RULES AND ORDERS FOR THE COURT Of Common PLEAS At Westminster, Made and published by the Judges of the said Court, in the Term of St. Michael, in the year One thousand six hundred fifty four.  
LONDON, Printed for Richard Marriot, and are to be sold at his shop in St. Dunstans Churchyard Fleetstreet, 1654.   

RULES and ORDERS FOR THE COMMON BENCH, Of the term of St. Michael, In the year 1654.  
1. FOr the reducing of attorneys, and Officers, to their due attendance.  
2. For the reformation of abuses of Sheriffs, and Bailiffs.  
3. For discovery, and punishment of abuses in general.  
4. For the constant preservation of ORDER in the Court.  
5. For settling a constant course of practise, pleadings, and proceedings, especially where there hath been variety of opinion, or practise.  

Concerning attorneys and Officers.  
THat all Officers, and attorneys of the Court, be admitted of some inns of Court, or chancery, by the beginning of hilary term Next, or    

RULES and ORDERS FOR THE COMMON BENCH, To begin from the 〈◇〉 day of 〈◇〉 In the year 1654.  
1. FOr the reducing of attorneys, and Officers, to their due attendance.  
2. For the reformation of abuses of Sheriffs, and Bailiffs.  
3. For discovery, and punishment of abuses in general.  
4. For the constant preservation of ORDER in the Court.  
5. For settling a constant course of practise, pleadings, and proceedings, especially where there hath been variety of opinion, or practise.  

Concerning attorneys and Officers.  
THat all Officers, and attorneys of the Court, be admitted of some inns of Court, or chancery, by the beginning of hilary term Next, or in the same term wherein they are admitted Officers or attorneys; and bee in Commons one week in every term, and take Chambers there, or in case that cannot be conveniently, yet to take chambers, or dwellings in some convenient place, and leave notice with the Butler where their chambers or habitations are; under pain of being put out of the Roll of attorneys.  
2. That all Officers, and attorneys of this Court, appear in person in this Court, upon, or before the fourteenth day of Michaelmas term, and upon or before the seventh day of every other term, upon pain of ten shillings for the first default, twenty shillings for the second default, and putting out of the Roll for the third default. The appearance to be entered with the Clerk of the warrants, and the defaulters to be delivered to the Court upon oath( if required) within three days after the time required for appearance.  
3. That every Sheriff have his Deputy in Court to return and receive Writs, and that each Deputy yearly before hilary term have his name and the place of his residence in Londo or Westminster, set& continued up in tables in the office of Clerk of the warrants.  
4. That the Clerks of Assize their Deputies or Assistants do personally appear with their Posteas on the first day of Easter, and Michaelmas term; and the Deputy Sheriffs, and all other Officers of the Court do personally appear by the essoin day of every second return of every Term; And continue there during the residue of the Term without some just cause to the contrary allowed by the Court.  
5. That for the future Common Solicitors be not admitted to practise in this Court unless they are admitted attorneys of either Bench; provided that it extend not to the managing of evidence at a trial, nor to Private solicitors, or servants of Corporations, or other persons in the cases of their Masters.  
6. That none be admitted an attorney of this Court for the time to come, unless he hath practised as a Common solicitor in this Court by the space of five years now last past; or hath served, or shall have served by the space of five years as a Clerk to some Judge, Sergeant at Law, practising counsellor, attorney, clerk or Officer of one of the Courts at Westminster, unless his Master die or give over his practise, and be also upon examination found of good ability and honesty for such employment; and that sufficient proof( to be put into writing) be made of such service to the protonotary upon a desire of Admittance, and filled with the Clerk of the warrants without Fee.  
7. That no person practise in anothers name, nor that any attorney knowingly permit another to practise in his name, upon pain of being put out of the Roll, excepting in warrants of attorney for common recoverys.  
8. That attorneys dismissed by one Court from their practise for misdemeanour, be not( after certificate) admitted to practise in another Court, It being contrary to the intent of the Law.  
9. That no under Sheriff or bailiff of Sheriffs or Liberties be admitted during such their employment to practise as attorneys, under pain of expulsion from the employment of an Attorney, and not to be readmitted.  
10. That such attorneys as have not been attending their employment in this Court by the space of one year last past, unless hindered by sickness, bee not allowed their privilege of attorneys.  
11. That for the prevention of maintenance and broccage, no Attorney bee Lessee in an ejectment, nor bail for a defendant in this Court in any Action.   

