicio ut accepimus Tibi praecipimus quod praed. A. B. ubicunque in balliva tua tam infra libertat. quam extra inveniri contigerit capias & eum salvo custod. Ita quod habeas Corpus ejus coram nobis ad praefat. Terminum ubicunque, etc. ad fac. & rec' quoth Cur. nostra coram nobis consideraverit in hoc parte. Et habeas, etc. London ss. C. D. per Attorn. suum obtulit Intration. special. Process de se quarto Die versus A. B. nuper de, etc. in Com. etc. gen. de placito quare Cap. alias & plur. Exigen. & Proclam. & utlagaria reversat. Superinde. cum, etc. & sic recite le tout breife de Cap. usque ut dicit. Et ipse non ven. Ideo sicut alias precept. fuit vic. quod caperent eum, etc. Et vic. modo manned. quod non est inventus, etc. Ideo sicut plur. capiatur quod sit coram Domino Rege in Crastin. Animar. etc. ubicunque, etc. Ad quem diem coram Domino Rege apud Westm. ven. praed. C. D. per Attorn. suum praed. Et obtulit se quarto die versus praefat. A. B. de praedicto placito. Et ipse non. ven. Ideo sicut plur. precept. fuit vic. quod caperent eum, etc. Et vic. modo manned. quod non est inventus, etc. Ideo precept. est vic. quod Exigi fac. eum de Hust. in Hust. quousque, etc. utlagetur si non, etc. Et si, etc. tunc eum capiant, etc. Et salvo, etc. Ita quod habeant Corpus ejus coram Domino Rege in Octab. Pur. etc. ubicunque etc. ad respondend. praefat. C. D. de praedicto placito Precept. est etiam vic. M. quod per Statut. in hujusmodi casuedit. & provis' proclamar' fac. pred. A. B. tribus seperalibus diebus secundum formam Statuti illius quod se reddat praefat. vic. London. Ita quod habeant Corpus ejus coram Domino Rege ad praefat. Terminum ad respondend. praefat. C. D. de praed. placito. Et Sciendum est quod breve Domini Regis inde Sexto die N. isto eodem Termino deliberate ' Le Teste de le Exigent. de Recordo Deputat. vic. L. praed. in forma juris exequend. etc. Ad quas quidem Octab. Pur. etc. coram eodem Domino Rege apud Westm. ven. praed. C. D. per Attorn. suum praed. Et vic. L. videlicet S. S. & T. P. retornaver' quod ad Hust. de placito terrae tent' in Guild-hall Civit' London. die Lunae prox' post Festum, etc. Anno, etc. praed. A. B. primo exact' fuit & non comparuit, Et ad Hust' (& sic recite les tout retorn' usque le quinto exact. fuit) & non comparuit, Ideo ipse idem A. B. utlagat' est, Posteaque scilicet à die Paschae, etc. extunc prox' sequen' coram eodem Domino Rege apud Westm. ven. praed' A. B. in propria persona sua, Et seipsum prisonae Marr' Cur' Domini Regis hic coram ipso Rege occasione utlagariae praed' reddat & statim dicit quod nullum breve dicti Domini Allegation quod null. brief. de proclam. emanat. fuit. Regis de Proclamatione secundum formam Statut' de Anno tricescimo primo Elizabethae nuper Reginae Angliae in hujusmodi cusu edit' & provis' versus ipsum A. B. in placito praed. emanavit, per quod utlagaria praedicta versus ipsum A. in forma praedicta promulgat' & habit' per Statut' praed. vacua & nullius vigoris neque effectus in lege existit. Et hoc parat' est verificare unde pet' Judicium & quod utlagaria praedicta versus ipsum A. in forma praed. promulgat' & habit' revocetur, adnulletur & penitus pro nullo habeatur Ac quod ipse ad omnia quae occasione utlagariae praed. amisit restituatur Et praed. A. secundum formam Statuti in hujusmodi casu edit' & provis' invenit sufficient' Manucaptor' videlicet B. F. de, Le bail. etc. Et W. M. de, etc. Et modo hic ad hunc diem ven' Manucaptor' praed. & uterque eorum pro seipso cognovit seipsum debere praefat' C. D. Quadragint' Libras seperatim, Quae quidem seperal. Summae quadragint' Librar' concedunt, & uterque eorum per se concedit de eorum & utriusque eorum terris & Catallis fieri, & ad usum praed. C. D. levari sub Conditione quod praed. A. B. comparebit & praefat' C. D. respondebit ad novum breve Original' per praedictum C. prosequend' pro causa in dicto brevi mentionat' & solvet Condempnationem quae foret recuperat' Si praed. C. D. sectam suam infra duos Terminos prosecut' fuerit, etc. Super quo viso praed. brevi scrutatoque filo brevium de retorno praed. brevis de Exigi facias pro proclamatione praedicta, eidem Cur' nunc hic manifeste constat allegationem praed. A. B. superius pro exoneratione sua de utlagaria praed. allegat' fore veram, Ideo considerat' est quod utlagaria praedicta versus praefat ' Utlagaria reversat. A. B. in forma praed. promulgat' & habit' reversetur & quod praed. A. B. de utlagaria praedicta exoneretur & ea occasione non molestetur in aliquo seu gravet ' said eat inde quiet ' etc. Et quod praed. A. B. ad omnia quae ipse occasione utlagariae praedict' amisit restituatur, etc. I do find by the Filizers rolls, that most commonly such reversals of Outlawries were entered up to the process thus awarded, but sometimes when it happened that the Filizers had the Original Writs so late brought into their Offices by the Attorneys that they could not award such process, for that their Rolls were filled, than I find that they entered up such Reversals to the Entry of the Exigent by a Dominus Rex Mandavit, etc. and so recited the whole Exigent in haec verba and the return unto the Quinto exact' and Judgement of Outlawry, and then to assign the Error' pro Defect' Proclamation' etc. ut antea, etc. but certainly the best way is to enter it up to the awarding of the former Process if it may be done. The form of the Bailpeice must be cut as other Bailpeices are, and the Names thus inserted. London, ss. A. B. nuper de, etc. traditur Le special. bail sur. reversal. del utlagar. & semper cap. in Cur. & affilat. cum Custod. brev' huius Cur. in ballium super novum breve Original' post utlagar' reversat' per C. D. infra duos terminos prox' sequen' impetrand' & add satisfaciend' Condempnation' si convict' fuerit, Scilicet. R. F. de Paroch' sancti, etc. in Com. M. gen. Et W. M. de Paroch' sancti, etc. in Com. B. gen. Vterque Manucaptor' sub pena Quadragint' Librar' seperatim. E. F. Att. pro. def. ad Sect. C. D. gen. London, ss. Cap. A. B. nuper de, etc. Le special. bail Sur arrest. & cap. coram un' Justice. Cur. & affilat. cum Custod brevium praedict. ad sect. C. D. de placito transgr. super Casum ad Dampnum ipsius C. D. Centum Librarum. Manucaptor' W. S. de, etc. gen. Et H. I. de, etc. gen. E. F. Att' pro def. Defend. ipse in C. C. l. Vterque Man ' in C. l. Note, This last special appearance, or special Bail, the Filizer of the County out of which the action ariseth, entereth in his Appearance-Book and (as is used in the Common-Pleas) goeth as is said before with the Attorney for the Defendant, with the Bail before a Judge, and taketh his hand to his Book, and when the Bail is accepted, the Plaintiffs Attorney taketh away the Bailpeice from the Judge, and after it is entered he fileth it with the Custos Brevium of this Court, with whom all Writs and Process whatsoever, grounded upon Original Writs ought to be filled; the Original Writs themselves being fileable with him only and no other, as appears by a vast number of files of such Writs and Process he hath now in his Custody. Vic. M. Salutem, Cum tibi per breve Supersedeas Sur. reversal. del utlagar. pro defectu Proclamation ubi bona & Catalla Def. cap. fuer. per breve de special. Cap. utlagat. devant le reversal. nostrum nuper praeceperimus quod non omitteres propter aliquam libertat' Com. tui quin per sacrum probor' etc. (ut in le special' Cap. utlagat' devant) usque ad faciend' & recipiend' quoth Cur' nostra coram nobis consideraverit in ea parte. Et quia nobis in Cur' nostra satis constat de Recordo quod utlagaria praedicta ob defectu proclamation' juxta formam Statuti in hujusmodi Casu edit' & provis' reversat existit & quod idem A. B. superinde ven' hic in Cur' nostr' coram nobis & invenit sufficient' Manucaptor' add respondend. praefat' C. D. super novum breve Original' post utlagar' praed. reversat' per praed. C. D. infra duos Terminos prox. sequen' impetrand' & add satisfaciend' Condemnationem si convict' fuerit, Ideo Tibi praecipimus quod si bona & Catall' praedicti A. B. virtute brevis praed. cepistis eidem A. sine dialatione redeliberari fac. Praecipimus etiam tibi quod de praefat' A. capiend' attachiend' imprisonand' seu ipsum occasione illa aliqualit' molestand' omnino Supersedeas. Et si ipsum A. ea occasione, & non al' ceperis tunc ipsum sine dilatione deliberar' facias periculo incumbenti, T. etc. Vic. M. Salutem, Cum tibi, etc. ut Aliter ex assensu Attorn. pro Quer. Sur def. imposition. ballitum coram un' Justick. Cur. antea usque consideraverit in ea parte. Et quia idem A. B. ex assensua Attorn' praed. C. D. in Cur' nostra coram nobis venit & invenit sufficient' Manucaptor' add respondend' praefat' C. D. de praedicto placito & ad satisfaciend' praed. C. D. omnia Dampna misa & Custag ' in ea parte recuperand' si contingat ipsum A. B. in placito praed. convinci, aut se prisonae Marr ' Maresc' Cur' nostrae coram nobis ea occasione non reddere, Ideo Tibi praecipimus quod, etc. ut antea usque T. etc. Vic. L. Salutem, Praecipimus vobis Breve de Cap. ad satisfaciend. quod capiat' A. B. nuper de, etc. si invent' fuerit in balliva vestra & eum salvo custod' Ita quod habeat' Corpus ejus coram nobis in Crastino, etc. ubicunque tunc fuerimus in Anglia ad satisfaciend' C. D. de Centum Libris pro dampnis suis quae sustinuit tum occasione cujusdam transgr' super casum per praefat' A. eidem C. nuper illat' quem pro misis & Custag ' suis per ipsum circa sectam suam in ea parte apponit' unde convict' est sicut nobis constat de Recordo. Et habeat' ibi hoc breve T. etc. Vic. L. Salutem, Praecipimus vobis Exigent super inde. quod exigi faciat' A. B. nuper de, etc. de Hust. in Hust. quousque, etc. ut in all' Exigent usque ubicunque tunc fuerimus in Anglia, ad satisfaciend, etc. ut in le Capias devant usque sicut nobis constat de Recordo. Et unde vosipsi return. del. Capias devant. nobis mand' in Crastino, etc. ult' praeterit' quoth praed. A. B. non est inventus in balliva vestra. Et habeat ibi hoc breve T. etc. Vic. M. Salutem, praecipimus Tibi Exigent post Cap. puis un. recov. pro dampn. in comm. Banco & affirmetur in Cur. hic Sur breife de error. quod Exigi facias A. B. nuper de, etc. de Com. in Com. quousque, &c, ut in al' Exigent usque ubicunque tunc fuerimus in Anglia ad satisfaciend' C. D. tum de, etc. quae eidem C. in Cur' nostra de Banco adjudicat' fuer' pro dampnis suis quae sustinuit tum occasione cujusdam transg. super casum eidem C. per praefat' A. nuper illat' quam pro misis & custag' suis per ipsum circa sectam suam in ea parte apponit' unde convict' est sicut per inspectionem Recordi & processus inde quae coram nobis nuper certis de Causis venire fecimus nobis constat de Recordo quam de, etc. quae eidem C. in Cur' nostra coram nobis adjudicat' fuer' pro dampnis mis' & custag' suis quae sustinuit occasione dilationis executionis Judicii praed. pretextu prosecutionis cujusdam brevis de error' Et unde, etc. ut supra, etc. Vic. G. Salutem, Pone per vad' & Breve de Pone Sur. un' brief de Recordare. salvos pleg' A. B. nuper de, etc. quod sit coram nobis in Octab. etc. ubicunque tunc fuerimus in Anglia ad respondend' C. D. de placito quare cepit Averia ipsius C. & ea injuste detinuit con●ra vad' & pleg' etc. ut dicitur, Et ad ostendend. quare non fuit in Cur. nostra coram nobis in Crastino, etc. ult. proeterit. sicut dies ei proefixus fuit, Et habeas ibi return. del Recordare. nomina pleg. Et hoc breve T. etc. Glouc. ss. C. D. per Attorn. suum obtulit Intratio inde. se quarto die versus A. B. nuper de, etc. de placito quare cepit Averia ipsius C. & ea injuste detinuit contra vad. & pleg. etc. Et ipse non ven. & habuit diem hic usque ad hunc diem scilicet in Crastino * return. de Recordare. Animar. coram Domino Rege ei proefixum, etc. Ita fiat ei attachiat. quod sit coram Domino Rege hic return. de Pone. in Octab. sancti Hilarii, etc. Vic. G. Salutem, Proecipimus tibi quod Breve de distring' super Pone praed ' distring. A. B. nuper de, etc. per omnes terr. & Catalla sua in balliva tua, Ita quod nec ipse nec aliquis per ipsum ad ea manum appon' donec aliud à nobis inde habueris proecept. Et quod de exitibus eorundum nobis respond. Ita quod habeas Corpus ejus coram nobis à die, etc. ubicunque tunc fuerimus in Angl. ad respondend. C. D. de placito quare, etc. ut in le Pone usque ut dicitur, & ad audiendum inde Indic. fuum de plur. default. Et habeas, etc. Vic. M. Salutem, Proecipimus tibi quod Distringas envers un' Peer. distring. A. Comit. S. per omnes terr. etc. ut supra usque, Et quod de exitibus eorundem nobis respond. Ita quod sit coram nobis à Die, etc. ubicunque, etc. ad respondend. C. D. de placito quare cum, etc. & sic recite tout le original usque ut dicit, Et ad audiendum inde Judicum suum de plur. default. Et habeas ibi hoc breve T. etc. Vic. L. Salutem, Proecipimus tibi quod Testat. Distring. sur nichil return. envers un' Peer. distring. A. Comit. etc. per omnes terr. etc. ut supra in le brief de distring. usque de plur. default. Et unde Vic. noster M. nobis manned. à die, etc. (le return. de distring.) ult. proeterit. quoth proed. A. Comes S. nichil habet in balliva sua per quod distring. potest, Cum testat. sit in eadem Cur. nastra coram nobis quod satis habet in balliva tua per quod distring. potest. Et habeas, etc. Carolus, etc. Vic. M. Salutem, Pone Testat. pone sur tiel return. envers un' Peer. per vad' & salvos pleg. A. Comit. S. quod sit coram nobis à die, etc. ubicunque tunc fuerimus in Anglia. ad respondend. C. D. de placito quare cum, etc. (ut in le original Pone) usque ut dicit, Et unde Vic. nostri L. nobis manned. in * return. del Pone. Octab. etc. ult. praeterit. quoth praed. A. nichil habet in balliva sua per quod attach. possit, Cum testat. sit in eadem Cur. nostra coram nobis quod satis habet in balliva tua per quod attach. potest, Et habeas ibi nomina pleg. & hoc breve T. etc. Vic. L. Salutem, Praecipimus vobis quod Distring. versus un' Corporation' vel Hundred. distring. liberos homines Mister' Piscinar. Civit. London comunit. vocat. etc. vel. sic, si sit envers Hundred Praecipimus tibi quod distring. Homines inhabitan. in Hundred. de E. in Com. tuo per omnes terr. & catalla sua, etc. ut antea, etc. Vic. L. Salutem, Praecipimus vobis quod Un' Special' Cap. add arrest. capiat. A. B. nuper de, etc. si invent. fuerit in balliva vestra & eum salvo custod. quod habeat. Corpus ejus coram nobis à die, etc. ubicunque tunc fuerimus in Angl. ad respondend. C. D. de placito quare cum, etc. & sic recite tout le Original usque ad dampnum ipsius C. D. Centum Librarum ut dicit, Et habeas, etc. London ss. C. D. per Attorn. suum obtulit Intratio inde. se quarto die versus A. B. nuper de, etc. de placito quare cum, etc. ut in le brief praed. (sed nota quod in loco Anno Regni nostri in le brief, debet esse in le Entry Anno Regni Domini Caroli Secundi nunc Regis Angl. etc. iricesimo quarto) & sic usque ut dicit, Et ipse non ven' Et precept. fuit Vic. quod capiant eum, etc. Et vic. modo manned. quod nichil habet, etc. Le return. del Cap. Ideo capiatur quod sit coram Domino Rege à Die, etc. Et breve deliberatur de Recordo, etc. Vic. M. Salutem, Praecipimus tibi quod Testat. Cap. super inde. capias A. B. nuper de, etc. si invent. fuerit in balliva tua, etc. ut antea usque ut dicit pro eo quod vic. nostri London nobis à die, etc. ult. praeterit. manned. quoth praed. A. B. non est inventus in balliva sua, Cum testat. existit. in Cur. nostra coram nobis quod praed. A. B. latit. & discurr. in Com. tuo, Et habeas, etc. London ss. C. D. per Attorn. suum obtulit Intratio inde. se quarto die versus A. B. nuper de, etc. de placito quare, etc. ut in le briefe devant usque ut dicit, Et praecept' fuit vic. quod capiant eum, & vic. retorn' quod nichil habet, etc. Ideo capiatur quod sit coram Domino Rege à die, etc. ubicunque, etc. Et breve deliberatur de return. de Cap. Recordo, Ad quem diem hic ven. praed. C. D. per Attorn. suum & obtulit se quarto die versus praed. A. B. in placito praed. Et ipse non ven. Et precept. fuit vic. quod capiant eum, etc. Et vic. return. quod non est invent. etc. Super quo testat. existit. hic in Cur. nostra coram nobis quod praed. A. B. latit' & discurr. in Com. M. Ideo precept. est vic. Com. M. praed. quod capiat praed. A. B. si invent. fuerit in balliva sua, Et eum salvo custod. Ita quod habeat Corpus ejus coram Domino Rege in Oct. etc. ubicunque, etc. ad return del testat. Cap. respond. praefat. C. D. de praedicto placito, etc. Vic. L. Salutem, Cum vobis per breve Supersedeas in abatement del brief de Exigent quia Def. in ill. nominat. Miles quando fuit Miles & Baronettus. nostrum, etc. ut antea in le brief de Supersedeas quia improvide usque ut dixit, Quia tamen ante emanationem dicti brevis nostri de Exigend. quidam A. B. nuper de London Miles & Baronettus (dicend. quod ipse est eadem persona versus quem praedictus C. D. tulit praedictum breve de Exigi fac. per nomen A. B. nuper de L. Milit. quodque ipse ante diem impetrationis brevis Original' praedicti, C. non solum ordinem Militar. super se suscepisset, Sed etiam quod nos per Literas nostras Patentes creavimus ipsum A. B. Baronett. & modo Miles & Baronettus existit; Salvis sibi omnibus & omnimod. advantagiis exceptionibus & allegationibus ad breve praed.) per E. F. Attorn. suum comparuit in eadem Cur. nostra & quam plur. se obtulit ad respondend. praefat. C. D. de praed. placito, Sicque breve nostrum praed. inde versus eundem A. B. minus rite emanavit, Ideo vobis praecipimus quod de ulterius exigend. praed. A. B. Mil. & Bar' utlagand. capiend. seu ipsum in aliquo modo molestand. occasine illa omnino supersedeat. T. etc. Vic. G. Salutem, Cum H. D. nuper Breve de Exigi fac' post un' Pone & Cap. retornat. fuer. & Def. in Contempt. Domini Regis. Vic. Com. tui per breve nostrum nuper praeceperimus quod poneret per vad. & salvos pleg. A. B. nuper de, etc. Milit. & Bar. quod esset coram nobis in Octab. etc. Anno Regni nostri, etc. ubicunque tunc fuissemus in Angl. ad respondend. C. D. de placito quare, etc. ut in brief de Pone devant usque sicut dies ei praefixus fuit; Dictusque H. D. ad diem ill. nobis return. quoth praed. A. B. nichil habuit in balliva sua ubi aut per quod attach. potuit prout per breve illud ei precept. fuit, Ob quod per breve nostrum nuper praeceperimus quod caperes praefat. A. B. si invent. foret in balliva tua & eum salvo custod. Ita quod haberes Corpus ejus coram nobis à die, etc. ubicunque tunc fuissemus in Angl. ad respondend. tam nobis de Contempt. quam praefat C. D. de dampnis & injur. ei in hac parte illat. Tuque ad diem ill. nobis manned. quoth praed. A. B. non fuit invent. in balliva tua, Ideo tibi praecipimus quod Exigi fac. praefat. A. B. de Com. in Com. quousque secundum legem & consuetud. hujus Regni nostri Angl. utlagetur si non comparuerit & si comparuerit tunc eum capias & salvo custod. fac. Ita quod habeas Corpus ejus coram nobis à die, etc. ubicunque tunc fuerimus in Angl. ad respondend. tam nobis de Contempt. quam praefat. C. D. de dampn. & injur. ei in hac parte illat. Et habeas, etc. Vic. L. Salutem, Cum vobis per breve Breve de Certiorar. Vic. L. pro eo quod Exigi fac. casualit. perdit. est, super quo Def. fuit retornat. utlagat. nostrum nuper praeceperimus quod exigi faceretis A. B. nuper de, etc. ut in brevi de Supersed. devant usque ut dixit, Cumque in Cur. nostra coram nobis testat. existit quod praed. A. B. superinde utlagat. est, sed breve de Exigi fac. praed. casualit. perdit. existit, prout ex insinuatione ipsius C. D. accepimus, Et quia volumus eidem C. D. in actione sua praedicta debitum & festinum remedium adhiberi, vobis praecipimus quod si ita sit tunc Record. utlagar. praed. cum omnibus ea tangen. tam adeo & plene coram vobis residet habeat coram nobis immediate post reception. hujus brevis ubicunque tunc fuerimus in Angl. ut Cur. nostra coram nobis illud facere valeat in praemissis quod de jure & secundum legem & consuetud. hujus Regni nostri Angliae fuerit faciend. Et habeat' ibi hoc breve T. etc. Vic. L. Salutem, Praecipimus vobis Distring. & Proclamation. en un' brief envers un' Corporation. quod distring. liberos homines, etc. co ' it. voc. Custod. & Comunitat. etc. ut antea in tiel distring. usque ut dicitur. Et ad audiend. inde Judicium suum de plur. default. Praecipimus etiam vobis quod interim in Husting. vestris prox. tenend. publice proclamari fac. quoth praed. liberi homines Myster. praed. ven. coram nobis ad praefat. terminum ubicunque, etc. praefat. C. D. inde responsur. si eye viderit expediri & Proclamation. praed. sic inde fact. nobis ad eundem Terminum scilicet constar. faciat. Et habeat' ibi hoc breve T. etc. Middlesex ss. A. B. nuper de, etc. attachiat. Intratio de le Imparlance in ascun action per original. fuit ad respondend. C. D. de placito transgr. super Casum, Et unde idem C. D. per E. F. Attorn. suum queritur quod cum, & sic recite tot. narr. usque, Et inde produc. Sect. etc. & junc le Imparlance sic. Et praedictus A. B. per T. W. Attorn. suum ven. & defend. vim & injur. quando, etc. Et pet. diem inde ad interloquend. etc. Et ei conceditur, etc. Et super hoc dies inde dat. est partibus praedictis coram Domino Rege usque in Octab. etc. ubicunque, etc. videl. praefat. A. B. add interloquend. Et tunc ad respondend. etc. Vic. E. Salutem, Cum Tibi per breve Scir. fac. sur. pardon del utlagar. per Statut. nostrum nuper praeceperimus quod non omitteres propter aliquam libertat. Com. tui quin caperes A. B. nuper de, etc. utlagat. apud, etc. in Com. tuo (tali die & Anno) ad sect. C. D. de placito transgr. super casum si invent. foret in balliva tua, Et eum salvo custod, Ita quod haberes Corpus ejus coram nobis in Crastino, etc. ubicunque tunc fuissemus in Anglia ad fac. & rec. quod Cur. nostra coram nobis de eo cons. in ea parte, Quia tamen per quendam Act. in Parliament. nostro tent. apud Westm. in Com. Middles. (tali die & Anno) utlagar. praed. in praefat. A. in forma praed. promulgat. & habit. eidem A. pardonat. fuit, Ita tamen quod praed. A. prosequitur in eadem Cur. nostra coram nobis breve nostrum de scir. fac. ad praemuniend. praefat. C. D. de praedicto placito, Si idem C. versus eum loqui vellet, Et quia expediens & necesse est quod praed. C. pro interesse sua in hac parte praemunitur