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 usefull for the filacers and all other practicers in that court / by John Trye ...

THE FILACER'S-OFFICE IN THE Court of King's-Bench.

That the Practice by original Writ, is * 1.1 of very great antiquity in the said Court.

FOR the proof whereof it is ne∣cessary to observe that heretofore and now at this time also, there are three several ways of proceedings in this Court, that is to say by original Writ, by Bill, and by Attachment of privilege.

The First, Grounded upon a Writ issu∣ing out of the high Court of Chancery returnable in this Court.

The Second, Grounded upon the Custome of the Court.

The Third, Grounded upon the grace and favour of the Court, besides divers other proceedings upon Actions remo∣ved out of inferiour Courts by Writs of Recordare, Certiorari, Habeas Corpus,

and the like into this Court; and al∣though 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 re∣turnable coram Justic. 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 ubi∣cunque 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, where∣as in truth the cause of Action was for Debt, and when the Defendant appea∣red, &c. all the former proceedings were waved, and a Bill filed 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 ac∣cording to the Statute of Westm. the First, Cap. 29. when it is found out. And now in these times, although some Clerks and Attornies of this Court doe not the very self same thing, yet they come very near to such irregular prac∣tice, for that they do very often pro∣ceed 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 filed or Declaration delive∣red in Debt or any other action by consent of the Attornies on both sides, suppo∣sing the Defendant to be in Custod. Ma∣rescalli, &c. 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 proceedings by original Writ and proceed on to Judg∣ment by Bill, a matter certainly wor∣thy to be taken notice of by this Court, as an abuse put upon the ancient pro∣ceedings by original Writ therein, and not onely against a known rule or ma∣xim in Law expresly, Quod omnis bre∣vis 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 foun∣dation to warrant such proceedings by Bill, and so all as it were coram non Ju∣dice. 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 fue∣rit in Angl. this Court being moveable 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 Eng∣land have sate personally in this Court, as the said Lord Coke saith in the same Chapter, and as Speed in his Chro∣nicle, fol. 595. observes that, Henry the Third sate in person with his Justi∣ciars upon the Bench at the Arraign∣ment 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 sate in Michaelmas-Term, in the Second year of his Reign, three days together

publickly with his Judges in this Court, to acquaint himself with the orders of the Court, and to observe what nee∣ded reformation in it, either at Bench or at Bar. The former of these Obser∣vations, together with some other mat∣ters in the like nature, are reported by Mr Serjeant Rolls in the first part of his abridgment, fol. 535. And I believe it to be the hearty desire and affectio∣nate wish of every Loyal Subject, espe∣cially of the long Robe, that his now Majesty would be graciously pleased (once in his Reign at the least) to ho∣nour this his peculiar Court with his most glorious presence, a sight certain∣ly that would be in its self so transcen∣dently excellent, that it would paral∣lel if not exceed that of his Coronati∣on. 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 un∣till about the beginning of Queen Eli∣zabeth's Reign, The proceedings 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 in∣sert, 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 leasure, to search the same Records which are very well worthy the labour and trouble of any that desire to be ac∣quainted with antiquity of this nature; And this may be sufficient to shew 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 * 1.2 delay of Execution, after Judgment had and obtained.

IT is very well known to all Practi∣cers (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 Errour may be brought thereupon by the De∣fendant returnable in the Court of Ex∣chequer-Chamber, and very easie at all times to be purchased, but in all acti∣ons brought by original Writ and Judg∣ments thereupon had and obtained, no Writ of Errour lieth thereupon, but must be returnable in the high Court of Parliament, and that not so easie 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 Errour returnable in the said Court of Exchequer-Chamber, and upon the affirmation of such Judg∣ment in Parliament, there is always ve∣ry great costs awarded and taxed to the Defendant in the Writ of Errour who is Plaintiff in the action for delay of his Execution occasioned by such Writ of Errour; besides no Writ of Errour can be obtained in such case but when there is a Parliament in being, for no Writ of Errour can or ought to be re∣turnable ad proximum Parliamentum, in regard it would be so great a prejudice and delay to the Subjects Plaintiffs in such actions, the times of convening of Parliaments being so uncertain, and onely lying in the King's power as Su∣preme,

(it being his Royal Prerogative) to Call, Prorogue, Adjourn and Dis∣solve them when he pleaseth: So that for the reasons aforesaid, Writs of Er∣rour are seldom brought upon such Judgments as are recovered upon acti∣ons brought by original Writ, Nay yet farther also after all this, when such Judgments before obtained by Bill, are affirmed upon the Writ of Errour in the Exchequer-Chamber, yet may a Writ of Errour per Stat. de Anno. 27. Eliz. Cap. 8. be brought returnable as afore∣said in the said high Court of Parlia∣ment to the intollerable delay and vex∣ation 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 rea∣sonable 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 Judgment had, Execution may not long be delayed, which is for the good and interest of the Subjects who are Plain∣tiffs in such actions.

That against some sort of Persons, and in * 1.3 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 * 1.4 thereof ought by his Body to be taken or arrested by virtue of any Writ or Process in any Civil Cause whatsoe∣ever. But although he may not be ar∣rested, 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 re∣turn that he hath taken Pledges of such Peer to appear in this Court, accor∣ding as by the said Writ he was com∣manded, and he do not appear accor∣dingly, 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, &c. in order to cause him to

appear, and if he do not thereupon ap∣pear, and such Sheriff return issues thereupon ad valentiam, &c. Then the said Filizer may make forth an Alias distring. and also upon return thereof a Plur. distring. ad infinitum, untill 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 bet∣ter Issues (that is to say) greater Is∣sues; all which Issues must be by the Plaintiff's Attorney brought into the Filizer's Office, who made out such Di∣string. and from thence estreated into the Court of Exchequer, there to be le∣vied upon such Peer's Lands and Chat∣tels, 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 She∣riff do return likewise a nichil habet upon such Writ of Pone before-mentio∣ned, then the Attorney for the Plaintiff may have an alias, or rather a Testat.

Pone from the said Filizer, directed un∣to 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 pro∣ceed thereupon by Distring. ad infini∣tum, in form aforesaid; And besides such honourable Persons as Peers, who for their honour are said to be à Late∣re Regis, and are protected by Law from attaching or arresting by their Bo∣dies in all Civil Causes, as is before said, There are other Persons, that in their politick 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, Aldermen, &c. of any City; The Dean and Chapter of W. The Master, Wardens and Fellows of a College, and the like, and any Com∣pany incorporated in the City of Lon∣don, or elsewhere; And likewise all Hundreders in any County, which are liable to be sued upon the Statute of Huy and Cry, where Robberies are committed, and Felons escape; such Bodies of Men being very numerous, and no single Person in his natural ca∣pacity bound to answer in any Action whatsoever; but yet they may be pro∣ceeded

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 Judg∣ment 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 bye Laws apportion the Levari upon the rest, and thereby ease him or them whose Goods are ta∣ken, and if it be in the case of Hundre∣ders, then 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 burthen 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 * 1.5 in this Court but by Original Writ; no Quare impedit, Writs of Right, Re∣plevin, and such like, come into this Court, but either by Original Writ pri∣marily, or else Plaints are entred in In∣feriour Courts, and removed hither by

several Writs, which are in their own nature as so many Originals, and re∣turnable coram nobis ubicunque, &c. as Writs of Recordare fac. loquend. Acced. ad Cur. Certiorar. Writs of Errour, 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 politick Ca∣pacities, 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 * 1.6 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 ar∣rest

in trespass generally not mentio∣ning 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 Pro∣cess were entred for good Bail by draw∣ing a Line under the Defendant's name, and writing over it, bon. Manucapt. and then the Attorney for the Defen∣dant 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 happen∣ed 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 proceedings the Defendants never knew untill they

came at the return of such Writ or Pro∣cess 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, then such Bail-bonds as were given to the Sheriff for their ap∣pearance were forthwith put in suit, which mischief being seen and conside∣red of, both in this Court, and in the Common-Pleas, was by the said Parlia∣ment 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 Spi∣ritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the twelfth day of Fe∣bruary, in the Year of our Lord, one thousand six hundred sixty and one, No Person or Persons, who shall hap∣pen to be arrested, by any Sheriff,

Under-sheriff, Coroner, Steward or Bayliff of any Franchise or Liberty, or by any other Officer, Minister, Un∣der-bayliff, or other Person or Persons whatsoever within this Realm, ha∣ving or pretending to have authority or warrant in that behalf by force or colour of any Writ, Bill or Process is∣suing, or to be issuing out of his Ma∣jesty's said Courts of the King's-Bench and Common-Pleas, or either of them, in which said Writ, Bill or Process the * 1.7 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 ex∣ceeding the sum of forty pounds, of lawfull money of England, to be con∣ditioned 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 custo∣dies respectively, all and every Per∣son 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 se∣curity 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 afore∣said, 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 ex∣presly and to a tittle it is fulfilled in the proceedings by Original Writ; For it hath ever been the constant practice in such proceedings, to express the true cause of action particularly in the Ori∣ginal Writ, and in every Writ of Capi∣as alias and plur. thereupon to arrest, and also to what Sum the Plaintiff lay∣eth 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 suf∣fers himself to be so far proceeded a∣gainst 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, ei∣ther by himself or his Attorney, to ap∣pear thereunto, and thereby prevent, if he will, his being outlawed. By all which it appears, that the proceedings in this Court by Original Writ hereto∣fore, 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 * 1.8 not onely made and entred on record, Writs and Process by original, but al∣so entred Declarations, Imparlances, Issues, Judgments, and divers other proceedings thereupon, and also have inrolled Indentures, and all this upon their Filizers Rolls.

IF (as is said before) Records them∣selves will not with some be looked upon (as they have lately been a dis∣putable evidence, especially when ve∣ry ancient) it is not to be doubted, but that this assertion may be also very ea∣sily 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 com∣mand 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 onely, 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 tire your patience and swell this Volume to be ten times as big as ever it was intended to be. But as it is easie, Pede Herculis, to guess 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 guess at the multitude that might have been in∣serted, 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 Trea∣sury 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 * 1.9 time the Filizers Rolls were always fi∣led

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 pleadings 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 ought to be fi∣led in every Term, it being a great or∣nament to the Rolls themselves; and 'tis a great neglect some-where 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 filed before them; For then fol∣low the other Filizer's Rolls, and then after them the Prothonotary or chief Clerks Rolls, all with this Title upon them, Adhuc de Termino, &c. T. &c. whereas if this Rotulo primo be not filed, there is no Term at all ap∣pears unto which the Adhuc can have any relation. And somerimes in that King's Reign they have been filed pro∣miscuously one among another, but still the Filizer's Rolls have been filed

first. But to return to the proof (omit∣ting the entring of Process or Writs up∣on 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 At∣tornies, and the nature of the Action) in rotulis, 6. 9. 23. 44. 45. 58. 65. that several Filizers of several Counties, en∣tred 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 Ed∣ward the Fourth, in Mich. 4. ejusdem * 1.10 Regis in Rotulis 18. 57. 60. 68. the like Entries, and in Paschae 5. ejusdem Regis, the Rolls not being numbred, but the Filizers names at the bottom, there are several Issues entred; and as for the Reign of Edward the Fifth it being not * 1.11 three months long, and the Reign of Richard the Third not three years long, * 1.12 and very troublesome, they were in this search wholly omitted. In Hilary 2 Henrici 7. Rolls not numbred, seve∣ral * 1.13 Issues entred; Mich. 3 Henrici 8. rotulis 43. 49. 54. the like both as to Issues and Judgments by nichil dicit, in Paschae 23. & 24. ejusdem Regis, the like in both; Paschae 24. & 25. ejus∣dem,

and Paschae 25. & 26. and Paschae 26. & 27. and Paschae 27. & 28. the like in all these Terms; Rolls not num∣bred, but are to be found filed at the beginning of each Term; and in Hila∣ry 36. ejusdem Regis, rotulo 14. is the Entry of an Outlawry in an Appeal of Murther; and Paschae 37. an Issue, and Judgment after a Verdict. And in Hi∣lary 1 & 2 of Edward the Sixth, rotu∣lis * 1.14 2. 3. 12. & aliis rotulis the like Is∣sues; in Trin. 7. ejusdem, rotulis 2. 8. 11. the like; usque rotulum 20. In Trin. 1 Mariae, rot. 10. 12. 13. 15. and di∣vers * 1.15 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 numbred, the like and Judgments; Hilary 1. & 2. the like, in rotulis 13. & 16. and in Mich. the 26 and 27 of Queen Elizabeth, ro∣tulis * 1.16 1. 2. 4. 16. 18. 19. and others not numbred, there are two Appeals of Murther and one of Robbery, and se∣veral Issues and special Pleadings; In Mich. 36. & 37. the like as to Issues. In Paschae 44. rotulo 10. a Quare Im∣pedit, between the Queen and the Bi∣shop of Hereford. And in Paschae, 5 Jacobi, Roll not numbred, there is * 1.17 an Indenture entred, by Howard a Fi∣lizer

upon his own Roll; in Trin. 7. an Issue, the Roll not numbred; in Hil. 9. Mich. 12. Hil. 12. Trin. 13. Hil. 13. the like Issues and Judgments by Nil di∣cit 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 onely some few, to shew that there were no Times in which the Filizers did discontinue en∣tring Issues and other Entries on their own Rolls, as hath been unjustly repor∣ted 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 ob∣solete by reason of their antiquity) these Years following of King James have been carefully and with great la∣bour and pains searched in order year by year; It appears then in Paschae 15. ejusdem Regis, one Wythe, a Filizer en∣ters an Appeal of Murther, and in Trin. 15. a Judgment by defalt, 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 Plain∣tiff, and afterwards was one of the Jury of