Concerning Sheriffs and bailiffs.  
THat for the prevention and remedy of delays& abuses in Sheriffs, under Sheriffs, bailiffs of liberties and their Deputies, and other bailiffs of Sheriffs &c. in execution of process and writs, that if it shall appear that any such Officer shall wilfully delay the execution or return of any Process or Execution, or shall take or require any undue Fees for the same, or shall give notice to the defendant, thereby to frustrate the Execution of any process or Writ, or having levied money, shall detain it in their hands after the time of the return of their Writs, besides the ordinary course of Amerciaments( the contempt or misdemeanour appearing) an Attachment, Informarion, Commitment, or Fine to be, as the case requireth. And this as well in the case of a late sheriff, or person before mentioned, as of them at present in Office.  
And whereas Sheriffs have taken immoderate and excessive Fees for Execution of Writs of Possession, or restitution of possession, contrary to Law; It is declared that such immoderate Fees ought not to be taken; and in case such shall be taken, the Court to proceed to punish the same according to law, upon complaint thereof made.  
That to reform abuses by blank Warrants granted by Sheriffs, whereby persons are arrested, and driven to extorted Compositions for their liberties without process of Law; that no Warrants bee granted out to any Officer to arrest or attach any person before a Writ first come to the sheriff.   

Concerning the Reformation and punishment of abuses in general.  
ORdered, That a Jury of able and credible Officers, Clerks, and attorneys, once in three yeeres be impanelled, and sworn to inquire,  
1. Of the points usually inquirable by the Writ ( viz.) falsities, contempts, misprisions and offences.  
2. 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.  
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 bee fixed and continue in every office; and likewise for the Fleet.  
And that some persons be enjoined and sworn to give evidence ( videlicet) some Clerks of the Court and some attorneys in every County, not excluding others.   

Concerning the better preservation of Order among the Officers and Clerks, and observation of breach of Orders and Misdemeanours.  
THat the Court do once every year in Michaelmas term nominate twelve or more able and credible practisers in the Court to continue for the year ensuing, for these purposes hereafter limited.  
That they or any six of them Examine such persons as shall desire to be admitted attorneys, and appoint convenient times and places for the same: and in order thereunto, that such persons as shall desire to be admitted attorneys, first attend the protonotary with his proof of service, then to repair to the persons appointed to examine attorneys, and being approved, to be presented to the Court with the assignation of his approbation, and then to bee sworn in open court, unless some just exception be against him.  
That they give information to the Court from time to time, of Breaches of Orders, and miscarriages of Officers, attorneys, and Clerks.   

That a settled course of practise and proceedings bee settled, especially in those cases where there hath been uncertainty and that the inconveniences in process, proceedings, and pleadings may bee regulated unto a due course. In Order whereunto these several things are Ordered and directed according to the method of Proceedings.  

1. Concerning the entering of Records and the persons by whom.  
THat no Rolls be delivered to be entered, but only to Clerks, or such attorneys as have entred for the space of four years last past, for themselves.  
That a table be set up of the Names of the Officers and Clerks that are to be admitted unto the Rolls of the Treasury: and that such and no others be admitted thereunto, and that they may resort there as well for their Occasions, as for their Learning& Instruction, during the Term, and also twice in every week from a month after the term, and that every such Clerk duly attend as well the prothonotaries Office in the term time as for the entering of Judgements upon Summons given by the prthonoters respectively.   

For the prevention of the unundue issuig of Judicial writs, and falsifying of Records. It is Ordered,  
That all Executions, and all other Writs Issuing out of the prothonotaries offices be duly signed by the respective prothonotaries before the same be sealed, and that no Exemplification of any common Recovery or other Record which ought to be examined and signed by the protonotary, be sealed before the same have been signed by the protonotary. Nor that any exemplification( excepting exemplifications of Fines and common Recoveries of the present or next precedent Term) be sealed before they be first signed and examined by the Clerk of the Treasury.  
And because the intermeddling and dealing of Clerks in more then one prothonotaries Office at one time, hath been an occasion of disorder and uncertainty in proceedings; It is likewise Ordered, that every prothonotaries Clerk do apply himself from henceforth to one prothonotaries office only, and do give his attendance and make his Entries in that prothonotaries Office.   