priusquam ad exonerationem praed. A. B. de utlagar. praedicta ulterius procedatur, Ideo tibi praecipimus quod per probos & legales homines de balliva tua scir. fac. praefat. C. D. quod sit coram nobis in Crastino Animar. ubicunque tunc fuerimus in Anglia ad prosequend. versus praefat. A. B. Placitum suum praed. si voluerit, Et habeas ibi nomina eorum per quos ei scir. feceris & hoc breve, T. etc. Ad quod quidem Crastinum Animar. return super inde. coram eodem Domino Rege apud Westm. ven' praed. A. B. in propr. persona sua, Et vic. Com. praed. videlicet J. M. Ar' virtute brevis praed. ei inde direct. return. quod ipse per L. M. & B. F. probos & legales homines de balliva sua scir. fecit praefat. C. D. essend. coram Domino Rege ad diem praedictum ubicunque, etc. ad prosequend. versus praefat. A. B. Et praed. C. D. licet ad eundem diem solempnit. Quer' fec. default. exact. & sic praemunit. non ven' sed. default. fec. Ideo ipse & pleg. sui de pros. scilicet Johannes Do & Richardus Roose, sint inde in Mi'a, etc. Et praed. A. B. eat inde sine die, etc. Et pardonatio Domini Regis secundum formam Judic. super inde. Statuti praed. praefat. A. allocetur, etc. Vic. M. Salutem, Cum A. B. summonit. return. habend. ubi Quer' fecit default. fuit essendi in Cur. nostra coram nobis ad respondend. C. D. de placito quare cepit averia ipsius C. & ea injuste detinuit contra vad' & pleg' ut dicitur; Idem C. postea in eadem Cur' nostra coram nobis fecit default. per quod cons. fuit in eadem Cur' nostra quod ipse & pleg' sui de pros. essent in Mi'a, etc. Et quod praed. A. iret inde sine die, etc. Et quod haberet retorn' averior. praedictor. Et ideo tibi praecipimus quod averia praedicta praefat. A. B. sine dilatione retornari fac', Et ea ad querimoniam praed. C. non redeliber. sine brevi nostro quod de praefat. Judic. expressam faciat mentionem, Et qualit. hoc precept. nostrum fuerit execut. nobis à die, etc. ubicunque tunc fuerimus in Angl. constar' fac' Et habeas ibi hoc breve, T. etc. Middles. ss. A. B. per Attorn. suum Intratio inde. obtulit se quarto die versus C. D. de placito quare ipse praed. A. cepit averia ipsius C. & ea injuste detinuit contra vad' & pleg', etc. Et ipse solempnit' exact' non ven' & fuit Querens, etc. Ideo cons. est quod ipse & pleg' sui de pros. sint inde in Mi'a, etc. Et quod praed' A. eat inde sine die, etc. Et quod habeat return. Averior. praedictor. etc. Quare nomina Pleg', etc. & qualiter, etc. Vic' constare fac. Domino Regi à die, etc. ubicunque, etc. Carolus, etc. Vic's S. Salutem, Cum return habend. alio modo ubi Quer' fecit default. & breve de Inquir' de dampnis. J. L. sum. esset essendi in Cur' nostra coram nobis ad respondend. T. H. de placito quare ipse (tali die & Anno) apud O. in Com. tuo, in quodam loco ibidem vocat' L. cepit averia videlicet duos Juvencos, etc. Et ea injuste detinuit contra vad' & pleg' ut dicebatur, Idemque J. in eadem Cur' dicti Domini Regis coram ipso Rege comparens, certa ratione per ipsum in eadem Cur' dicti Domini Regis coram ipso Rege allegat', ut ballivus E. L. Milit' been cognovit captionem averior' praed. in praed. loco pro dampnis ibidem factis fore justam, super quo praed. T. postea in eadem Cur' dicti Domini Regis coram ipso Rege apud Westm. solempnit' exact' non venit nec ulterius fuit prosecut' breve suum praed', Ob quod cons. fuit in Cur' nostra coram nobis apud Westm. quoth praed' T. & pleg' sui de pros. essent in Mi'a, Et quod praed. J. iret inde sine die, Et quod haberet return. averior' praed', Et etiam quod praed' J. dampna sua occasione praemiss. versus praefat. T. juxta formam statuti inde edit. & provis. recuperare debeat, Et Ideo tibi praecipimus quod averia praed. praefat. J. sine dilatione retornari fac', & ea ad querimoniam praed. T. non redeliber. sine brevi nostro quod de praefat. judicio expressam faceret mentionem, & qualit. hoc precept. nostrum fueris execut', nobis à die Paschae in quinque septimanas ubicunque tunc fuerimus in Anglia constare fac', Et etiam per sacrament. proborum & legalium hominum de Com. tuo diligent. inquiras quae dampna praed. J. sustinuit tam occasione praemis. quam pro mis. & custag' suis per ipsum circa sect. suam in hac parte apposite. Et inquisition. quam inde fecerit nobis ad praefat. terminum ubicunque, etc. constare fac. sub sigillo tuo & sigillis eor' per quorum sacrament. inquisition. illam feceris, Et habeas ibi nomina eorum per quorum sacrament. inquisitionem illam feceris & hoc breve T. Carolus, etc. Vic's S. Salutem, Cum Simil. Inquir. de Reddit. aretro & valour. Averior. captain. post suggestion. Def. in nature. cognition. pro quodam annual. reddit. secundum Statut. etc. de Anno 17 Car. 2. Regis, cap. 7. J. M. & J. H. sum. fuerunt essendi in Cur' nostra coram nobis in Octabis sancti Hilarii Anno, etc. ubicunque tunc fuerimus in Anglia ad respondend. P. N. de placito quare ceperunt averia ipsius P. & ea detinuer' contra vad. & pleg. ut dicitur praedictusque P. postea in Cur' nostra coram nobis fecit default. Cumque secundum formam statuti in hujusmodi casu edit & provis' praed. I. M. & I. H. fecerunt suggestion' in natura cognitionis quod ipsi ceperunt averia praed. P. praed. ut ballivi I. R. gen' pro quodam annuali reddit' Novemdecem. libr' legalis monetae Angliae debit. & aretro eidem I. R. per praed. P. M. per spatium quinque Annor' finite ad festum sancti Michaelis Archangeli jam ult' praeterit. ac pro quodam mesuag' etc. come pertin' in tenura praed. P. dimiss. praed. P. per eundem I. R. per Indentur' geren' dat' tal' die & Anno, Ideo secundum formam statuti praed. in hujusmodi casu edit. & provis' Tibi praecipimus quod per sacrament. duodecim probor' & legalium hominum Com' tui diligent' inquiras quant' denar' fuerunt in aretro eidem I. R. de annuali reddit' praed. tempore districtionis Averior' praed. & de vero valour Averior' capt' & Inquisition' quam inde ceperis nobis in Octabis Purificationis beatae Mariae ubicunque tunc fuerimus in Anglia sub sigillo tuo & sigil' eor' per quor' sacrament. Inquisition' illam ceperis mittas una cum hoc breve T. etc. Vic. M. Salutem, Si C. D. fecerit Breve de secunda deliberatione. te secur' de Clamore suo prosequend' ac etiam de Averiis retorn' quae A. B. in Cur' nostra adjudicat' fuer' ob defalt' ipsius C. Tibi praecipimus quod si praetextu brevis nostri de retorn' habend' alias tibi inde direct' Averia praedicta praefat' A. B. retornari fecisti, tunc ea praefat' C. D. redeliberari fac' Et pon' per vad' & salvos pleg' praed. A. quod sit coram nobis in Octab. etc. ubicunque tunc fuerimus in Anglia ad respondend' praefat' C. de Captione Averiorum praedictor. Et habeas ibi nomina pleg' & hoc breve T. etc. Vic. E. Salutem, Praecipimus tibi Non omittas. quod non omittas propter aliquam libertat. Libertatis Villae de, etc. in Com' tuo quin capias A. B. nuper de, etc. si invent' fuerit in balliva tua, & eum salvo custod' Ita quod habeas Corpus ejus coram nobis in Octab' etc. ubicunque tunc fuerimus in Anglia ad respondend' C. D. de placito quare, etc. usque ut dicit. Et unde Tu ipse nobis mand' in Crastino, etc. retorn' deal Cap. ult' praeterit. quod quoad captionem praed. A. manned. E. F. Ballivo Libertatis praedictae qui habuit plenum retornum omnium brevium & executionem eorundem infra libertat' illam cui executio brevis praedicti totaliter pertinuit faciend' eo quod executio brevis illius extra eandem Libertat' per te fieri non potuit, Qui tibi nullum dedit respons. Et habeas ibi hoc breve T. etc. Ebor' ss. C. D. per Attorn' suum Intratio. inde. obtulit se quarto die versus A. B. nuper de, etc. de placito quare, etc. usque ut dicit. Et ipse non ven' & praecept' fuit Vic' quod caperet eum si, etc. & salvo, etc. Ita quod haberet Corpus ejus retorn' deal Capias. coram nobis in Crastino, etc. ult' praeterit' ubicunque, etc. Et Vic' modo mand' quod ipse mand' E. F. Ballivo Libertatis Villae de, etc. Qui habet plenum retorn' &c. Et cui, etc. qui nullum dedit ei respons. etc. Ideo praecept' est Vic. quod non omittat propter aliquam libertat' praed' quin capiat praed' A. B. si, etc. & salvo, etc. Ita quod habeat Corpus ejus coram Domino Rege in Octab. etc. return del non omit. ubicunque, etc. Vic. M. Salutem, Praecipimus tibi Distring ' Ballivum super Cepi Corpus. quod distring' I. H. Ballivum nostrum Ducatae nostrae L. in Com' tuo per omnes terr. etc. ut in al' distring' etc. Ita quod habeas Corpus A. B. nuper de, etc. coram nobis in Octab. etc. ubicunque tunc fuerimus in Anglia quem per praecept' nostrum idem I. H. nuper cepit, prout Tuipse nobis apud Westm. in Crastino, etc. ult' praeterit' mand' add respondend' praefat' C. D. de placito quare etc. usque ut dicit. Et ad audiendum inde Judicium suum de plur' default. Et habeas ibi hoc breve T. etc. Middlesex, ss. Praecept' fuit Vic. quod Intratio inde. caperet A. B. nuper de, etc. Si, etc. & salvo, etc. Ita quod haberet Corpus ejus coram Domino Rege in Crastino, etc. ubicunque, etc. ult' praeterit' add respondend' C. D. de placito-quare usque ut dicitur, Et modo hic ad hunc diem ven' praed. C. per Attorn' suum, Et obtulit se quarto die versus praed. A. B. de praed. placito, Et ipse non ven. Et Vic. retorn' quod ipse mand' I. H. Ballivo libertatis nostrae Ducat' Lacastr' in Com. praedict' qui habet retorn' omnium brevium & execution' eorundem infra libertat' praedict' & infra quam executio istius brevis per ipsum praed. Vic. fieri non potuit, Qui quidem Ballivus eidem Vic. hunc respons' dedit quod ipse cepisset Corpus praed. A. B. cujus quidem Corpus hic ad hunc diem haberet, Et quia praedictus Ballivus corpus praed. A. B. hic ad hunc diem non habuit, Ideo idem Ballivus est in Misericordia & amerciat' per Cur' Domini Regis hic ad Quadraginta Solid. Ideo praecept' est Vic. quod distring' praed. Ballivum per omnes terr' etc. Et quod de exitibus, etc. Ita quod habeat hic coram Domino Rege in Octab. etc. ubicunque, etc. Corpus praed. A. B. quem, etc. ad respondend' praefat' C. D. de praedicto Placito, etc. Middlesex, ss. Praecept' fuit Vic. Intratio. de languid' in Prisona super un' Capias. quod caperet A. B. nuper de, etc. Si, etc. Et eum salvo, etc. Ita quod habeat Corpus ejus coram nobis in Octab. etc. ubicunque, etc. ad respondend' C. D. de placito quare, etc. usque ut dixit, Et modo hic ad hunc diem ven' praed. C. D. per Attorn' suum, Et obtulit se quarto die versus praefat' A. B. de praedicto Placito, Et ipse non ven. Et Vic. retorn' quod ipse cepisset Corpus praed. A. B. cujus quidem Corpus in prisona nostra languebat & cum tam multis & talibus infirmitatibus in eadem detent' est, Ita quod sine magno periculo mortis itinerare seu abcariare non potuit, Cum testat' est in Cur' Domini Regis hic coram ipso Rege quod praed. A. B. salutaris & sanus est & ad itinerand' habilis, Ideo praecept' est Vic. quod habeat hic in Cur' coram ipso Rege à die, etc. praedictum A B. ad respondend' praed. C. D. de placito praed. etc. Vic. M. Salutem, Praecipimus tibi quod Habeas Corpus licet languid ' habeas coram nobis à die, etc. Corpus A. B. nuper de, etc. quod per precept ' nostrum cepisti & in Custod ' tua detent, cujus quidem Corpus tam gravit' languebat in prisona nostra de N. & cum tam multis & talibus infirmitatibus in eisdem gravat' existit quod sine magno periculo mortis itinerare seu abcariare non potuit prout Tu ipse nobis apud Westm. in Octab. etc. ult' praeterit. manned. ad respondend' C. D. de placito quare cum, etc. usque ut dicit, Et habeas ibi hoc breve T. etc. Intratio. inde ut in al. Ad quem diem coram Domini Rege apud Intratio. de amerciament' Vic. pro non retornand' breve de Cap. alias aut plur' etc. Westm. ven' praed. C. D. per Attorn. suum, Et Vic. Com. praed. licet solempnit' exact' add retornandum breve praed. non ven. nec retorn' breve illud, Ideo idem Vic. scilicet, I. S. in Misericordia, etc. & amerciatur per Cur' Domini Regis hic ad Quadragint' Solidos, etc. Enter this after the obtulit se upon the Cap. alias or plur' awarded on the Filizers Rolls, the like Entry also may serve, for amercing the Sheriff upon any other process whatsoever. Vic. M. Salutem, Praecipimus tibi Distring ' nuper Vic. quod distring' E. F. Ar' nuper Vic. Com. tui per omn' terr' & catalla sua in balliva tua, Ita quod nec ipse nec aliquis per ipsum ad ea manum appon ' donec aliud à nobis inde habueris praecept' Et quod de exitibus eorundem nobis respond' Ita quod Corpus A. B. nuper de, etc. per se captum & in prisona nostra sub custod' sua detent' prout ipse per return. suum in Cur' nostra coram nobis per se alias missum seipsum oneravit habeas coram nobis in Octab. etc. ubicunque tunc fuerimus in Anglia ad respondend. C. D. de placito quare, etc. usque ut dicit, Et ad audiendum inde Judicium suum de plur. default. Et habeas, etc. Middlesex, ss. Praecept' fuit nuper Intratio inde. Vic. quod haberet hic ad hunc diem scilicet à die, etc. ult. praeterit. Corpus praed. A. B. nuper de, etc. quod praed. Vic. cepisset & in Custod. sua detinuisset ad respondend. C. D. placito quare, etc. usque ut dicit, Et modo hic ad hunc diem ven. praed. C. per Attorn. suum, Et obtulit se quarto die versus praefat. A. in placito praed. Et ipse non ven. Et modo Vic. return. quoth praed. A. B. non captus fuit per ipsum Vic. sed per E. F. nuper Vic. praedecessor' suum nec Corpus ejusdem A. eidem modo Vic. deliberat' fuit in exitu ab officio suo, Ideo praecept' est modo Vic. quod distring' praedictum nuper Vic. per omnes terras, etc. Et quod de exitibus, etc. Ita quod habeat coram Domino Rege in Octab. etc. ubicunque, etc. Corpus ipsius A. B. quem, etc. ad respond' praefat' C. D. de praedicto placito, etc. Glouc. ss. C. D. qui tulit breve Domini Regis coram ipso Rege de Exigi fac ' Non pros' pro defectu Narr' post comparentiam super Exigi fac ' versus A. B. nuper de, etc. de placito, etc. non est prosecut' breve suum praed. Ideo ipse & pleg' sui de pros. sint inde in Miserecordia, Quer' nomina pleg' etc. Et praed. A. eat inde sine die, etc. Consider atum est etiam quod praed. A. recuperet versus praefat' C. dampna sua occasione praemissor' ad xxiii s. iv. d. eidem A. pèr Cur' dicti domini Regis nunc hic pro mis. & custag' sui in ea parte sustent' juxta formam Statuti in hujusmodi casu inde nuper edit' & provis' adjudicat' Et praed. A. habeat inde execution' etc. Carolus, etc. Vic. M. Salutem, Cum tibi per breve nostrum nuper Plur' praeceperimus Breve de Cap. in Withernam sur' plur' repleg ' quod just & sine dilatione replegiari faceres C. D. averia sua quae A. B. cepit & detinuit ut dicitur secundum tenorem praecepti nostri preantea tibi direct' vel tu ipse esses in Cur' nostra coram nobis in Octab. etc. ubicunque, etc. ult' praeterit ' le retorn' del plur ' add ostendend' causam quare praecept' nostrum tam saepe inde tibi direct ' recusavisti exequend, Tamen tu ipse nobis apud Westm. ad praefat' Terminum retorn' quod diu ante adventum brevis praed. tibi in ea parte direct' praed. A. B. averia praed. elongavit partibus tibi ignot' extra ballivam tuam, ita quod averia praed. eidem C. D. replegiari non possis secundum tenorem brevis praed. Nos volentes tam magnam injur' obstare & si commissa fuerit quod est justum fieri praed. C. D. Ideo Tibi praecipimus quod si praed. C. D. fecerit te securum pros' querelam suam ac etiam pro retornand' Averia sua praed. si Retorn' inde adjudicat' fuerit, tunc pone per vad' & salvos pleg' praed. A. B. quod sit coram nobis à Die, etc. ubicunque tunc fuerimus in Anglia ad respondend' praefat' C. D. de Captione & injust ' detentione Averior' praedictor' & tam nobis de contempt' quam praefat' C. D. de dampnis & injuriis ei in hac parte illat' & interim eidem C. D. averia sua praed. sine dilatione (si possis) replegiari facias, Et si non possis tunc de Averiis ipsius A. B. in Withernam capias pro praed. Averiis ipsius C. D. & ea eidem C. D. sine dilatione deliberari fac' per ipsum detinend' quousque ei Averia sua praedicta replegiari possis, Et habeas ibi nomina Pleg' & hoc breve T. etc. The Entry of this Writ (and other following Writs) is as the former Entries of Writs in Replevin or as in any other obtulit se, and framed out of the Writ itself and therefore here omitted. Carolus, etc. Vic. G. Salutem praecipimus Breve de adjornament' fact' per les ' Filizers. tibi quod omnes & singulae brevia, billae & praecepta, tibi deliberat' vel deliberand' retornabil' in Cur' nostra coram nobis à die sancti Michaelis in tres Sept' a die, etc. in un' mensem, & in Crastino Animar' prox' sequen' ubicunque tunc fuerimus in Anglia vel interim à praed. tribus septimanis ad aliquem diem retornabil' in Custod ' tua retines & eos habeas coram nobis in Crastino sancti Martini prox' sequen' ubicunque, etc. ad veniend' simul cum executionibus eorundem & hoc breve quod Cur' nostra coram nobis pro prosecutione Partium tunc fieri causaret quod est justum & secundum legem & consuetud' regni nostri Angliae fieri debet, Et in prox' come tuo abind tenend' publice proclamar' fac' quod parts in eisdem brevibus, billis & praeceptis, dies suos coram nobis in Cur' nostra in praedicto Crastino sancti Martini observant, T. etc. Virtute istius brevis mihi direct' omnia Le Retorn' per Vic's superinde. brevia, billae & praecepta unde infra fit mentio in custod' mea retinui & ea habeo coram Domino Rege infrascript' in Crastino sancti Martini infraspecificat' una cum executionibus eorundem, ac etiam ad Com' meum tent' apud N. in Com' meum die & anno infrascript' Qui quidem Com' fuit prox' come meus post le Teste vel brief de adjornm infrascript' decimum diem Octobris proclamari feci, quod parts in brevibus, billis & praecept' infraspecificat' dies suos coram Domino Rege infrascript' in Crastino sancti Martini observant prout interius mihi praecipitur G. H. Miles Vic. Carolus, etc. Coronator' come M. Breve de Distring ' versus un' & post un' Essoin versus al' in un' quare Impedit. Salutem, praecipimus tibi quod distring' P. C. Ar' Vic. come praed. per omnes terr' etc. (ut in al') add respondend' W. K. Ar' de placito quod ipse simul cum P. M. Clerico permittant eundem W. praesentare idoneam personam Ecclesiae parochial' de A. quae modo vacat' existit, & ad donationem suam pertinet ut dicit' & ad audiendum inde Judicium suum de Plur' defalt' Praecipimus etiam tibi quod distring' praed. P. M. per omnes terr' etc. ut in al' Ita quod habeas Corpus ejus coram nobis ad praefat ' Terminum ubicunque, etc. ad respondend' praefat' W. una cum praed. P. in placito praed. & add ostendend' causam quare non servavit diem suum ei dat' per Esson' suam hic in Cur' coram nobis in Octab. etc. ult' praeterit' postquam ipse attach' fuit & ad audiendum inde Judicium suum de Plur' defalt' Et habeas ibi hoc breve T. etc. Monmouth. ss. W. K. Ar' per Attorn ' Intratio inde. suum obtulit se quarto die versus P. C. Ar' Vic. come praed. & P. M. Clericum de placito quod ipsi permittant praedictum W. K. ad praesentand' idoneam personam Ecclesiae Parochial' de A. quae modo vacat' existit & ad donationem suam pertinet, etc. Et ipsi non vener' Et praecept' fuit Coronator' quoth attach' praedictum P. C. Et Coronator' retorn' quod ipse attach' est per pleg' I. D. & R. R. Et ideo sit in Misericordia, etc. Et praed. P. M. habuit ab inde diem ei dat' per Esson' hic usque ad hunc diem scilicet in Octab. etc. ult' praeterit' postquam ipse attach' fuit, etc. Ideo distring' eosdem P. C. & P. M. quod sint coram Domino Rege in Octab. sancti Hilarii, etc. ubicunque, etc. Carolus, etc. Vic. M. Salutem, Pone Breve de Pone post Essoine & un' distring' in consili' casu. per vad' & salvos pleg' T. B. & W. L. Clericum quod sint coram nobis à die, etc. ad respondend' I. C. de placito quod ipsi simul cum Johanne Episcopo E. & R. P. Clerico permittant praed. I. C. ad praesentand' idoneam personam Ecclesiae de E. quae modo vacat' existit & ad donationem suam pertinet ut dicit' & add ostendend' Causam quare non servaver' diem suum eis inde dat' per Esson' suam in Cur' nostra coram nobis à die, etc. postquam summonit' fuer' Praecipimus etiam tibi quod distring' praed. R. per omnes terr' etc. ut in al' etc. usque coram nobis ad praefat' Terminum ad respondend' praefat' I. C. unacum praed. T. & W. in placito praed. & ad audiend' inde Judicium suum de Plur' defalt' Et habeas ibi hoc breve, T. etc. Middlesex, ss. I. C. per Attorn' suum Intratio inde obtulit se quarto die versus T. B. & W. L. Clericum & R. P. Clericum de placito quod ipsi simulcum I. Episcopo E. permittant praed. I. C. ad, etc. ut supra usque ut dicit, Et ipsi non vener' Et praed. T. & W. habuer' abind diem eye dat' per Esson' suam hic ad hunc diem scilicet postquam Summonit' fuer' etc. Ideo eos attach' quod sint coram Domino Rege in Octab. etc. Et praecept' fuit Vic. quod attach' praed. R. etc. Et Vic. modo mand' quod ipse attach' est per pleg' I. D. & R. R. Ideo sit in Misericord' &c. & distring' quod sit coram nobis ad praefat' Terminum, etc. Middlesex, ss. Praecept' fuit Vic. quod Le Entry del general' appearance. caperet A. B. nuper de, etc. si, etc. & eum salvo, etc. Ita quod haberet Corpus ejus coram Domino Rege in Octab. etc. ubicunque, etc. ad respondend' C. D. de placito quare, etc. ut in le Cap. usque ut dicit' Et praed. A. B. per E. F. Attorn' suum pet' quod Comparentia sua ad inde per Cur' hic recordaret' & recordatur, etc. London, ss. Praecept' fuit Vic. quod Consile ' deal special appearance on special Bail. haberent hic ad hunc diem scilicet à Die, etc. Corpus A. B. nuper de, etc. quem de nuper, etc. ad respondend' C. D. de placito quare cum, etc. ut antea usque ut dicit' Et modo hic ad hunc diem ven' tam praed. C. quam praed. A. in propr' personis suis, Ac scilicet vener' hic in Cur' D. H. de, etc. & N. H. de, etc. in propr. personis suis & manuceperunt & uterque eor' per se manucepit pro eodem A. B. quod si contingat ipsum A. B. in placito praedicto convinci, tunc iidem D. H. & N. H. concesser' & uterque eor' per se concessit quod omnia dampna misa & custag' quae praefat' C. D. in ea parte adjudicat' fuerint, de terr' & Catal' suis & eor' utriusque sieri & ad opus praed. C. D. levari si contingat ipse idem A. B. eadem non solveret praefat' C. D. aut se prisonae Marr' Maresc' Domini Regis coram ipso Rege ea occasione non redderet, etc. Carolus, etc. Vic. M. Salutem, Cum Scire fac' versus le