Attornies, 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 Murther. In Hilary 16. the reversal of an Outlawry pro defectu Pro∣clamationis, and divers Issues; Trin. 17. the like reversal of an Outlawry and di∣vers Issues, one of them in Replevin, and Judgment thereupon by Percival a Filizer, and several Judgments by de∣falt; In one of which, one Tetlow was Attorney for the Plaintiff, and in ano∣ther, one Tippet, and in others, one Harborn and one Bunce were Attornies for the Defendants; all which four last Attornies were four of them also that made the Presentment hereafter men∣tioned. In Mich. 17. nil dic. in cas. In Hilary 17. Scire facias, and Judg∣ment in Replevin, and several Issues; In Paschae 18. Special Plea and Issue thereupon, and nil dicit. in Replevin upon a Writ of Second deliverance; Trin. 18. several Issues and a Defalt, 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; Paschae 20. Special Plea and Demurrer; Trin. 20. several Issues; Mich. prox. the like,

and Hil. prox. one Dodd, a Filizer, en∣ters a writ of Right, and other Filizers several other Entries, of Issues and Judg∣ments in Trin. 21. Hil. prox. and Trin. 22. the like, Mich. 22. one Seaman a Fi∣lizer, enters the Reversal of an Out∣lawry for the insufficient return of an Exigent, and to winde up this King's Reign in Hil. prox. Edgar, Filizer of London, so soon as he was Sworn, en∣ters an Issue wherein one William Jum∣per was Attorney for the Plaintiff, who was also one of those Attornies 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 evi∣dence, 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 Re∣gis * 1.18 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 Judgments, and among them, the said Edgar en∣ters

an Issue by Bill after an Imparlance, Mich. 4. the like Issues and Judgments 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 lawfull and as much his right to enter by Bill, as it was for the then cheif Clerk or Protho∣notary 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 then cheif Clerk or Prothonotary who had entred 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 sup∣posed) 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 setled between the then Filizers and the then

cheif Clerk is not known, but it seems it was not so setled 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 Judg∣ment entred by Fisher, Filizer of Dor∣set-shire, in Trin. 5. the aforesaid Ed∣gar entred an Issue in London, and Clerk, Filizer of Norf. entred two Issues, Hil. 5. Gasnold, Filizer of Suf. entred a cause against two Defendants where∣in the one pleaded and the other suffe∣red Judgment, Paschae 6. nil dic. in Ejectment by the said Edgar and an Issue wherein John Woodward a very able Clerk of the then cheif 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 shew 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 entred it for another Attorney, and a multi∣tude of those former Entries I have al∣ready

mentioned as well as those I am yet to set down, are made for other persons Attornies for the Plaintiffs, as may appear by the Records them∣selves. In Trin. 6. divers Issues and Judgments, 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 Creme, (one of the Clerks of the then cheif 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 entred it with his own Master the cheif Clerk, but questionless he did enter it with the Filizer, for that he thought in his Judgment 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 Judgment, Hilary 7. the like by Mere∣field and others, Paschae 8. an Issue, Defalt, and a Demurrer in three seve∣ral causes, Trin. Mich. and Hil. prox. the like, Paschae 9. the said Merefield enters an Issue wherein Hatton Berners was Attorney for the Plaintiff, and Clerk to the cheif Clerk and another wherein the aforesaid Jumper is Attor∣ney

for the Plaintiff, who as is said be∣fore was one of those Attornies that made the presentment, Trin. 9. several Filizers entred 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 Entring Clerk, and filed his Rolls for him as I am in∣formed, Mich. 9. the like Hil. 9. seve∣ral Filizers had 27 Rolls, entered seve∣ral Issues and Judgments by defalt, and one Issue is in a Quare Impedit be∣tween 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 cheif Clerk's Rolls beginning commonly at 20, but they may go farther if their number of cau∣ses do require it. Paschae 10. Trin. and Mich. prox. several Issues, and Hil. prox. 13. Issues and Judgments by defalt, and in Trin. 11. and Mich. and Hilary next, the like, In Paschae 12. two Issues one wherein the aforesaid Merefield en∣ters 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 under∣stood 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 re∣plevin 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 entred by the said Mere∣field and one Sommers then Filizer of Middlesex and other Filizers, and Im∣parlances and Judgments by defalt, and in some of those Issues, the Plain∣tiffs themselves were Clerks to the then cheif Clerk, Paschae 15. the like, Trin. 15. the like in 14 several Issues and Judg∣ments by defalt, and in one of the de∣falts upon which there is a Writ of In∣quiry awarded, and Judgment there∣upon, the aforesaid John Woodward was Attorney for the Plaintiff, and Wood∣ward Senior Filizer, and there also one Rott a Filizer enters process in appeal de mort. Mich. and Hil. prox. the like as to Issues and Judgments by defalt,

one wherein Harman Atwood one of the Clerks to the then cheif Clerk, was Attorney for the Plaintiff, and as able a Clerk as any was in his time, in Pas∣chae 16. Rotulo 19. the said Merefield enters as Filizer of London, an Issue in London in ejectment, inter Lloyd & Hide, verdict and Judgment, Cecill At∣torney for the Plaintiff, and Antrobus (one of the Attorneys that made the said presentment) for the Defendant who af∣terwards brought a Writ of Errour in Parliament, and the Judgment there affirmed, and the affirmetur entred 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 defalt, in Mich. prox. the like, in Hil. prox. Rotulo 20. the said Merefield en∣tred an Issue int. Hunt one of the Clerks to the then cheif Clerk, &c. Plaintiff and Brough Defendant, breve erroris super inde in Parliamento & Judicium affirmetur, entred also, The Filizers Rolls then reached there to number 24, Paschae 19. & Trin. prox. the like as to Issues and Judgments by nil dicit Hil. prox. Issue in Essex, and tryed at the Bar and Judgment entred, Paschae 21. Trin. Mich. and Hil. prox. the like

as to Issues and defalts, and in the afore∣said Trin. Term a Scire facias and Judg∣ment upon it, Paschae 22. the said Me∣refield, Filizer entred a Judgment in case in London, inter Ingram and Inning Hewson Attorney pro Quer. and Gerg. pro Defendant, two very able Clerks un∣to the then cheif Clerk, and breve de errore in Parliamento super inde & affirmetur, entred likewise, Trin. and Hil. prox. several Issues Paschae 23. Ro∣tulo 19. the said Merefield entred an Is∣sue in London inter Finch & Wallis, Hod∣desdon Attorney pro Quer. who was af∣terwards 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 Thomp∣son 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 a∣bout that time of that name, but I pre∣sume it was not he, because I believe he would have informed the Attorney for the Plaintiff that he ought not have en∣tred 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 up∣side down. It appears that in Trin. 1649. and Hil. following, there were * 1.19 the like Issues and defalts entred, In Paschae 1651. Rotulo 19. the same Me∣refield, enters a defalt for one Holwor∣thy, Plaintiff who was one of the Clerks to the then cheif Clerk, this was the Term in which the Law suffered so great a change as to have all the pro∣ceedings of it in English, yet then it suffered no mutation as to the entring with the Filizer, so in Trin. Term fol∣lowing, Ironmonger, Filizer of Bedford∣shire, entred two Issues, wherein one Blincoe was Attorney for the Plaintiffs, he was one of the Clerks of the then cheif Clerk, and kept the Files of Writs in the then Kings-Bench-Office. In Hil. 1651. Rotulo 19. T. Stone a Filizer in∣rolls an Indenture inter Whittle and Whittle, and the Filizer of Essex like∣wise 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 Attor∣ney 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 en∣tred a Judgment in replevin with Re∣torn. habend. & a Cap. in Withernam, In Paschae 1655. Rotulo 18. an Issue and Rotulo 19. another Indenture inrolled, In Hil. next, Rotulo 12. F. Gregg, Fi∣lizer of Derbyshire (and at the same time one of the Clerks to the now cheif Clerk) enters special pleadings in re∣plevin, non pros. super inde cum retorn. habend. Paschae 1656. Roll 17. another Indenture Hilary 1656, Rolls, 7. 8. 9. 10. 11. several Issues, and a defalt, Pas∣chae 1657. and Trin. following the like, Paschae 1658. Rotulo 19. the said Mere∣field entred an Issue, wherein John Brewster was Attorney for the Plaintiff, and now living, and a Clerk to the now cheif Clerk, and one Coxe for the De∣fendant, it was in London; Non assump∣sit inter Hardman and Hayes, Trin. & Mich. prox. the like, Hil. 1658. seve∣ral Issues, one that the said Merefield entred for one Peter Naylor Attorney for the Plaintiff, and Clerk then to the then and now cheif Clerk, as able and

knowing a man in Clerkship as any of his time, fit to have made a Secon∣dary of, and after the Plea, a relicta verificatione signed by the then Secon∣dary, Trin. 1659. Roll 12. 13. 14. an Issue and two Indentures, Mich. prox. Roll. 13. 14. 15. three Indentures en∣tred. 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 up∣wards last past. It appears in Mich. 12. Caroli Secundi Rotulo 19. that an Indenture is there by Stone the Filizer entred, Paschae 14. Rotulo 18. Sommers * 1.20 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. Judi∣cium in replevin, cum retorn. habend. averia elongat. & Cap. in Withernam a∣gard, Hil. 25. & 26. Rotulis 18. & 19. defalt in case, Scire facias super Ʋtla∣gar, and an Indenture, Trin. 26. Rotu∣lo 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 & defalt. Hil. 29. & 30. Rotulo 19. an Issue, In Paschae 30. Rotulo 18. & 19. an Issue and defalt, Hilary 30. & 31. Rotulis 10. 18. 19. another Inden∣ture, nihil dicit & non assumpsit, Mich. 32. Rotulo 17. breve erroris sur. Judici∣um in regno Hiberniae & Judicium affir∣metur intrat. & Rotulis 18. & 19. two Indentures, Paschae 33. Rotulo 19. ano∣ther Indenture, Trin. 33. Rotulis 18 & 19. several Issues and Judgments, 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 defalt, 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 Inden∣tures.

And now I do heartily beg the Rea∣der's pardon, that I have tired his pati∣ence with so many particular proofs in this nature, and truly I would not have done it but have saved my self and him much labour herein, but that it lay up∣on me to make out this matter; In

which he may remember there are seve∣ral Appeals of Murther, Robery, and Mayhm said to be entred, which puts me now also in mind of appealing to him, and not to him onely, but unto all that shall reade this Treatise, whether they think the Filizers of this Court have not had a right to enter Issues and other proceedings grounded upon Original Writs, if so, when, where and how did they loose 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 proceedings thereupon on their own Rolls as Fili∣zers.

Some directions in the way of practice by * 1.21 Original Writ in this Court.

AND first, to proceed either to the arrest or to the Outlawry, you may remember it hath been said be∣fore, 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 Cli∣ents cause of action, and then draw up a precipe (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 Sirname, to∣gether with the Addition both of his Degree and Mystery as to his Profes∣sion and the place where conversant; for if his Addition be omitted, all the

Proceedings are void by the Statute of Additions made in primo Henrici Quin∣ti, 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 Indict∣ments, 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 pro∣cess upon the said Original Writs, Appeals or Indictments, in the which the said Additions be omitted, any Ut∣lagaries be pronounced, that they be void, frustrate, and holden for none; And that before the Utlagaries pro∣nounced, the said Writs and Indict∣ments shall be abated by the excep∣tion of the Party, wherein the same, the said Additions be omitted, Provi∣ded 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 Dis∣cretion of the Chancellour.

These are the very words of the Statute; So that you see hereby, that (debile funda∣mentum fallit opus) which ought to be the Attorny's care to prevent, and he must also take care to draw up his Precipe 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. &c. tunc pon. C. D. nu∣per * 1.22 de, &c. gen. de placito quare vi & armis Clm. & Doum. (si in London) Clm. (si in Middl.) ipsius A. apud, &c. fregit, Et alia enormia ei intulit ad * 1.23 grave dampnum ipsius A. & contra pacem nostram, &c.

Ret. in banco Regis, à die Paschoe in 15 dies ubicunque, &c.

E. F. Att. pro Quer.

Si, &c. ut antea, usque de placito qua∣re * 1.24 vi & armis in ipsum A. apud, &c. in∣sult.

fec. & ipsum verberavit, vulneravit * 1.25 & maletractavit, Ita quod de vita ejus desperabatur, Et alia, &c. ut antea;

Ret. ut antea.

Idem Att.

Si, &c. ut antea usque de placito quare * 1.26 vi & armis unum Mesuag. & viginti acras terrae cum pertin. in L. que G. H. prae∣fat. * 1.27 A. B. dimisit ad Terminum, qui non∣dum praeteriit intravit & ipsum à firma sua praed. ejecit, & alia enormia, &c. ad grave dampnum, &c. Et contra pacem nostram, &c.

Ret. ut antea.

Idem Att.

Si, &c. ut antea, usque de placito quare * 1.28 cum, &c. & sic recite le tout cause del action usque ad dampnum ipsius A. B. Centum Librar. ut dicit, &c.

Ret. ut antea.

Idem Att.

Note, that upon such Originals as are in Case, where the Damages do ex∣ceed 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 * 1.29
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 can∣not be Teste out of Term (although in Law to some purposes the Term is be∣gun on the Essoin-day.) And the com∣mon course is now (to regain time) as it is used in the High-court of Chancery, to take out a Subpoena first, and then af∣ter to bring in the Bill. So here to take out the Capias first, and bespeak your Precipe, and sue out the Original after∣wards, although it be supposed in Law to be sued out before; for that the Ori∣ginal cannot be so speedily sued out at all times in the vacation time, but one∣ly when the publick Seals are open in Chancery, except you will get a pri∣vate Seal, which you may have, for indeed the High-court of Chancery is

said to be Officina Justitioe semper aper∣ta, and therefore if there be a Precipe, as it is before called, left with the Cur∣sitor, and the Original made by that Precipe, and sealed before the return of the Capias, it hath usually been taken to be good enough to warrant such Ca∣pias; and if such Precipe be delivered in to the Cursitor within the first week of any Term, he will (if desi∣red) 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 Doo. Richardus Roo. In∣fra 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 Pro∣cess, between the Test and return of each Writ; and this in all Proceedings as well to the Outlawry as to the Arrest upon the Capias, except in one return onely, of in Cro. Animar. in every Mi∣chaelmas Term; which is made good by the Statute of 17 Car. primi, Cap. 6.

Which saith,

That all Writs and Pro∣cess in personal Actions hereafter to be made out of any of his Majesty's Courts at Westminster, and having day from tres Mich. untill 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 con∣trary heretofore notwithstanding;

And if the Action be laid in one County, and the Defendant live in another, upon a non est inventus retur∣ned 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 Precipe 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 Exi∣gent and Proclamation, and then deli∣ver 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 be∣tween the teste and return of the Exi∣gent, 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 Hus∣tings or County-Court days, and if up∣on 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 Clyent, 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 mak∣eth up the Paper-Book himself (it be∣ing 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 Tryall, (as in other cases by Bill) then he taketh out from the said Filizer a Ve∣nire facias, Distring. Jur. and Subpoena, and then sealeth the Record of Nisi pri∣us with the Custos brevium, if it be not in Middlesex, if so, then with the Lord Cheif Justice, and some time before the day in Banck, which is always the Essoin-day of the next Term after any Assises if the action lie in the Country, or if in London or Middlesex, then be∣fore the next Essoin-day after the Try∣all, he bringeth the Issue to the said Filizer to be entred upon his Rolls, and in the aforesaid Venire facias and Dis∣tring. there need not to be 15 days (as in other process before Issue joyned) 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 O∣riginal Writs, have been protracted and long delayed from Judgment and Execution, by reason of the necessity of having fifteen days at the least, be∣tween

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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 Te∣nements; For remedy thereof, and for the more easie expediting Trials, and the better and more speedy exe∣cuting of Judgments for the time to come, Be it farther enacted by the Authority aforesaid, That in all Ac∣tions 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; af∣ter * 1.30 any Issue therein joined to be tri∣ed by a Jury, and also after any Judg∣ment 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 sa∣tisfaciend. 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 Errour, any Law, Custome, Sta∣tute, Course or Usage to the contra∣ry thereof in anywise notwithstan∣ding; Provided nevertheless, that this * 1.31 Act, nor any thing therein contained, shall not extend or be construed to extend to any Writ of Capias, where∣on a Writ of Exigent after Judgment 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 Judgment, he then entreth it up to the Filizer's Issue∣roll as aforesaid, and taketh for his Fees the like Fees as by Bill; But if the De∣fendant appear not at all, but suffer himself to be returned outlawed upon the Exigent or Allocat, then 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 filed, and bringeth it unto the Filizer, and then he will make him out either a general or spe∣cial

Capias utlagat. And this is all at present that may be thought necessary in this matter by way of direction; Onely 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 ob∣serve 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 Wo∣man is always said to be Waviat. wa∣ved, 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 Mo∣dus 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 ap∣pear upon the Exigent or Allocat. al∣though 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 Defen∣dant hath been called, and hath not ap∣peared.