2. Concerning Rolls and Records, and their Entries& Bringing in.  
That the whole proceeding of any Cause after Appearance be carried on in the Office of that protonotary where it was first entered or declaration delivered.  
That no Rolls be carried into the Country, under pain that the offender be excluded from entering any more Rolls afterwards as a Clerk.  
That the Common Rolls of every Term, except Easter, be brought in to the protonotary fairly entred,& docketted at least ten days before the essoign day of the succeeding term, under pain of ten shillings for every Roll wanting. And that no Rolls be delivered to such person after any such offence the second time, without special Order.  
That the respective Prothonotaries before the third day of the then next term, do give in the Names of the Defaulters and Defaults unto the Court in writing.  
That the Rolls brought into the protonotary be delivered over to the Clerk of the Warrants the day before the essoign day of the ensuing term, together with a Note of the Rolls that are wanting, the same Note to bee subscribed by the Clerk of the Warrants, and redelivered to the protonotary.  
That the Clerk of the Warrants within five dayes after Receipt of the Rolls from the protonotary, to deliver over the Common Rolls to the Clerk of the Essoignes, taking the like Note from the Clerk of the Essoygnes of the Rolls wanting.  
●hat the Clerk of the Essoignes bind up the Rolls; viz. the first part before the appearance day of the second return, the second part before the essoign day of the third Return, the third part before the Essoign day of the next term.  
That the Rolls of Easter term be brought to the protonotary on or before the first day of Trinity term, Delivered to the Clerk of the Warrants within six days, to the Clerk of the Essoign within five days after, to be bound up before the essoign day of Michaelmas term, each party subscribing the like Notes, and the penalties the same as before.   

Concerning Original Suits and process, where laid.  
That Actions upon the case, trespass, for goods, assault or Imprisonment arising in any English County bee, laid in their proper Counties, unless they arise where Justices of Nisi prius seldom come. And because trespass, or trover, for goods, Battery, Imprisonment, and slander must needs bee notorious in what County they arise; the Attorney knowingly laying them out of the proper County( unless in the Cases before expressed, or for such other causes as shall bee allowed by a Judge of the Court, and duly made appear to be true) be severely punished.  
That although the declaration be delivered seven days before the last day of the next precedent 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 pled to the new Action as he should have done in the other, without delay.  
That the Visne may be changed,( upon Oath) as before, though the Defendant come in by Exigent.   

Concerning process, and serving thereof.  
That according to the provision of the statute of the one and thirtieth year of Queen Elizabeth, All attorneys that sue out process of Exigent be careful that writs of Proclamation be delivered, and the Sheriff do take care duly to execute the same.  
That according to the statute of the twenty third year of Henry the sixth, a prisoner taken upon a Capias in process, be not discharged till he hath given bond to appear, unless the plaintiff or his attorney shall consent to take an appearance without bail. And in such case the warrant of attorney to appear, to be subscribed or accepted by the Defendants attorney,& such warrant not to be revoked, and an Attachment to be granted against the bailiff offending herein, or against the Attorney refusing to appear or procure an appearance, having so Subscribed or Accepted.  
And forasmuch as divers Sheriffs, bailiffs of Liberties, and their bailiffs respectively have of late time contrary to law, and against former Orders of this Court, discharged persons taken upon outlawries without Supersedias; It is hereby Declared, that such dealing is an abuse; and that all such who have or shall discharge such persons without Supersedias, shall be severely punished. And that no Sheriff, under-Sheriff, their Deputies or bailiffs, may from henceforth discharge or set at Liberty any person or persons arrested upon any Capias utlagat until he receive a Supersedias according to Law from the Officer or Officers thereunto appointed.   