Manucaptor' superinde. D. H. nuper de, etc. & N. H. nuper de, etc. nuper in Cur' nostra coram nobis scilicet Termino, etc. Vener' in propr' personis & manuceper' pro A. B. nuper de, etc. quod si contingat eundem A. B. in quodam placito Transgr. super Casum ad sectam cujusdam C. D. convinci, tunc iidem D. H. & N. H. (ut in le special appearance usque redderet,) jamque ex parte ipsius C. D. in Cur' nostra coram nobis accepimus quod praed. A. B. in placito praed. convict. fuit & Quadragint' Libras pro dampnis mis' & Custag ' eidem C. D. adjudicat' fuer' prout per Record' & process' inde quae in Cur' nostra coram nobis remanen' plenius liquet & apparet, Ac idem A. B. eadem Dampna non solvit praefat' C. D. aut se prisonae Marr' Maresc' Domini Regis coram ipso Rege ea occasione non reddidit; Ita quod Executio dampnor' praedictor' adhuc restat faciend' unde nobis supplicavit idem C. D. sibi de remedio congruo in hac parte provideri & nos in hac parte fieri volentes quod est justum, Tibi praecipimus quod per probos & legales homines de balliva tuascire fac' praefat' D. H. & N. H. quod sint coram nobis in Crastino, etc. ubicunque tunc fuerimus in Anglia ad ostendend. si quid pro se habeant vel dicere sciant quare Dampna praedicta de terris & Catallis suis & eor' utriusque fieri & ad opus praed. C. D. levari non debent juxta vim, formam & effectum Recognit' praed. si sibi viderit expediri, Et ulterius factur' & receptur' quoth Cur' nostra coram nobis cons' in hac parte, Et habeat ibi hac breve, T. etc. Carolus, etc. Vic. L. Salutem, Cum Sile▪ sur' utlagar' puis pardon Le Roy. C. D. nuper in Cur' nostra coram nobis per breve nostrum implacitasset A. B. nuper de, etc. de quadam transgr. super casum eidem C. per praefat' A. nuper illat' ut dicit' ac idem A. pro eo quod ipse non ven' in Cur' nostra coram nobis praefat' C. secundum legem & consuetud hujus regni nostri Angliae inde responsur' in exigend' poit' fuisset in Com' tuo ad utlagand' & ea occasione post modum utlagat' existit sicut nobis constat de Recordo, Nosque pietate moti pardonavimus eidem A. utlagariam praedictam & firmam pacem nostram ei inde concedimus, Ita tamen quod stet rect' in Cur' nostra coram nobis juxta formam Statut' nuper edit' de hujusmodi utlagaria, Et quia necessar' & expediens est antequam praed. A. è Cur' nostra coram nobis quiete recedat quod praed. C. praemunietur, Ideo Tibi praecipimus quod per probos & legales homines de balliva tua scire fac' praefat' C. quod sit coram nobis in Crastino, etc. ubicunque tunc fuerimus in Anglia ad prosequend' ulterius versus praed. A. de placito praedicto si voluit' Et ulterius factur' & receptur' quoth Cur' nstra coram nobis de eo cons' in hac parte, Et habeas ibi nomina eor' per quos ei scire feceris & hoc breve T. etc. Carolus, etc. Vic. L. Salutem, Cum Exigi fac. versus un'des ' ubi alter des ' capt' fuit per plur' & comparuit super Cepi Corpus retornat'. plur' vobis per breve nostrum nuper praeceperimus quod caperet' A. B. nuper de, etc. & C. D. nuper de, etc. si invent' fuissent in balliva vestra & eos salvo custod' Ita quod haberet▪ Corpora eor' coram nobis à die, etc. ult' praeterit' ubicunque tunc fuissemus in Anglia ad respondend' E. F. de placito quare cum, etc. ut in le original usque ut dicit, vosque ad diem ill' nobis retorn' quod Corpus praed. A. B. cepistis, cujus quidem Corpus coram nobis ad diem & locum praed. parat' habuistis & quod praed. C. D. non fuisset invent' in balliva vestra, Ideo vobis praecipimus quod Exigi fac' praedictum C. D. de Hust' in Hust' quousque secundum legem & consuetud' hujus regni nostri Angl ' utlaget ' si non comparuit & si, etc. ut in al' Exigent, usque ad respondend' praefat' E. F. de praedicto Placito, Et habeas ibi hoc breve T. etc. Carolus, Vic' L. Salutem, Cum plur ' Breve de Proclamat' superinde eisdem Vic' L. vobis, etc. ut supra in le Exigent usque non fuisset invent' in balliva vestra cunque etiam similiter vobis per breve nostrum nuper praeceperimus quod exigi fac' & praed. If the Proclamation be into a Foreign County, then say as in the first Proclamation in this Book. C. D. de Hust' in Hust' quousque secundum legem & consuetud' hujus regni nostri Angliae utlagaret' si non comparuisset & si, etc. ut in al' Proclamation usque ad respondend' praefat' E. F. de praedicto placito, Ideo vobis praecipimus quod per Statut' Anno, etc. ut in al' Proclamation usque, Et habeat' ibi hoc breve T. etc. Some Directions to the County Palatines and other Jurisdictions, in Writs of general and special Outlawries, Supersedeas, non Molestan', or the like. Camerario nostro come Palatini nostri Cestr. Cestr ' vel ejus locum Tenenti ibidem Salutem, This Palatinate saith my Lord Coke was created by William the Conqueror. Reverend' in Christo patri' N. Dunelm ' Dunelm. Episcopo vel ejus locum Tenenti ibidem Salutem, This soon after that. Cancellar' nostro come Palatini nostri Lancastr. Lancastr ' vel ejus locum Tenenti ibidem Salutem, This by Edward the Third. Locum Tenenti nostro Castri nostri Dover Dover. seu ejus in hac parte Deputat' ibidem Salutem, Praecipimus tibi quod non omitt' propter aliquam libertat' infra Jurisdiction' quinque Portium & duar' antiquar' villar' vel membror' eorundem quin capias, etc. But otherwise when there is a Constable. Justic' nostris Episcopi Elien ' add Placita Insula Elien. infra Insulam Elien ' tenend', ac Senescallo ejusdem Episcopi infra libertat' Insulae praed. & eor' cuilibet ' Salutem, Praecipimus vobis, ut supra. The Writs likewise to the County Palatines aforesaid have some alterations in the bodies of the Writs themselves, and therefore I will here set down one or two Precedents of the general and special Outlawry, that so the difference may appear between them and others, that are not to Palatinates. Carolus, etc. Cancellar' etc. ut in le Le General utlagar' come Pal' Lancastr ' direction, Salutem, vobis mandamus quod per breve nostrum sub Sigillo come Palatin' praed. debite conficiend' & Vic' ejusdem come dirigend' mandari facias eundem Vic' quod non omittet & propter aliquam libertat' come sui quin capiat A. B. nuper de, etc. in Com' suo, utlagat' in London die Lunae prox' post Festum, etc. Anno regni nostri, etc. ad sect' C. D. de placito transgr' super casum si invent' fuerit' in balliva sua & eum salvo custod' Ita quod habeat Corpus ejus coram nobis à die, etc. ubicunque tunc fuerimus in Angel ' add fac' & recipiend' quoth Cur' nostra coram nobis cons' in hac parte, Et habeas ibi hoc breve, T. etc. Et sic in al' come Palatin. Carolus, etc. Cancellar', etc. ut antea Le Special utlagaria eidem Com'. usque propter aliquam libertat' come sui quin per Sacramentum probor' & legalium hominum de eodem Com' suo diligent' inquirat quae bona & Catalla terr' & tenementa A. B. nuper de, etc. in Com' suo habet seu habuit in balliva sua die Lunae, etc. ut in al' usque de placito transgr' super Casum prout Vic' nostri London nobis apud Westm. ad certum diem jam praeterit' mand', Et il' per eor' sacramentum extendi & appreciari faciat juxta verum valor' eor' Et ea quae per Inquisitionem illam invenerit in manus nostras capiat & salvo custod' faciat Ita quod de vero valor' & exit' eor' nobis respond', Et illis, etc. sub sigillo suo & sigillis eor' ut in al' (special Outlawry) usque accepimus, vobis similiter mandamus quod sub Sigillo vestro in forma praedicta mandari fac' eundem Vic' quod praed. A. ubicunque in balliva sua tam infra libertat' quam extra inveniri contigerit capiat, Et eum salvo custod' Ita quod habeat Corpus ejus coram nobis ad praefat' terminum ubicunque, etc. ad fac' & rec', ut antea in le general' Outlawry usque T. etc. & sic in al' come Palatin'. London, ss. A. B. nuper de, etc. attachiat ' Narr' in casu semel recitat ' fuit ad respondend' C. D. de placito transgr' super Casum, Et unde idem C. D. per E. F. Attorn' suum queritur quod cum, etc. & sic recite Tot' Narr' usque, Et inde producit Sectam, etc. London, ss. A. B. nuper de, etc. attachiat ' Bis recitat' in transgr'. fuit ad respondend' C. D. de placito quare vi & armis, etc. & sic recite le breife de original usque ut dicit, Et unde eidem C. D. per E. F. Attorn' suum querit' quod, etc. Et sic recite tot' Narr' ut antea, etc. Narr' devant, usque querit' quod cum Narr' versus un' def' quando alter def' stet utlagat ' praed. A. B. & quidem L. M. nuper de, etc. (Qui quidem L. modo utlagat' existit) indebitat' fuissent (tali die anno & loco) praefat' C. D. in, etc. usque Finem Narr'. Et praed. A. B. per E. F. Attorn' suum Non assumpsit. ven' & defend' vim & injur' quando, etc. Et dicit quod ipse non assumpsit super se modo et forma prout praed. C. D. superius versus eum querit', Et de hoc pon' se super Patriam, Et praed. C. D. similiter etc. Ideo praecept' est Vic' L. quod venire fac' coram Domino Rege à die, etc. ubicunque tunc fuerimus in Angl ' duodecim, etc. de vicinet' de, etc. in come praed. per quos, etc. Et qui nec, etc. ad recogn', etc. Quia tam, etc. Idem dies dat' est partibus praedictis, etc. antea usque Quando, etc. Et dicit Non Cul. quod ipse in nullo est inde culpabilis modo & forma prout, etc. ut antea. Et praedictus A. B. per E. F. Attorn ' Nil' dic' in transgr' vel transgr' super cas ' & agard. de breve de dampn' & Judicium superinde. suum ven' & defendit vim & injur' quando, etc. Et nichil dicit in barr' sieve preclusion' actionis ipsius C. D. praed. per quod idem C. D. remanet inde versus praefat' A. B. in defens' etc.— Ob quod idem C. D. dampna sua versus praefat' A. B. occasione transgr' (vel transgr' super casum) praed. recuperare debeat, Sed quia Cur' dicti domini Regis nunc hic incognit' existit quae dampna praed. C. D. occasione praemissor' praed. sustinuit, Ideo praecept' est Vic' L. praed. quod per sacramentum duodecim probor' & legalium hominum de balliva sua diligent' inquer' quae dampna praed. C. D. tam occasione premissor' praedictor' quam pro mis' & Custag ' suis per ipsum circa sectam suam in hac parte apposit' sustinuit & Inquisition' quam inde ceperint Domino Regi à die, etc. ubicunque tunc fuerit in Angl ' sub Sigill' suis & sigillis eor' per quor' sacramentum Inquisition' ill' ceperint mittant una cum breve praed. eyes inde direct' Idem dies dat' est praefat' C. D. hic, etc. Ad quas quidem tres Septimanas sanctae Trinitatis coram eodem Domino Rege apud Westm. ven' praed. C. D. per Attorn' suum praed. Et Vic' L. praed. videlicet T. B. & W. R. virtut' brevis praed. eyes in forma praed. direct' retornaver' quandam Inquisitionem coram eye capt'▪ per sacramentum xii. probor', etc. apud Guildhall ' return del Inquisition ' Civit' London Scituat' in poroch' sancti Laurencii in veteri Judocisimo in Warda de Cheap ejusmodi Civit' (tali die & anno) per quam compert' existit quod praed. C. D. sustin' dampna occasione praemissor' praed. ultra mis' & Custag ' sua per ipsum circa sectam suam in hac parte apposit' add, etc. Et pro mis' & Custag ' al' ad, etc.— Ideo cons' est quod praed. C. D. recuperet versus praefat' A. B. dampna praed. per Inquisition' praed. superius in forma praed. Judicium superinde. compert' nec non, etc. pro mis' & Custag ' per suis ipsum circa sect' suam in hac parte apposit' eidem C. per Cur' dicti Domini Regis nunc hic ex assensu suo de incremento adjudicat' Quae quidem dampna toto se attingunt ad, etc. Et praed. A. B. (si sit transgr') capiat', etc. (si sit in Casu) in Mi'a, etc. Carolus, etc. Vic' L. Salutem, Cum Le breife de Inquir. de dampnis in transgr. vel transgr' super casum. A. B. nuper de, etc. in Com', etc. attach' fuit essend' in Cur' nostra coram nobis ad respondend' C. D. de placito quare cum, etc. ut in le original' usque ad dampnum ipsius C. decem librar' ut dixit, & inde produxit sectam, etc. taliterque in eadem Cur' nostra, coram nobis processum est quod praed. C. D. dampna sua occasione transgr' (vel transgr' super casum) praed. versus praefat' A. B. recuperare debeat. Sed quia Cur' nostrae coram nobis incognit' existit quae dampna praed. C. occasione praemissor' praedict' sustinuit, Ideo vobis praecipimus quod per sacr' duodecim probor' & legalium hominum de balliva vestra diligent' inquir' quae dampna praed. C. tam occasione praemissor' quam pro mis. & custag' suis per ipsum circa sectam suam in hac parte apposit' sustinuit. Et inquisitionem quam inde ceperit nobis à die, etc. ubicunque tunc fuerimus in Anglia, sub sigillis vestris & sigillis eor' per quor' sacr' inquisition' illam ceperit mittat unacum hoc breve T. etc. Et praedictus A. B. ut infra in le nil Judicium in ejectione firmae per nil dicit versus le casual. ejector' ubi dampna sunt remiss. dicit in transgr' vel transgr' super casum usque indefens. etc. Ideo cons' est quod praed C. D. recuperet versus praefat. A. B. terminum suum praed. adhuc ventur' de & in tenementis praed. cum pertin' Et praed. A. capiatur, etc. & similiter idem C. dampna sua versus praefat' A. occasione transgr' & ejectionis firmae praed. recuperare debeat, Et super hoc idem C. gratis hic in Cur' remittit praefat' A. tam omnia hujusmodi dampna mis. & custag' quae praefat' C. in hac parte adjudicentur quam omne judicium & execution' habend. pro eisdem, Ideo idem A. de eisdem dampnis mis. & custag' sit inde quiet ', etc. Et tantum pet' breve Domini Regis de habere faciend. ei possessionem suam termini sui praedicti adhuc ventur' de & in tenementis praedictis cum pertin' sine dilatione deliberari fac' & ei conceditur, etc. retornabile coram eodem Domino Rege in Octabis, etc. ubicunque tunc Dominus Rex fuerit in Anglia idem dies dat' est praefat' C. hic, etc. Carolus, etc. Vic' M. salutem, Praecipimus Venir' fac' sur exit' junct. tibi quod venir' fac' coram nobis à die, etc. ubicunque tunc fuerimus in Anglia xii. liberos & legales homines de vicinet' de B. in Com' tuo, Quor' quilibet habeat quatuor libr' terr' tenementor' vel reddit. per annum ad minus per quos rei veritas melius scir' poterit. Et qui nec C. D. Gen. quer' nec A. B. nuper de, etc. aliqua affinitate atting' add faciend. quandam juratam int' parts praedictas de placito, etc. quia tam idem A. quam praed. C. int' quos inde contentio est posuer' se inde in jurat' ill. Et habeas ibi nomina jur' & hoc breve T. etc. Carolus, etc. Vic' M. salutem, Praecipimus Distring. Jur. superinde. tibi quod distring' T. G. de, etc. W. H. de eadem, etc. usque xxiv. jur' summonit' in Cur' nostra coram nobis int' C. D. Gen' quer' & A. B. nuper de, etc. per omnes terras & catalla sua in balliva tua, Ita quod nec ipsi nec aliquis per ipsos ad ea manum appon', donec aliud à nobis inde habueris praecept', & quod de exitibus eorundem nobis respond. Ita quod habeas corpora eorum coram nobis à die, etc. ubicunque tunc fuerimus in Anglia, vel * Si in Lond. vel Midd. tunc, Vel coram dilecto & fidel' nostro E. S. Milite Capital' Justic' nostro ad placita in Cur' nostra coram nobis tenend' assign' si prius, etc. apud Guildhall London, (vel in Mid. apud Westm. in Com' Mid. in magna aula placitorum ibidem per formam Statuti, etc. coram Justic' nostris ad Assisas in Com' tuo capiend. assign' si prius die, etc. apud A. in come praed. per formam Statuti in hujusmodi casu inde nuper edit' & provis. venerint ad faciend. quandam jurat' int' parts praed. de placito, etc. Et ad audiend. inde judicium suum de plur' defalt'. Et habeas ibi nomina jurator' & hoc breve T. etc. Carolus, etc. A. B. C. D. etc. salutem, Le Subpoena ad testifican' superinde. Praecipimus vobis quod omnibus & singulis negotiis vestris & excusationibus quibuscunque non obstant' sitis in propr' personis vestris coram Justic' nostris ad Assisas in Com' M. capiend. assign', Si in Lond. vel Midd. tunc ut supra. die Lunae xiii. die J. apud A. in come praed. ad testificand. ea omnia & singula quae secundum notic' & scientiam vestras sciveritis in quadam actione in Cur' nostra coram nobis jam penden' indeterminat' int' C. D. quer' & A. B. nuper de, etc. de placito, etc. Et hoc nullatenus omittat' sub poena centum librar' T. etc. Recordatur per Cur' (tali die & anno) Intratio del discontinuans deal plea in le Count per Quer'. quod idem placitum non habet diem continuationis per eundem Rotulum praeterea quam praed. Octab' Pur', etc. Ideo fiat Placitum praed. ad requisitionem ipsius Quer' discontinuari, etc. Angl' ss. Memorandum quod (tali die Irrotulatio Indentur' cognit. coram Capital Justic' extra Cur'. prox' post, etc. isto eodem termino coram Domino Rege apud W. E. S. Mil. Capital. Justic' Domini Regis ad placita in Cur' ipsius Domini Regis coram ipso Rege tenend. assign' hic recordatur quod (tali die & anno) apud, etc. coram ipso Capital. Justic' ven' G. H. de, etc. Ar' in propria persona sua & protulit coram Capital. Justic' praed. tunc ibidem quandam indentur' quam cognovit esse factum suum, Et petiit quod indentur' ill. ut factum suum coram dicto Domino Rege de recordo irrotularetur, quam quidem indentur' praed. Capital. Justic' per manus suas propr' modo deliberavit hic in Cur' in forma praed. irrotuland. & irrotulatur in hac qua sequitur forma: This Indenture, etc. Angl' ss. Memorandum quoth die, etc. Irrotulatio ejusdem cog. in Cur'. prox' post, etc. ut antea usque apud W. ven' G. H. de, etc. Arm', in propria persona sua, Et protulit coram eodem Domino Rege tunc ibidem quandam Indentur' suam quam cognovit esse factum suum, Et pet' quod Indentur' ill. ut factum suum coram dicto Domino Rege de Recordo irrotularetur, & irrotulatur in hac qua sequitur forma: This Indenture, etc. And this any Filizer hath used to do (as appears by several Records of this Court before recited) although the Lands in the Indenture mentioned lie not in such City or County where he is Filizer. Et praed. A. B. per E. F. Attorn' suum Utlagaria sur' un' Indictm. placît in bar. ven' & defend. vim & injur' quando, etc. Et dic' quod ad breve praed. C. D. respondere non debet, quia dic' quod diu ante impetrationis brevis praed. scilicet xxiii. die Jan ' Anno, etc. praecept' fuit Vic' S. per quoddam breve ipsius Domini Regis quod exigi faceret praedictum C. D. per nomen C. D. de L. in Com' S. Gen' de Com' in Com' quousque utlagaretur si non, etc. Et si, etc. tunc eum caperet & salvo custod. faceret. Ita quod haberet corpus ejus coram Domino Rege (tali die) ubicunque, etc. ad respondend. dicto Domino Regi de quibusdam transgr' & contempt' contra formam Statuti de se bene gerend. edit', etc. unde indictat' fuit & unde, etc. ad quem diem scilicet à die sanc●ae Trinitatis in tres Septim' supradict' J. M. Arm' adtunc Vic' come praed. mandavit coram Domino Rege apud W. quod ad Com' suum S. tent' apud G. in come praed. quarto die Febr ' anno, etc. praed. C. D. primo exact' fuit & non comparuit, Et ad Com' suum S. tent' etc. & sic usque quinto exact' fuit & non comparuit, Et quia idem C. D. ad null. eorum Com' comparuit, Ideo ipse idem C. D. per judicium T. M. Gen' & G. L. Gen' tunc Coronator' dicti Domini Regis praed. come S. utlagat' fuit, Quae quidem utlagar' in forma praedicta promulgat' & habita coram Domino Rege apud Westm ' de recordo adhuc in plen' robore & effectu permanet & existit, Et hoc, etc. unde etc. cum hoc quod idem A. B. verificare vult quod praed. C. D. in forma praed. utlagat' & praed. C. D. in narratione praedicta mentionat' est una & eadem persona & non al. neque diversa, etc. Posteaque scilicet tali die, etc. ven' praed. Replicatio de general' pardon al' utlagar' placitat. C. C. in propria persona sua & reddit se prisonae Marr' Maresc. dicti Domini Regis coram ipso Rege occasione praed. etc. Et statim dic' quod ipse idem Dominus Rex ipsum C. occasione utlagar' praed. impetere seu occasionare non debet quia dic' quod post utlagar' praed. in ipsum in forma praed. promulgat' praedictus Dominus Rex Angliae, etc. ad Parliamentum suum inchoat' & tent' apud Westm ' tali die anno regni sui, etc. authoritate ejusdem Parliament' acquietavit pardonavit relaxavit & exoneravit omnes & singul. subdit' suos & eorum quemlibet de omnibus proditionibus feloniis roboriis offence. contempt' transgr' injur' deception' malis gestur' forisfact' penalitat' & proficuis pecuniarum summis penis mort' poenis, etc. Et hoc, etc. unde, etc. Postea scilicet die Lunae prox' post, etc. Intratio spespecial' pardon' placit' all utlagar. coram Domino Rege apud Westm ' ven' praed. C. D. in propria persona sua, Et dicit quod ipse idem Dominus Rex Angliae, etc. post utlagar' praedictam versus ipsum C. in forma praedicta promulgat' scilicet (tali die & anno) apud Civit' Westm ' in come Mid ' ex gratia sua speciali ac ex certa scientia & mero motu suis per Literas suas Patentes sub magno sigillo suo Angliae sigillat', Cur'que dicti Domini Regis nunc hic ostens. quarum Pardon ostens. Cur. dat' est apud Civit' Westm ' praed. eisdem die & anno pardonavit, remisit & relaxavit omnes & omnimod. utlagar' quascunque versus ipsum C. solum seu conjunct' come aliqua alia persona sive aliquibus aliis personis, Et hoc parat' est verificare unde pet' judicium & quod utlagaria praedicta versus ipsum in forma praedicta promulgat' exoneretur & exoneratur, etc. Et praed. A. B. per E. F. Attorn' suum Abatement placitat' pur 'variante enter le brief de original' & le Count ven' & dicit quod praed. C. D. ad narr' suam praed. responderi non debet, Et pet' auditum brevis praed. & ei legitur in haec verba, ss. Carolus, etc. Quibus lectis & audit ' pur ceo que quer' port son brief prout un' Mil. & Bar' & Count ' ut un' Armiger. idem A. pet' judicium de brevi praed. quia dicit' quod inter praed. breve & narrationem praedictam superinde habitam manifesta variatio apparet pro eo quod praed. C. D. protulit breve suum praed. versus ipsum A. per nomen C. D. Mil. & Bar' & narravit versus eum super breve illud per nomen C. D. Ar' & non per nomen C. D. Mil. & Bar' prout praed. C. narrare debuisset, Et hoc parat' est verificare unde praed. A. ob variation' praed. pet' judicium Cur' dicti Domini Regis hic de brevi praedict', &c, Et praed. A. B. per E. F. Attorn' suum Utlagar' placit' in abatement ad un' breve de exigent alio modo. venit & dicit quod, etc. ut supra Quia dicit quod alias scilicet duodecimo die Februarii anno regni dicti Domini Regis nunc, etc. xxx. in Cur' ipsius Regis coram ipso Rege apud Westm ' in come Mid ' ven' quidem L. M. & per debit' process. legis obtinuisset & prosecut' fuisset quoddam breve