Also how to appear for the Defendant, either upon Arrest, or upon the Exi∣gent, or upon the reversal of the Out∣lawry.

AS to the appearing upon the Arrest * 1.32 (if special Bail be required) it must be thus; The Defendants Attor∣ney 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 Attor∣ney must give in a note of the Bail, and before what Judge put in, unto the Plaintiff's Attorney; and if he ac∣cepts 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 At∣torney 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 ei∣ther put in other Bail, or else justify the same upon oath in the Term-time in Court; and then the Plaintiff is bound to accept them. And as to the * 1.33 appearing on the Exigent there (as is said before) no Bail is to be given, but onely the Defendant is to enter his ap∣pearance with the Filizer per Attorn. suum, and then taking from him a Su∣persedeas, Quia improvide, suggesting such appearance in the Writ, which Writ he must deliver to the Sheriff. And as to the appearing upon the re∣versal * 1.34 of the Outlawry, it is thus. The first thing the Defendants Attorney must doe, 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 Fi∣lizer to enter upon the said Roll by way of averment, a defect in the pro∣ceedings, 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, alledging the want of a Pro∣clamation; and upon due search of the said File by the Secondary of the Court, and none appearing to the Court to be filed, 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 Condem∣nation, if he shall be convicted, is all to be entred by the said Filizer up to the Process of Outlawry before entred, for entring 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 Or∣ders * 1.35 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 entred 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 Exe∣cutours 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 before-mentio∣ned, may appear to have been ancient∣ly the practice of this Court. And in these and the like Cases, the Defen∣dants do in the Common-Pleas appear by Attorney; But in this Court the De∣fendant

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 con∣tempts 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 ap∣pear 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 de∣bate in the House of Commons upon a Bill then brought in, but no Act passed thereupon for want of time, as is pre∣sumed, and whether hereafter it may not be a matter fit to be farther deba∣ted, I shall leave to the wisedom of the great Council of this Nation when as∣sembled in Parliament. But to return, it may be such Defendant hath been obli∣ged to appear in person out of that

high respect that ought to be given to the grandure of this Court (the King himself, as before is said, being suppo∣sed sitting there.) And to be outlawed formerly in the Reign of King Alfred (and untill a good while after the Con∣quest) for Felony, as my Lord Coke hath it in his First Institutes, Cap. Vil∣lenage, 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 hatefull Beast, might; For utlagatus & waviata Capita gerunt Lupina. But then 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 Malefactours, that so they may be punished or discharged by the hand of the Law onely, which nulli fa∣cit injuriam; And although then 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 (spea∣king in general of such Proceedings, and not of any Court in particular) Process of Outlawry doth lie in Ac∣count, Debt, Detinue, Annuity, Co∣venant; 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 re∣versal, besides the want of a Proclama∣tion, and that by plea for matters ap∣parent, 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 Errour: And farther, if the Defendant be arrested by a Capias utla∣gat. he ought not to be discharged out of custody without a Supersedeas for the same, as appears by the last men∣tioned 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, then he may have a Habeas corpus to bring him into Court to reverse such Out∣lawry; But if all the Process to the

Outlawry be well returned, entred and filed, then there is no way to reverse the same but by Writ of Errour, which comes in the next place to be handled.

How to reverse an Outlawry by Writ of Errour.

IT hath been a received Opinion that no Writ of Errour lies returna∣ble 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 Judgment is had and obtained upon such Action, for every Writ of Errour supposes a Judgment of the Court gi∣ven, for the words in every such Writ are (Si Judicium inde reddit. sit) but in this case, where it is no Judgment 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 Judgment within themselves by a Writ of Errour which may be called a Writ of Errour coram nob. residen. and this appears by the Register of Writs, fo∣lio

133. Title-errour in these words, Rex, &c. Dilect. & fidelib. suis F. P. Milit. Capital. Justic. nostro & Sociis suis Justiciariis nostris ad placita in Cur. nostra coram nob. tenend. assign. Salutem, Quia in recordo & processu ac etiam in promulga∣tione utlagariae in T. S. nuper de K. in Com. H. Yeoman in London, nuper pro∣mulgat. & coram nobis ut dicitur retor∣nat. 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 fie∣ri facias quod de jure & secundum legem & consuetud. Regni nostri Angliae fuerit faciend. T. &c. But this Writ of Er∣rour is not to be made by the Filizer although inserted here, but (as all o∣thers) doth belong to the Cursitor to make, the which, together with the Return thereof, and all the Process of Outlawry thereupon must be entred 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 Er∣rour could not be brought returnable in this Court but in Parliament (consi∣dering their intervals) what great pre∣judice would arise thereby to such De∣fendants against whom all Writs and Process are duly returned and filed, which the Attorney for the Plaintiff may doe if he think it fit; though it is usual to forbear filing of the Procla∣mation, 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 sel∣dom used to file all the Process, where∣by to put the Defendant to bring a Writ of Errour to reverse such Out∣lawry.

How to proceed to the Outlawry after Judgment.

IT hath been made a Question, whe∣ther such Process could lie in this Court or not; and the reason alledged hath been, for that after a Recovery of a Judgment had and obtained (al∣though 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 Re∣cord but an Action of Debt; in which Action this Court hath not used to proceed by Original Writ. But in an∣swer thereunto, in this Case the Plain∣tiff doth not bring his Action, but onely as it were pursues the having of his Execution; to which end the At∣torney for the Plaintiff is to take out from the Filizer a Capias ad satisfacien∣dum directed to the Sheriff of that County where the Action is laid, and upon a non est inventus returned and fi∣led, 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 proceedings 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 it self. But it may easily be farther proved that seve∣ral 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 Marshall an Attorney; all Attornies 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 onely upon Judgments recovered upon Ac∣tions brought by Original Writ, but also upon Judgments affirmed upon Writs of Errour brought upon Judg∣ments given in inferiour Courts, in Actions of the Case, and the like Ac∣tions that are usually brought in this Court by Original Writ. And this Proceeding being very rare and sel∣dom 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 Plain∣tiff if he pleaseth to proceed as well to the Outlawry after Judgment, where∣by 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 Judg∣ment.

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 Aske and Richard Newdigate, and among them these following.

For asmuch as some inconveniences do some times happen to the Plaintiffs by entring their De∣clarations in special Actions, It is therefore ordered, that the Plaintiff in such special actions shall have li∣berty to enter Imparlances the next

Term following, entring the same of the first Term with an Incipitur as it hath been usual, and that all other Imparlances be duely entred before any Issues, Demurrers or Judgments thereupon be entred. That if a De∣fendant appear the first Term, and give no rules to declare, the Defen∣dants Attorney may the second Term be compelled to accept a Declaration with an Imparlance, and the Decla∣ration 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 re∣quire. That if the Plaintiff declare not the second Term, though the Defendant give no Rules, yet a Non-suit may be entred at the end of the second Term upon a continuance o∣ver 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 appea∣rance be the first return of Hilary or Trinity-Term no Imparlance without consent or special rule, In causes (o∣ther than London or Middlesex) if the appearance be before Crastin. Martini or Mensem Paschae, no Im∣parlance

without consent or special rule, but if upon or after those re∣turns 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 Defen∣dant 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 Non-suit to be entred;

And likewise in the Court of Common-Pleas by their Orders made and printed in the year of our Lord, 1672.

If the Defendant ap∣pears 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 Impar∣lance 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 re∣turn

in any Term, so as a venire facias may issue forth, there the Defendant ought to answer the first Term in all personal and mixt actions, but in re∣al 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 De∣fendant'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 un∣derstand the practice of both Courts, (when an Attorney for a Defendant by Summons appeared before him,) did order that Attorney to take a Declara∣tion in an action of the case by Origi∣nal Writ, although his Client had been

sued to the Exigent but in trespass one∣ly, and his reason was that the onely end that the Plaintiff had to sue the De∣fendant to the Exigent was but in or∣der 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 Entring of these Imparlan∣ces (as it is in the Common-Pleas) so it is in this Court, there are Imparlance Rolls on which the Declaration and Im∣parlance are entred, and Issue rolls on which the said Declaration and Issue are entred, 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, then they are to be amended by the Original Writ it self, which is the ground of all the sub∣sequent proceedings.

How to plead an Outlawry, either in a∣batement or bar of any Action.

THe first thing you are to doe, 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 Ʋtlagat. then seal it and affix it to your Plea, for if it be pleaded in dis∣ability of the person it must be pleaded as my Lord Coke saith * 1.36 forthwith sub pede Sigilli, (unless the Record be in the same Court,) But if it be pleaded in Bar, and it be denyed, 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 Plain∣tiff after that purchase a Charter of Pardon, the Defendant shall answer be∣cause the Charter hath restored the Plaintiff to the Law; So note the disa∣bility abateth not the Writ, but disin∣ableth the Plaintiff untill he obtaineth a Charter of Pardon or reverseth the

Outlawry some other way, If the ground or cause of the action be for∣feited 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, &c. (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 custome 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 pro∣cess of Exigend by the Sheriffs return, as is used in a Writ of accompt, Which (as by the Statute of the 52. of Henry the 3. Cap. 23. appears) was against Bayliffs of Lords, by attach∣ment of their Bodies, so here after the Exigent returned it is by Capias Ʋtlagat.

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 per∣son. And in the aforementioned Or∣ders 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 Exi∣gent and Outlawry joyned to the com∣mencing of the suit; The Court then being very tender and carefull of put∣ting 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 Plea∣ding.

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 mo∣tion in what cases to permit the chang∣ing or alteration of the Visne, but ge∣nerally the same is never granted but upon some Affidavit, and by the for∣mer Orders and Rules of this Court be∣fore recited,

It is ordered, that actions upon the Case, Trespass for

Goods, Assault or Imprisonment, a∣rising 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, Im∣prisonment and Slander must needs be notorious in what County they a∣rise the Attorney knowingly laying them out of their proper Counties, unless in the cases before expres∣sed, or for such other causes as shall be allowed by the Judges of the Court and duely made to be true, to be se∣verely punished. That although the Declaration be delivered seven days before the last day of the next pre∣ceding Term or after, yet before Plea, upon Oath made the visne may be changed upon motion in the said Transitory actions the next Term af∣ter, 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 al∣ter

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 In∣quisition 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 Ʋtlagat. 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 set∣teth

his own name to the bottom of it, and then he delivereth it to the Attor∣ney for the Plaintiff who carrieth it in∣to 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 be∣fore) 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 a∣gainst him, but to suffer himself to be Outlawed, and this to be by a pecuni∣ary 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 Ʋtlagat. and Inquisi∣tion annexed into that Filizer's Office who made it out, for he (as is said be∣fore) is Clerk of the Outlawries as well as Filizer, and he will make you a Tran∣script of the Writ, Return and Inquisi∣tion, 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 Tran∣script, and then fileth the Writ and Inquisition with the Custos brevium of this Court, and then goeth to the Cur∣sitor 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 Inqui∣sition so filed as aforesaid into the high Court of Chancery, which Certiorari he carrieth to the said Custos brevium who alloweth the same with the Lord Cheif Justice of this Court, and then the At∣torney delivereth the said Transcript to the Custos brevium who affixeth it to the Certiorari, and then the Custos bre∣vium sealeth up the same and delivereth it to the Attorney under Seal, who car∣rieth it forthwith into the Petty-Bag-Office belonging to the said high Court of Chancery, where it is filed of Record, Out of which Office, the same is sent by a Writ of Mittimus into the Court of Exchequer, into the King's Remem∣brancers-Office there, where it is like∣wise filed of Record, after which the said Attorney for the Plaintiff, retai∣neth one of the Attornies 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 af∣ter 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, then the Attorney for the Defendant applying himself to one of the said At∣tornies 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 other∣wise, according to the custome used in that Court.

Somewhat concerning the drawing of De∣clarations 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 re∣petitions of the Original Writ in Ac∣tions upon the Case, and Personal Ac∣tions upon Penal Statutes, That De∣clarations in Actions of Trespass upon the Case, or personal Actions of any general Statute, namely Huy and Cry, Monopolies, or for a Suit in the Admiralty, and such like, other than Debt, repeat not the Original Writ but onely 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 Assign∣ment, the Declaration upon an Ori∣ginal Quare clausum fregit, may men∣tion the place certainly, and so pre∣vent the use and necessity of it.

But by these Orders it doth not appear (none but long Actions being therein mentioned) that Trespass, and Tres∣pass and Assault, and Trespass and E∣jectment, being very short Declara∣tions 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 Inferiour Courts into this Court, and after that how to pro∣ceed in them.

AS to removing of Causes by Writs of Errour, Certior. Habeas Cor∣pus, or the like, I shall pass them over as being matters very well known by most Practisers in this Court, and shall onely say somewhat of removing Plaints out of such Inferiour Courts, as County Courts, or Sheriffs Courts, and Court Barons, or Manour Courts, but more especially of County Courts, and in them touching Plaints in Re∣plevin there entred, and sued with∣out Writ out of the Chancery, as it is said in Fitz. Nat. brevium, fol. 170. if the Plaintiff or Defendant will re∣move such Plaints, he ought to sue a Writ of Recordare out of the Chance∣ry, directed unto the Sheriff of that County, in whose Court the Plaint is entred, vide the Writ it self 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 shewn in the Writ; but the Defendant cannot without shewing cause for it in the Writ. And the like he must doe 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 Plain∣tiffs 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 limitted in that rule, against the De∣fendant, or if he do declare, and the Defendant avoweth or maketh Cogni∣zance, and upon the Issue tried, or by defalt in the Plaintiff, the Judgment be for the Defendant or Avowant, then 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. then 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 Wi∣thernam, then the Filizer will make you a Capias against the Plaintiff's Bo∣dy; and so proceed to Outlawry. And if the Plaintiff do declare that the De∣fendant yet hath and doth detein the Cattle, &c. and the Defendant ap∣pears, and afterwards makes defalt, the Plaintiff shall have Judgment to re∣cover all in damages, as well the value of the Cattle, as his damages for ta∣king of them, and his Costs; and to that end, the Attorney for the Plaintiff may have a Writ of Enquiry of dama∣ges from the said Filizer, the same proceedings in case it be in a Replevin for any dead Chattells, &c. 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 Manour Courts, there it shall be also removed by a Writ of Accedas ad Cur. and the pro∣ceedings therein the same as before is

said: And if the Sheriff in any case re∣turn a tarde, there may be an alias and pluries had, and if a Replevin be with∣in any Liberty or Franch••se, and the Sheriff return upon the Writ of Re∣plevin (if it be by Writ) that he hath commanded the Bayliff of the Franchise, who hath given him no an∣swer, or that the Bayliff will make no deliverance, then the Plaintiff may have a Non omittas to the Sheriff, com∣manding him to enter into the said Li∣berty or Franchise, and make the re∣turn, and if the Sheriff doe it not, then the Plaintiff may have an alias and plur. non omittas, and so a plur. ad infini∣tum, &c. But if the Sheriff do not re∣turn the plur. replevin abovementioned, then the Plaintiff may have an Attach∣ment against the Sheriff, directed to the Coroners of the said County: Vide the Statute de Ann. 17 Car. Secundi nunc Regis, &c. Cap. 7. made for a more speedy and effectual proceeding upon Distresses and Avowries for Rents; in which you will find some former pro∣ceedings in Replevin much altered by that Statute.