Concerning a Habeas Corpus to Sheriffs and gaolers.  
That a Habeas Corpus cum Causa ad faciendum& recipiendum, directed to any Sheriff( other then London and Middlesex) not to be returneable immediat è, or in the vacation time, but at a day certain in Court in the term.  
That such Habeas Corpus to the Sherriff of London or Middlesex may bee granted in term or vacation time returnable Immediatè.  
That in case of Habeas Corpus returnable immediatè, the Sheriff ought to make his return the same day that the writ is delivered, and to bring the Body immediately, as is required by the writ, without permitting him to wander abroad by colour or pretence thereof.  
That where a writ of Habeas Corpus is directed to a Sheriff, Warden of the Fleet, Marshal or gaoler, the prisoner is to be brought in custody according to the writ at the day limited, without being permitted to wander abroad in the mean time, upon pretence of such writ.  
That a Habeas Corpus ad respondendum may be granted to the Warden of the Fleet, or to the keeper of an inferour prison of a liberty or franchise, where a Capias is returned in Court, Non est inventus; such writ to recite shortly the Capias, and to be returnable at a day certain in Court, and to be a good cause of Deteiner, as well as where a Capias ad respondendum comes to a Sheriff.  
That a Habeas Corpus ad satisfaciendum may be Granted to the Warden of the Fleet, or to such inferior gaoler returnable in Court at a day certain, and the Number Roll of the judgement to be endorsed upon the writ by the attorney who sues it out; and such writs to be a Cause of deteiner.  
That if upon a Habeas Corpus the prisoner be returned charged with process out of the upper Bench or Exchequer, and out of the Common Pleas, the Prisoner may be committed with those Causes.  
That if upon a Habeas Corpus cum Causa the prisoner be returned charged with a process out of the Common Bench, though returnable at a day to come, the prisoner may bee committed with his Cause.  
That if upon a Habeas Corpus, or Cepi Corpus, the party be returned in custody and bailable, and special bail requirable, the bail not to be taken absolutely without consent of the plaintiff or his Attorney, and if taken de been esse, the prisoner not to be discharged till the bail be assented unto, or the plaintiff over-ruled in Court to accept the same upon Examination.  
That upon every Commitment by a Judge out of Court, the prosecutor of the Habeas Corpus is to have one of the prothonotaries Clerks present at the turning over of the prisoner, that the Commitment may be duly entred and filled.   

Concerning Habeas Corpus to inferior Courts and Procedendo.  
That Writs of Habeas Corpus, directed to the inferior Courts of London, Westminster, Southwark, and other Courts within five miles of London, may be returnable immediatè. And if the Defendant intendeth to be bailed, then upon, or within four daies after allowance of the Writ Notice, is to be given in writing of the Names and addition of the Bail, the time when, and the Judge before whom the same is intended to be put in, to the Plaintiff or his attorney, or him that caused the plaint to be entered; or if none can be found, then notice of the premises to be left in writing with the chief clerk of the inferior Court, or his Deputy by the party that tenders the bail, or his Attorney, and Oath made thereof; otherwise the bail not to be taken. And a procedendo granted if desired, before bail accepted.  
That if no bail in such cases be put in within eight days after the Habeas Corpus allowed, in those Courts when it is returnable immediat a procedendo may be granted by any Judge of this Court, if desired before bail taken.  
And if bail be taken in the absence of the plaintiff or his Attorney, the same is to be taken de been esse, and if no exception be taken within twenty days after notice given to the plaintiff or his Attorney of the names of the bail, and before whom taken, then upon Oath made of such notice, the Bail to be delivered out to be filled.  
That if bail upon a Habeas Corpus bee taken before a Judge at his chamber, and not assented unto, if not filled within four days after the twenty days, a procedendo may be granted upon certificate that it is not filled.  
That in term time the plaintiff in the inferior Court may speed the defendant to put in, or to file his bail by rules given in the Bill of Pleas; and if not filled according to rules, upon certificate thereof, a procedendo to be granted.  
That all writs of Habeas Corpus returnable in Court, be returnable at aday certain.  
That upon bail taken of a person in custody, the Judges Clerk to deliver the bail to the protonotary, to be filled, if assented unto; and to that end the prothonotaries Fees to be deposited, but the prisoner not to be discharged, until the bail be assented unto, or over-ruled in open Court.   