dicti Domini Regis de exigi fac' versus praed. C. D. tunc Vic' London direct', per quod quidem breve idem Dominus Rex praecepit eisdem Vic' London quod exigi facerent praed. C. D. per nomen C. D. nuper de, etc. in Com', etc. Gen', de Hust' in Hust' quousque secundum legem & consuetudinem regni dicti Domini Regis nunc Angliae utlagaretur si non comparuisset & si comparuisset tunc eum caperent & salvo custodire facerent, Ita quod haberent corpus ejus coram dicto Domino Rege in Crastino, etc. ubicunque tunc dictus Dominus Rex fuisset in Anglia ad respondend. praed. L. M. de placito quare cum, etc. & sic recite le count usque ut dicit, Et unde iidem Vic' dicto Domino Regi in Octab', etc. tunc ult' praeterit' manned. quoth praed. C. D. non fuit invent' in balliva sua; praetextu cujus quidem brevis praedicti Vic' videlicet J. H. Mil. & F. L. Mil. add praed. Crastinum, etc. eidem Domino Regi apud Westm ' manned. quod ad Hust' praed. tent' apud Guildhall Civit' London tent' (tali die & anno) praedictus C. D. primo exact' fuit & non comparuit & ad al. quatuor Husting' ult' praeterit idem C. similiter exact' fuit & non comparuit, & quia ad nul. eor' Husting' comparuit, Ideo idem C. die & anno supradictis utlagat' fuit. Et idem A. B. ulterius dicit quod praed C. adhuc sic utlagat' existit & quod utlagaria praedicta in plen' robore & effectu adhuc remanet minime reversat' seu adnullat', & hoc parat est verificare per Record' utlagariae praeed. unde pet' Judicium Cur' dicti Domini Regis hic si praedictus C. in hac parte responderi debeat, etc. cum hoc, etc. ut antea in le utlagar' sur un' indictment placit' in Bar', etc. Venit & pet' Judicium de brevi praed. Placit' in abatement quod quer' fuit covert Baron tempore impetrationis brevis originalis. quia dicit quod praed. C. D. tempore impetrationis brevis originalis praed. ipsius C. (scilicet tali die & anno) & continue postea fuit & adhuc est coopert' de quodam W. B. viro suo, qui quidem W. non nominatur in brevi praed. Et hoc parat' est verificare unde pet' Judicium de brevi praed. per ipsum C. per nomen C. D. vid. in forma praedicta impetrat', etc. Venit & pet', etc. ut antea, Quia dicit Simile pur misnomer in le degree del quer. quod praed. C. D. in brevi praed. nominat' est & die impetrationis brevis originalis praed. fuit Generosus, absque hoc quod est vel eodem die fuit Armiger, prout per breve praedictum superius supponitur, Et hoc parat' est verificare unde pet' Judicium de brevi praed. etc. Venit & pet' licenc' inde interloquend. Excommucatio placit' in abatement del brief puis imparlance. hic usque in Crast', etc. & habet, etc. idem dies dat' est praefat' C. D. hic, etc. Ad quem diem coram Domino Rege apud Westm ' ven' tam praed. C. D. quam praed. A. B. per Attorn' suos praed. Et super hoc praed. C. pet' quoth praed. A. ad breve & narration' suam praed. respondeat, etc. Et super hoc praed. A. dicit quod praed. C. ad breve praed. responderi non debet, quia dicit quod praed. C. post ultimam continuationem placiti praedicti (scilicet) post mensem Paschae ult' praeterit' de quo die actio praedicta continuata fuit hic usque ad hunc diem scilicet in Crastino, etc. & ante hunc diem fuit & adhuc excommunicat' existit; Et protulit hic in Cur' Literas testamentarias Reverendi in Christo Patris J. providentia divina Cantuar ' Archiepiscopi totius Angliae Primat' & Metropolitan', quae excommunicatio praed. in forma praed. testantur in his verbis, ss. J. etc. (& sic recite tout les letters de excommunication) Et idem A. pet' quod Actio praedicta remaneat inde sine die quousque, etc. Cum hoc quod idem A. verificare vult quod, etc. (ut antea in le placit' del utlagar' in abatement) est una & eadem persona & non alia neque diversa. Et praed. A. per E. F. Attorn' suum Placitum in abatement quod breve original' impetratur contra formam Registri. ven' & pet' Judicium de brevi praed. quia dic' quoth in brevi illo continetur haec verba, (videlicet) secundum legem & consuetudinem Regni Domini, etc. nunc Regis Angliae ubi in ordine particular' registri essent haec verba, videlicet, Secundum legem & consuetudinem Regni nostri Angliae, Et non sicut in brevi illo continetur, Et hoc parat' est verificare unde ex qua breve praed. formatur & impetratur contra formam ordinis Registri praed. idem A. pet' Judicium de brevi illo, etc. antea, usque quia dicit quod praed. Abatement placit' pur ceo que fuer' deux executor per volunt' & brief de original' fuit port in le nosme de un' eor' tantum. L. M. le Testator per dict' testament' & ult' voluntat' sua constituit & nominavit quendam R. S. Executor' simulcum praed. C. D. testamenti illius qui quidem R. dicto tempore impetrationis brevis original. fuit & adhuc superstes & in plena vita existit, videlicet apud, etc. in Com', etc. Et hoc, etc. ut antea, unde pro eo quod idem R. non nominatur in brevi praedicto idem A. pet' Judicium de brevi illo, etc. Carolus, etc. Vic' M. salutem, Cum Cap' in Withernam ubi sur' plur' breve de homine repleg' vic' retorn' Quer' esse elongat. plur' tibi praeceperimus quod just & sine dilatione repleg' faceres J. S. quem J. M. & W. B. ceperunt & capt' tenent ut dicitur nisi capt' esset ad special. praecept' nostrum, vel capitalis Justic' nostri vel pro morte hominis vel pro foresta nostra vel pro aliquo alio recto quare secundum consuetudinem Regni nostri Angliae non esset replegiabil. vel causam nobis significares quare mandat' nostrum alias tibi inde direct' exequi noluisti vel non potuisti, At tu spretis mandat' nostr' proed. ut accepimus proefat' J. S. replegiari vel saltem causam quare id facere noluisti vel non potuisti nobis significare hactenus non curaveris in nostri ac mandat' nostrorum contempt' manifest' & ipsius J. S. dampnum non modicum & gravamen de quo mirabamus quamplurimum & movem' tibi adtunc proeceperimus firmit' injungentes quod proed. J. S. replegiari faceres juxta tenorem mandator' nostror' proed. prius inde direct' vel tuipse esses coram nobis in Crastino, etc. ult' proeterito ubicunque tunc fuissemus in Anglia Ostensur' quare mandat' nostra proed. toties tibi inde direct' exequi contempsisti, Tuque ad diem illam nobis Le retorn' del plur' honine repleg. retorn' quoth proed. J. S. elongat' est per proefat' J. M. & W. B. ad loca tibi incognit' qua de causa proed. J. S. repleg' non potuisti, Ideo tibi proecipimus, quod in Withernam capias proefat' J. M. & W. B. & eos capt' penes se teneas quousque proed. J. S. per ipsos in forma proed. elongat' prout per retorn' tuum nobis certificasti gratis deliberari voluerit, Et qualiter hoc mandat' nostrum fueris execut' nobis à die, etc. ubicunque, etc. constar' fac' ut ulterius inde fieri fac' prout de jure & secundum legem & consuetudinem regni nostri Angliae fore viderimus faciend. Et habeas, etc. T. etc. Carolus, etc. Vic' L. salutem, Cum Testat' cap' in Withern' sur' plur' breve de homine repleg' supradict. Vic' nostro M. per breve nostrum nuper plur' proeceperimus quod just & sine dilatione repleg' faceret J. S. quem J. M. & W. B. ceperunt, etc. (ut supra usque) vel causam nobis significaret quare mandat' nostrum alias ei inde direct' exequi noluit vel non potuit ac idem Vic' spretis mandat' nostr' proed. ut accepimus proed. J. S. repleg' vel saltem causam quare id facere noluit vel non potuit nobis significare hactenus non curavit in nostri, etc. (ut supra usque) movemus; eidem Vic' adtunc proeceperimus firmit' injungentes quod proed. J. S. repleg' faceret juxta tenorem mandatorum nostrorum proed. prius ei inde direct' vel ipse esset coram nobis in Crastino, etc. ult' proeterit' ubicunque Le retorn' deal plur homine repleg. tunc fuissemus in Anglia ostens' quare mandat' nostra toties ei inde direct' exequi contempsit, Idemque Vic' ad diem il. nobis retornavit quod proed. J. S. elongat' fuit per proefat' J. M. & W. B. ad loca ei incognit' qua de causa proed. J. S. repleg' non potuit, Ideo eidem Vic' praeceperimus quod in Withernam caperet praefat' J. M. & W. B. & eos capt' penes se teneret quousque praed. J. S. per ipsos in forma praed. elongat' prout per retorn' suum nobis certificavit gratis deliberari voluerint, Et qualit' istud mandat' nostrum fuerit execut' nobis a die, etc. Le retorn' deal Cap' in Withernam. ult' praeterit' ubicunque tunc fuissemus in Anglia constare faceret ut ulterius inde fieri faciamus prout de jure, etc. (ut supra usque) faciend. Ac pro eo quod idem Vic' noster Mid ' add diem illam nobis manned. quoth praed J. M. & W. B. non fuer' invent' in balliva sua cum testat' existit in Cur' nostra coram nobis quod praed. J. M. & W. B. latit' & distur' in Com' tuo, Ideo tibi praecipimus quod in Withernam capias praefat' J. M. & W. B. & eos capt' penes se teneas quousque praed. J. S. per ipsos in forma praed. elongat' gratis deliberari voluerit, Et qualit' hoc breve nostrum fuerit execut' nobis in Octab', etc. ubicunque tunc fuerimus in Anglia constar' facias ut ulterius inde fieri fac' prout, etc. (ut supra usque) faciend. Et habeas, etc. T. etc. Carolus, etc. Marr' Maresc' Cur ' Supersed' al' utlagar reversat' quando def. est in Custod. Marr. nostrae coram nobis salutem, Cum nuper Vic' nostri L. per breve nostrum nuper praeceperimus quod exigi facerent W. P. nuper de, etc. de Hust' in Hust' usque de placito quare cum, etc. usque ut dicit praetextu cujus quidem brevis praed. W. P. utlagat' fuit quae quidem utlagaria certis de causis nobis apud Westm ' specialit' moven' reversat' evacuat' & penitus adnullat' existit, Ideo tibi praecipimus quod si ipsum W. P. occasione utlagariae praed. & non al. per te detent' existit tunc ipsum ad largum ire permittas periculo incumbenti, T. etc. Carolus, etc. Vic' M. salutem, Praecipimus Cap. in appeal de Mort. tibi quod capias A. B. nuper de, etc. si invent' fuerit in balliva tua & eum salvo custod. Ita quod habeas Corpus ejus coram nobis in Octab', etc. ubicunque tunc fuerimus in Anglia ad respondend. C. D. vid. quae fuit uxor T. D. de morte praed. T. quondam viri sui unde eum appellat, Et habeas, etc. Middlesex, ss. C. D. vid. quae fuit Intratio inde. uxor T. D. per Attorn' suum juxta formam Statuti, etc. op'tulit se quarto die versus A. B. nuper de, etc. in Comitat' praed. Gen' de morte praed. T. D. quondam viri sui unde eum appellat & ipse non ven', Et praecept' fuit Vic' quod attach ' eum per Corpus suum, Et Vic' retorn' quod non est invent', etc. Ideo praecept' est Vic' quod capiat eum si, etc. Et eum salvo, etc. Ita quod habeat Corpus ejus coram Domino Rege in Octab', etc. ubicunque, etc. Carolus, etc. Vic' C. salutem, Praecipimus Cap' come Proclamatione superinde in le foreign County ou le appellee nominatur in le brief de original pur Statut' de an 8 H. 6. c. 10. tibi quod capias A. B. nuper de, etc. in Com', etc. Gen' si, etc. & eum salvo, etc. Ita quod habeas corpus ejus coram nobis à die, etc. ubicunque tunc fuerimus in Anglia ad respondend. etc. ut in le Cap' supra usque unde eum appellat, Et si praed. A. B. in balliva tua inveniri non poterit tunc juxta formam Statuti in hujusmodi casu edit' & provis' ad duos Com' tuos in balliva tua citra terminum praed. tenend. publicè proclamari fac' quod idem A. B. sit coram nobis ad praefat' Terminum ad respondend. praefat' C. de morte praed. T. D. Et habeas, etc. Carolus, etc. Vic' M. salutem, Praecipimus Exigi fac' superinde. tibi quod exigi fac' A. B. nuper de, etc. in Com' tuo Gen' de Com' in Com' quousque, etc. ut in al. exigent usque ad respondend. C. D. vid. quae fuit, etc. ut antea in le Cap. usque appellat, Et unde tuipse nobis manned. in Oct. etc. ult' praeterit ' quoth praed. A. B. non est invent' in ballivia tua, Et habeas, etc. Carolus, etc. Vic' M. salutem, Praecipimus Cap' in appeal de Robbery. tibi, etc. ut antea in le Capias in appeal de mort, usque ad respondend. C. D. de roboria ipsius C. & pace nostra fract unde eum appellat, Et habeas, etc. Carolus, etc. Vic' M. salutem, Praecipimus Cap' in appeal de Maihm. tibi, etc. ut antea, etc. in le Cap' in appeal de mort', usque ad respondend. C. D. de Maihemio ipsius C. & pace nostra fract', unde, etc. ut antea, Et habeas, etc. Note, That the proceed by way of Appeal in Murder, Robbery, Rape and Maihm, and such like, were heretofore much used, as may appear by divers of the Year-books, and Judgements of Death have been given in them for Murder and Robbery as the Law required, as was lately experienced in an Appeal for Murder brought and tried at Surrey Assizes, and the Appellee executed; and also Damages have been given in them of Rape and Maihm, and the like; and the Subjects (as then so now) are at liberty, and may bring their Appeals in all and the like cases above mentioned. And because by the Statute of the first of Edward the sixth, cap. 10. it is provided that Writs of Proclamations, Outlawries and non molestando, and all other process for or against persons outlawed living in Wales, shall be awarded and directed to the Sheriffs of the particular Counties in Wales, therefore I shall here set down the names of the several Counties thereof and the Towns therein, which are Counties also, and have Sheriffs and their number. The County of Anglesey, Each of these have but one Sheriff. Brecknock, Cardigan, Caermarthen, Caernarvan, Denbigh, Flint, Glamorgan, Montgomery, Merioneth, Pembroke, Radnor, The Town of Caermarthen, 2 Sheriffs. The Town of Haverford West, 1 Sh. By the same Statute it is likewise provided that Writs of Proclamations shall be awarded to the Sheriffs of the County Palatine of Chester and the City of Chester. Some Cities and Towns likewise in England, which are Counties also and have Sheriffs, and their number. The City of Bristol 2 Sheriffs. Canterbury 1. Coventry 2. Exeter 2. Gloucester 2. Litchfield 1. Lincoln 2. London 2. Norwich 2. Worcester 1. York 2. The Town of Kingston upon Hull 1 Sheriff. Newcastle upon Tyne 2. Nottingham 2. Poole 1. Southampton 1. Every other County in England is known to have but one Sheriff, and therefore is here omitted. A Modus for the Testes and Returns of Process by Original Writ. In Termino Paschae. Si le Original. sit retornabile, à die Paschae in xv dies, Tunc Cap' ret' à die Paschae in quinque Septimanas, Teste, The first day of this Term. Alias ret' in Crast' Sanctae Trinitatis, T. The Essoin day of quinque Paschae. Plur' ret' à die Sanctae Trin' in tres Sept. T. The first day of Trinity Term. Exigent & Proclam' ret' in Crast' Animar', T. The last day of Trinity Term. Si à die Paschae in tres Septimanas, Tunc Cap' ret' in Crast' Sanctae Trinitatis, T. The Essoin day of tres Paschae. Alias ret' à die Sanctae Trin' in tres Sept ', T. The first day of Trinity Term. Plur' ret' à die Sancti Mich' in tres Sept ', T. The last day of Trinity Term. Exigent & Procl. ret' in Oct' Pur' beatae Mariae, T. The first day of Michaelmas Term. Si à die Paschae in unum Mensem, Tunc Cap' ret' ut supra in tres Paschae, & T. The Essoin day of Mensem Paschae. Alias ret' ut supra in tres Paschae, & T. ut supra in tres Paschae. Plur' ret' ut supra in tres Paschae, & T. ut supra in tres Paschae. Exigent & Proclam' ret' ut supra in tres Paschae, & T. ut supra in tres Paschae. Si à die Paschae in quinque Septimanas, Tunc Cap' ret' ut supra in tres Paschae, & T. The Essoin day of quinque Paschae. Alias ret' ut supra in tres Paschae, & T. ut supra in tres Paschae. Plur' ret' ut supra in tres Paschae, & T. ut supra in tres Paschae. Exigent & Proclam' ret' ut supra in tres Paschae, & T. ut supra in tres Paschae. Si in Crastino Ascensionis Domini, Tunc Cap' ret' ut supra in tres Paschae, & T. The last day of Easter Term. Alias ret' ut supra in tres Paschae, & T. ut supra in tres Paschae. Plur' ret' ut supra in tres Paschae, & T. ut supra in tres Paschae. Exigent & Proclam' ret' ut supra in tres Paschae, & T. ut supra in tres Paschae. In Termino Sanctae Trinitatis. Si le Original sit retornabile in Crastin' Sanctae Trinitatis, Tunc Cap' ret' à die Sanctae Trin' in tres Sept ', T. The first day of Trinity Term. Alias ret' à die Sanctae Mich' in tres Sept ' T. The last day of Trinity Term. Plur' ret' in Crast' Animar ' T. The first day of Michaelmas Term. Exig' & Procl. ret' in Oct' Pur' beatae Mariae, T. The sixth day of November. Si in Octab' Sanctae Trinitatis, Tunc Cap' ret' à die Sancti Mich' in tres Sept ', T. The Essoin day of Oct' Trin. Alias ret' in Crast' Animar ' T. The first day of Michaelmas Term. Plur' ret' à die Sancti Martini in xv dies, T. Sexto November. Exig' & Procl. ret' à die Paschae in xv dies, T. The last day of Michaelmas Term. Si in Quindena Sanctae Trinitatis, Tunc Cap' ret' ut supra in Octab' Trin', & T. The Essoin day of Quindena Trin. Alias ret' ut supra in Octab' Trin', & T. ut supra in Octab ' Trin. Plur' ret' ut supra in Octab' Trin', & T. ut supra in Octab ' Trin. Exigent & Proclam' ret' ut supra in Octab' Trin', & T. ut supra in Octab ' Trin. Si à die Sanctae Trinitatis in tres Septimanas, Tunc Cap' ret' ut supra in Octab' Trin', & T. The last day of Trinity Term. Alias ret' ut supra in Octab' Trin', & T. ut supra in Octab ' Trin. Plur' ret' ut supra in Octab' Trin', & T. ut supra in Octab ' Trin. Exigent & Proclam' ret' ut supra in Octab' Trin', & T. ut supra in Octab ' Trin. In Termino Sancti Michaelis. Si le Original sit retorn' à die Sancti Mich' in tres Sept ', Tunc Cap' ret' in Crast' Animar', T. The first day of Michaelmas Term. Alias ret' à die Sancti Mart ' in xuj dies, T. Sexto die Novembr. Plur' ret' in Octab' Sancti Hillarii, T. The last day of Michaelmas Term. Exig' & Procl. ret' in Crast' Ascensionis Dom', T. The first day of Hilary Term. Si à die Sancti Michaelis in un' mensem, Tunc Cap' ret' à die Sancti Martini in xv dies, T. The Essoin day of mensem Michaelis. Alias ret' in Octab' Sancti Hillarii, T. The last day of Michaelmas Term. Plur' ret' in Octab' Pur' beatae Mariae, T. The first day of Hilary Term. Exig' & Procl. ret' in Crast' Sanctae Trin', T. The last day of Hilary Term. Si in Crastino Animarum, Tunc Cap' ret' ut supra in mensem Michaelis, & T. Sexto die Novembr. Alias ret' ut supra in mensem Michaelis, & T. ut supra in mensem Michaelis. Plur' ret' ut supra in mensem Michaelis, & T. ut supra in mensem Michaelis. Exigent & Proclam' ret' ut supra in mensem Michaelis, & T. ut supra in mensem Michaelis. Si in Crastino Sancti Martini, Tunc Cap' ret' in Octab' Sancti Hillarii, T. The Essoin day of Crast' Mart. Alias ret' in Octab' Pur' beatae Mariae, T. The first day of Hilary Term. Plur' ret' à die Paschae in xv dies, T. The last day of Hilary Term. Ex' & Procl. ret' à die S. Mich' in tres Sept ', T. The first day of Easter Term. Si in Octab' Sancti Martini, Tunc Cap' ret' ut supra in Crast' Sancti Martini, & T. The Essoin day of Octab' Martini. Alias ret' ut supra in Crast' Sancti Martini, & T. ut supra in Crast' Sancti Martini. Plur' ret' ut supra in Crast' Sancti Martini, & T. ut supra in Crast' Sancti Martini. Exigent & Proclam' ret' ut supra in Crast' Sancti Martini, & T. ut supra in Crast' Sancti Martini. Si à die Sancti Martini in xv dies, Tunc Cap' ret' ut supra in Crast' Sancti Martini, & T. The last day of Michaelmas Term. Alias ret' ut supra in Crast' Sancti Martini, & T. ut supra in Crast' Sancti Martini. Plur' ret' ut supra in Crast' Sancti Martini, & T. ut supra in Crast' Sancti Martini. Exigent & Proclam' ret' ut supra in Crast' Sancti Martini, & T. ut supra in Crast' Sancti Martini. In Termino Sancti Hillarii. Si le Original. sit ret' in Octab' Sancti Hillarii, Tunc Cap' ret' in Octab' Pur' beatae Mariae, T. The first day of Hillary Term. Alias ret' à die Paschae in xv dies, T. The last day of Hillary Term. Plur' ret' à die Paschae in quinque Sept ', T. The first day of Easter Term. Ex' & Procl. ret' à die S. Mich' in tre● ' Sept ', T. The Essoin day of quinque Paschae. Si in Quind. Sancti Hillarii, Tunc Cap' ret' à die Paschae in xv dies, T. The Essoin day of quind. Hill. Alias ret' à die Paschae in quinque Sept ', T. The first day of Easter Term. Plur' ret' in Crast' Sanctae Trinitatis, T. The Essoin day of quinque Paschae, Exig' & Procl. ret' à die S. Mich' in tres Sept ', T. The first day of Trinity Term. Si in Crast' Pur' beatae Mariae, Tunc Cap' ret' ut supra in Quind. Sancti Hillarii, & T. The Essoin day of Crast' Pur. Alias ret' ut supra in Quind. Sancti Hillarii, & T. ut supra in Quind. Sancti Hillarii. Plur' ret' ut supra in Quind. Sancti Hillarii, & T. ut supra in Quind. Sancti Hillarii. Exigent & Proclam' ret' ut supra in Quind. Sancti Hillarii, & T. ut supra in Quind. Sancti Hillarii. Si in Octab' Pur' beatae Mariae, Tunc Cap' ret' ut supra in Quind. Sancti Hillarii, & T. The last day of Hillary Term. Alias ret' ut supra in Quind. Sancti Hillarii, & T. ut supra in Quind. Sancti Hillarii. Plur' ret' ut supra in Quind. Sancti Hillarii, & T. ut supra in Quind. Sancti Hillarii. Exigent & Proclam' ret' ut supra in Quind. Sancti Hillarii, & T. ut supra in Quind. Sancti Hillarii. But note it is best (if your cause of Action in point of time arises so as will permit it) to have all Original Writs to be returnable of the first Return in any Term, for that then the Defendants will be sooner outlawed; Also, take care no Writs or Process be Teste on a Sunday, for dies Dominicus non est dies Juridicus. This Modus will serve as to some retorns of the Originals therein, where the actions are laid in the Counties, as well as where they are laid in London, and where there is not time long enough between the Teste and return of the Exigent, (as is said elsewhere) there must be an Allocatus except at first you make the Exigent and Proclamation of a longer return. And it is a received opinion by some Clerks, that a Term may be skipped or passed over between the Teste and Return of the Exigent as it is in the Modus aforesaid of Hilary Term in an Original returnable in Octab. Sancti Hillarii, there the Teste of the Exigent is the Essoin-day of Quinque Paschae, and it is returnable à die Sancti Michaelis in tres Septimam ' so that Trinity Term is wholly omitted, but others I have known and very good Clerks they have been, that have been of another opinion, and have looked upon it to be a discontinuance in Law to pass over any Term, and I much question their Logic that by doing otherwise yet pretend it to be a continuance, for if no adjournment