Some Reasons impartially offered, to shew 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 pro∣ceedings 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 setled residence of the Kings of En∣gland 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 be∣fore 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 rea∣son

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 hereto∣fore, may appear by several Files of them now remaining in the former up∣per 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 * 1.37 Bateman de eo quod ipse decimo die Junii Annis Regnorum Domini Philippi & Domi∣nae Mariae Regis & Reginae nunc primo & * 1.38 secundo vi & armis, videlicet gladiis, &c. 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 Domi∣nae Reginae nunc, &c.

Pleg. de pros. Johannes Doo. Richardus Roo. On the back of which Bill or Plaint, it is thus written, Ca' r. Jovis post 18. sancti Martini.

Precept. est Vic. quod attach. Johan∣nem * 1.39 Bateman, Ita quod sit coram Domi∣no 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.

Coverd.

On the back of which Precept, it is thus returned, Def. infra nominat. nichil habet in balliva nostra per quod possit at∣tach.

Respons. Thomae Leigh & Johannis Machell, Vic.

Afterwards the Latitat followed (as now it is called) but then rather styled a Testatum into any other Coun∣ty, and I find it differs not at all from the now present Latitat, but onely 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 perpe∣trand. as may appear by the Files of Latitat's there remaining; by which you see, that both the Plaint and Pre∣cept thereupon do suggest a tort or wrong by a Trespass done to the Plain∣tiff, 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 Pre∣cepts thereupon were so numerous then, and the advantage of receiving and fi∣ling 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 there∣of (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 Re∣cord 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 De∣fendant, 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 real∣ly done, as to the taking out of such Bill or Precept of Middlesex, is now onely 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 al∣ways been a Bill or Precept taken out in that County to arrest any Defendant if within that County, and if not, then 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 ra∣ging 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; where∣by to intitle the Court to a jurisdiction

of the Cause, and whereas the procee∣dings 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 proceedings by Bill suppose him to have appeared, and that he is in actual custody of the Marshall of the Marshalsey of this Court, which if every such Defendant so were, the now Prison of the said Marshall 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 Attornies 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, untill of late (as is be∣fore said) it was enacted, that a Defen∣dant should not be held to bail, except the true cause of Action were particu∣larly expressed in the Writ; since which time, there is inserted in the Latitat, not onely ad respondend. the Plaintiff de placito transgr. but also ac etiam billae ipsius Quer. versus ipsum

Def. pro Centum libris de debito secun∣dum consuetud. Cur. nostrae coram nobis exhibend. Or thus, pro non performation. promiss. & assumption, ipsius Defenden. ad dampnum ipsius Quer. Centum Librar. se∣cundum consuetud. &c. and so to vary in the ac etiam according to the nature of the Action; and this being found for∣merly, and also now at this day like∣wise, to be a more easie and quick way to arrest the Defendant (because it re∣quires 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 Is∣sues, and other Proceedings 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 Attornies (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, as∣signed to inroll Pleas, &c. that is to say, by Original Writ onely, they made out all Process thereupon, and entred them, and all Issues joined there∣upon, and practised as Attornies, as the Presentment hereafter mentioned sets forth.

Secondly, The Clerks of the Office, or Clerks to the chief Clerk of our So∣vereign Lord the King assigned to enroll Pleas, &c. that is to say, by Bill one∣ly; and these Clerks had Seats in the Ancient King's-Bench Office in the Tem∣ple, which was burnt in the late dread∣full Fire of London. The said Office it self was of so great and large an extent, and the Seats so many in it, that it looked more like a Church than an Of∣fice, 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 Chro∣nicle, fol. 446. Sect. 31. is 74 foot of Assise) 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, en∣tring 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, En∣tring Clerks; and anciently did onely enter for the Attornies of the Court upon their Masters the then chief Clerk's Rolls, all manner of Declara∣tions, special Pleadings, and Issues by Bill onely, and Judgments, Demurrers, Defalts, Confessions, and all other Pro∣ceedings relating thereunto, but did not themselves practise as Attornies.

Thirdly, The Attornies of the Court, commonly called, for distinction sake, Attornies at large, for that they be∣longed 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 corresponden∣cy, 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 Attornies were the onely men of business heretofore: And such Entring Clerks as aforesaid, each Prothonotary in the Court of Common-Pleas formerly had, and now hath, be∣longing 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 onely heretofore enter for others, and did not practise for themselves as Attornies; 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 Attor∣ney should be distinct, and not promis∣cuously 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 per∣sonal 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 entring Appearances and Issues with the Filizers of that Court (although, it is true as to the Is∣sues, they do not so now) which I here for brevity sake omit, and onely cite this to shew 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 Treasu∣ry; 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 shew any such agreement between the Fili∣zers 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 untill 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 presen∣ted unto Queen Elizabeth by John

Rooper and Thomas Rooper (then 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 Of∣fice 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 Decla∣rations 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 a∣mong the said Reasons (as their own concession) this was one, That the Fi∣lizers of this Court have used to have the Entries of all general Issues in Ac∣tions 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 entred in Michaelmas Term, in the year afore∣said, 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 hereto∣fore entred some, yet that doth not de∣termine 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 backt with inte∣rest) the lesser: And all this (as is conceived) hath been occasioned thus, when that heretofore for fear that other Courts of Common Law should out∣strip this in practice, all the three sorts of Persons before-mentioned were per∣mitted to practise as Attornies promis∣cuously 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 chanel, and then it came to pass that Entries of Issues by Original Writ were so frequently entred on the chief Clerks Rolls by Attornies 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 Se∣condaries

of the Court; for if other∣wise, then were twenty nine able Clerks and Attornies mistaken at least, (not to say perjured, for nil nisi bonum de mortuis) who made the Pre∣sentment 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 misapprehen∣ded by being thought hereby to indea∣vour 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 Attornies (for whom I have a very great respect, and do verily believe they will not be here∣after guilty of making mis-entries, as the former Clerks have done, mentioned in the Preface to this Book.) And I do heartily wish well to the Court in both the ways of practice, and that the Sui∣tors or Clients therein may doe as they shall be advised by their learned Coun∣cil, or carefull and able Attornies, and take their Elections which way to pro∣ceed either by Writ or Bill; what I have now said being by way of argu∣ment onely and no otherwise (to prove how it hath come to pass that some En∣tries 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 there∣fore am obliged to desire the prospe∣rity 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 Reve∣rend and Learned Judges sitting there∣in, unto whose great and profound Wisedom, I do most humbly submit whatsoever I have said in this small Treatise, having designed nothing here∣in 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, Judgments and Defalts, and other proceedings in actions brought by Origi∣nal Writ, and entred by the Filizers.

ANd First, To begin with such Writs in which you proceed to the Out∣lawry, wherein your Capias alias & plur. may be made short, not reciting the cause of action at large.

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Carolus, &c. Vic. L. Salutem, Prae∣cipimus * 1.40 vobis quod capiat. A. B. nuper de, &c. in Com. &c. gen. si invent. fuerit in balliva vestra & eum salvo custod. Ita quod habeat' Corpus ejus coram nobis à Die, &c. Ʋbicunque tunc fuerimus in Anglia ad respondend. C. D. de placito Transgr. super Casum. Et habeat' ibi hoc breve. T. &c. E. F. Att.

Vic. L. Salutem, Praecipimus vobis * 1.41 sicut alias vobis praeceperimus quod capiat. &c. ut antea usque finem brevis del Cap.

Vic. L. Salutem, Praecipimus vobis si∣cut * 1.42 plur. vobis praeceperimus quod capiat. &c. ut antea usque Finem brevis delalias Cap.

Vic. L. Salutem, Praecipimus vobis * 1.43 quod Exigi faciat. A. B. nuper de, &c. in Com. &c. gen. de Hust. in Hust. quo∣usque secundum legem & consuetud. hu∣jus regni nostri Angliae utlagetur. si non comparuerit & comparuerit tunc eum capi∣at. & salvo custod. faciat. Ita quod habeat' Corpus ejus coram nobis à die, &c. ubi∣cunque tunc fuerimus in Anglia ad re∣spondend. C. D. de placito quare cum, &c. Ut in le original usque ad Dampnum ip∣sius C. D Centum Librar. ut dicit. Et

unde vosipsi nobis mand. à die, &c. (Le retorn. del plur.) ult. preterit. quod predict. A. B. non est inventus in balliva vestra. Et habeat' ibi hoc breve. T. &c.

Vic. M. Salutem, Cum vic. nostris L. * 1.44 per breve nostrum nuper praecepimus quod exigi facerent. A. B. nuper de, &c. in Com. &c. Gen. de Hust. in Hust. quousque se∣cundum legem & consuetud. hujus regni nostri Angliae utlagaret' si non compar∣uisset. Et si comparuisset tunc eum ca∣perent & salvo custod. facerent, Ita quod haberent Corpus ejus coram nobis à die, &c. (idem retorn. cum le exigent.) ubi∣cunque tunc fuissemus in Anglia, ad re∣spond. C. D. de placito quare cum, &c. (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 seper∣alibus diebus secundum formam Statuti illius unde una Proclamation' predictar. fiat ad vel prope maximum usual. Osti∣um Ecclesiae parochial. ubi est inhabitans quod se reddat prefat. vic. nostris London, Ita quod habeant Corpus ejus coram nobis ad prefat. Terminum ad respondend. pre∣fat.

C. D. de predicto placito. Et ha∣beas, &c. Teste cum le Exigent.

If the Proclamation be not Foreign but into London as the Exigent was, then say, Eum vobis, &c. as in the Supersedeas following, and Ideo vobis praecipimus quod per Statut' &c. usque quod se reddat vobis, Ita quod habeat' Corpus, &c. Et habeat' &c.

Vic. L. Salutem, Praecipimus vobis * 1.45 quod allocat. ill. quatuor * 1.46 Hust. ad quos A. B. nuper de, &c. in Com. &c. gen. exact. fuit & non comparuit prout. † 1.47 vos∣ipsi nobis à die, &c. (le retorn. del Ex∣igent) ult. preterit. mand. ipsum A. B. ad prox. Hust. vestrum London ulterius exigi fac. quousque secundum legem & consuetud. hujus regni nostri Angliae ut∣lagetur si non comparuerit, &c. ut in le Ex∣igent, usque ut dicit. Et habeat' &c. Teste, le retorn. del Exigent si soit in Terme, Si non, le quarto de post.

Vic. L. Salutem, Cum vobis per bre∣ve * 1.48 nostrum nuper praeceperimus quod exigi faceretis A. B. nuper de, &c. in Com. &c. gen. de Hust. in Hust. &c. 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 co∣ram nobis & quam plur. se obtulit ad re∣spondend' praefat. C. D. de praedicto pla∣cito, Sic que breve nostrum praed. inde versus eundem A. B. minus rite emana∣vit, Ideo vobis praecipimus quod de ulterius exigend' praed. A. B. utlagand. capiend' seu ipsum in aliquo modo molestand. occa∣sione illa omnino supersedeat. T. &c. Sur le Teste jour del Exigent, ou ascun temps devant le retorn. de ceo.

Vic. M. Salutem, Praecipimus tibi * 1.49 quod non omittas propter aliquam liber∣tat. Com. tui quin capias A. B. nuper de, &c. utlagat. in London die Lunae (le quinto exact.) Anno regni nostri, &c. (vel ult. praeterit.) ad sect. C. D. de placito, &c. si invent fuerit in balliva tua & eum salvo custod. Ita quod habeas Corpus ejus coram nobis à die, &c. ubi∣cunque tunc fuerimus in Anglia ad fac. & rec. quod Cur. nostra coram nobis con∣sideravit in hac parte. Et habeas, &c. Si in London, (propter aliquam Liber∣tat. Com. Civitat. vestrae quin, &c.)

Vic. M. Salutem, ut antea usque Com. * 1.50 tui quin per Sacr' probor. & legalium ho∣minum de eodum Com. tuo diligent. in∣quir.

quae bona & catalla terras & tenemen∣ta A. B. nuper de, &c. in Com. tuo gen. habet seu habuit, &c. (Ut in le gen. Capias utlagat. usque de placito, &c.) prout Vic. nostri London nobis apud Westm. ad certum diem jam praeterit. mand. Et ill' pereor' Sacr' extendi & appreciari fac. juxta verum valor' eorundem. Et ea quae per Inquisitionem illam inveneris in man∣nus nostras capias & salvo custod. fac. Ita quod de vero valore & exit. eorundem nobis respond. Et illis sit extent. & ap∣perciat. quid inde fac. scire fac. nobis in, &c. ubicunque tunc fuerimus in Anglia distincte. & aperte sub Sigillo tuo & Si∣gillis eor' per quor. Sacr' extent. & ap∣perciation' 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 prae∣cipimus quod praed. A. B. ubicunque in balliva tua tam infra libertat. quam ex∣tra inveniri contigerit capias & eum salvo custod. Ita quod habeas Corpus ejus co∣ram nobis ad praefat. Terminum ubicunque, &c. ad fac. & rec' quod Cur. nostra co∣ram nobis consideraverit in hoc parte. Et habeas, &c.

