Arcana clericalia, or, The mysteries of clarkship being a sure way of setling estates by [brace] deeds, fines, and recoveries : with the forms of all manner of charter-parties in maritime cities, towns and corporations : with a table of all the principle matters therein contained / by George Billinghurst ...

DIRECTIONS For Sueing out RECOVERIES Together with the Usual FEES Incident thereunto.

DRaw your PRECIPE in Pape•• in the same manner as you are directed in the beginning of this Treatise, which being drawn you must carry it to the Cur∣sitor of that County wherein the Lands lye, who will thereby make you a Writ of Entry sur disseisin in le Post. When your Writ of Entry is made, you must carry it to the Alienation Office (now in the Inner Temple) and their compound it with one of the Commissioners, then pay the Fine to the Re∣ceiver, who there attends to take it, and then you must get the Writ of Entry entred into the Com∣missioners Book, and there Indorsed with Mr. Crew's (the Doctors) hand, with the hands of two of the Commissioners unto it. Then carry it back to the Cursitor to be Sealed, from whence you must carry it to the Kings Attorney General for his hand.

Then, in case the Tenant in your Writ of Entry does appear in person so that your Recovery may be taken at the Bar, you must ingross your Precipe in a large hand in that Prothonotaries Office in which you enter according to this form.

Midd. ss. PR. Willielmo Herne quod juste, &c. reddat Johanni Adams gen. unum Mesuagium & decem acras Pasture* 1.1 cum pertin. in Enfield. que clam. &c.

In this manner you are to enter a Precipe for a single Voucher upon the Remembrance, but if it be for a double or treble Voucher it must be still the same except in the Margin of the Precipe: If it be for a double Voucher you must say, Tenens in propr. persona vocat Henr. Howse qui presens vocat Ed∣mundum Clent. And if it be with a treble Voucher say thus, Tenens in propria persona voc. Henr. Howse, qui presens voc. Thomam Greene, qui pre∣sens vocat Edmundum Clent.

Then when you are ready to have your Recovery taken at the Bar, having your Tenant and Vou∣chees ready, the Court being at leisure deliver the Remembrance, on which your Precipe is entred to one of the Sergeants at the Bar, who with two more of his brethren, if it be a single Voucher; three more if it be a double Voucher; or four Ser∣geants more if it be with a treble Voucher will soon dispatch you: which being done carry back the Re∣membrance to the Prothonotary sitting in Court who will mark it, Ad Barram, in the Margent of the Precipe, and pay the Fees in Court. All which being done, then draw your Recovery, enter it upon a Plea Roll, which the Prothonotary will give you for that purpose; Then make an Exempli∣fication thereof for your Clyent, then make your Writ of Seisin, and return the same together with your Writ of Entry according to your Precedents in such cases; Then examine your Recovery with the Prothonotary (having first perfected the Precipe

in the Remembrance according to the Teste and Retorn of your Writ of Entry) then docket your Recovery, which done the Prothonotary will sign your Exemplification and Writ of Seisin, both which you must get Sealed; Then carry your Writs of Entry and Seizin to the Inrollment Office in the Temple to be Inrolled, and lastly file your Writs of Entry and Seizin, with the Custos brevium of the Common Pleas, who also keeps his Office in the Temple.

Note, You may pass your Recovery at the Bar before you sue out your Writ of Entry for the better dispatch of your Clyent, and so is the Common use.

Note, If your Clyent be a Nobleman, you must place him in the middle of the Bar, be∣tween the Kings Sergeants or the two other eldest Sergeants in their absence.

Note, The Demandant in any▪ Recovery need not appear at the Bar.

But if your Recovery be with a single Voucher, and the Tenant to the Precipe do not appear at the Bar, in such case you may sue out a Dedimus Pote∣statem from the Cursitor directed to Commissioners to take the Caption, having ready Iugrossed your Precipe quod reddat, and Warrant of Attorney, as your Precedent directs; then having your Dedi∣mus Potestatem executed and returned from the Commissioners, carry the Caption back again to the Cursitor, who will make you a Mittimus and Transcript of all your proceedings, which you must enter in a small hand upon a Plea-Roll (taken from the Prothonotary) beginning with the Mitti∣mus which is the least of the two Writs, and filed backwards; which having Recorded verbatim and litteratim; then in one continued Line begin and go on with the annexed Writ of Dedimus, and do the like to the end; and then about a thumbs breadth

distance, begin underneath and make an entry of your Recovery in great hand on the same Roll.

But if your Recovery be with a double Voucher (which is most usual) and the Tenant to the Pre∣cipe do not appear at the Bar, then your proceed∣ings are as followeth: You must sue out a Writ of Summons against the Tenant, together with a Dedimus Potestatem, as before directed; and at the fifth Return, inclusive from the Writ of Entry, accounting that of the Writ of Entry for one, the Writ of Summons returned, together with a Transcript of the Entry of the Summons being fairly Ingrossed, and a Transcript of the Caption, being (as before) made by the Cursitor, being all fixed together you may so pass it at the Bar. And in case the Vouchee do not appear at the Bar at the Return of the Summons; then you are to make out another Writ of Summons against the Vouchee, and to proceed as before; and having all your Writs and Transcripts fixed together, you are to deliver it to a Sergeant to be past at Bar.

But if your Tenant do appear at Bar, then you must have a Writ of Summons against the Vou∣chee, and so against every Vouchee, if it be with more Vouchers, and proceed therein as before di∣rected.

Note, You must make due Entries upon Record of all your proceedings as they go on.

Note, That Captions may be taken before a Iudge of Assize, and Certified without a Dedimus.

Note, You having Ingrossed your Summons in Parchment, may examine it by the Roll with the Prothonotary: In like manner you may pass it at Bar, by the return of the Caption, before you have a Transcript thereof from the Cursitor, as well as af∣terwards.

Note, You must carefully file all your Warrants of Attorney with the Clerk of the War∣rants, and all your Writs whatsoever with the Custos brevium.

Note, If your Clyent will be at the Charge, you* 1.2 may have both the Writs of Entry and Seizin exemplified with their Returns, for fear of any miscarriage in filing them, which Exemplifications are usually had at the Inrollment Office, now kept by Mr. Sergeant in Brick-Court in the Mid∣dle Temple.

Note, The most proper way to find out a Reco∣very formerly past is to search with the Clark of the Warrants, who useth to take Notes out of all the Plea Rolls of all the Prothonotaries Offices, and enters them all distinctly and fairly into a Re∣gister-book, every Office by it self, and also the number Roll.

Notes

• * 1.1

  Tenens in pro∣pria persona vo∣cat Edm. Clent.
• * 1.2

  By the Stat. 23. El. Cap. 3. an Office was ere∣cted for the Inroll∣ment of Writs of Entry and Seisin, and Writs of Covenant; and it is thereby Enacted that the Exemplifications of such Writs shall have the same force and power as the Writs themselves.