of any Term can be otherwise than from Term to Term, or from return to return and no proceed by way of entering Writs and continuing them to be given in evidence (in causes where the Statute of Limitations is pleaded) against such Plea, but such continuances must be always from Term to Term, and the like is always observed in the continuance of any Elegit, Scire fac. and such like Writs and in all Imparlances, and also in every Cur' advisare vult, then certainly à fortiori, no Term in any proceed whatsoever by Original Writ ought to be omitted but such Writs always to be made returnable either de retorno in retornum, or de Termino in Terminum, and if otherwise made may create a Moot Point in Law, and doth wholly frustrate the end of making the Writ of Allocatus, which is provided to supply the Defect that sometimes happens and falls out between the Teste and return of the Exigent in not having length of time enough between the same for the Sheriffs to make returns; if in London of five Hustings, or in the Country of five County Court-days, at which the Defendants must be called and do not appear, before they can be returned Outlawed. And that these directions being made for the ease of the Attorneys may not in any sort turn to the prejudice of the Filizers, whom it may be after such Process is made according to the Modus aforesaid, may not be applied unto for the signing of such Writs and Process, and be paid their just and due Fees for the same, give me leave to present you with this Rule of Court following. Dies Sabbati prox' post Crast' Ascensionis Domini, Anno 31. Car. 2. Regis. ss. Ordinat' est quod omnia brevia & Regula generalis. process. quaecunque super brevia original. emanand. ante comparent' Defend. signari debent per Filizar' hujus Cur' secundum consuetudinem hujus Cur' ex motione Magistri Williams. per Cur '. But certainly it belongs to them also to make, and so consequently to sign, other Writs and Process after appearance of the Defendant as well as before, as appears by the Copy of the Presentment of Fees following, where there are Fees set down for these three Writs, viz. Venire fac', Distring ' jur', and Subpoena ad testificand. which none certainly will deny to be Writs after appearance; and although the Exigent post Cap' Supersed. upon reversal of an Outlawry, Scire fac ' of several sorts, nay the very entering of Appearances themselves either general or special, and many other things, as is said before, are omitted out of the said Table, yet they do pari ratione without all dispute belong unto them as Filizers, and it is very easy to prove that anciently they have made out such Writs and Process; and without all doubt whatever is begun on the Writ-side by the Filizer should and ought likewise to be carried on and ended by him, and the Bill-side hath no right at all to intermeddle with it no more than the Writ-side hath to intermeddle with the Bill-side. And now as a conclusion to the whole matter I shall here give you an account of a certain Commission mentioned in the Preface, dated the Second day of February in the fifth year of the Reign of Charles the first (of ever blessed memory) and now above fifty years since, which (out of his Princely zeal and love to his Subjects, and to hinder the growth of extortion in Fees, in all his then Majesty's Courts of Common Law and Civil Law, and all other Courts whatsoever, both superior and inferior, in this his then Kingdom of England and Dominion of Wales, etc.) he was then pleased to grant to several Peers and others of this Kingdom: And that you may observe the solemnity thereof, and consequently, imagine what great stress and weight his then Majesty was pleased to lay upon it, and what respect ought now to be given to it, you have here a Copy of some part of the said Commission, (the whole being above two hundred Sheets of Paper) as it was examined (and attested upon Oath lately made in this Court) with the Record of the whole now remaining in the Chapel of the Rolls; and which follows in these words, Rex, etc. praedilectis & perquam fidelibus Le Commission. Consanguineis & Consiliar' nostris Edwardo Vicecomiti Conway Domino Praesidenti privati Consilii nostri, Henrico Comiti Manchester Custodi privati Consilii nostri, Thomae Comiti Arundel & Surrey summo Marischallo Regni nostri Angliae, Willielmo Comiti Pembroke Seneschallo Hospit' nostri, Edwardo Comiti Dorsett Camerario praecharissimae Consorti nostrae Reginae, Johanni Comiti Bridgwater, Edwardo Vicecomiti Wimbledon, Olivero Vicecomiti Grandison, & praedilecto & fidel. Consiliar' nostro ' Johanni Coke Militi uni principal. Secretar' nostror' & dilectis & fidelibus nostris Roberto Killigrew Militi Vicecamerario praecharissimae Consorti nostrae, Roberto Cotton Militi & Baronetto, Hugoni Middleton Baronetto, Henrico spilman, Thomae Middleton, Johanni Bingley, Willielmo Slingsby, Henrico Spiller, & Thomae Cannon Militibus, Edwardo Ascoghe, Thomae Brett, Nicholas Pay, & Thomae Bridgeman Armigeris, Salutem. Quia dat' est nobis intelligi & in parte verissimum fore invenimus, quod quamplures dilector' subditor' nostr' infra Regnum nostrum Angliae & Principatum nostrum Walliae tam tempore Regni Domini Jacobi beatae memoriae nuper Regis Angliae praecharissimi Patris nostri quam tempore Regni nostri fuer' & in dies sunt injuste onerati & gravati diversis excessivis Feodis & pecuniar' summis & extorsive exactis & receptis per quosdam Attornatos, Solicitatores, Clericos, & al. Officiar' & Ministros in Cur' & foris nostris Judicialibus comunit' tent' apud Westm', etc. Nos intuitu regio haec considerantes & volentes quod Justitia omnibus Subdit' nostris aequalit' & indifferent' administretur cum tanta expeditione & tam minimis expensis quam convenient' fieri posset, Ac quod omnes extortiones, exactiones, corruptiones, dilationes, abusus & enormitates qualescunque exercitat' vel usitat' in Curiis & Offic' praed. vel alibi infra Regnum nostrum Angliae & Principat ' Walliae tam infra libertates quam extra examinentur, explorentur & reformentur, Et qui sic offendisse invenientur aspere & severe corrigantur & puniantur juxta eor' demerita, Et nos ulterius intendentes pro bono & quiet dilector' subditor' nostror' quod omnia antiqua legalia & debita feoda in omnibus Curiis nostris, etc. & in omnibus & singulis Offic' infra Regnum nostrum Angliae, etc. per omnes legales, etc. modos, vias, modos & medios celerrime manifestentur, appunctuantur & stabilientur, ac omnia nova & exacta feoda gratuitates & extortiones sub colore feodor' capt' penitus tollantur, ex quo dilecti Subditi nostri in dictis Cur' nostris negotia habentes non ulterius per hujusmodi extortiones vel exactiones onerentur aut graventur quae de tempore in tempus magis augeantur, nisi remedium opportunum & idoneum citius apponatur: Sciatis igitur quod Nos pro meliori performatione beneplaciti nostri in hac parte, fidelitati, discretioni & integritati vestris plurimum confidentes assignamus vos, tres, vel plures vestrum Comissionarios nostros & vobis tribus vel pluribus vestrum tenore praesentium plenam potestatem, & auctoritatem damus & concedimus ad inquirend. tam per sacramentum probor' & legalium hominum dicti Regni nostri Angliae, etc. per quos rei veritas melius Sciri poterit & inquiri per testium depositiones, ac per omnes alias bonas vias modos & medios qualescunque per quos veritatem explorare melius sciveritis aut poteritis, quot, quae & qualia Officia usitat' tenebantur ac exercebantur in anno Regni Elizabethae nuper Reginae Angliae undecimo aut ullo tempore abind (int' al.) in Cur' add placita coram nobis tenend. etc. quot quae & qualia feoda pecuniar' summa aut summae in dicto anno undecimo Regni Reginoe Elizabethae praedict' usualiter & legitime capt' recept' vel habita fuer' per Judices, Justiciar', Commissionar', Consil. Jurisconsultos, Causidicos vel Offic' aut eor' Deputat' vel Clericos, Registros, Attornatos vel Solicitatores, de vel in praed. Cur' temporalibus & qualibet earum vel ad easdem spectan', etc. Et denique est Regalis nostra voluntas & in mandat' praecipue damus & per praesentes concedimus quod omnia & singula processus, progressiones, revelationes, disquisitiones, Inquisitiones, Depositiones testium sacram' Jurator' ordinationes & omnia alia act a quaecunque capta, habita, facta vel executa, virtute, vi seu tenore duar' prior' Commissionum consimilis tenoris in diversis rebus cum his praesentibus, quarum una concessa fuit per praecharissimum patrem nostrum praed. sub magno Sigillo Angliae geren' dat' octavo die Martii in anno vicesimo Regni sui Angliae, & altera fuit concessa per nos geren' dat' vicesimo octavo die Junii in anno tertio Regni nostri Angliae & omnium aliarum ejusmodi Commissionum exinde concessarum pro Consilii inquisitione de exactionibus, extortionibus, innovatis Officiis & aliis rebus sicut per easdem plenius liquet & appareat erunt in omnibus & ad omnes effectus, proposita, intentiones & constructiones qualescunque valida & legalia ac ejusdem virtutis cum processibus, progressionibus, revelationibus, disquisitionibus, inquisitionibus, depositionibus test' Jurator' sacrament', ordinationibus, & omnibus aliis actis quibuscunque quae virtute & tenore presentium capientur, fient, habebuntur vel exequentur, Et quod hae Literae nostrae Patentes ad omnes effectus, proposita & intensiones tam benigne plene & ample construentur quam nos easdem tenore presentium intendimus & praecise esse volumus; In cujus rei, etc. Teste Rege apud Westm ' secundo die Februarii Anno Regni Regis Caroli quinto, per ipsum Regem. And here you see by this Commission that the Commissioners therein named or any three or more of them, were to inquire and inspect into the Offices and Fees of all the Courts of this Kingdom and Wales, etc. what Fees were taken therein in and since the eleventh year of Queen Elizabeth, and to make use of what former proceed had been made in the like nature by virtue of two former Commissions, the one granted by his Father, King James, in the twentieth year of his Reign, and the other in the third year of his own Reign, as a rule and direction for the said Commissioners to walk by; by virtue of which Commission there was a presentment made the very next year following, for it bears date the two and twentieth day of April, Anno Dom. 1630. which was sexto ejusdem Regis, of all the Officers in this his then Majesty's Court, and of the Fees due and belonging to such Officers, as may appear long since printed (all but the Crown-Office Fees, and somewhat by way of Preface before the said presentment, and somewhat by way of conclusion toward the end of it) both in the Complete Attorney and Complete Solicitor, Books that have been permitted without recall for many years to walk abroad in the World (certainly not to misguide, but) for instruction in the practic part of the Law; and truly, but that I was very unwilling to dismember the said Presentment in regard of the use that may be made of it, else I would have left out some of the Fees that I do admit are inserted in those Books, but not in so plain and easy a method as in this. * Note, As to the Filizer 's Fees those Books and this Presentment do agree in most particulars. In which said Presentment and Books before mentioned the Filizer's Fees of this Court, not only for Writs and Process but for entering of Issues, (among other things) are plainly inserted: And although it be certain there was such a Presentment made, yet it cannot be at present so positively proved or made out as the Commission aforesaid (by which it was taken) is, that being enrolled, but this (as is feared) never was enrolled in this Court, as it ought to have been, and as in the like nature it was done in the Court of Common-Pleas, upon another Commission hereafter mentioned, (some years after) as to the Fees of that Court; but what reason there was for the omitting the enrolment of it in this Court I cannot determine, but leave the Reader to judge as he pleaseth; neither is it to be found affiled to the Commission itself, in the Chapel of the Rolls, nor remaining in the Petty-bag Office in the Chancery, but (as it is believed) the original Presentment itself of all the Courts whatsoever might be left in the hands of some of the Commissioners themselves, and so never returned into the high Court of Chancery, out of which the Commission issued; but that only some abstracts have been taken out of it by the proper Officers of the several Courts concerned therein, and so the same have been heretofore hung up under the then Judges hands in some of the great Offices of each Court. And that such a Table of the Fees of the Officers of this Court, was heretofore hung up in the King's-Bench Office in the Temple was lately proved by an eminent and ancient Attorney of this Court and one of the Clerks of the Office, as before is said they are commonly called for distinction sake, that is to say, a Clerk to the now Chief-Clerk, upon a late Trial at the Bar in this Court between one of the Filizers of this Court and the said chief Clerk, about the right of entering Issues by Original; it is true he could not swear that he had examined his own copy he then produced with the Table that did heretofore there hang up, not knowing that ever he should have had occasion to have proved it a true copy, but did swear then that he had many years since seen such a Table hang up there in a Frame in that very Room where Mr. Hoddesdon, a former Secondary of this Court, sit to sign Judgements, and (as he said) it was believed it was burnt in the late dreadful fire of London, Anno Dom. 1666. and it is most likely it was so, if not lost in removal or some other way or means destroyed or else concealed; But to prove that there was such a presentment (as well as it may) by what footsteps there are of such a thing, and then when that is done it shall be left to the unprejudiced Reader to judge as to the veracity of it as he thinks good, to which end let us go back a little to that Attorney's evidence before given, who said he had his copy (then produced) from one that was his Master, one Simon Harborne, one of the Clerks to the then chief Clerk, and who was one of the Attorneys that presented it upon oath, as you may observe by it; besides there are (at this time) at the least thirty several copies in manuscript now kept by several Clerks of the Office, many of which I have seen, and to what end they have kept them, and what esteem they have for them, or what use they have made of them is best known to themselves, but certainly the pains was very great in transcribing of them, and therefore may be presumed was intended for some use, as to make their Bills by for their Clients, and the like: The copy of which said Presentment followeth in these words, WE whose Names are hereunto subscribed, being sworn before his Majesty's Commissioners for enquiry of new erected Offices and exacted Fees, etc. to inquire and according to our knowledge to give true information to his Majesty's said Commissioners, concerning Offices and Fees in his Majesty's Court of King's-Beech, do inform and certify upon our said oaths as followeth, the 22. day of April, Anno Dom. 1630. What Offices were exercised or what Fees were taken in the same Court in the eleventh year of Queen Elizabeth, we cannot tell, for that our knowledge or memory extendeth not so far by many years, neither have we any direct or certain means to inform ourselves thereof; but the Offices and Fees that in our memories have been exercised and paid in the same Court, and all such as have been innovated and newly erected in the same Court in our memories are here particularly set down. First, Concerning Officers— 1. The Clerk of the Crown, Sir Thomas Fanshaw, Kt. 2. The Prothonotaries or chief Clerks, Robert Henly and Samuel Wightwick, Esquires. 3. The Custos Brevium or Clerk of the Treasury and Nisi prius, Robert Dewhurst and William Mason, Esquires. 4. The Marshal, Henry Mordant, Esq 5. The Filizers of the several Counties. 6. The Crier and Porter, Ralph Fetherston. 7. The Sealer of Writs, Robert Killigrew, Kt. 8. The Receiver of Fines, Henry Mordant, Esq is a new Officer. Concerning Fees; and first, Of the Clerk of the Crown. THE Clerk of the Crown hath, during our memory, had divers Clerks to do the business of his Office, which have been called the Clerks of the Crown Office, which Clerks have always, during our memories, been Attorneys in the Court of King's-Bench, and the Clerks of the King's-Bench have always, during our memories, been Attorneys in the Crown Office. The Fees taken by the Clerk of the Crown and his Clerks during our memories respectively. Imprimis, FOR every person indicted Clerks of the Crown Office. upon any offence, as well criminal as others, for the plea of Not guilty, 02 s. 00 d. And upon information for the like plea, 02 00 Whereof to the Master of the Office, 01 08 And to the Secondary, 00 02 And to the Clerk for entering it, 00 02 And for every Venire fac ' upon the plea Not guilty, 02 00 Whereof to the Master, 01 08 And to the Secondary, 00 01 And to the Clerk for making it, 00 03 And of every person for the continuance of every matter upon indictment or information after issue joined for every Term, 02 00 Item, For every enrolment in a Quo Warranto, for every Roll, 13 04 And as much for the exemplification, if the party desire to have it exemplified the same Term that it is entered, and if it be exemplified after that Term, the Fee belongeth to the Custos Brevium, and not to the Clerk of the Crown. And for every Mark received by the Clerk of the Crown, the Clerk for entry is allowed (and weekly paid his commons), 01 00 Item, For every traverse which cometh out of the Court of Chancery and is enroled, for every Roll, 13 04 Whereof to the Clerk for entry, 01 00 Item, For every other enrolment of any Patent, Grant or otherwise, for every Roll, 06 08 Whereof to the Clerk for entry, 00 06 Item, For all special pleas pleaded unto an indictment or information, and also of all replications or rejoinders, for every Roll, 13 04 But this hath not been usually paid by the Roll, but according to the length of the plea in paper, as near as could be guessed by the same proportion. Item, For every special pardon pleaded and allowed for Felony for entry of the Indictment, 06 08 And for entry of the plea, the pardon, the Writ of allowance, and the judgement thereupon, for every Roll, 13 04 Whereof to the Clerk for every Noble 6 d. And for Gloves for the Judges and other Officers of the Court, 13 04 All persons of quality use to give Gloves of such value and goodness as they please. Item, For the plea of every pardon of course and entry of the pardon, 13 04 And for Gloves, 13 04 Item, For entry of a Writ of error in Felony, 02 00 Whereof to the Clerk for entry, 2 d. To the Secondary for examination, 2 d. And for entry of the Indictment, 06 08 Whereof to the Clerk for entering, 6 d. For entering of every error assigned, 2 s. Whereof to the Clerk and Secondary, 00 04 For the Bail in Court. 05 00 To the Marshal and Crier, 00 08 To the Writer for making the Bail, 00 04 To the Clerk that is towards the cause, 01 08 For the entry of the judgement of reversal of every outlawry or indictment in Felony, 06 08 And for Gloves, as for the allowance of a special pardon. 13 04 Item, For the entry of an Indictment upon a Writ of Error, where the Indictment is not Felony, 04 00 Item, For the entry of the Writ of Error, Exigent and Return, assignment of Errors, Reversal and Bail, the Fees are as in the case of Felony. Item, For the Clerk's pains in drawing of the Errors, according to the length thereof, and the labour bestowed therein, 3 s. 4 d. or, 5 s. etc. Item, For every Imparlance upon Indictment, or other causes, (except Quo Warranto) for every one, 04 08 Whereof to the Clerk of the Crown, 01 08 To the Secondary and Clerk for examination and entry, 00 04 To the Attorney towards the cause, 02 08 And upon every Imparlance upon a Quo Warranto, 06 08 Whereof to the Clerks for entry, 00 06 And the Attorney towards the cause hath 06 08 And for the dismission of every person, upon Indictment for Felony, for insufficiency, 06 08 Whereof to the Clerk for entry, 00 06 Item, For the dismission of every person upon indictment of Riot, Forcible entry, Trespass and such like, 04 08 Whereof to the Clerk of the Crown. 01 08 To the Secondary, 00 04 To the Marshal and Crier, 00 08 To the Clerk for drawing the dismission, and for entering the Roll, 02 00 Item, for every fine the party maketh upon an Indictment 04 08 Whereof to the Clerk of the Crown, 01 08 To the Secondary, 00 04 To the Marshal and Crier, 00 08 To the Clerk for making the Fine bill, 00 04 To the Attorney towards the cause, 01 08 Item, For the Fine upon an information for the King's part, where the Informer hath compounded for his part, 11 00 To the Master, 09 08 To the Clerk for drawing the Protestation, 01 00 The Warrant of Attorney, 00 04 Item, For the entry of every cognition to any Nuisance for Highways and Bridges, and for the Writ of Constar' fac ' thereupon, 09 04 Whereof to the Clerk of the Crown, 06 08 For making of the Writ, 00 04 For making the Fine bill, 00 04 To the Secondary for giving over the Judgement, 00 04 To the Clerk towards the cause, 01 08 Item, For the entering of every Postea which comes from the Judges of Assize, and the judgement thereupon, 08 00 Whereof to the Clerk for entry 6 d. And the like for every Verdict and Judgement upon any trial at the Bar, except special Verdicts, which are paid according to the length of every Sheet, 00 08 Item, For the entry of the submission of every Recusant, his plea and judgement thereupon, 13 04 Whereof to the Clerk for entry, 01 00 Item, For every person bound by recognizance for the Peace, Good behaviour, or Felony, who dieth before day of appearance, upon which the Sureties plead his death, for the Plea, drawing and entering the Judgement, and the Clerk's Fees, 15 04 Whereof to the Clerk for drawing and entering of the plea, 04 04 Item, The Clerk of the Crown (who is the King's Attorney in that Court by Patent) hath also upon his confession upon deposition of Witnesses, 06 08 Item, For every one that is discharged for any debt due to the King for any deodand, Felon's goods, or the like, 04 08 Whereof to the Clerk of the Crown, 01 08 To the Secondary, 00 04 To the Marshal and Crier, 00 08 To the Attorney towards the cause, 02 00 And where the Debt is discharged by any Letters Patent or allowance upon a former Quo Warranto, 06 08 For exhibiting every information, 03 04 Whereof to the Master, 02 04 To the Clerk for making the Information and Writ, 01 00 Item, For an appearance upon information, 03 04 Whereof to the Master, 02 04 To the Poor, 00 01 To the Book bearer, 00 04 To the Secondary, 00 01 To the Clerk for entering the appearance, 00 04 Item, For every copy of any information, or any pleas, the parties pay for every Sheet, 00 08 Whereof to the Clerk for every Sheet writing, 00 02 Item, For copies of Indictments of Trespass, Riot, Force or the like, if it be but short, 02 00 If it be of any length above two Sheets, 03 04 Item, For every copy of Indictment in Felony, 06 08 Item, For the Inrolment of every Writ of excommunicat' capiend. 