London ss. C. D. per Attorn. suum ob∣tulit * 1.51 se quarto Die versus A. B. nuper de,

&c. in Com. &c. gen. de placito quare * 1.52 cum, &c. & sic recite le tout breife de Cap. usque ut dicit. Et ipse non ven. Ideo sicut alias praecept. fuit vic. quod ca∣perent eum, &c. Et vic. modo mand. quod non est inventus, &c. Ideo sicut plur. capiatur quod sit coram Domino Rege in Crastin. Animar. &c. ubicunque, &c. 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. praecept. fuit vic. quod caperent eum, &c. Et vic. modo mand. quod non est inventus, &c. Ideo praecept. est vic. quod Exigi fac. eum de Hust. in Hust. quousque, &c. utlagetur si non, &c. Et si, &c. tunc eum capiant, &c. Et salvo, &c. Ita quod ha∣beant Corpus ejus coram Domino Rege in Octab. Pur. &c. ubicun{que} &c. ad respondend. praefat. C. D. de praedicto placito Prae∣cept. est etiam vic. M. quod per Statut. in hujusmodi casuedit. & provis' procla∣mar' 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 respon∣dend. praefat. C. D. de praed. placito. Et Sciendum est quod breve Domini Regis in∣de

Sexto die N. isto eodem Termino de∣liberat' * 1.53 de Recordo Deputat. vic. L. praed. in forma juris exequend. &c. Ad quas qui∣dem Octab. Pur. &c. coram eodem Do∣mino Rege apud Westm. ven. praed. C. D. per Attorn. suum praed. Et vic. L. vi∣delicet S. S. & T. P. retornaver' quod ad Hust. de placito terrae tent' in Guild-hall Civit' London. die Lunae prox' post Festum, &c. Anno, &c. praed. A. B. pri∣mo exact' fuit & non comparuit, Et ad Hust' (& sic recite les tout retorn' us∣que le quinto exact. fuit) & non compa∣ruit, Ideo ipse idem A. B. utlagat' est, Posteaque scilicet à die Paschae, &c. ex∣tunc prox' sequen' coram eodem Domi∣no 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 Do∣mini * 1.54 Regis de Proclamatione secundum formam Statut' de Anno tricescimo pri∣mo 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 vigo∣ris 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 occa∣sione utlagariae praed. amisit restituatur Et praed. A. secundum formam Statuti in hujusmodi casu edit' & provis' invenit sufficient' Manucaptor' videlicet B. F. de, * 1.55 &c. Et W. M. de, &c. 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, & uter∣que eorum per se concedit de eorum & utriusque eorum terris & Catallis fieri, & ad usum praed. C. D. levari sub Con∣ditione quod praed. A. B. comparebit & praefat' C. D. respondebit ad novum bre∣ve Original' per praedictum C. prose∣quend' pro causa in dicto brevi mentio∣nat' & solvet Condempnationem quae fo∣ret recuperat' Si praed. C. D. sectam su∣am infra duos Terminos prosecut' fuerit, &c. Super quo viso praed. brevi scruta∣toque filo brevium de retorno praed. bre∣vis 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' * 1.56 A. B. in forma praed. promulgat' & habit' reversetur & quod praed. A. B. de utla∣garia praedicta exoneretur & ea occasione non molestetur in aliquo seu gravet' sed eat inde quiet' &c. Et quod praed. A. B. ad omnia quae ipse occasione utlagariae prae∣dict' amisit restituatur, &c.

I do find by the Filizers rolls, that most commonly such reversals of Outlawries were entred up to the pro∣cess thus awarded, but sometimes when it happened that the Filizers had the Original Writs so late brought into their Offices by the Attornies that they could not award such process, for that their Rolls were filed, then I find that they entred up such Reversals to the Entry of the Exigent by a Dominus Rex Mandavit, &c. and so recited the whole Exigent in haec verba and the re∣turn unto the Quinto exact' and Judg∣ment of Outlawry, and then to assign the Error' pro Defect' Proclamation' &c. ut antea, &c. but certainly the best way is to enter it up to the awar∣ding 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, &c. tra∣ditur * 1.57 in ballium super novum breve Original' post utlagar' reversat' per C. D. infra duos terminos prox' sequen' impe∣trand' & ad satisfaciend' Condempnation' si convict' fuerit,

Scilicet.

R. F. de Paroch' sancti, &c. in Com. M. gen.

Et

W. M. de Paroch' sancti, &c. in Com. B. gen.

Ʋterque Manucaptor' sub pena Quadra∣gint' Librar' seperatim.

E. F. Att. pro. def. ad Sect. C. D. gen.

London, ss. Cap. A. B. nuper de, &c. * 1.58 ad sect. C. D. de placito transgr. super Casum ad Dampnum ipsius C. D. Cen∣tum Librarum.

Manucaptor' W. S. de, &c. gen. Et H. I. de, &c. gen.

E. F. Att' pro def. Defend. ipse in C. C. l. Ʋterque Man' in C. l.

Note, This last special appearance, or special Bail, the Filizer of the Coun∣ty out of which the action ariseth, en∣treth 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 Plain∣tiffs Attorney taketh away the Bail∣peice from the Judge, and after it is entred he fileth it with the Custos Bre∣vium of this Court, with whom all Writs and Process whatsoever, groun∣ded upon Original Writs ought to be filed; the Original Writs themselves being fileable with him onely 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 * 1.59 nostrum nuper praeceperimus quod non omit∣teres propter aliquam libertat' Com. tui quin per sacrum probor' &c. (ut in le special' Cap. utlagat' devant) usque ad faciend' & recipiend' quod 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' rever∣sat existit & quod idem A. B. superinde ven' hic in Cur' nostr' coram nobis & invenit sufficient' Manucaptor' ad respon∣dend. praefat' C. D. super novum breve Original' post utlagar' praed. reversat' per praed. C. D. infra duos Terminos prox. sequen' impetrand' & ad satisfa∣ciend' Condemnationem si convict' fuerit, Ideo Tibi praecipimus quod si bona & Ca∣tall' praedicti A. B. virtute brevis praed. cepistis eidem A. sine dialatione redeli∣berari fac. Praecipimus etiam tibi quod de praefat' A. capiend' attachiend' impriso∣nand' seu ipsum occasione illa aliqualit' molestand' omnino Supersedeas. Et si ip∣sum A. ea occasione, & non al' ceperis tunc ipsum sine dilatione deliberar' facias pe∣riculo incumbenti, T. &c.

Vic. M. Salutem, Cum tibi, &c. ut * 1.60 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' ad respon∣dend' praefat' C. D. de praedicto placito & ad satisfaciend' praed. C. D. omnia Dampna misa & Custag' in ea parte re∣cuperand' si contingat ipsum A. B. in pla∣cito praed. convinci, aut se prisonae Marr'

Maresc' Cur' nostrae coram nobis ea occasi∣one non reddere, Ideo Tibi praecipimus quod, &c. ut antea usque T. &c.

Vic. L. Salutem, Praecipimus vobis * 1.61 quod capiat' A. B. nuper de, &c. si in∣vent' fuerit in balliva vestra & eum salvo custod' Ita quod habeat' Corpus e∣jus coram nobis in Crastino, &c. vbicunque 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. &c.

Vic. L. Salutem, Praecipimus vobis * 1.62 quod exigi faciat' A. B. nuper de, &c. de Hust. in Hust. quousque, &c. ut in all' Exigent usque ubicunque tunc fue∣rimus in Anglia, ad satisfaciend, &c. ut in le Capias devant usque sicut nobis constat de Recordo. Et unde vosipsi * 1.63 nobis mand' in Crastino, &c. ult' praeterit' quod praed. A. B. non est inventus in bal∣liva vestra. Et habeat ibi hoc breve T. &c.

Vic. M. Salutem, praecipimus Tibi * 1.64 quod Exigi facias A. B. nuper de, &c. de Com. in Com. quousque, &c, ut in al' Exigent usque ubicunque tunc fuerimus in Anglia ad satisfaciend' C. D. tum de, &c. 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 ve∣nire fecimus nobis constat de Recordo quam de, &c. 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, &c. ut supra, &c.

Vic. G. Salutem, Pone per vad' & * 1.65 salvos pleg' A. B. nuper de, &c. quod sit coram nobis in Octab. &c. ubicun∣que tunc fuerimus in Anglia ad respon∣dend' C. D. de placito quare cepit Ave∣ria ipsius C. & ea injuste detinuit con••ra vad' & pleg' &c. ut dicitur,

Et ad ostendend. quare non fuit in Cur. nostra coram nobis in Crastino, &c. ult. proeterit. sicut dies ei proefixus fuit, Et habeas ibi * 1.66 nomina pleg. Et hoc breve T. &c.

Glouc. ss. C. D. per Attorn. suum ob∣tulit * 1.67 se quarto die versus A. B. nuper de, &c. de placito quare cepit Averia ipsius C. & ea injuste detinuit contra vad. & pleg. &c. Et ipse non ven. & habuit diem hic usque ad hunc diem sci∣licet in Crastino * 1.68 Animar. coram Domino Rege ei proefixum, &c. Ita fiat ei at∣tachiat. quod sit coram Domino Rege hic * 1.69 in Octab. sancti Hilarii, &c.

Vic. G. Salutem, Proecipimus tibi quod * 1.70 distring. A. B. nuper de, &c. 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, &c. ubi∣cunque tunc fuerimus in Angl. ad respon∣dend. C. D. de placito quare, &c. ut in le Pone usque ut dicitur, & ad audien∣dum inde Indic. fuum de plur. defalt. Et habeas, &c.

Vic. M. Salutem, Proecipimus tibi quod * 1.71 distring. A. Comit. S. per omnes terr. &c. ut supra usque, Et quod de exitibus eo∣rundem nobis respond. Ita quod sit co∣ram nobis à Die, &c. ubicunque, &c. ad respondend. C. D. de placito quare cum, &c. & sic recite tout le original usque ut dicit, Et ad audiendum inde Judicum suum de plur. defalt. Et habeas ibi hoc breve T. &c.

Vic. L. Salutem, Proecipimus tibi quod * 1.72 distring. A. Comit. &c. per omnes terr. &c. ut supra in le briefe de distring. us∣que de plur. defalt. Et unde Vic. noster M. nobis mand. à die, &c. (le retorn. de distring.) ult. proeterit. quod 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. po∣test. Et habeas, &c.

Carolus, &c. Vic. M. Salutem, Pone * 1.73 per vad' & salvos pleg. A. Comit. S. quod sit coram nobis à die, &c. ubicunque tunc fuerimus in Anglia. ad respondend. C. D. de placito quare cum, &c. (ut in le ori∣ginal Pone) usque ut dicit, Et unde Vic. nostri L. nobis mand. in * 1.74 Octab. &c.

ult. praeterit. quod praed. A. nichil habet in balliva sua per quod attach. possit, Cum testat. sit in eadem Cur. nostra coram no∣bis quod satis habet in balliva tua per quod attach. potest, Et habeas ibi nomina pleg. & hoc breve T. &c.

Vic. L. Salutem, Praecipimus vobis quod * 1.75 distring. liberos homines Mister' Pis∣cinar. Civit. London comunit. vocat. &c. vel. sic, si sit envers Hundred Praecipi∣mus tibi quod distring. Homines inhabi∣tan. in Hundred. de E. in Com. tuo per omnes terr. & catalla sua, &c. ut an∣tea, &c.

Vic. L. Salutem, Praecipimus vobis quod * 1.76 capiat. A. B. nuper de, &c. si invent. fue∣rit in balliva vestra & eum salvo custod. quod habeat. Corpus ejus coram nobis à die, &c. ubicunque tunc fuerimus in Angl. ad respondend. C. D. de placito quare cum, &c. & sic recite tout le Ori∣ginal usque ad dampnum ipsius C. D. Cen∣tum Librarum ut dicit, Et habeas, &c.

London ss. C. D. per Attorn. suum obtu∣lit * 1.77 se quarto die versus A. B. nuper de, &c. de placito quare cum, &c. ut in le briefe praed. (sed nota quod in loco Anno Regni nostri in le briefe, debet esse in le Entry

Anno Regni Domini Caroli Secundi nunc Regis Angl. &c. iricesimo quarto) & sic usque ut dicit, Et ipse non ven' Et praecept. fuit Vic. quod capiant eum, &c. Et vic. modo mand. quod nichil habet, &c. * 1.78 Ideo capiatur quod sit coram Domino Rege à Die, &c. Et breve deliberatur de Recordo, &c.

Vic. M. Salutem, Praecipimus tibi quod * 1.79 capias A. B. nuper de, &c. si invent. fuerit in balliva tua, &c. ut antea usque ut dicit pro eo quod vic. nostri London nobis à die, &c. ult. praeterit. mand. quod 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, &c.

London ss. C. D. per Attorn. suum ob∣tulit * 1.80 se quarto die versus A. B. nuper de, &c. de placito quare, &c. ut in le briefe devant usque ut dicit, Et praecept' fuit vic. quod capiant eum, & vic. retorn' quod nichil habet, &c. Ideo capiatur quod sit coram Domino Rege à die, &c. ubicunque, &c. Et breve deliberatur de * 1.81 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 praecept. fuit

vic. quod capiant eum, &c. Et vic. re∣torn. quod non est invent. &c. Super quo testat. existit. hic in Cur. nostra coram no∣bis quod praed. A. B. latit' & discurr. in Com. M. Ideo praecept. 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 Domi∣no Rege in Oct. &c. ubicunque, &c. ad * 1.82 respond. praefat. C. D. de praedicto pla∣cito, &c.

Vic. L. Salutem, Cum vobis per breve * 1.83 nostrum, &c. ut antea in le briefe de Su∣persedeas 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 impe∣trationis brevis Original' praedicti, C. non solum ordinem Militar. super se suscepis∣set, Sed etiam quod nos per Literas nostras Patentes creavimus ipsum A. B. Baronett. & modo Miles & Baronettus existit; Salvis sibi omnibus & omnimod. advanta∣giis 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 no∣strum praed. inde versus eundem A. B. minus rite emanavit, Ideo vobis praeci∣pimus quod de ulterius exigend. praed. A. B. Mil. & Bar' utlagand. capiend. seu ipsum in aliquo modo molestand. occa∣sine illa omnino supersedeat. T. &c.

Vic. G. Salutem, Cum H. D. nuper * 1.84 Vic. Com. tui per breve nostrum nuper prae∣ceperimus quod poneret per vad. & sal∣vos pleg. A. B. nuper de, &c. Milit. & Bar. quod esset coram nobis in Octab. &c. Anno Regni nostri, &c. ubicunque tunc fuissemus in Angl. ad respondend. C. D. de placito quare, &c. ut in briefe de Pone devant usque sicut dies ei praefixus fuit; Dictusque H. D. ad diem ill. nobis retorn. quod praed. A. B. nichil habuit in balliva sua ubi aut per quod attach. po∣tuit prout per breve illud ei praecept. fuit, Ob quod per breve nostrum nuper praeceperimus quod caperes praefat. A. B. si invent. foret in balliva tua & eum sal∣vo custod. Ita quod haberes Corpus ejus coram nobis à die, &c. 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 mand. quod

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 Reg∣ni nostri Angl. utlagetur si non comparuerit & si comparuerit tunc eum capias & salvo custod. fac. Ita quod habeas Corpus ejus co∣ram nobis à die, &c. ubicunque tunc fueri∣mus in Angl. ad respondend. tam nobis de Contempt. quam praefat. C. D. de dampn. & injur. ei in hac parte illat. Et habe∣as, &c.

Vic. L. Salutem, Cum vobis per breve * 1.85 nostrum nuper praeceperimus quod exigi fa∣ceretis A. B. nuper de, &c. ut in brevi de Supersed. devant usque ut dixit, Cum∣que in Cur. nostra coram nobis testat. ex∣istit quod praed. A. B. superinde utlagat. est, sed breve de Exigi fac. praed. casua∣lit. perdit. existit, prout ex insinuatione ipsius C. D. accepimus, Et quia volumus eidem C. D. in actione sua praedicta debi∣tum & festinum remedium adhiberi, vo∣bis praecipimus quod si ita sit tunc Record. utlagar. praed. cum omnibus ea tangen. tam adeo & plene coram vobis residet ha∣beat 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 & secun∣dum

legem & consuetud. hujus Regni no∣stri Angliae fuerit faciend. Et habeat' ibi hoc breve T. &c.