Concerning special bail.  
That if the defendant appear upon the summons, Attachment, or distress or by Supersedias quia improvidè, or doth truly render himself upon the exigent, no bail is requireable.  
That in all causes of removal, be it by Habeas Corpus, privilege, or Certiorari, special bail ought to be given.  
That in causes where the Defendant comes in by Cepi corpus, be it debt, detinue, trespass, for goods, Action upon the case( except slander) if the debt or damages amount to twenty pound, special bail is to be given, except it be against an heir, Executor, or Administrator.  
That in Covenant because the damages are uncertain, till declaration, bail at discretion.  
That in battery, conspiracy, false imprisonment, no special bail of course without special motion and order.  
That in slander no special bail, except in slander of title, wherein to be left to the discretion of the Judges.  
That in privilege, other then for Fees and disbursements as an Attorney in this Court, bail at discretion of the Court. In such case wherein a svit by a common person, especial bail is not requisite.  
That if bail be given upon reversal of an Outlary, or removable by Habeas Corpus, the original to be shown upon tendering of the declaration, otherwise the bail not liable; unless the party or his Attorney will voluntarily appear, or take a declaration, without showing of it.  
That in case of a removal out of an inferior Court or reversal, the new original to agree in the nature of the Action, the sum in demand, and the County, otherwise the bail not liable: but if the party will voluntarily appear to such varying original, to be good as to the party: but if upon a cause removed by Habeas Corpus, out of the Courts of Canterbury, Southampton, Hull, Lichfield, or pool, which are Counties where the Judges of Nisip●rius seldom come, if the Action bee transitory, it must be laid in the County of Kent, Southampton, York, Stafford, or Dorset, where the Town and County lieth, and the recognisance to be taken accordingly.  
That the principal rendering himself at any time after bail put in, and before or upon the day of appearance of the scire facias returned, scire feci, or of the second scire facias returned nihil, or in case there shall bee an Action of debt brought upon the recognisance against the bail, then if the principal shall render himself, upon or before the process returned served, no further proceedings to be against the bail.   

Concerning Appearances, and Entries thereof.  
That Appearances be duly entred with the Prothonotaries or Phillizers of this Court respectively, with whom the same ought to be entred: but if special bail be requirable in the case, the plaintiff not to be concluded by such appearances, if he insist upon it.  
That where an appearance is upon the original writ, if the defendants appearance be not entered of Record, the defendants Attorney to give his hand to the plaintiffs attorney upon the delivery of the declaration, that he appeareth thereunto.  
That any Attorney of either bench accepting a warrant to appear, or subscribing a process, declaration, or warrant to appear, be compelled to cause appearance, or be liable to an attachment, or put out of the Rol, as the case requires; and the party not to bee received to countermand such appearance after his retainer.  
That no person without Rule of Court, order of the Judge or protonotary; and notice to the adverse party or his Attorney, change or shift his Attorney; and such Attorney newly coming in, to take notice at his peril of the Rules whereunto the former Attorney was liable, had he continued.  
That a retainer of an Attorney of the Common pleas, by an Attorney of the Upper Bench, & è Converso, be a sufficient excuse to the Attorney so retained, acting according to such retainer, and the Attorney so retaining it without warrant from the party, to be subject to the punishment.  
That if a Capias be returned in Court non est inventus, against a prisoner in the fleet, he is compellable to appear upon a Habeas Corpus ad respondendum, as well at the svit of a stranger, as at his suite whereupon he is imprisoned, and to answer to a declaration according to the rule of the Court, or that ●udgement bee entered against him.  
That he that reverseth an outlary have an Attorney of Record present, who must undertake an appearance to a new original. And such attorney shall be compelled to appear; and that the defendant or his Attorney give notice to the plaintiff or his Attorney, of such reversal the same term, or in the vacation next after it.   