02 04 To the Master, 02 00 To the Secondary, 00 04 To the Attorney also in the cause, 03 04 Item, For every Capias sued out upon the Writs of excom' capiend, 02 06 All which is paid to the Master of the Office, and the Clerk hath the Attorney's Fee in regard the Writ is very long, 03 04 Also the Attorney that appeareth or doth any act in Court for any Defendant, hath as in all cases at the common Law for his Fee, 03 04 And in Quo Warranto, traverse of Lands Writs of error in Felony being extraordinary cases and but rare, 06 08 Item, For drawing of all Pleas, Replications and Rejoinders, etc. upon Quo Warranto, for every Sheet, 01 00 And for drawing all other Pleas, Replications, etc. for every Sheet, 00 08 Item, For every Writ of Peace or good behaviour, 04 07 To the Master of the Office, 01 08 To the writer of the Writ and Warrant, 00 08 To the Attorney towards the cause, 01 08 To the Secondary, 00 01 To the Under-clerks, 00 06 Item, For the Supersedeas for the peace or the good behaviour, 06 00 To the Master for the Recognisance, 01 08 To the Secondary, 00 04 To the Master for the Writ of Supersedeas, 01 08 To the writer of the Writ and Recognisance 00 07 To the Secondary for signing the Writ, 00 01 To the Attorney towards the cause, 01 08 For every attachment in contempt against any person, 04 00 To the Master of the Office, 01 08 To the Clerk, 01 08 To the Maker of the Writ and Warrant, 00 07 To the Secondary, 00 01 Item, For every Bail taken for appearance, 04 00 To the Master of the Office, 01 08 To the Secondary, 00 04 To the writer for making it, 00 04 To the Attorney towards the cause, 01 08 Item, For the discharge of every person upon any Bail of the Peace, Good behaviour, Contempt, or any other Bail, 04 00 To the Master of the Office, 01 08 To the Secondary, 00 04 To the writer for making the Warrant for discharge, 00 04 To the Attorney towards the cause, 01 08 Item, For every Certiorari for removing Indictments, Informations, Presentments, or any other Record, 04 00 To the Master of the Office, 01 08 To the Secondary, 00 01 To the writer of the Warrant and Writ, 00 07 To the Attorney towards the cause, 01 08 Item, For every Certiorari in Felony, the same Fees, only the Attorney hath over and above the former, his Fee of 03 04 Item, For every Supersedeas of the Peace coming out of the Chancery and allowed in the Court, 04 01 Whereof to the Master, 02 00 To the Secondary, 00 05 To the Attorney towards the cause, 01 08 Item, For the Bail of every person that is brought in upon any Habeas Corpus, 05 02 Whereof to the Master all, except the Secondary, 00 04 To the Marshal and Crier, 00 08 To the Clerk for making the Bail, 4 d. Item, For every Capias utlagat' special. sued out against any person, 04 00 To the Master of the Office, 01 08 To the maker, 00 03 And the Secondary for signing, 00 01 To the writer of the Writ and Warrant, 00 07 To the Secondary for signing it, 00 01 To the Attorney towards the cause, 01 08 These for the most part are made without Fee. Item, For every Writ to remove Prisoners out of any County to receive trial in another, 04 00 Divided as Certiorari and Habeas Corpus are, but most of these are made without Fee pro Rege, Item, For every Writ of Procedend. upon a Certiorari and Habeas Corpus, 04 00 Item, For every Writ of Deuces tecum upon the return of the Sheriff that the party is languidus, 04 00 Divided as the Habeas Corpus. Item, For every Writ De gestu & fama, 04 00 Divided as the Certiorari. Item, For every Supersedeas granted upon an Indictment, or other matter, in case where any person is in exigent to the keeper of the Calendar, if the party make Fine for every name, 6 d. Or otherwise to the Secondary, 00 06 Item, For every Supersedeas granted upon any Indictment, if the party do not make Fine, than the Secondary, 00 06 Item, For every Supersedeas for any person, upon any Indictment of Felony where the party is in exigent, 01 08 To the maker of the Writ, 00 03 To the Secondary, 00 01 Item, For every Writ of restitution to restore a Man to his Lands, Goods or Chattels upon any cause, 06 08 Whereof for engrossing of the Writ, 00 06 Item, For entering the same upon the Roll, 01 00 Item, For every Writ of Supersedeas upon a former restitution wherein the Lands are to be reseized again upon the insufficiency of the Indictment, the Master of the Office hath, 13 04 Of which the Engrosser of the Writ hath 01 00 Item, For every Writ of seizure of Liberties, 13 04 Whereof to the Clerk for making the same, 01 00 Item, For every Writ of Mittimus of a Record transcribed into the Court of Wards or Exchequer, 06 08 Whereof to the writer of the Writ, 00 06 And for the Transcript according to the length of the Record by the Roll, Item, For every Writ of Execution, namely, Capias ad satisfac', Fi. fa ', or Elegit, 06 08 Whereof to the writer of the Writ, 00 06 Item, For every Writ of Non molestand. granted upon Pardon pleaded, or Outlawry reversed, 06 08 Whereof to the writer of the Writ, 00 06 Item, For every Scire Facias sued out by any person for breach of the peace or behaviour, 06 08 To the Writer thereof, 00 06 Also to the Clerk for drawing the Surmise or breach to the length thereof. Item, For every Scire facias in Felony, Diminuc' immediat', etc. 06 08 Whereof to the Writer, 00 06 Item, For every Subpoena ad testific ' attachment upon Information or other ordinary Writ, 04 00 Divided as the Habeas Corpus. Item, For a Ve. fa. de novo upon a traverse out of the Chancery, which is very rare, 06 08 Whereof to the writer, 00 06 Item, For entering of every Rule given in Court, 00 04 And no more for the Copy unless it be of extraordinary length, which is very rare. For examination upon Attachments of Contempt we do not know what hath been anciently taken by reason of the fewness of them, but of late there hath been taken the Fee of, 03 04 And for the Copies of examinations by the Sheet, 00 08 Item, For entering and making a Copy of a licence to the Informer to compound with the Defendant upon any penal Law, 01 00 Besides the Judge's Fee, 02 00 Item, For every Distringas upon a plea of Not guilty, upon Indictment or Information, 02 04 To the Master, 01 08 To the Secondary, 00 01 To the writer, 00 03 For the delivery of the Writ upon Record, 00 04 The Master of the Office hath from his Majesty only the annual Fee of 10 08 00 For the search for every Term, 00 04 For a Jeavous prie for every Clerk for every Term, 00 07 Item, There hath been allowed by the Seal of the King's-bench to the Clerks of the Crown Office at the end of every Term a Breakfast, which they have of late not performed but altogether omitted. For entering and estreating every Rule betwixt party and party from the King's Bench into the Exchequer, 01 00 The Prothonotaries, or chief Clerks, have always, during our memory, had as many Clerks as it pleased them to do the business of their Office, which said Clerks are called Clerks of the Office, and so soon as they are admitted Clerks of the Office they are Attorneys and have been always during our memories in the same Court. The Fees paid to the Prothonotaries or chief Clerks and their Clerks during all our memories respectively. For Writs. For the Latitat. 05 01 The Prothonotaries. Whereof is paid to the Secondary for the Prothonotaries, 01 10 To him for the Judges, 00 08 For the Clerk that writeth it, 00 04 For the Attorney's half Fee, 01 08 For the Seal, 00 07 The Supersedeas, Pro quolibet Magistro office ' 1 s. 8 d. Exigent in appeal, We ' fa ' in appeal, Distringas in attaint ' Habeas Corpus, Certiorari, Procedend. Elegit, Subpoena, Retorn' habend. Withernam, Second deliverance, Restitution, Scire facias, Pro quolibet Magistro office ' 1 s. 8 d. Diminuc' brev. Libello habend. brev. Probibition, Consultation, Proprietat' proband. Distringas ad deliberand. rem detent. Distringas ad inquir' pro valour, Resummons, Reattachment, Ven' fac' in audit' querel. versus partem, Habere fac' seisinam & possession', Respond. in attaint ', Vendic' exponas, Brev' excommunicate ', Brev' de Mittimus, All these are accountable to the Prothonotaries, viz. for every one, 02 00 Out of which they allow the Clerk for writing, 00 04 The Ven' fac. Averment versus Distringas Jur ', Vic', Alias and Plur' Cap ', Fieri fac ', Capias ad satisfac ', Testat ', Inquir' de dampn ', Distringas nuper Habeas Corpus super ce ' Corpus, Vic', Non omit. For every one of these besides the seal, 00 06 And for every Deliberant' de record, 00 04 And for the Jurat of the Distringas of Nisi prius, 00 04 But all these, during our memories, have always been allowed to the Prothonotary's Clerks, and are not accounted for to the Prothonotaries. Damages Clear. In every Action wherein the Plaintiff recovereth damages to the value of 13 l. 6 s. 8 d. or above, he payeth to the Prothonotaries after the rate of 1 s. in the pound for damages clear when his Judgement is signed. Fees due and received by the Prothonotaries and their Clerks for Entries. For every Deed how short soever, 2 s. For every Action of Trespass, 01 00 For every Not guilty, 01 00 For every Justification in Trespass, 02 00 For every Replication, 01 08 For every Action super casum, not above three Sheets, 02 00 For every general Issue to it, 01 00 For every Ejectione Firm, 02 00 For every general Issue to it, 01 00 For a Declaration in appeal, 02 00 For general Issue for every Defendant in appeal, 02 00 For every Recognizance super hab' Corp ' for every Defendant severally, 2 s. For every Deposition upon a Prohibition, 02 00 For every Judgement by circumstant ', 04 00 Out of which the Clerk is allowed, 00 08 For every other Judgement, 02 00 Whereof the Clerk is allowed, 00 04 For every Dismission, 02 00 For every commission in Execution, 2 s. For every Satisfaction, 03 00 For every compaenc' recordat ', 02 00 For every Non pros ', 02 00 For every Action of Debt, Detinue or Account, 01 00 For every general Issue thereunto, 01 00 For every conditions performed, 2 s. For every Replication to it. 01 00 For every script' dedict & pro Custod. script. 02 00 For every Justification in Battery, 02 00 For every Audit' querel. how short soever, 02 00 For every special Imparlance, 02 00 For every general Imparlance upon the plea Roll, 01 00 For every Default upon record, 02 00 For every Suggestion upon a Prohibition, how short soever, 02 00 For every Recognisance to it, 02 00 For every writ of Error how short soever, 03 04 For entering the Errors, 02 00 For entering in nullo est errat ', 02 00 For every Diminution, 02 00 For abatement of a Writ of Error and licence to bring a new, 02 00 For entering the same, 02 00 For every Recognisance single or with Condition, 02 00 For every enrolment whatsoever longer than three Sheets, 06 08 After the rate for a Roll on both sides, 06 08 Or half a Roll, 03 04 For every Bail by Recognisance, 02 06 The Fees for pleading received by the Prothonotaries Clerks, due to themselves as Clerks and Attorneys. For their Fee in every cause for every The Prothonotaries Clerks. Term, as Attorneys as well in the Crown Office as in the Prothonotaries' Office, 03 04 For their Fee also at every Nisi prius, and at every inquiry for damages, 03 04 For their Fee in every Appeal, Assize and Attaint, every Term, 06 08 For drawing every Declaration in Debt, Detinue, Trespass, Account, etc. not exceeding one Sheet, 01 00 If more than one Sheet, every Sheet, 8 d. For drawing every Action upon the case or covenant how short soever, 03 04 For drawing every Ejectione Firm, 02 00 For drawing every Declaration in Ejectione Firm Covenant and upon the case, being above three Sheets, for every Sheet, 00 08 For engrossing in Parchment every Sheet, 00 04 For drawing every Surmise upon a Prohibition, for every Sheet, 01 00 For drawing all special Plead and special Writs, for every Sheet, 00 08 For the copy of every Declaration, Plea, or other thing, for every Sheet, 00 04 For the continuing of every cause every Term, 00 04 For entering of all things above three Sheets, for every Sheet, 00 08 Out of which they pay to the Prothonotaries after the rate of a full Roll on both sides, 06 08 And for a half Roll, 03 04 For entering of every Judgement with Circumstant ', 05 00 Whereof is paid to the Prothonotaries, 03 04 For every other Judgement, 03 00 Whereof is paid to the Prothonotaries, 01 08 For making every Bail, 00 04 For making every Bill of Middlesex every Distringas nuper Vic' and Habeas corpus super Ce ' corpus per prec ' thereupon, 00 08 For making every Habeas corpus ad fac ' and Habeas corpus cum pri' certior' procedend. elegit and habere fac' possession ' besides the 4ds. allowed by the Prothonotaries, 01 08 For every Sheet of every Declaration, or other Pleading recited in a Writ of Damages, 00 04 For every Sheet of any Suggestion, Declaration or other pleading recited in a Writ of Prohibition or Consultation, or any other Writ, 00 04 For the entry of every Scire facias, 01 00 Every Clerk of the Office and their Clerks have allowed them at the end of every Term from the Seal one Writ sealed, not paying any thing, called Jeavous Prie. Every Clerk of the Office upon his account to the Master of the Office at the end of the Term for every Pound he payeth is allowed 1 s. which is termed pro regardis. Paid to the Keeper of the Seal for Bills of Middlesex at our first knowledge. For the sealing of every Bill of Middlesex, The Keeper of the Bill of Middlesex Seal. from the Essoin day until the continuance day, 00 06 From the continuance day until the next essoin day, 00 10 For sealing every Alias and Plur ' Bill, every Habeas corpus super Ce ' corp ' and every Distringas thereupon per prec ', 00 01 But now about ten years' last passed he taketh from the very day the Term ended unto the very day the Term beginneth, 00 10 And for every Alias and Plur ' Bill, Habeas Corpus and Distringas, 00 02 The Seal of the Attachment, 00 01 The Seal of the Cap ', 00 01 The Post diem of the Attachment, 4 d. The Post Terminum of the Attachment, 00 08 For the Seal of a Distringas versus Freeholders, 00 01 Fees received by the Secondary. For taking the acknowledgement of a Secondary. Deed in Court, 01 00 For signing costs upon every Judgement by confession, Nihil dic ', Verdict and Demurrer, 01 00 Also, for acknowledgement of every Deed, for every Judgement pronounced in open Court, every Rule to alter a Visne, for every Rule for an Attachment, Prohibition, Consultation, etc. he receiveth for the Poors Box, 01 00 For allowance of a Writ of Error coram nobis residen ', 02 00 Whereof to the Box, 01 00 For the Allowance of the Writ of Audita querela, 02 00 Whereof to the Box, 01 00 For the common Bail, 01 02 For a special Bail upon Habeas Corpus or a Certiorari upon Attachment, 04 10 Fees received by the Secondary for the Judges. For every Habeas Corpus ad fac' & rec ' Judges. 04 00 For every Procedend. 04 00 For a Certiorari to remove a foreign Attachment, 04 00 For a Procedend. thereupon, 04 00 For every Habeas Corpus cum Privilegio, 03 00 And out of the said Fee of the Lat ' is accounted and paid to him for them, 00 08 Fees received by the Judge's Clerks. Every Judge's Clerk taketh for every Judge's Clerks. Warrant for an Habeas Corpus and every other thing whereunto the Judge putteth his name in the Term time, 01 00 And in the Vacation, 02 00 Also he taketh for the acknowledgement of a Deed before a Judge, which he saith is for his Master, 06 08 And for taking of the Depositions of Witnesses upon a suggestion, for a Prohibition for every Witness, 06 08 He taketh more for his own Fee for the acknowledgement of a Deed, 02 00 He taketh also for his own Fee for every Witness to prove a Suggestion, 02 00 Counsellours Fees Are not certain to our knowledge but Counselors. they usually take for their Fee for every cause ordinarily, 10 00 If they receive more it is of their Clients free gift and not exacted to our knowledge. Sergeants at Law do likewise practise Sergeants. in this Court, and they take some 10 s. for a Fee, some 20 s. or more, as their Clients will give them, and according to the pains they take, but the certainty of their Fee we know not. The Fees paid to the Clerk of the Papers now, who hath been during all our memories one of the Prothonotaries Clerks and appointed by him, and is now exercised by John Hill and John Woodward. For the copying of special Pleas, for every Clerks of the Papers. Sheet, 00 04 For making a paper Book either Issue or Demurrer, for every Sheet, 00 08 Other sums of Money taken by the said Clerk of the Papers. For entering in his Book every Record to be read, 01 00 For entering in his Book every cause to hear counsel at every time, 01 00 For entering every Trial at Bar, 01 00 Which have been taken by the now Clerks of the Papers about six years, and about fourteen years before by the former Clerks. Fees paid all our memories to the Clerk of the Rules, being one of the Prothotaries Clerks, and is now exercised by Nicholas Pluncket. For entering every Rule except general Clerk of the Rules. Rules for answer, 00 04 For a copy of every Rule, 00 04 For every general Rule for answer being in number above three, 00 02 Other Sums of money taken by the said Clerk of the Rules, which he now disclaimeth. For every Rule given in Court, with a copy for a Prohibition or Consultation he taketh 1 s. whereas the due is but 8 d. which hath been taken not above five and twenty years, 00 08 For every Rule, with a copy given in Court the last day of the Term, he taketh 1 s. whereas the due is but 8 d. which hath been taken two or three years, 00 08 For every copy of every Rule after the continuance day he taketh 8 d. whereas the due is but 4 d. which hath been taken two or three years, 4 d. Also such Affidavits as are read in Court he claimeth these two years, or thereabouts, to have the keeping of them, and taketh for copies both of the Plaintiff and Defendant at his own discretion, which formerly hath not been. The Keeper of the Posteas, which is also one of the Prothonotaries Clerks. He hath for the receiving, making and delivery of every Postea, 00 04 The Keeper of the Files of Declarations. In times past the Keeper of the Files of The Keeper of the Declarations. Declarations for every search did use to take for his pains in the keeping and filing of Declarations for every search after the second Term, 4 d. but now by a general consent for the receiving, filing, pying and showing the Files to the Filizers and Clerks he is allowed for every Term of every Filizer and Clerk of the Office, 2 s. and this hath continued thirty years or thereabouts, 02 00 Laurence Coldham, one of the Secondaries Secondaries Clerks. Clerks, for his pains and care in making and keeping the remembrance of the Entries, and for severing and filing of writs, etc. he receiveth of every fellow Clerk of the Office upon his account every Term as a gratuity, 01 00 Walter Carpenter, one of the Secondaries Clerks, for entering notes of the Writs made in the Term time into Rolls of Parchment, every Term every Clerk of the Office giveth what he pleaseth. William Roper, one of the Secondaries Clerks for entering the common Bails into Rolls of Parchment, every Term every Clerk of the Office giveth him what seemeth good to himself. Roger Yardly, one of the Secondaries Clerks, for carrying the Rolls of the Writs to the Hall and Office in the Term time, every Clerk of the Office giveth him what he pleaseth. The Custos Brevium hath always had divers Clerks to do the business of his Office, which are called the Clerks of the Nisi prius Office. Fees paid to the Custos Brevium and his Clerks during our memories. For every Record of Nisi prius in a short Custos Brevium. action of Trespass, 04 06 For every other action how short soever, 05 00 For every full Press of Nisi prius or mittimus, 06 00 For every Nisi prius on the Crown side, 06 08 For every full Press there, 06 08 For every Nisi prius upon an indictment of Murder for every Name that pleadeth to Issue, 06 08 For every short exemplification in Trespass, 10 00 For every Exemplification containing a large Skin, 01 00 00 For the like in the Crown side, 02 00 00 For every Exemplification in Ejectione Firm, 13 04 For filing a Writ being a Post diem on the Angl. 00 04 For a Post Terminum at any time after the first week ended in the second Term, 01 08 For every Warrant of Attorney in Murder, 01 00 For every Sheriff's Warrant, 00 08 For every other Warrant of Attorney, 00 04 For every search for a Roll for ten years' last passed, 00 06 For every search for the same of above ten years' last passed, 03 04 For search for Rolls for the six last Terms, For search for every File of Declarations, Bails, Judicials and other Writs after ten years, 01 04 For the copy of every Sheet between party and party, 00 04 For the copy of a Deed enrolled, for every Sheet, 00 08 For a copy on the Crown side, for every Sheet, 00 08 For a File of the Angl. for every Term after one Term, 00 04 For the copies of every Writ or Appeal, every Sheet, 00 08 Fees now paid to the Custos Brevium his Clerks to be referred to the Table shown us of Fees. For the writing of every Nisi prius or Custos Brevium his Clerks. Mittimus, being but one Press, 01 06 For every Press more than one, 01 00 For writing every Exemplification in Trespass or Ejectment, 03 04 For writing of every large Skin of Parchment exemplified, 06 08 The Fees for writing every Nisi prius and Mittimus were very uncertain until about Anno secundo Jacobi Regis, and then it was ordered by the Judges that the Clerks should have for writing of the first Press, 01 06 And if more, then for every other Press, 01 00 And every full Press to contain sixty lines or thereabouts. The Custos Brevium and his Clerks take the whole Fees for every Press, and yet there is seldom fifty lines in a Press and commonly fewer. The Marshal's Fees, as they were certified by Sir William Knowles, Kt. sometimes Marshal of the King's-Bench, as appeareth by Mr. Antrobus 's Book. Imprimis, For the enlargement of every Marshal's Fees. Prisoner under his charge, which is termed a dismission Fee, 01 00 Item, He demandeth for every Prisoner upon his enlargement a Fine for not wearing of Irons, For Executions, in every Pound, 00 03 For Actions, in every Pound, 1 d. ob. But he agreeth with the Prisoners at lower rates. The Marshal taketh for every dismission more than the former Fee of 10 s. 08 08 The Deputy-Marshal and Marshal's Marshal's Deputy, Men take for every Prisoner that is committed in the Court, 05 06 And for every Prisoner committed from the Judge's Chamber, 02 06 The Deputy-Marshal taketh for the allowance of every Habeas Corpus, 02 06 Moneys and Fees due and received by the Filizers. For every Capias, Alias, Plur', Testat ' Filizers. Exig', Proclam ' and Distringas in Trespass, 00 06 For every Exig ' and Proclam ' in replevin, 00 06 For every pone Capias, Alias, Plur ' and Testat ' in replevin, 00 06 For every Supersedeas upon the mean Process aforesaid, 02 00 For every Capias, Alias, Plur', Testat', Exig' in trespass super casum, every suit qui tam, etc. in every Rapt' Custod. in every Trespass, contra formam ordinationis, every Ejectione firm, and such special Writs, 01 00 For the Proclamations thereupon, 01 00 For the Distringas thereupon, 01 00 For every Capias, Alias, Plur ' in appeal of mahem ', 01 00 For every Capias, Alias, Plur ' in appeal of Robbery, 02 00 For every name in every Capias, Alias, Plur ' in appeal of Murder, 02 00 For every Proclamation in every appeal, 02 00 For every general Capias utlagat' & deliberat' de Record. 