Vic. L. Salutem, Praecipimus vobis * 1.86 quod distring. liberos homines, &c. co' it. voc. Custod. & Comunitat. &c. ut antea in tiel distring. usque ut dicitur. Et ad au∣diend. inde Judicium suum de plur. de∣falt. Praecipimus etiam vobis quod inte∣rim in Husting. vestris prox. tenend. pub∣lice proclamari fac. quod praed. liberi ho∣mines Myster. praed. ven. coram nobis ad praefat. terminum ubicunque, &c. praefat. C. D. inde responsur. si eis viderit ex∣pediri & Proclamation. praed. sic inde fact. nobis ad eundem Terminum scilicet constar. faciat. Et habeat' ibi hoc breve T. &c.

Middlesex ss. A. B. nuper de, &c. at∣tachiat. * 1.87 fuit ad respondend. C. D. de placito transgr. super Casum, Et unde idem C. D. per E. F. Attorn. suum que∣ritur quod cum, & sic recite tot. narr. usque, Et inde produc. Sect. &c. & Iunc le Imparlance sic.

Et praedictus A. B. per T. W. At∣torn. suum ven. & defend. vim & injur. quando, &c. Et pet. diem inde ad in∣terloquend. &c. Et ei conceditur, &c.

Et super hoc dies inde dat. est partibus praedictis coram Domino Rege usque in Octab. &c. ubicunque, &c. videl. prae∣fat. A. B. ad interloquend. Et tunc ad respondend. &c.

Vic. E. Salutem, Cum Tibi per breve * 1.88 nostrum nuper praeceperimus quod non omit∣teres propter aliquam libertat. Com. tui quin caperes A. B. nuper de, &c. utla∣gat. apud, &c. 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, &c. ubicunque tunc fuissemus in Anglia ad fac. & rec. quod Cur. nostra coram nobis de eo cons. in ea parte, Quia tamen per quen∣dam 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 co∣ram nobis breve nostrum de scir. fac. ad praemuniend. praefat. C. D. de praedicto placito, Si idem C. versus eum loqui vel∣let, Et quia expediens & necesse est quod praed. C. pro interesse sua in hac parte praemunitur priusquam ad exoneratio∣nem praed. A. B. de utlagar. praedicta ul∣terius

procedatur, Ideo tibi praecipimus quod per probos & legales homines de balliva tua scir. fac. praefat. C. D. quod sit coram nobis in Crastino Animar. ubi∣cunque tunc fuerimus in Anglia ad prose∣quend. versus praefat. A. B. Placitum su∣um praed. si voluerit, Et habeas ibi nomina eorum per quos ei scir. feceris & hoc bre∣ve, T. &c.

Ad quod quidem Crastinum Animar. * 1.89 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. re∣torn. quod ipse per L. M. & B. F. probos & legales homines de balliva sua scir. fe∣cit praefat. C. D. essend. coram Domino Rege ad diem praedictum ubicunque, &c. ad prosequend. versus praefat. A. B. Et praed. C. D. licet ad eundem diem so∣lempnit. * 1.90 exact. & sic praemunit. non ven' sed. defalt. fec. Ideo ipse & pleg. sui de pros. scilicet Johannes Doo & Richardus Roo, sint inde in Mi'a, &c. Et praed. A. B. eat inde sine die, &c. Et pardo∣natio Domini Regis secundum formam * 1.91 Statuti praed. praefat. A. allocetur, &c.

Vic. M. Salutem, Cum A. B. summo∣nit. * 1.92 fuit essendi in Cur. nostra coram no∣bis

ad respondend. C. D. de placito quare cepit averia ipsius C. & ea injuste de∣tinuit contra vad' & pleg' ut dicitur; Idem C. postea in eadem Cur' nostra coram nobis fecit defalt. per quod cons. fuit in eadem Cur' nostra quod ipse & pleg' sui de pros. essent in Mi'a, &c. Et quod praed. A. iret inde sine die, &c. Et quod haberet retorn' averior. prae∣dictor. Et ideo tibi praecipimus quod averia praedicta praefat. A. B. sine di∣latione retornari fac', Et ea ad queri∣moniam praed. C. non redeliber. sine brevi nostro quod de praefat. Judic. ex∣pressam faciat mentionem, Et qualit. hoc praecept. nostrum fuerit execut. nobis à die, &c. ubicunque tunc fuerimus in Angl. constar' fac' Et habeas ibi hoc breve, T. &c.

Middles. ss. A. B. per Attorn. suum * 1.93 obtulit se quarto die versus C. D. de pla∣cito quare ipse praed. A. cepit averia ip∣sius C. & ea injuste detinuit contra vad' & pleg', &c. Et ipse solempnit' exact' non ven' & fuit Querens, &c. Ideo cons. est quod ipse & pleg' sui de pros. sint in∣de in Mi'a, &c. Et quod praed' A. eat inde sine die, &c. Et quod habeat re∣torn. Averior. praedictor. &c. Quare nomina Pleg', &c. & qualiter, &c. Vic'

constare fac. Domino Regi à die, &c. ubi∣cunque, &c.

Carolus, &c. Vic' S. Salutem, Cum * 1.94 J. L. summ. esset essendi in Cur' nostra co∣ram nobis ad respondend. T. H. de pla∣cito quare ipse (tali die & Anno) apud O. in Com. tuo, in quodam loco ibidem vocat' L. cepit averia videlicet duos Ju∣vencos, &c. Et ea injuste detinuit contra vad' & pleg' ut dicebatur, Idemque J. in eadem Cur' dicti Domini Regis coram ip∣so Rege comparens, certa ratione per ip∣sum in eadem Cur' dicti Domini Regis co∣ram ipso Rege allegat', ut ballivus E. L. Milit' bene 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 prose∣cut' breve suum praed', Ob quod cons. fuit in Cur' nostra coram nobis apud Westm. quod praed' T. & pleg' sui de pros. essent in Mi'a, Et quod praed. J. iret inde sine die, Et quod haberet retorn. averior' praed', Et etiam quod praed' J. dampna sua occasione praemiss. versus praefat. T. jux∣ta formam statuti inde edit. & provis. re∣cuperare debeat, Et Ideo tibi praecipi∣mus quod averia praed. praefat. J. sine

dilatione retornari fac', & ea ad queri∣moniam praed. T. non redeliber. sine brevi nostro quod de praefat. judicio ex∣pressam faceret mentionem, & qualit. hoc praecept. nostrum fueris execut', nobis à die Paschae in quinque septimanas ubicun∣que tunc fuerimus in Anglia constare fac', Et etiam per sacrament. proborum & lega∣lium hominum de Com. tuo diligent. inqui∣ras quae dampna praed. J. sustinuit tam oc∣casione praemis. quam pro mis. & custag' suis per ipsum circa sect. suam in hac parte apposit. Et inquisition. quam inde fece∣rit nobis ad praefat. terminum ubicunque, &c. 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, &c. Vic' S. Salutem, Cum * 1.95 J. M. & J. H. summ. fuerunt essendi in Cur' nostra coram nobis in Octabis sancti Hilarii Anno, &c. ubicunque tunc fueri∣mus in Anglia ad respondend. P. N. de placito quare ceperunt averia ipsius P. & ea injuste detinuer' contra vad. & pleg. ut dicitur praedictusque P. postea in Cur' nostra coram nobis fecit defalt. Cumque se∣cundum formam statuti in hujusmodi casu

edit & provis' praed. I. M. & I. H. fe∣cerunt suggestion' in natura cognitionis quod ipsi ceperunt averia praed. P. praed. ut ballivi I. R. gen' pro quodam annuali reddit' Novem-decem. libr' legalis mo∣netae Angliae debit. & aretro eidem I. R. per praed. P. M. per spatium quinque Annor' finit ad festum sancti Michaelis Archan∣geli jam ult' praeterit. ac pro quodam mesuag' &c. cum pertin' in tenura praed. P. di∣miss. praed. P. per eundem I. R. per In∣dentur' geren' dat' tal' die & Anno, Ideo secundum formam statuti praed. in hujus∣modi casu edit. & provis' Tibi praecipi∣mus 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 valore Averior' capt' & Inquisi∣tion' 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. &c.

Vic. M. Salutem, Si C. D. fecerit * 1.96 te secur' de Clamore suo prosequend' ac eti∣am 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 no∣bis in Octab. &c. ubicunque tunc fueri∣mus in Anglia ad respondend' praefat' C. de Captione Averiorum praedictor. Et habeas ibi nomina pleg' & hoc breve T. &c.

Vic. E. Salutem, Praecipimus tibi * 1.97 quod non omittas propter aliquam liber∣tat. Libertatis Villae de, &c. in Com' tuo quin capias A. B. nuper de, &c. si in∣vent' fuerit in balliva tua, & eum salvo custod' Ita quod habeas Corpus ejus co∣ram nobis in Octab' &c. ubicunque tunc fuerimus in Anglia ad respondend' C. D. de placito quare, &c. usque ut dicit. Et unde Tu ipse nobis mand' in Crastino, &c. * 1.98 ult' praeterit. quod quoad captionem praed. A. mand. E. F. Ballivo Libertatis prae∣dictae qui habuit plenum retornum omni∣um brevium & executionem eorundem infra libertat' illam cui executio brevis praedicti totaliter pertinuit faciend' eo quod executio brevis illius extra ean∣dem Libertat' per te fieri non potuit, Qui tibi nullum dedit respons. Et habe∣as ibi hoc breve T. &c.

Ebor' ss. C. D. per Attorn' suum * 1.99 obtulit se quarto die versus A. B. nu∣per de, &c. de placito quare, &c. usque ut dicit. Et ipse non ven' & praecept' fuit Vic' quod caperet eum si, &c. & salvo, &c. Ita quod haberet Corpus ejus * 1.100 coram nobis in Crastino, &c. ult' praete∣rit' ubicunque, &c. Et Vic' modo mand' quod ipse mand' E. F. Ballivo Liberta∣tis Villae de, &c. Qui habet plenum re∣torn' &c. Et cui, &c. qui nullum de∣dit ei respons. &c. Ideo praecept' est Vic. quod non omittat propter aliquam li∣bertat' praed' quin capiat praed' A. B. si, &c. & salvo, &c. Ita quod habeat Cor∣pus ejus coram Domino Rege in Octab. &c. * 1.101 ubicunque, &c.

Vic. M. Salutem, Praecipimus tibi * 1.102 quod distring' I. H. Ballivum nostrum Ducatae nostrae L. in Com' tuo per omnes terr. &c. ut in al' distring' &c. Ita quod habeas Corpus A. B. nuper de, &c. coram nobis in Octab. &c. ubicunque tunc fuerimus in Anglia quem per prae∣cept' nostrum idem I. H. nuper cepit, prout Tuipse nobis apud Westm. in Cras∣tino, &c. ult' praeterit' mand' ad re∣spondend' praefat' C. D. de placito quare &c. usque ut dicit. Et ad audiendum

inde Judicium suum de plur' defalt. Et habeas ibi hoc breve T. &c.

Middlesex, ss. Praecept' fuit Vic. quod * 1.103 caperet A. B. nuper de, &c. Si, &c. & salvo, &c. Ita quod haberet Corpus ejus coram Domino Rege in Crastino, &c. ubi∣cunque, &c. ult' praeterit' ad 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 ip∣se mand' I. H. Ballivo libertatis nostrae Ducat' Lacastr' in Com. praedict' qui habet retorn' omnium brevium & execution' eorundem infra libertat' prae∣dict' & infra quam executio istius bre∣vis per ipsum praed. Vic. fieri non potuit, Qui quidem Ballivus eidem Vic. hunc re∣spons' dedit quod ipse cepisset Corpus praed. A. B. cujus quidem Corpus hic ad hunc diem haberet, Et quia praedictus Balli∣vus 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' &c. Et quod de exitibus, &c. Ita quod habeat hic coram Domino Rege in Octab. &c.

ubicunque, &c. Corpus praed. A. B. quem, &c. ad respondend' praefat' C. D. de praedicto Placito, &c.

Middlesex, ss. Praecept' fuit Vic. * 1.104 quod caperet A. B. nuper de, &c. Si, &c. Et eum salvo, &c. Ita quod habe∣at Corpus ejus coram nobis in Octab. &c. ubicunque, &c. ad respondend' C. D. de placito quare, &c. 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. re∣torn' quod ipse cepisset Corpus praed. A. B. cujus quidem Corpus in prisona nostra lan∣guebat & cum tam multis & talibus in∣firmitatibus 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 & sa∣nus est & ad itinerand' habilis, Ideo praecept' est Vic. quod habeat hic in Cur' coram ipso Rege à die, &c. praedictum A B. ad respondend' praed. C. D. de placito praed. &c.

Vic. M. Salutem, Praecipimus tibi quod * 1.105 habeas coram nobis à die, &c. Corpus A. B. nuper de, &c. quod per praecept'

nostrum cepisti & in Custod' tua detent, cujus quidem Corpus tam gravit' lan∣guebat 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. &c. ult' praeterit. mand. ad respondend' C. D. de placito quare cum, &c. usque ut dicit, Et habeas ibi hoc breve T. &c. Intratio. inde ut in al.

Ad quem diem coram Domini Rege a∣pud * 1.106 Westm. ven' praed. C. D. per Attorn. suum, Et Vic. Com. praed. licet solempnit' exact' ad retornandum breve praed. non ven. nec retorn' breve illud, Ideo idem Vic. scilicet, I. S. in Misericordia, &c. & amerciatur per Cur' Domini Regis hic ad Quadragint' Solidos, &c. Enter this after the obtulit se upon the Cap. a∣lias or plur' awarded on the Filizers Rolls, the like Entry also may serve, for amercing the Sheriff upon any o∣ther process whatsoever.

Vic. M. Salutem, Praecipimus tibi * 1.107 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 re∣spond' Ita quod Corpus A. B. nuper de, &c. per se captum & in prisona nostra sub custod' sua detent' prout ipse per retorn. suum in Cur' nostra coram nobis per se alias missum seipsum oneravit habeas coram nobis in Octab. &c. ubicunque tunc fuerimus in Anglia ad respondend. C. D. de placito quare, &c. usque ut dicit, Et ad audiendum inde Judicium suum de plur. defalt. Et habeas, &c.

Middlesex, ss. Praecept' fuit nuper * 1.108 Vic. quod haberet hic ad hunc diem sci∣licet à die, &c. ult. praeterit. Corpus praed. A. B. nuper de, &c. quod praed. Vic. cepisset & in Custod. sua detinuisset ad respondend. C. D. placito quare, &c. usque ut dicit, Et modo hic ad hunc di∣em ven. praed. C. per Attorn. suum, Et obtulit se quarto die versus praefat. A. in placito praed. Et ipse non ven. Et modo Vic. retorn. quod 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 mo∣do Vic. quod distring' praedictum nuper Vic. per omnes terras, &c. Et quod de

exitibus, &c. Ita quod habeat coram Do∣mino Rege in Octab. &c. ubicunque, &c. Corpus ipsius A. B. quem, &c. ad respond' praefat' C. D. de praedicto placito, &c.

Glouc. ss. C. D. qui tulit breve Do∣mini Regis coram ipso Rege de Exigi fac' * 1.109 versus A. B. nuper de, &c. de placito, &c. non est prosecut' breve suum praed. Ideo ipse & pleg' sui de pros. sint inde in Miserecordia, Quer' nomina pleg' &c. Et praed. A. eat inde sine die, &c. Consi∣der 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' &c.