Concerning Imparlances.  
That for as much as some Inconveniencies do sometimes happen to plaintiff, by entering their declaration in special Actions. It is therefore ordered that the plaintiff in such special Actions shall have liberty to enter the Imparlances the term following, entering the same of the first term with an Incipitur, as it hath been usual in Quare Impedits: but that all other imparlances be duly entred before any Issues, or demurrers, or judgements thereupon be entred.  
That if the defendant appear the first term, and give no Rules to declare, the defendants Attorney may the second term be compelled to accept of a declaration with Imparlance, and the declaration may be entred 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 non Suite may be entred at the end of the Second term upon a continuance over by him entred by dies datus, but not the third term, or after.  
That upon a mere real Action, or a bare clausum fregit, an Imparlance of Course. But in Dower after view had, if the day to appear be upon the first return of any hilary or Trinity Term, no Imparlance without consent or rule of Court.  
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 such causes, other then in London or Middlesex. If the appearance be before Crastin' Martin' or mensae Pasc. 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 bee before Crastin' Ascen', or before the last return of any other term no Imparlance without a special rule or consent; but the defendant to pled as of that term within fourteen days after the end of the term upon rule given to answer: but if of Crastin' Ascen' or the last return, then an Imparlance of course.  
That no Judgement by nihil dicit be entred until there be a rule to pled, first given in that Prothonotaries office, where the cause is entred, and the day by such rule be past, and that such rules be only given in the Bills of pleas or other remembrances for that purpose, only to be in the custody of the secondary of the respective prothonotaries, during the time limited for giving of rules, to the intent that all persons concerned may have recourse to the said secondary, and to see the same Gratis; and that Clerks who usually enter for attorneys, may give rules for answer in the said remembrances in all their own causes wherein there hath been Imparlances, except in Ejectments, so as they enter the same rules in the office without carrying any of the said remembrances out of any of the said offices; and that the secondary set down upon the remembrances the day wherein such rules are given, and that no rules to declare or answer be given after three days exclusive after the end of any term, and such rule to be out at four days inclusive of the day wherein the same is given.  
That in all actions except Replevin( after rules to declare are out, yet) if the plaintiff or his known attorney or Clerk be to be found, a nonsuit for want of a declaration not to be entred, unless the Plaintiffs Attorney or known Clerk be first called to for a declaration.  
That if the Plaintiffs Attorney or Clerk be called to for a declaration, and delivers it not to the Defendant or his Attorney sometime during that term, then the rule being out, the Defendants Attorney may enter a Nonsuit.  
That if the Plaintiffs Attorney being called to for a declaration, cannot afterwards find the Defendants Attorney or Clerk to save a Nonsuit, he may deliver a declaration into the prothonotaries office where the rules are given.  
That when a dead, Will, or Letters of Administration are to be shown in a declaration, the Attorney of the plaintiff delivering a declaration with a subscription, that the Defendant shall not be compelled to pled till the same be shown; no judgement by Nihil dicit be entred against the Defendant till the same shown; nor any Nonsuit upon the Plaintiff if he show the same before the end of the next term.  
If the Defendant bee committed to prison by process out of this Court, or Habeas Corpus, the prisoner entering his appearance with the protonotary in case of a plaint, or in case of attachment of privilege; or with the Filizer in case of other process, and giving rules to declare, the Plaintiff not declaring before the end of the next Term after the commitment, the defendant in reference thereunto to be discharged of his Imprisonment by Supersedias in the end of the next term, and Liberty for the Plaintiff to declare upon that appearance the next term after that at the furthest.  
That if a writ be returnable 5. Pasc. or the last return of any term, the Defendant, giving rule, and calling for a declaration, if it be not delivered according to the former directions, four days or more before the essoign day of the ensuing term, may enter a Nonsuit, though above sixteen days after the preceding term.  
That the Plaintiff having declared and given rules for answer, the Defendant is to deliver his plea in writing to the Plaintiffs Attorney, or known Clerk.  
That if there be no such Attorney or Clerk to be found, or being found, refuseth to accept it, then the plea may be left in the office to save a judgement.  
That in any case where a Plea or Declaration is left in the office, no Nonsuit for want of a Declaration, or judgement for want of a Plea bee Entred.  
That in cases of popular actions, Informations, or real or mixed actions, except ejectment, no judgement to be entred by default, or nihil dicit, without motion in Court.  
That upon Nul tiel Record pleaded, and no difficulty or variance appearing, judgement be entred after rule, without motion by the Plaintiff.  
That after any Imparlance of three terms, without any calling for answer, no judgement to be entered without a Terms notice.   