00 10 For every special Capias utlagat' & deliberat' de Record. 02 04 For every Resum' habeas Corpus & distringas in attaint before appearance, 02 00 For every Delib' de Record. 00 04 For every Writ of Withernam, second deliverance, and retorn' habend. before avowry, 02 00 For every Ven' fac. 00 06 For every distringas Jur' deliberat' de Record. & Jur' Nisi priùs, 01 02 For every Subpoena upon Issue by original, 02 00 For entry of every Declaration in Trespass by original, 01 00 For entering Not guilty thereto, 01 00 For Entry of every Ejectione firm, and upon the Case, not above three Sheets, 02 00 If longer, for every Sheet, 00 08 For a general imparlance, 00 04 For every special imparlance, 02 00 Copies of Writs of Attaint before appearance, per Sheet, 00 08 They make Bills of Middlesex and all Distring. and Habeas Corpus per prec ' upon them for their Clients as Clerks of the Office may, and take the like Fees for them as they do. All Filizers are Attorneys in the same Court, and may take of their Clients for their Fees, and for drawing and engrossing all Declarations, and for drawing all special plead, and for all copies in such cases wherein they are Attorneys as the Clerks of the Office may, but they may enter nothing on the Prothonotaries Rolls, but a Clerk of the Office must enter for them. He which enjoyeth the Office of Porter and Crier claimeth as due to him and acknowledgeth to have taken by himself and his Deputies in the Court these Fees following. For calling a Jury, 02 00 Crier and Porter. As Crier. For every Oath given in Court, 00 04 For taking a privy Verdict, 04 00 For every argument in Law, 02 00 For every wager in Law, 02 00 When one chooseth his Guardian, 6 d. For a Bail taken at the Bar, 02 00 For calling a Nonsuit; 04 00 For calling the Record, 01 00 For calling a Default, 01 00 When a Pardon is pleaded, 02 00 For every Trial at Bar, 05 00 As Porter. For every privy Verdict, 02 00 For summoning the Wager Men, 03 00 For a Bail taken at Bar, 02 00 For a Record called, 00 06 For a Default called, 00 06 For a pardon pleaded, 02 00 For a discharge of a Rescous, 00 04 For a Bail taking in the Court, 00 06 Of all these Fees above mentioned, claimed by the Crier and Porter, these following have been paid as due during the time of our knowledge. For calling a Jury, 01 00 As Crier. For swearing every Witness, 00 04 For a wager in Law, 01 00 For a Nonsuit, 01 00 For a Default of Record, 01 00 For a Defecit in Lege, 01 00 For summoning the Wagermen, 03 00 Also the Porter receiveth more of the As Porter. Wagermen, where the Defendant wageth his Law or is ready to wage his Law, 12 00 Fees received by the Clerk of the Errors immediately after the Statute of the 27th of Elizabeth. For the Lord Chief Justice his Fee for Clerk of the Errors. the allowance, 17 08 For the Receipt, 05 00 For the Return, 02 00 For the Certificate of the first Press, 06 00 For writing of the first Press, 02 00 For a Supersedeas, 02 07 These Fees amounting in the whole to 01 l. 15 s. 03 d. were paid upon the allowance and for the Supersedeas. For the certifying of it he taketh for every Press besides the first Press, 06 00 For the writing of every Press after the first, 01 00 For the Roll, 01 00 For marking Non pross. upon the Roll, 05 00 Also immediately after the making of the Statute of Anno 3 Jacobi Regis, the Fees taken for the Bail were as followeth upon a Writ of Error. For the Prothonotaries for the Recognizance, 02 00 For the Judge's Clerk, 02 00 For making the Bail, 00 04 For drawing and entering the Recognisance, 04 00 Now, and for the space of 30 years last passed he hath taken upon the receipt of every Writ of Error and Supersed. in a gross sum, 2 l. 6 s. 8 d. Also for certifying every Press besides the last, 06 08 For writing every Press besides the first, 02 00 For every Supersed. besides the first, with the Seal, 09 03 These last Fees were set down by Sir John Popham, late Lord Chief Justice, ex relatione Edwardi Pie, now Clerk of the Errors, but we do not certify it of our knowledge. Also he taketh, and for the space of divers years now last passed, hath taken in a gross sum for every Bail, 19 04 For every Writ of Error, tam in redditione Judicii quam in adjudicatione Executionis, he taketh double Fees. The Fines. There is an Office invented and erected Clerk of the Fines. about the sixth of King James, and now exercised by Henry Mordant, Esquire, whereby is demanded and taken upon the filing of every Declaration in Debt, where the Debt is above 40 l. and not above 100 Marks, 3 s. 4 d. and above 100 Marks and not above 100 l. 5 s. and so more after the same rate; and also every Action upon the Case, Trespass for Goods, where the Damages are laid above 40 l. the like rates so that the Plaintiff or Defendant be not a Person privileged nor the Defendant in Custod. Mar ' whereas before 6 Jacobi Regis in all our memories no such moneys were paid or demanded. The Seal Office. The Officer or Patentee receiveth for Seal Office. every Writ (besides Cap' utlagat ', and other Writs pro Rege, and for Exemplifications and Writs of Privilege). 00 07 And for every Cap' utlagat, 00 01 For Exemplifications, 02 06 For all other Writs pro Rege and for Writs of Privilege nothing. Fees for Trials at the Bar, taken by several Officers as followeth. The Crier for calling the Jury, 02 00 Trials at Bar. For swearing every Witness, 00 04 The Porter for keeping the Doors, 05 00 The Crier for a Nonsuit, 02 00 The Deputy-Marshal, 02 00 The Tipstaffs or Marshal's Men for a Verdict given before the Court riseth, 08 06 If the Jury lie together all Night, 17 08 The Judges Foot-cloth Men 1 s. apiece, 04 00 The Secondary receiveth for a privy Verdict, 13 04 The Secondary receiveth for a Verdict in Court, 02 00 The Money he receiveth for the privy Verdict he saith is thus divided, viz. The Judge that taketh the Verdict, 06 08 To the Secondary, 02 00 And the rest among the Officers that attend, 04 08 Of all the Fees before mentioned, we present these following to be due. To the Crier for calling the Jury, 01 00 For swearing every Witness, 00 04 For calling a Nonsuit, 01 00 To the Deputy-Marshal, 02 00 To the Porter for keeping the Doors, 01 00 To the Secondary for taking the Verdict in Court, 02 00 For a privy Verdict to the Secondary, 13 04 Which is divided as aforesaid. And now they take no other Fees than these last mentioned. We pay into the Crown-Office for estreating every Amercement upon a Sheriff. 01 00 The Clerks of the Office have formerly paid no Fees at the Trials in causes at their own suits, but now they pay for their own Causes as for their Clients. Also there is paid to the Secondary his Clerks by every one of the Prothonotaries Clerks every Term that he faileth to bring in his Rolls within 24 days next following after Trinity Term, Michaelmas and Hilary Terms respectively, and within 10 days next after Easter Term, 1 s. whereas they have always formerly had time to bring them in until the Essoin day of the next Term without Fee. Also there is paid to the Secondary his Clerk for the filing of every common Bail after six days after every Term over and above the due Fee, 4 d. the Table of which several payments last mentioned is remaining in the King's-Bench Office. These be all the matters which for the present we remember, and which we conceive to be within our charge to be inquired of and certified: And we farther certify that every one of us doth not know all and every the Fees and matters herein certified to be true, or that they have been paid of our own proper knowledge, but some of them some of us respectively knoweth of his own knowledge, and some of them we take by relation and information of some others of us that have hereunto subscribed, upon whose information and relation we believe these things to be true. And there have been produced and showed unto us certain ancient Books, or Notes, remaining in the hands of Christopher Hoddesdon, James Tetlowe, Richard Antrobus and Richard Barnett, wherein some of these Fees were written, whereby we are induced to believe the said Fees in the said Books or Notes contained to be anciently due and payable; the Copies of which Books or Notes so to us produced, according to our charge in that case, we are ready to show to his Majesty's said Commissioners, together with this our Certificate. And we do farther certify that we know not of any other Books, Rolls, Deeds, Records, Orders, Tables, Notes, or any other Writings, Memorandums or Warrants which may give any farther testimony concerning the premises, except one Note or Book remaining in the hands of William Langhorn. Robert Redwood. William Harvey. Francis Beard. Laurence Gibson. Christ. Hoddesdon. James Tetlowe. Stephen Bunce. Lewis Bromhall. Robert London. William Tompson. Thomas Farrer. Simon Harborn. Richard Britain. Richard Barnett. William Small. Edmund Denny. Nicholas Tippett. Thomas powel. Richard Antrobus. John Green. John Badger. Felix Wilson. Robert Clark. Ambrose Mudford, Richard Slater. William Jumper. William Leach. Gilbert barrel. John Dobbins. These Fees following were not certified in the former Verdict, but thought fit by most of the Jury, to be left out as things not inquirable or comprehended within their charge. To the Associate for entering a Cause in the Lord Chief Justice his Book. 11 08 To the Sheriff for the Return of the Venire fac ', 00 04 For Return of the Distring ', 02 04 For the Sergeant for summoning the Jury, 03 04 To the Marshal, 02 00 To the Crier, 01 00 To him for swearing every Witness, 00 04 To the Sheriff for a Tales, 02 00 To the Associate for a Tales, 02 04 To him for a Default, 02 04 To the Hall-keeper for the Green-cloth, 01 06 If it be in the Night, to him for Lights, 00 06 To the Bar-keeper, 01 00 To the Sergeant for keeping the Jury, 01 00 To the Jurors, 08 00 Innovated Fees. To the Associate for taking out of a Record not tried, 02 00 Which began first about twenty years past. To him that Readeth the Records and evidences, and taketh the Verdict, 01 00 Which hath continued about thirty years. To the Judge's Foot-cloth and Horsekeeper, for every Cause, 01 00 Which hath been above thirty years. To the Associate for the Return of the Postea. 02 00 If the Verdict pass for the Defendant, or the Plaintiff be nonsuited then there are these Fees taken of the Defendant again. To the Marshal, 02 00 To the Crier, 01 00 To the Foot-cloth keeper, 01 00 To the reader of the Record. 01 00 This use began about nine years past. Also for every Remanet where the Plaintiff is not in default, the Associate taketh for entering the Cause again in the Lord chief Justice his Book if he will have it tried. 11 08 This hath been used above twelve years. Fees paid in our memories for a Nisi prius in Middlesex. To the Associate for entering the cause in my Lord's Book, 11 08 To the Sheriff for the Return of the Venire facias, 02 00 To him for the Summons and the Distr ', 12 00 To the Judge's Marshal, 02 00 To the Crier, 01 00 To him for swearing every Witness, 00 04 To the Sheriff for a Tales, 02 04 To the Associate for a Tales, 02 04 To him for a Nonsuit, 02 04 To the keeper of the Juries, 01 00 To the Porter, 01 00 To the Jury, 12 00 Innovated Fees. To the Associate for Return of the Postea. 02 00 To him that readeth the Record and Evidence, and taketh the Verdict, 01 00 To the Judge's Foot-cloth and Horse keeper, 01 00 This hath continued about 30 years. To the Associate for taking out of a Record not tried, 02 00 This began about sixteen years past. If the Verdict pass for the Defendant, or the Plaintiff be Nonsuited, than the Defendant must pay these Fees following again. To the Marshal, 02 00 To the Crier, 01 00 To the Foot-cloth or Horse keeper, 01 00 To the Reader of the Record, 01 00 This use began about 12 years past. The Marshal's men demand and take for the keeping of the Jury at Nisi prius in Middlesex. 03 06 Which is more by 2 s. 6 d. than is taken in like case in London. Fees paid in our time to the Clerk that draweth up Special Verdicts in London or Middlesex. For drawing it up per Sheet, 01 00 For endorsing it per Sheet, 00 08 For copying it per Sheet, 00 04 Fees paid all our time for drawing a Special Verdict at the Bar. For drawing it per Sheet, 01 00 For Copies per Sheet, 00 04 Fees paid to the Clerk of the Assizes for Posteas in our memories. For returning every Postea the Verdict passing for the Defendant, or the Plaintiff Nonsuited, 02 00 For drawing a special Verdict per Sheet, 01 00 For every Copy thereof per Sheet, 01 00 But now the Clerk of the Assizes taketh for returning every Postea with a general Verdict, 2 s. if it be long and contain divers Issues then more than 02 00 For two Copies, per Sheet severally, 00 08 For engrossing per Sheet, 01 00 Fees paid to the Sheriffs during our memories. For returning a Cepi Corpus. 00 04 For returning a Venire fac ' in London, 00 04 For returning it in any other County, 02 00 For returning a Scire fac ' with a Nichil, 01 00 For returning a Scire fac ' with a Scire feci, 02 00 Finis Feod. de Banc le Roy. THese were Attorneys (no doubt) of the greatest knowledge in those times, and most fit to be concerned in such an Inquiry after the Fees of that Court wherein they were Attorneys: The three first were Clerks in the Crown Office, as I have been informed; Hoddesdon was afterwards Secondary of the Court, Small of Furnival's-Inn, Denny of Clifford's-Inn, Slater one of the Clerks of the Nisi prius Office in this Court, Leech was the now Secondary's Master, barrel Clerk of the Rules; some of these I knew, and the greatest number of them that did so present as aforesaid were Clerks to the then chief Clerks, and it may be some of them were well known to some of the now Judges Officers and Attorneys of this Court, and it is strange that they should not understand well their Master's Fees above all others; and yet these Attorneys have presented those Fees for entering Issues by Original to be due to the Filizers which the now chief Clerk claims to be due to him, and the same Attorneys that presented theirs, at the same time presented the then chief Clerk's also; which Fees cannot be admitted to be his due and the Filizers Fees presented denied to be their due, except it must be presumed they swore right and were very honest men as to one part of the said Presentment, and perjured and very dishonest men as to some other part of it; which cannot be, for Juramentum est indivisibile, & non est admittendum in parte verum & in parte falsum, as my Lord Coke hath it in his 4. Inst. c. 64. But (as is said before) the original Presentment cannot be found, whether it be burnt, or mislaid, or kept secret, or what is become of it is hard to determine, although it hath with great care and pains been sought after, and if it shall not in some short time be brought to light it may be an inducive cause hereafter, I hope, to our most gracious Sovereign Lord the King that now is, to grant another like commission when he in his abundant Princely wisdom and goodness shall think fit, that so there may be a standing Rule for the future by which the Fees of this Court may be taken and thereby all extortion avoided. But that all the Fees that do belong and have been usually paid to the Filizers of this Court in their several capacities, are not mentioned in the said Presentment, is very plain and obvious in that these following are casually omitted; that is to say, there is no Fee inserted for the entering of the appearance, either general or special, nor for the Writ of Allocat ', nor for the Scire fac ', nor for the length of any Writs or Process, nor for the entering of any such Writs or Process, nor for the transcribing of the special Outlaries with Inquisitions returned into the Exchequer, which as Clerks of the Outlaries they ought to do, as well as the Clerk of the Outlaries in the Common-Pleas, nor in case there be more than four Names in a Writ, (except Men and their Wives) then to pay double Fees as now is paid (if it be so) for Latitats nor for any Distring ' against a Peer, against a Corporation, or against a Hundred, nor for any Testat' Distring ' or Testat' Pone, nor for any Writ of Homine replegiando, or Capias in Withernam thereupon, or Testat' Capias in Withernam, and divers other things as Inrolling of Indentures and the continuance of Process, and the like; but Bernardus non vidit omnia. And it is certain the Filizers have made and do make all and singular the Writs and Entries above mentioned, as is before proved, and therefore certainly some Fees are due to them for so doing, but what the due Fees are herein I cannot set down, because I know them not in particular, but shall leave them to the Judgement of the Judges of this honourable Court to determine what the Filizers ought to have in such cases, only the Reader may observe, if he pleases to look back into the aforesaid Presentment, and there among the Filizer's Fees he will find that for entering of Issues, if they were above three Sheets they are allowed there 8 d. per Sheet: And likewise the said Presentment mentions a Fee for every Writ of Withernam, second Deliverance and Retorn' habend. before Avowry, which seems to imply as if the Filizers had nothing to do with it after Avowry; if so, how comes it to pass that since the said Presentment was made they have entered Replevins, Avowries and Pleas in Bar thereunto, and Judgements thereupon, on their Filizer's Rolls, as may appear among the many Entries of Issues by Original Writ before recited; for the very next Term after it was made, to wit, in Trin. 6 Car. 1. one Gosnold, Filizer of Suffolk, entered a Scire fac ' in replevin and in Hill. 7 ejusdem, Nil dic ' in replevin entered by the Filizer of Somersetshire, in Hil. 12. one Eveleigh, Filizer of Devon, entered two Issues in replevin, and in Pasch. 