Carolus, &c. Vic. M. Salutem, Cum tibi per breve nostrum nuper Plur' prae∣ceperimus * 1.110 quod juste & sine dilatione re∣plegiari faceres C. D. averia sua quae A. B. cepit & injuste detinuit ut dicitur secun∣dum tenorem praecepti nostri preantea tibi direct' vel tu ipse esses in Cur' nostra coram nobis in Octab. &c. ubicunque, &c. ult' prae∣terit' * 1.111 ad ostendend' causam quare prae∣cept' nostrum tam saepe inde tibi direct'

recusavisti exequend, Tamen tu ipse no∣bis 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 ig∣not' extra ballivam tuam, ita quod ave∣ria praed. eidem C. D. replegiari non pos∣sis 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, &c. ubicunque tunc fuerimus in Anglia ad re∣spondend' 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 ip∣sius 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 prae∣dicta replegiari possis, Et habeas ibi no∣mina Pleg' & hoc breve T. &c.

The Entry of this Writ (and other following Writs) is as the former En∣tries of Writs in Replevin or as in any other obtulit se, and framed out of the Writ it self and therefore here omitted.

Carolus, &c. Vic. G. Salutem prae∣cipimus * 1.112 tibi quod omnes & singulae brevia, billae & praecepta, tibi deliberat' vel deliberand' retornabil' in Cur' nostra co∣ram nobis à die sancti Michaelis in tres Sept' a die, &c. 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, &c. ad veniend' simul cum executionibus eorun∣dem & hoc breve quod Cur' nostra coram nobis pro prosecutione Partium tunc fieri causaret quod est justum & secundum le∣gem & consuetud' regni nostri Angliae fi∣eri debet, Et in prox' Com' tuo abinde tenend' publice proclamar' fac' quod partes in eisdem brevibus, billis & praecep∣tis, dies suos coram nobis in Cur' nostra in praedicto Crastino sancti Martini ob∣servant, T. &c.

Virtute istius brevis mihi direct' om∣nia * 1.113 brevia, billae & praecepta unde in∣fra fit mentio in custod' mea retinui & ea habeo coram Domino Rege infrascript' in Crastino sancti Martini infraspecificat' una cum executionibus eorundem, ac e∣tiam ad Com' meum tent' apud N. in Com' meum die & anno infrascript' Qui quidem Com' fuit prox' Com' meus post * 1.114 infrascript' decimum diem Octobris pro∣clamari feci, quod partes in brevibus, bil∣lis & praecept' infraspecificat' dies suos coram Domino Rege infrascript' in Crastino sancti Martini observant prout interius mihi praecipitur

G. H. Miles Vic.

Carolus, &c. Coronator' Com' M. * 1.115 Salutem, praecipimus tibi quod distring' P. C. Ar' Vic. Com' praed. per omnes terr' &c. (ut in al') ad respon∣dend' W. K. Ar' de placito quod ipse si∣mul cum P. M. Clerico permittant eundem W. praesentare idoneam personam Eccle∣siae parochial' de A. quae modo vacat' ex∣istit, & ad donationem suam pertinet ut dicit' & ad audiendum inde Judicium suum de Plur' defalt' Praecipimus etiam tibi quod distring' praed. P. M. per om∣nes terr' &c. ut in al' Ita quod ha∣beas Corpus ejus coram nobis ad praefat'

Terminum ubicunque, &c. ad respondend' praefat' W. una cum praed. P. in placito praed. & ad ostendend' causam quare non servavit diem suum ei dat' per Esson' suam hic in Cur' coram nobis in Octab. &c. ult' praeterit' postquam ipse attach' fuit & ad audiendum inde Judicium suum de Plur' defalt' Et habeas ibi hoc breve T. &c.

Monmouth. ss. W. K. Ar' per Attorn' * 1.116 suum obtulit se quarto die versus P. C. Ar' Vic. Com' praed. & P. M. Clericum de placito quod ipsi permittant praedictum W. K. ad praesentand' idoneam personam Ecclesiae Parochial' de A. quae modo va∣cat' existit & ad donationem suam per∣tinet, &c. Et ipsi non vener' Et prae∣cept' fuit Coronator' quod attach' prae∣dictum P. C. Et Coronator' retorn' quod ipse attach' est per pleg' I. D. & R. R. Et ideo sit in Misericordia, &c. Et praed. P. M. habuit ab inde diem ei dat' per Esson' hic usque ad hunc diem scilicet in Octab. &c. ult' praeterit' postquam ipse attach' fuit, &c. Ideo distring' eos∣dem P. C. & P. M. quod sint coram Do∣mino Rege in Octab. sancti Hilarii, &c. ubicunque, &c.

Carolus, &c. Vic. M. Salutem, Po∣ne * 1.117 per vad' & salvos pleg' T. B. & W. L. Clericum quod sint coram nobis à die, &c. 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 do∣nationem suam pertinet ut dicit' & ad ostendend' Causam quare non servaver' diem suum eis inde dat' per Esson' suam in Cur' nostra coram nobis à die, &c. postquam summonit' fuer' Praecipimus e∣tiam tibi quod distring' praed. R. per omnes terr' &c. ut in al' &c. usque co∣ram nobis ad praefat' Terminum ad respon∣dend' praefat' I. C. una-cum praed. T. & W. in placito praed. & ad audiend' inde Judicium suum de Plur' defalt' Et habeas ibi hoc breve, T. &c.

Middlesex, ss. I. C. per Attorn' suum * 1.118 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, &c. ut supra usque ut dicit, Et ipsi non vener' Et praed. T. & W. habuer' abinde diem eis dat' per Esson' suam hic ad hunc diem scilicet postquam Summonit' fuer' &c.

Ideo eos attach' quod sint coram Domino Rege in Octab. &c. Et praecept' fuit Vic. quod attach' praed. R. &c. Et Vic. mo∣do mand' quod ipse attach' est per pleg' I. D. & R. R. Ideo sit in Misericord' &c. & distring' quod sit coram nobis ad praefat' Terminum, &c.

Middlesex, ss. Praecept' fuit Vic. quod * 1.119 caperet A. B. nuper de, &c. si, &c. & e∣um salvo, &c. Ita quod haberet Corpus ejus coram Domino Rege in Octab. &c. ubicunque, &c. ad respondend' C. D. de placito quare, &c. 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, &c.

London, ss. Praecept' fuit Vic. quod * 1.120 haberent hic ad hunc diem scilicet à Die, &c. Corpus A. B. nuper de, &c. quem de nuper, &c. ad respondend' C. D. de placito quare cum, &c. 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, &c. & N. H. de, &c. 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 & cus∣tag' quae praefat' C. D. in ea parte adju∣dicat' 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, &c.

Carolus, &c. Vic. M. Salutem, Cum * 1.121 D. H. nuper de, &c. & N. H. nuper de, &c. nuper in Cur' nostra coram nobis sci∣licet Termino, &c. Vener' in propr' per∣sonis & manuceper' pro A. B. nuper de, &c. 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,) Iamque ex parte ipsius C. D. in Cur' nostra coram nobis accepimus quod praed. A. B. in pla∣cito 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' Ma∣resc' Domini Regis coram ipso Rege ea oc∣casione 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 jus∣tum, Tibi praecipimus quod per probos & le∣gales homines de balliva tuascire fac' prae∣fat' D. H. & N. H. quod sint coram nobis in Crastino, &c. 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' quod Cur' nostra coram nobis cons' in hac parte, Et habeat ibi hac breve, T. &c.

Carolus, &c. Vic. L. Salutem, Cum * 1.122 C. D. nuper in Cur' nostra coram nobis per breve nostrum implacitasset A. B. nuper de, &c. 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. se∣cundum 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 pi∣etate moti pardonavimus eidem A. utla∣gariam

praedictam & firmam pacem no∣stram ei inde concedimus, Ita tamen quod stet rect' in Cur' nostra coram nobis juxta formam Statut' nuper edit' de hujusmodi utlagaria, Et quia necessar' & expedi∣ens 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, &c. ubicunque tunc fuerimus in Anglia ad prosequend' ulterius versus praed. A. de placito prae∣dicto si voluit' Et ulterius factur' & re∣ceptur' quod Cur' nstra coram nobis de eo cons' in hac parte, Et habeas ibi no∣mina eor' per quos ei scire feceris & hoc breve T. &c.

Carolus, &c. Vic. L. Salutem, Cum * 1.123 plur' vobis per breve nostrum nuper prae∣ceperimus quod caperet' A. B. nuper de, &c. & C. D. nuper de, &c. si invent' fuis∣sent in balliva vestra & eos salvo custod' Ita quod haberet▪ Corpora eor' coram nobis à die, &c. ult' praeterit' ubicunque tunc fuissemus in Anglia ad respondend' E. F. de placito quare cum, &c. ut in le ori∣ginal usque ut dicit, vosque ad diem ill' nobis retorn' quod Corpus praed. A. B. ce∣pistis, 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, &c. ut in al' Exigent, usque ad respondend' praefat' E. F. de praedicto Placito, Et ha∣beas ibi hoc breve T. &c.

Carolus, Vic' L. Salutem, Cum plur' * 1.124 vobis, &c. ut supra in le Exigent usque non fuisset invent' in balliva vestra cunque etiam similiter vobis per breve nostrum nu∣per praeceperimus quod exigi fac' & praed. * 1.125 C. D. de Hust' in Hust' quousque secundum legem & consuetud' hujus regni nostri Angliae utlagaret' si non comparuisset & si, &c. vt in al' Proclamation usque ad respondend' praefat' E. F. de praedicto pla∣cito, Ideo vobis praecipimus quod per Sta∣tut' Anno, &c. ut in al' Proclamation usque, Et habeat' ibi hoc breve T. &c.

Some Directions to the County Pala∣tines and other Jurisdictions, in Writs of general and special Outlawries, Supersedeas, non Molestan', or the like.

Camerario nostro Com' Palatini nos∣tri * 1.126 Cestr' vel ejus locum Tenenti ibidem Salutem, This Palatinate saith my Lord Coke was created by William the Conquerer.

Reverend' in Christo patri' N. Dunelm' * 1.127 Episcopo vel ejus locum Tenenti ibidem Salutem, This soon after that.

Cancellar' nostro Com' Palatini nostri * 1.128 Lancastr' vel ejus locum Tenenti ibidem Salutem, This by Edward the Third.

Locum Tenenti nostro Castri nostri Do∣ver * 1.129 seu ejus in hac parte Deputat' ibi∣dem Salutem, Praecipimus tibi quod non omitt' propter aliquam libertat' infra Ju∣risdiction' quinque Portium & duar' anti∣quar' villar' vel membror' eorundem quin capias, &c. But otherwise when there is a Constable.

Justic' nostris Episcopi Elien' ad Placita * 1.130 infra Insulam Elien' tenend', ac Senescallo ejusdem Episcopi infra libertat' Insulae praed. & eor' cuilibet' Salutem, Praecipi∣mus vobis, ut supra.

The Writs likewise to the County Pa∣latines aforesaid have some alterati∣ons in the bodies of the Writs them∣selves, 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, &c. Cancellar' &c. ut in le * 1.131 direction, Salutem, vobis mandamus quod per breve nostrum sub Sigillo Com' Pala∣tin' praed. debite conficiend' & Vic' e∣jusdem Com' dirigend' mandari facias e∣undem Vic' quod non omittet & propter aliquam libertat' Com' sui quin capiat A. B. nuper de, &c. in Com' suo, utla∣gat' in London die Lunae prox' post Fes∣tum, &c. Anno regni nostri, &c. ad sect' C. D. de placito transgr' super ca∣sum si invent' fuerit' in balliva sua & e∣um salvo custod' Ita quod habeat Corpus ejus coram nobis à die, &c. ubicunque tunc fuerimus in Angel' ad fac' & reci∣piend' quod Cur' nostra coram nobis cons' in hac parte, Et habeas ibi hoc breve, T. &c. Et sic in al' Com' Palatin.

Carolus, &c. Cancellar', &c. ut an∣tea * 1.132 usque propter aliquam libertat' Com' sui quin per Sacramentum probor' & legalium hominum de eodem Com' suo diligent' in∣quirat quae bona & Catalla terr' & te∣nementa A. B. nuper de, &c. in Com' suo habet seu habuit in balliva sua die

Lunae, &c. 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, &c. sub sigillo suo & sigillis eor' ut in al' (special Outlawry) usque accepimus, vobis simi∣liter 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, &c. ad fac' & rec', ut antea in le general' Outlawry usque T. &c. & sic in al' Com' Palatin'.

London, ss. A. B. nuper de, &c. at∣tachiat' * 1.133 fuit ad respondend' C. D. de pla∣cito transgr' super Casum, Et unde idem C. D. per E. F. Attorn' suum queritur quod cum, &c. & sic recite Tot' Narr' usque, Et inde producit Sectam, &c.

London, ss. A. B. nuper de, &c. at∣tachiat' * 1.134 fuit ad respondend' C. D. de placito quare vi & armis, &c. & sic recite le breife de original usque ut dicit, Et unde eidem C. D. per E. F. Attorn' suum querit' quod, &c. Et sic recite tot' Narr' ut antea, &c.

Narr' devant, usque querit' quod cum * 1.135 praed. A. B. & quidem L. M. nuper de, &c. (Qui quidem L. modo utlagat' ex∣istit) indebitat' fuissent (tali die anno & loco) praefat' C. D. in, &c. usque Finem Narr'.

Et praed. A. B. per E. F. Attorn' suum * 1.136 ven' & defend' vim & injur' quando, &c. Et dicit quod ipse non assumpsit super se modo et forma prout praed. C. D. superi∣us versus eum querit', Et de hoc pon' se super Patriam, Et praed. C. D. similiter &c. Ideo praecept' est Vic' L. quod veni∣re fac' coram Domino Rege à die, &c. ubicunque tunc fuerimus in Angl' duode∣cim, &c. de vicinet' de, &c. in Com' praed. per quos, &c. Et qui nec, &c. ad recogn', &c. Quia tam, &c. Idem dies dat' est partibus praedictis, &c.

Ʋt antea usque Quando, &c. Et dicit * 1.137 quod ipse in nullo est inde culpabilis modo & forma prout, &c. ut antea.