Concerning Declarations.  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 upon any general Statute; namely, Hue and Cry, Monopolies, and for suits in the Admiralty, and such like, other then 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.  For the avoiding of the Common bar and new assignment. 
The declaration upon an Original, or Bill Quare clausum fregit, may mention the place certainly,& so prevent the use and necessity of the Common bar and new assignment.  
That unnecessary length of declarations be reformed. And in order thereunto,  
That in actions of covenant not to repeat more of the dead then is necessary for the assignment of the breach, and not to repeat the Covenant in the conclusion.  
That in actions of slander, long preambles be forborn, and no more inducement then what is necessary for the maintenance of the accord, when it requires a special Inducement or Colloquium.  
That in actions upon general statutes the declaration not to repeat the statute, but to conclude against the form of the statute in such case made and provided: as in case of debt, upon the statute of the second year of Edward the sixth, For tithes; the thirty second of Henry the eighth, for Maintenance. 21 Jacobi for monopoly.  
That actions of debt upon a judgement had in the Courts at Westminister, to recite only the judgement. But if a judgement had by, or against an Executor or Administrators debt, thereupon to repeat the Declaration and judgement.  
That before the declaration actually entred, the Plaintiff may mend his Declaration, paying costs, or giving an Imparlance, at the Plaintiffs election, by the Order of a Judge of the Court, or protonotary: But after it is entred, if the amendment be but a small matter that doth not deface the Roll, yet that before issue or demurrer entred it be amendable by rule of Court upon costs and liberty to pled, with a new or further Imparlance.  To cause care in examination of the Declaration. 
That if the Plaintiffs Attorney or Clerk deliver a Copy to the Defendants Attorney or Clerk, materially varying from the Original declaration, the disadvantage thereof not to be cast upon the Defendant, but on the Plaintiff, whose Attorney is paid for it.   

Concerning Pleading.  
The Common bar and new assignment to be forborn, where the declaration contains the certainty equivalent to a new assignment.  
That pleadings be succint, without unnecessary repetitions.  
That in the pleading of an Outlawry the mesne process be not repeated, but the exigent, and Utlary joined to the commencing of the svit.  
That in pleading a general statute, the statute be not recited, As the statute of twenty one Jacobi of Limitations.   

Concerning Demurrers.  
That according to the statute of the twenty seventh of Elizabeth upon Demurrers, the causes be specially assigned, and not involved with general unapplyed expressions of double, negative, pregnant, uncertain, wanting form, and the like; but to show specially wherein that the other party may( as the case shall require) either join in demurrer, or amend, paying costs; or discontinue his Action.  
That it be declared, that matters of form, as well on the part of him that demurs, as of him that joins in all parts of the pleading, are discharged; unless such as are specially assigned upon the Demurrer.   

Concerning trials, and notice of trials and Inquiries.  
That notice of trials or Inquiries in London or Middlesex, the Defendant dwelling within forty miles of London, be eight days exclusive of the day wherein notice is given.  
That if the Defendant live above forty miles distant from London, notice of such trials and Inquiries in London or Middlesex be fourteen dayes exclusive of the day of notice.  
That in all Issues to be tried by Nisi prins in London or Middlesex upon a record of a precedent term, the copy of the Issue be brought to the Clerk of the Treasury, for the engrossing of the Record, four dayes at the least before the day of trial of such Issue; and that all Causes to be tried in London or Middlesex be entered into the Marshals Book four dayes before the day of trial.  
That eight dayes notice exclusive be given upon trials in the Country,& upon writs of enquiry of damages in writs of dower and wast, and all other inquiries of damages.  
That if the Plaintiff give notice of a trial, and he proceed not, the Plaintiff not to take it down to trial again without new notice to be given, as is before expressed, unless by consent or Rule of Court.  
But in London or Middlesex, if notice be given of a trial for one sitting, and the Plaintiff be not provided to proceed: Then if he give notice before the sitting that he will try it the next sitting, that to be held convenient notice.  
That in case of such warning, and no proceeding, the Defendant upon motion to have his cost of his former attendance, to be taxed by the protonotary; unless the Plaiatiff give the Defendant warning in convenient time that he would not proceed; or show cause to be allowed by the Court in excuse of such Costs.  
That no Record of nisi prius be signed before the issue be entred upon the Roll.  
That if the Plaintiff give notice for a trial, and proceed not, the Defendant may take it by proviso according to law, giving notice eight or fourteen days, as the case requireth, as aforesaid.  
That in London or Middlesex, if no warning for a trial, then the Defendant not to take it by proviso, to try it the same term; but afterwards he may take it by proviso according to Law, giving eight or fourteen days notice as the case requires.  
That if notice bee given to the Attorney of the adverse party of a trial upon an issue joined, it be taken to be good notice: And oath made of want of notice to the Attorney, to turn the proof of notice given to the party upon him that brought it down to trial in that case.  
That if an issue bee joined above a year since in any case, then one Terms notice to be given of the trial.   