14. ejusdem, Rot. 7. one Wright, Filizer of Sussex, entered a Replevin with an Avowry, and Plea in Bar and Judgement for the Avowant, and a Writ of Enquiry for Damages awarded, in Mich. 14. the like by pain, Filizer of Sussex, in Hil. following the like by the said pain, Trin. 15. an Issue in Replevin by the said pain, in Hil. 17. Rot. 22. one Blincoe, Filizer of Somersetshire, entered a Replevin with an Avowry and Plea in Bar, in Hil. 1652. Rot. 16. one Woodeson, Filizer of Yorkshire, entered a Judgement in replevin, with a Retorn' habend. and a Cap. in Withernam awarded, in Hil. 1655. Rot. 12. one F. Gregg, Filizer of Derbyshire, entered a special Plea in replevin, and Non pros. superinde, and Retorn' habend, in Trin. 1657. Rot. 14. the aforesaid pain entered three several Declarations in replevin, and for want of Avowries several Writs of Pone are awarded, in Pas. 23 Car. Regis nunc Rot. 16. one Bathurst, Filizer of Kent, entered a Judgement in replevin, a Retorn' habend. Averia elongat ' and a Cap. in Withernam awarded, and many more might be here inserted but these may suffice. And whereas the said Presentment (prima fancy) may seem likewise to contradict itself (which well considered upon a review of the whole matter it doth not) in that there is set down some Writs of the same nature and by the same names, to belong both as well to the chief Clerk, or Prothonotary, as also to the Filizers, and among others I shall observe these, as namely, the Supersedeas, Habeas Corpus, Process in appeal, Subpoena, Resummons, and the like; now to reconcile this seeming contradiction, the Reader is to take notice that these last mentioned Writs, and such like other Writs also, may and do belong to the chief Clerk, or Prothonotary; when the Action is commenced by Bill without Writ, (as it is elsewhere observed that upon a Scire fac ' to revive a Judgement by Bill, it is always said per Billam sine Brevi nostro ac per Judicium ejusdem Cur' recuperasset, etc.) So when it is commenced by Writ, that is to say, original Writ out of Chancery, then may and do the said last mentioned Writs and other such like Writs also belong unto the Filizers, to instance in one particular and more plainly as to this matter, in that of Appeal, my Lord Coke saith in his 3 Inst. Cap. 105. fol. 237. of Pardons, that in an Appeal of Death, Robbery, Rape, etc. the King cannot pardon the Defendant and his reason there given is, for that the Appeal is the Suit of the party to have revenge by death, and whether the Defendant be attainted by Judgement, etc. or by Outlawry, the pardon of the King shall not discharge the Defendant; and the reason certainly is very strong and prevalent. Now the Appellors may sue such Defendants or Appellees rather, by way of Appeal either by Writ or by Bill, as the said Lord Coke saith in his said Inst. Cap. 50. fol. 114. of Clergy, speaking of the Statute that gives it, that that act extendeth not to Appeals by Writ or Bill nor to Appeals of the Approvers, and the late Reverend and Learned Judge Hale, in his Book of Pleas of the Crown, fol. 179. Title Appeals, saith that they are of two sorts, by Writ and by Bill; touching Appeals by Bill, saith he, they may be prosecuted in this Court, against any that is in Custod. Marescalli, or let to Bail, they are the Sovereign Coroners; and in many other cases there expressed, which I here omit; because the matter of Appeals being very large and copious in its own nature may deserve hereafter to be spoke to by itself. And I should not have said thus much now, had it not been to set forth how that the Writs aforesaid and other such like Writs agreeing both in their name and nature, and being presented in the said Presentment of Fees; may both belong to the chief Clerk, or Prothonotary, when proceed are by Bill and not otherwise, and to the Filizers when they are by Writ and not otherwise, etc. There was also another Presentment made about eight years after that (and why so soon after it I cannot imagine) for it is dated the 24. day of November, Anno Dom. 1638. by virtue of his said Majesty Charles the first his command signified to the then Lord Keeper and Judges, in these words. It is his Majesty's pleasure that the Judges of all his Majesty's Courts at Westminster, that have accustomed to impannel Juries (of the Officers and Clerks of the same Courts) to inquire of matters concerning the same Courts, shall impannel such Juries this Term, and inquire what Fees have been taken in such of his Majesty's Courts of Justice by the several Officers of the same Court, by the space of thirty years last passed, upon Certificate whereof his Majesty will take such course for the settling of those Fees in the said several Courts as to his wisdom shall seem meet: And the Lord Keeper is not only to perform this his Majesty's pleasure in the Court of Chancery, but to signify the same his Majesty's pleasure to the Judges of the other Courts that they may perform the same this Term. At the Court of Whitehall, October the 17. 1638. Francis Windebanck. These are the very words of his then Majesty's Command, in Obedience whereunto within four days of the end of that Term another like Presentment was made, a Copy whereof I now have in my hands, and it follows in these words. A Presentment upon Oath of all such Fees and Payments as now are, and by the space of thirty years now last passed have been used to be taken by the several Officers, Ministers or Clerks of the Court of King's-Bench, hereafter mentioned, as belonging or claimed to him or them, by reason of his Office, Place or Clerkship by Us whose Names are hereunder written. The 24. day of November, 1638. In which Presentment (among all the other Officers Fees of this Court, which for brevity sake I omit) is presented the same Fees over again (as in the former Presentment) due to the Filizers of this Court, under this very same expression (as before) viz. moneys and Fees due and received by the Filizers. And at the bottom of the said last Presentment, it is thus concluded. These be all the Fees for the present we remember, saving to the Court all such rights and Fees as we remember not, and may happen according to the extent and jurisdiction of the Court, and we know of no Fees taken, begun enhanced, increased or innovated, within the space of thirty years now last passed. * Chr. Hoddesdon. John Woodward. * Simon Harborn. Reynold Bryan. * William Jumper. Laurence Coldham. William Hubbold. Thomas Lethbridge. * Laurence Gibson. * Richard Antrobus. * Edmund Denny. George Merefield. * William Small. Thomas Dawborn. and, Nicholas Wemm. These were the Names of the then Jury of Attorneys, the first of them was Secondary of this Court soon after, and I desire the Reader to take notice that seven of them (thus * marked) were of the former Jury, six of them I knew, and I believe many more of them were known to the now Judges or Officers of the Court, and all or the most of them Clerks to the then chief Clerks; but I shall urge that reason no farther, only I observe that by virtue of the said Mandate from his then Majesty there was the like Presentment made of the Fees in the Court of Common-Pleas, * Note the prudent care of that Court to enrol their Fees. and enrolled upon Record in that Court, as by the Records of Michaelmas Term, 15 Car. primi, Rot. 889. may appear, and it had not been amiss certainly if it had been so in this, but it seems this was omitted also; and I find by some printed Rules and Orders of this Court, made and published in Michaelmas Term, Anno Dom. 1654. by the then Judges thereof, namely, roll, Ask and Newdigate, before mentioned, amongst other things it was ordered that a Jury of able and credible Officers, Clerks and Attorneys once in three years be impanelled and sworn to inquire, first of the points usually inquirable by Writ, viz. Falsities, Contempts, Misprisions and Offences; Secondly, Of such who have been admitted Attorneys or Clerks, and are notoriously unfit, their names to be presented to the Court and they to be punished or removed, as the case shall require; Thirdly of new or exacted Fees, and of those that have taken them under whatsoever pretence, and to prepare and present a Table of the due and just Fees, that the same may be fixed and continue in every Office, and likewise for the marshalsea, and that some persons be enjoined and sworn to give evidence, (viz.) some Clerks of the Court, and some Attorneys in every County, not excluding others. And no doubt but hereupon some Presentments were likewise made in this Court, but what became of them is unknown: And whether it be not fit that such Rules and Orders should still be made and continued in this Court, and duly put in execution, I do most humbly refer and submit to the Judgement and opinion of the now most Learned and Reverend Judges of the same. The Names of the present FILIZERS, and where most of them are resident. Bedfordsh. Edw. Smith, at his House over against the Blue Bore Inn in High-holborn. Berks. Robert Hastings, at his house in White-chapel. Bucks. Cantabr. James Fuller, of Clifford's-Inn. Cornub. The same. Cumbr. The same. Derbysh. Thomas Statham. Devon. John Green, in Ship Yard in Bartholomew-Lane. Dorset. John Martin. Ebor. George Woodeson, at Mr. Tho. Gallowe's Chamber in Clement's-Inn. Essex. William Twyford, at the Woolpack in the Poultry. Glouc. John Try, of Gray's-inns. Heref. William Hastings, at his house in Hatton Garden. Hertf. William Ravenhill, at Grocer's Hall. Huntingt. Kent. Thomas Bathurst, at Mr. Oade's a Scrivener in Breadstreet Hill. Leicest. William Benson, at his House in Shoreditch. Lincoln. John Browning, at the Crown in Kingstreet by Guildhall. London. John Try aforesaid. Middles. The same. Monmouth. John Smith, next door to the Crown in the Poultry. Norfolk. William Avery, at Gray's-inns. Northamp. Godfrey Wildbore, at Mr. Heart's Chamber in Clifford's-Inn. Northumb. James Fuller aforesaid. Nottingh. The same. Oxon. Henry Dodd, in the Paper Buildings in the Inner Temple. Rotel. James Fuller aforesaid. Salop. Bazil Hearne, at his House in Basinghall Street. Somers. Robert Randall, at Mr. Abbington's in Coleman Street. Southamp. Francis Caplyn, at his House in Wineoffice Court in Fleetstreet. Staff. Michael Martin. Suffolk. James Fuller aforesaid. Surrey. John Try aforesaid. Sussex. Richard Aylwin. War. James Fuller aforesaid. Westmorl. John Hind, at the Horns in Bell Yard. Wigorn. Wilts. Samuel Porter, in Star Court in Friday Street. Civ. Cant. C. Cou. C. Bristol. John Ayres, at Mr. Philip's. House in Wandall Court in Blackfriar's. C. Ebor. C. Exon. C. Glouc. Henry Ewen. C. Lincoln. C. Litchf. C. Norw. C. Wigorn. Vil. Not. William Bennet. V Kingst. super Hul. William Osborne. V South. Francis Caplyn aforesaid. V Pool. V. nov. Cast. super Tin. And where it happens that there is no Filizer, any other of the above named Filizers may make out the Process, and the Teste of the chief Justice is sufficient, although without any Filizer's name to the same; and such Filizer may also do and perform all other matters whatsoever subsequent or belonging thereunto, that so a failure of Justice in the proceed may be prevented. And when any change shall happen in any of the aforesaid Filizers by death or otherwise, or any admitted into the vacant places, it may be known of the Keeper of the Sign of the Latitats in this Court, who keepeth a Book of the Names of the Filizers, Clerks of the Office and Attorneys at large of the said Court, and the time when they were admitted. FINIS. THE TABLE. THAT the practice by Original Writ is of very great antiquity in the Court of King's-Bench, Page 1. That it prevents in a great measure the delay of Execution after Judgement had and obtained, 6. That against some sort of Persons, and in some sort of Actions, there is no other way to proceed in the said Court but by Original Writ, 9 That it is most agreeable to the Statute lately made for setting forth the cause of Action in the Writ, 13. That the Filizers of the said Court have not only made and entered on Record Writs and Process by Original, but also entered Declarations, Imparlances, Issues, Judgements, and divers other proceed thereupon, and also have enrolled Indentures, and all this upon their Filizers Rolls, 19 Some directions in the way of practice by Original Writ in this Court, 55. The King's Majesty's Fines upon Original Writs, 59 Also how to appear for the Defendant, either upon Arrest, or upon the Exigent, or upon the Reversal of the Outlawry, 67. How to reverse an Outlawry by Writ of Error, 74. How to proceed to the Outlawry after judgement, 77. Somewhat concerning Imparlances upon Suits brought by Original Writ, 79. How to plead an Outlawry either in Abatement or Bar of any Action, 84. Where Suits by Original Writ ought to be laid, and when the Visne may be altered, 86. How to proceed so as to have a special Capias utlagat ' together with the Inquisition thereupon taken, sent into the Exchequer, and to get a Lease from the King of the Defendant's Lands. 88 Somewhat concerning the drawing of Declarations by Original Writ, 91. The manner of removing Actions or Plaints out of inferior Courts into this Court, and after that how to proceed in them, 93. Some reasons impartially offered to show how it hath come to pass that the practice in this Court by Original Writ hath decreased and that by Bill increased, and what hath occasioned some Entries of Issues and other proceed to be made, as well on the chief Clerk's Rolls as on the Filizer's Rolls, 97. Some Precedents of frequent use, both of Writs and the Entries thereupon, and also Declarations, Imparlances, Issues, Judgements and Defaults, and other proceed in Actions brought by Original Writ, and entered by the Filizers, 111. Le Capias, Alias, Plur' & Exigent, 112. Le Foreign Proclamation, 113. Le Allocatus, 114. Le Supersedeas quia improvide, ibid. Le general Cap' utlagat', 115. Le special Cap' utlagat', ibid. Intratio separal' process. de Cap', Alias & Plur', Exig' & Proclam' & utlagaria reversat' superinde, 116. Le special' Bail sur reversal del utlagaria, 121. Le special' Bail sur Arrest, ibid. Supersedeas sur' reversal del utlagar' pro defectu Proclam' ubi bona & catalla Def. capt' fuer' per Breve de special Cap' utlagat' devant le reversal, 122. Aliter ex assensu Attorn' pro Quer' sur' Def. imposition' Ball' coram un' Justic' Cur', 123. Breve de Cap' add satisfaciend' Exigent superinde, 124. Exigent post Cap' puis un recovery pro dampnis in Commun' Banco, & affirmetur in Cur' hic sur' brief de Error, 125. Breve de Pone sur' un' brief de Recordare, ibid. Intratio inde, 126. Breve de Distring ' super pone praedict. ibid. Distring ' envers un' Peer, 127. Testat' Distring ' sur' nichil retorn' envers un' Peer, ibid. Testat' Pone sur' tiel retorn' envers un' Peer, ibid. Distring ' versus un' Corporation vel Hundred, 128. Un' special Cap' ad arrest', ibid. Intratio inde, ibid. Testat' Cap' superinde, 129. Intratio inde, ibid. Supersedeas in abatement del brief de Exigent, quia Def. in ill' nominat' Miles, quando fuit Miles & Baronettus, 130. Breve de Exigi fac' post un' Pone & Cap' retorn' fuer' & Def. in contempt' Dom' Regis, 131. Breve de Certiorar' Vic' L. pro eo quod Exigi fac' casualit' perdit' est super quo Def. fuit retorn' utlagat', 132. Distring' & Proclam' en un' brief envers un' Corporation, 133. Intratio de Imparlance in ascun action per original, ibid. Scire fac' sur' pardon utlagar' per Statut', 134. Retorn' superinde, 135. Retorn' habend' ubi Quer' fec' defalt', ibid. Intratio inde, 136. Retorn' habend' alio modo ubi Quer' fecit defalt' & breve de inquir' de dampnis, 137. Simile inquir' de reddit' aretro & valor' Averior' capt' post suggestion' Def. in natur' Cognition pro quodam annual' reddit secundum Statut', 138. Breve de secunda deliberatione, 139. Non omittas, 140. Intratio inde, 141. Distring ' ball' super cepi Corpus, ibid. Intratio inde, 142. Intratio de languid' in Prisona super un' Capias, 143. Habeas Corpus licet languidus, ibid. Intratio de amerciament' Vic' pro non retornand' breve de Cap', Alias aut Plur', etc. 144. Distring ' nuper Vic', ibid. Intratio inde, 145. Non pros' pro defectu Nar' post comparentiam super Exigi fac', 146. Breve de Cap' in Withernam sur' plur' repleg', ibid. Breve de adjournament' fact' per les Filizers, 148. Le Retorn' per Vic's superinde, 149. Breve de Distring ' versus un' & post un' Essoin versus al' in un' quare impedit, 149. Intratio inde. 150. Breve de Pone post Essoin & un' distring' in consil' casu, 151. Intratio inde, ibid. Le entry deal general appearance, 152. Consil' del special' appearance ou special' Bail, ibid. Scir' fac' versus le Manucaptor' superinde, 153. Simile sur' utlagar' puis pardon le Roy, 154. Exigi fac' versus un' Def. ubi aliter Def. capt' fuit per plur' & comparuit super cepi Corpus retornat', 155. Breve de Proclamation superinde, 156. Separal' directiones come Palatin' & aliis jurisdict' ut Cestr' Dunelium, Lancastr', Dover & Insul' Elien', pro brevibus & process. etc. 157. Le general' utlagar' come Pal' Lancastr', 158. Le special' utlagaria eid' come, ibid. Nar' in casu semel recitat', 159. Bis recitat' in transgr', 160. Nar' versus un' Def. quando alter Def. stet utlagat', ibid. Non assumpsit, ibid. Non Cull ', 161. Nil dic' in transgr' vel transgr' super casum, & agard de breve de dampn' & Judicium superinde, ibid. Le brief de inquir' de dampnis in transgr' vel transgr' super casum, 162. Judicium in ejectione firm per nil dicit versus le casual ejector ubi dampna sunt remiss. 163. Venir' fac' sur' exit' junct', 164. Distring ' jur' superinde, 165. Le Subpoena ad testificand' superinde, 166. Intratio discontinuance del plea in le Count per quer', ibid. Irrotulatio Indentur' cognit' coram Capital' Justic' extra Cur', ibid. Irrotulatio ejusdem cognit' in Cur', 167. Utlagaria sur' un' indictment placit' in bar ' ibid. Replicatio de general' pardon all utlagar' placitat', 169. Intratio special' pardon' placit' all utlagar', 170. Abatement placitat' pur 'variance enter le brief de Original' & le Count pur ceo que quer' port son brief prout un' Mil' & Bar' & Count ' ut un' Armiger. ibid. Utlagar' placit' in abatement ad un' brief de Exigent alio modo, 171. Placit' in abatement quod quer' fuit covert Baron' tempore impetrationis brevis Originalis, 173. Simile per misnomer in le degree del quer ' ibid. Excommunicatio placit' in abatement del brief puis imparlance, ibid. Placit' in abatement quod breve original impetratur' contra formam Registri, 174. Abatement placit' pur ceo que fuer' deux Executors per volunt', & brief de original' fuit port in le nosme de un' eor' tantum, 175. Cap' in Withernam ubi sur' plur' breve de homine repleg' Vic' retorn' quer' esse elongat', ibid. Testat' cap' in Withernam sur' plur' breve de homine repleg' supradict', 177. Supersed' all utlagar' reversat' quando Def. est in custod. Mar', 178. Cap' in appeal de mort', 179. Intratio inde, ibid. Cap' come Proclamatione superinde in le foreign County, ou le appellee nominatur in le brief de original' per Statut' de An. 8 H. 6. c. 10. 180. Exigi fac' superinde, ibid. Cap' in appeal de Robbery, 181. Cap' in appeal de Maihm, ibid. The names of the Counties and of the Towns that are also Counties in Wales, and the number of their Sheriffs, 182. Some Cities and Towns likewise in England which are Counties also and have Sheriffs and their number, 183. A Modus for the Testes and Returns of Process by Original Writ returnable in Easter Term, 184 & 185. The like where the Original Writ is returnable in Trinity Term, 186, 187. The like where the Original Writ is returnable in Michaelmas Term, 188, 189. The like where the Original Writ is returnable in Hilary Term, 190, 191. A general Rule of the Court of King's-Bench for the signing of Writs and Process which are made by the 〈◊〉 upon Original Writs. 194. The Commiss●●● that empowered the taking the Presentment of the Fees of all the Officers of the said Court. 196. The Preface to the said Presentment, 205. The number of the Officers, 206. The Fees of the Clerk of the Crown and his Clerks, 207. The like of the Prothonotaries, or chief Clerks and their Clerks, 223. The like of the Keeper of the Bill of Middlesex Seal, 230. The like of the Secondary, 231. The like received by him for the Judges, 232. The Judge's Clerks Fees, ibid. Counsellour's Fees, 233. Sergeant's Fees, ibid. The Clerks of the Papers Fees, 234. The Clerk of the Rules Fees, 235. The Keeper of the Postea's Fees, 236. The Keeper of the Files of Declarations Fees, ibid. The Secondaries Clerks Fees, 237. The Custos Brevium's Fees, 238. The Custos Brevium's Clerks Fees, 239. The Marshal's Fees, 240. The Marshal's Deputies Fees, 241. The Filizer's Fees, ibid. The Crier and Porter's Fees, 244. The Clerk of the error's Fees, 245. The Clerk of the Fines Fees, 247. The Seal Office Fees, 248. Fees for Trials at the Bar, ibid. Fees for estreating amercements, 250. Fees paid to the Secondaries Clerk for bringing in of Rolls, ibid. Also to him for the filing of every common Bail, ibid. The Certificate of the Attorneys that did make the aforesaid Presentment, 251. The Names of the said Attorneys, 252. Some Fees left out in the Presentment aforesaid, and only annexed thereunto as things not inquirable or comprehended within the charge of the said Attorneys, 253. Some innovated Fees, 254. Fees paid for a Nisi prius in Middlesex, 255. Some other innovated Fees, ibid. Fees paid to the Clerk that draweth up special Verdicts in London or Middlesex, 257. Fees paid for drawing a special Verdict at the Bar, ibid. Fees paid to the Clerk of the Assizes for Postea's, ibid. Fees paid to the Sheriffs, 258. An account given of some of the Attorneys that made the Presentment as aforesaid. 259. That all the Fees belonging to the Filizers are not therein mentioned, 260. That the Filizers have made Process and Entries of Issues in Replevin after Avowry as well as before, 262. A Reconciliation of the aforesaid Presentment where it may seem (prima fancy) to contradict itself, 263. Some short account given of another Presentment, made about eight years after the former, in which Presentment the Filizer's Fees are the same as in the former, 266. The names of the Attorneys that did make the latter Presentment, and that seven of them were in the former, 268. That the Fees of the Court of Common-Pleas were enroled of Record in that Court by virtue of the latter Presentment, 270. That there hath been, since the said several Presentments, other Juries of Attorneys appointed in this Court for the ends and purposes aforesaid, ibid. The Names of the present Filizers, and where most of them are resident, 271. FINIS. ERRATA. PAge 21. Line 7. for were read where, p. 34. l. 17. for so r. for, p. 87. l. 26. r. as before, p. 107. l. 2. for 133 r. 113 & 116, p. 113. l. 6. for praecepimus r. praeceperimus, p. 114. l. 22. for de r. die, p. 116. l. 13. for apperciat' r. appreciat', l. 17. for apperciation r. appreciation, l. 27. for hoc r. hac, p. 124. l. 15. for apponit' r. apposit', p. 125. for tum r. tam, l. 8. the like, l. 12. for apponit' r. apposit', p. 133. l. 16. for scilicet r. similiter, p. 129. for Quare r. Quere, p. 138. l. 13. for fecerit r. feceris, p. 146. l. 16. for sui r. suis, p. 149. in le margin for vel r. deal, p. 152. l. 24. for scilicet r. similiter, p. 154. l. 16. for hac r. hoc, p. 158. l. 10. for omittet r. omitteret leaving out &, p. 160. l. 5. for eidem r. idem▪ p. 162. for Judocisimo r. Judaismo, l. 16. for al' r. il', l. 21. before per r. suis, p. 188. l. 3. for xuj r. xv. Books newly Printed for Richard Tonson. THE first part of the Institutes of the Laws of England, or a Commentary upon Littleton, not the Name of the Author only but of the Law itself. By Sir Edward Coke, Kt. The Ninth Edition carefully corrected, with an Alphabetical Table. To this Edition is added Two Learned Tracts of the same Author; the First, His Reading upon the 27. of Edw. 1. entitled The Statute of Levying Fines; And the Second, Of Bail and Mainprize. Poems upon several Occasions, with a Voyage to the Island of Love. By Mrs. A. Behn.