Concerning trials at bar.  
That for the remedy of excessive charges of trials at the bar, especially whilst the Jury lieth out, it is ordered that a Jury lying out one night after a privy verdict delivered, there be allowed for the whole diet of each Jury man that night no more then three shillings four pence a piece, and for two criers to each of them, no more then two shillings ordinary, besides the charge of the Jurours Lodging.  
That after a verdict delivered in Court, the Jury and Officers to be paid their charges and fees in the Inner Treasury, without going to the Taverns or Victualling houses for that cause.   

Concerning special verdicts at the Bar, or by Nisi prius.  
That in finding special verdicts where the points are single and not complicated, and no special conclusion, the council( if required) do subscribe the points in question, and agree to amend omissions or mistakes in the mesne Conveyance, according to the truth, to bring the point in question to judgement.  
That unnecessary finding of deeds in haec verba, where the question rests not upon them, but are only derivatioin of title, to be spared; and found shortly, according to the substance they bear in reference to the dead, as Feoffment, Lease, Grant, &c.   

Concerning new trials.  
That where a verdict finds entire damages where damages are the principal, and part not actionable, though judgement be arrested, yet by rule of Court a venire fac' de novo may issue as upon an Ill verdict, and upon the new trial the party may sever his damages.   

Concerning judgement.  
That in a judgement by non sum informatus, or nihil dicit, in Eject' fir me, the Capiatur be entred upon the first judgement.  
That upon a cause removed by Habeas Corpus out of an inferior Court, having Jurisdiction of the cause, if judgement be given for the Plaintiff, the costs below to be considered and cast into the judgement; if for the Defendant, the charge of putting in bail.  
That the principal in any bond or bill obligatory do not for the time to come give warrant to appear for, or confess judgement against his surety: and that after the two and twentieth of January next, no judgement be confessed for, or given against the surety upon any such warrant given by the principal.  
That sixteen days be allowed for the signing of Judgments after every term, except Easter term, upon causes depending in the erme precedent.  
And lastly, it is declared by the Justices of this Court, that as the Court doth expect that all the Rules and Orders before mentioned be duly observed; so it is further Ordered, that all other former Orders and Rules yet in force not hereby altered, suspended or adnulled, be likewise Observed and put in execution according to the true intent and meaning of the same.   


OL. St JOHN.  
EDW. ATKINS.  
MATTHEW HALE.  
HUGH WINDHAM.     
FINIS.   

The Oath to be taken by every Attorney of the Common Pleas, before their admittance, to bee administered openly in Court.  
YOu shall do no falsehood or deceit, nor consent to any to be done within the Court: And if you shall know of any to be done, you shall give knowledge thereof to the Lord Chief Justice, or other of his brethren, Justices of this place, that it may bee reformed. You shall delay no man for lucre or Malice. You shall increase no fees, but you shall be contented with the old fees accustomend. You shall pled no foreign Plea, nor sue no foreign Suits unlawfully, to the hurt of any man; but such as shall stand with the Order of law, and your own conscience. You shall seal all such process as you sue out of this Court, with the seal thereof: and see the fees paid for the same. You shall not witting nor willingly sue, or procure to be sued any false svit, nor give aid or consent to the same, upon pain to be expulsed from this Court for ever. And further, You shall truly use and demean you self in the office of an Attorney within the Court, according to your learning and discretion.  
So help you God.