Et praedictus A. B. per E. F. Attorn' * 1.138 suum ven' & defendit vim & injur' quando, &c. Et nichil dicit in barr' sive preclusion' actionis ipsius C. D. praed. per quod idem C. D. remanet inde ver∣sus praefat' A. B. in defens' &c.—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 Re∣gis 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 occa∣sione premissor' praedictor' quam pro mis' & Custag' suis per ipsum circa sectam su∣am in hac parte apposit' sustinuit & In∣quisition' quam inde ceperint Domino Re∣gi à die, &c. ubicunque tunc fuerit in Angl' sub Sigill' suis & sigillis eor' per quor' sacramentum Inquisition' ill' ceperint mit∣tant una cum breve praed. eis inde direct' Idem dies dat' est praefat' C. D. hic, &c. Ad quas quidem tres Septimanas sanctae

Trinitatis coram eodem Domino Rege a∣pud Westm. ven' praed. C. D. per At∣torn' suum praed. Et Vic' L. praed. vide∣licet T. B. & W. R. virtut' brevis praed. eis in forma praed. direct' retornaver' quandam Inquisitionem coram eis capt'▪ per sacramentum xii. probor', &c. apud Guild∣hal' * 1.139 Civit' London Scituat' in poroch' sancti Laurencii in veteri Judocisimo in Warda de Cheape ejusmodi Civit' (tali die & anno) per quam compert' existit quod praed. C. D. sustin' dampna occa∣sione praemissor' praed. ultra mis' & Cus∣tag' sua per ipsum circa sectam suam in hac parte apposit' ad, &c. Et pro mis' & Custag' al' ad, &c.—Ideo cons' est quod praed. C. D. recuperet versus praefat' A. B. dampna praed. per Inquisi∣tion' praed. superius in forma praed. * 1.140 compert' nec non, &c. pro mis' & Cus∣tag' 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, &c. Et praed. A. B. (si sit transgr') capiat', &c. (si sit in Casu) in Mi'a, &c.

Carolus, &c. Vic' L. Salutem, Cum * 1.141 A. B. nuper de, &c. in Com', &c. at∣tach' fuit essend' in Cur' nostra coram

nobis ad respondend' C. D. de placito qua∣re cum, &c. ut in le original' usque ad dampnum ipsius C. decem librar' ut di∣xit, & inde produxit sectam, &c. ta∣literque in eadem Cur' nostra, coram no∣bis processum est quod praed. C. D. damp∣na sua occasione transgr' (vel transgr' super casum) praed. versus praefat' A. B. recuperare debeat. Sed quia Cur' nostrae coram nobis incognit' existit quae damp∣na praed. C. occasione praemissor' praedict' sustinuit, Ideo vobis praecipimus quod per sacr' duodecim probor' & legalium homi∣num de balliva vestra diligent' inquir' quae dampna praed. C. tam occasione prae∣missor' quam pro mis. & custag' suis per ipsum circa sectam suam in hac parte ap∣posit' sustinuit. Et inquisitionem quam inde ceperit nobis à die, &c. ubicunque tunc fuerimus in Anglia, sub sigillis ve∣stris & sigillis eor' per quor' sacr' inquisi∣tion' illam ceperit mittat unacum hoc bre∣ve T. &c.

Et praedictus A. B. ut infra in le nil * 1.142 dicit in transgr' vel transgr' super casum usque indefens. &c. 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, &c. & 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 ad∣judicentur quam omne judicium & exe∣cution' habend. pro eisdem, Ideo idem A. de eisdem dampnis mis. & custag' sit inde quiet', &c. Et tantum pet' breve Domini Regis de habere faciend. ei pos∣sessionem suam termini sui praedicti adhuc ventur' de & in tenementis praedictis cum pertin' sine dilatione deliberari fac' & ei conceditur, &c. retornabile co∣ram eodem Domino Rege in Octabis, &c. ubicunque tunc Dominus Rex fuerit in Anglia idem dies dat' est praefat' C. hic, &c.

Carolus, &c. Vic' M. salutem, Prae∣cipimus * 1.143 tibi quod venir' fac' coram nobis à die, &c. ubicunque tunc fuerimus in Anglia xii. liberos & legales homines de vicinet' de B. in Com' tuo, Quor' quili∣bet 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, &c. aliqua affinitate atting' ad fa∣ciend. quandam juratam int' partes prae∣dictas

de placito, &c. 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. &c.

Carolus, &c. Vic' M. salutem, Prae∣cipimus * 1.144 tibi quod distring' T. G. de, &c. W. H. de eadem, &c. usque xxiv. jur' summonit' in Cur' nostra coram nobis int' C. D. Gen' quer' & A. B. nuper de, &c. per omnes terras & catalla sua in balli∣va 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, &c. ubicunque tunc fuerimus in Anglia, vel * 1.145 coram Justic' nostris ad Assi∣sas in Com' tuo capiend. assign' si prius die, &c. apud A. in Com' praed. per formam Statuti in hujusmodi casu inde nu∣per edit' & provis. venerint ad faciend. quandam jurat' int' partes praed. de placito, &c. Et ad audiend. inde ju∣dicium suum de plur' defalt'. Et ha∣beas ibi nomina jurator' & hoc breve T. &c.

Carolus, &c. A. B. C. D. &c. salu∣tem, * 1.146 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', * 1.147 die Lunae xiii. die J. apud A. in Com' praed. ad testificand. ea omnia & singu∣la quae secundum notic' & scientiam ve∣stras sciveritis in quadam actione in Cur' nostra coram nobis jam penden' in∣determinat' int' C. D. quer' & A. B. nuper de, &c. de placito, &c. Et hoc nullatenus omittat' sub poena centum li∣brar' T. &c.

Recordatur per Cur' (tali die & an∣no) * 1.148 quod idem placitum non habet diem continuationis per eundem Rotulum prae∣terea quam praed. Octab' Pur', &c. Ideo fiat Placitum praed. ad requisitionem ip∣sius Quer' discontinuari, &c.

Angl' ss. Memorandum quod (tali die * 1.149 prox' post, &c. isto eodem termino coram Domino Rege apud W. E. S. Mil. Capi∣tal. Justic' Domini Regis ad placita in Cur' ipsius Domini Regis coram ipso Re∣ge tenend. assign' hic recordatur quod (ta∣li die & anno) apud, &c. coram ipso

Capital. Justic' ven' G. H. de, &c. Ar' in propria persona sua & protulit coram Capital. Justic' praed. tunc ibidem quan∣dam indentur' quam cognovit esse factum suum, Et petiit quod indentur' ill. ut fa∣ctum suum coram dicto Domino Rege de re∣cordo irrotularetur, quam quidem inden∣tur' praed. Capital. Justic' per manus suas propr' modo deliberavit hic in Cur' in for∣ma praed. irrotuland. & irrotulatur in hac qua sequitur forma: This Indenture, &c.

Angl' ss. Memorandum quod die, &c. * 1.150 prox' post, &c. ut antea usque apud W. ven' G. H. de, &c. Arm', in propria persona sua, Et protulit coram eodem Domino Rege tunc ibidem quandam In∣dentur' suam quam cognovit esse factum suum, Et pet' quod Indentur' ill. ut fa∣ctum suum coram dicto Domino Rege de Re∣cordo irrotularetur, & irrotulatur in hac qua sequitur forma: This Indenture, &c.

And this any Filizer hath used to doe (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 * 1.151 ven' & defend. vim & injur' quando, &c.

Et dic' quod ad breve praed. C. D. re∣spondere non debet, quia dic' quod diu ante impetrationis brevis praed. scilicet xxiii. die Jan' Anno, &c. 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, &c. Et si, &c. tunc eum caperet & salvo custod. faceret. Ita quod habe∣ret corpus ejus coram Domino Rege (tali die) ubicunque, &c. ad respondend. di∣cto Domino Regi de quibusdam transgr' & contempt' contra formam Statuti de se bene gerend. edit', &c. unde indictat' fuit & unde, &c. ad quem diem scilicet à die sanc••ae Trinitatis in tres Septim' supradict' J. M. Arm' adtunc Vic' Com' praed. mandavit coram Domino Rege a∣pud W. quod ad Com' suum S. tent' apud G. in Com' praed. quarto die Febr' anno, &c. praed. C. D. primo exact' fuit & non comparuit, Et ad Com' suum S. tent' &c. & 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. Com' 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, &c. unde &c. 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 per∣sona & non al. neque diversa, &c.

Postea{que} scilicet tali die, &c. ven' praed. * 1.152 C. C. in propria persona sua & reddit se prisonae Marr' Maresc. dicti Domini Regis coram ipso Rege occasione praed. &c. Et statim dic' quod ipse idem Do∣minus Rex ipsum C. occasione utlagar' praed. impetere seu occasionare non debet quia dic' quod post utlagar' praed. in ipsum in forma praed. promulgat' prae∣dictus Dominus Rex Angliae, &c. ad Parliamentum suum inchoat' & tent' a∣pud Westm' tali die anno regni sui, &c. authoritate ejusdem Parliament' acquie∣tavit pardonavit relaxavit & exonera∣vit omnes & singul. subdit' suos & eorum quemlibet de omnibus proditionibus felo∣niis roboriis offens. contempt' transgr' injur' deception' malis gestur' forisfact' penalitat' & proficuis pecuniarum sum∣mis penis mort' poenis, &c. Et hoc, &c. unde, &c.

Postea scilicet die Lunae prox' post, &c. * 1.153 coram Domino Rege apud Westm' ven' praed. C. D. in propria persona sua, Et dicit quod ipse idem Dominus Rex An∣gliae, &c. post utlagar' praedictam versus ipsum C. in forma praedicta promulgat' scilicet (tali die & anno) apud Civit' Westm' in Com' Midd' ex gratia sua speciali ac ex certa scientia & mero mo∣tu suis per Literas suas Patentes sub magno sigillo suo Angliae sigillat', Cur'{que} dicti Domini Regis nunc hic ostens. qua∣rum * 1.154 dat' est apud Civit' Westm' praed. eisdem die & anno pardonavit, remisit & relaxavit omnes & omnimod. utlagar' quascunque versus ipsum C. solum seu con∣junct' cum aliqua alia persona sive aliqui∣bus aliis personis, Et hoc parat' est ve∣rificare unde pet' judicium & quod utla∣garia praedicta versus ipsum in forma praedicta promulgat' exoneretur & exo∣neratur, &c.

Et praed. A. B. per E. F. Attorn' suum * 1.155 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, &c. Quibus lectis & au∣dit' * 1.156 idem A. pet' judicium de brevi praed. quia dicit' quod inter praed. breve & narrationem praedictam superinde habi∣tam 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 su∣per 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 Re∣gis hic de brevi praedict', &c,

Et praed. A. B. per E. F. Attorn' su∣um * 1.157 venit & dicit quod, &c. ut supra Quia dicit quod alias scilicet duodecimo die Februarii anno regni dicti Domini Regis nunc, &c. xxx. in Cur' ipsius Regis coram ipso Rege apud Westm' in Com' Midd' 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 qui∣dem breve idem Dominus Rex praecepit eisdem Vic' London quod exigi facerent praed. C. D. per nomen C. D. nuper de, &c. in Com', &c. Gen', de Hust' in

Hust' quousque secundum legem & con∣suetudinem regni dicti Domini Regis nunc Angliae utlagaretur si non comparu∣isset & si comparuisset tunc eum caperent & salvo custodire facerent, Ita quod ha∣berent corpus ejus coram dicto Domino Rege in Crastino, &c. ubicunque tunc dictus Dominus Rex fuisset in Anglia ad respondend. praed. L. M. de placito qua∣re cum, &c. & sic recite le count usque ut dicit, Et unde iidem Vic' dicto Do∣mino Regi in Octab', &c. tunc ult' prae∣terit' mand. quod praed. C. D. non fuit invent' in balliva sua; praetextu cujus quidem brevis praedicti Vic' videlicet J. H. Mil. & F. L. Mil. ad praed. Cra∣stinum, &c. eidem Domino Regi apud Westm' mand. 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 i∣dem C. similiter exact' fuit & non com∣paruit, & quia ad nul. eor' Husting' comparuit, Ideo idem C. die & anno su∣pradictis utlagat' fuit. Et idem A. B. ulterius dicit quod praed C. adhuc sic utlagat' existit & quod utlagaria prae∣dicta in plen' robore & effectu adhuc re∣manet minime reversat' seu adnullat', & hoc parat est verificare per Record' ut∣lagariae

prae'd. unde pet' Judicium Cur' dicti Domini Regis hic si praedictus C. in hac parte responderi debeat, &c. cum hoc, &c. ut antea in le utlagar' sur un' indictment placit' in Bar', &c.

Venit & pet' Judicium de brevi praed. * 1.158 quia dicit quod praed. C. D. tempore im∣petrationis brevis originalis praed. ipsius C. (scilicet tali die & anno) & conti∣nue postea fuit & adhuc est coopert' de quodam W. B. viro suo, qui quidem W. non nominatur in brevi praed. Et hoc pa∣rat' est verificare unde pet' Judicium de brevi praed. per ipsum C. per nomen C. D. vid. in forma praedicta impetrat', &c.

Venit & pet', &c. ut antea, Quia di∣cit * 1.159 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 sup∣ponitur, Et hoc parat' est verificare un∣de pet' Judicium de brevi praed. &c.

Venit & pet' licenc' inde interloquend. * 1.160 hic usque in Crast', &c. & habet, &c. i∣dem dies dat' est praefat' C. D. hic, &c. 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' quod praed. A. ad breve & narration' suam praed. respon∣deat, &c. 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' prae∣terit' de quo die actio praedicta continua∣ta fuit hic usque ad hunc diem scilicet in Crastino, &c. & ante hunc diem fuit & adhuc excommunicat' existit; Et protu∣lit hic in Cur' Literas testamentarias Reverendi in Christo Patris J. providen∣tia divina Cantuar' Archiepiscopi totius Angliae Primat' & Metropolitan', quae excommunicatio praed. in forma praed. testantur in his verbis, ss. J. &c. (& sic recite tout les letters de excommu∣nication) Et idem A. pet' quod Actio praedicta remaneat inde sine die quous∣que, &c. Cum hoc quod idem A. verifi∣care vult quod, &c. (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 * 1.161 ven' & pet' Judicium de brevi praed. quia dic' quod in brevi illo continetur haec verba, (videlicet) secundum legem

& consuetudinem Regni Domini, &c. nunc Regis Angliae ubi in ordine parti∣cular' registri essent haec verba, vide∣licet, Secundum legem & consuetudinem Regni nostri Angliae, Et non sicut in brevi illo continetur, Et hoc parat' est verificare unde ex qua breve praed. for∣matur & impetratur contra formam or∣dinis Registri praed. idem A. pet' Judici∣um de brevi illo, &c.

Ʋt antea, usque quia dicit quod praed. * 1.162 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 origi∣nal. fuit & adhuc superstes & in plena vita existit, videlicet apud, &c. in Com', &c. Et hoc, &c. ut antea, unde pro eo quod idem R. non nominatur in brevi praedicto idem A. pet' Judicium de brevi illo, &c.

Carolus, &c. Vic' M. salutem, Cum * 1.163 plur' tibi praeceperimus quod juste & sine dilatione repleg' faceres J. S. quem J. M. & W. B. ceperunt & capt' tenent ut di∣citur 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 sig∣nificares quare mandat' nostrum alias ti∣bi inde direct' exequi noluisti vel non potuisti, At tu spretis mandat' nostr' proed. ut accepimus proefat' J. S. replegi∣ari vel saltem causam quare id facere noluisti vel non potuisti nobis significare hactenus non curaveris in nostri ac man∣dat' nostrorum contempt' manifest' & ip∣sius J. S. dampnum non modicum & gra∣vamen de quo mirabamus quamplurimum & movem' tibi adtunc proeceperimus fir∣mit' injungentes quod proed. J. S. reple∣giari faceres juxta tenorem mandator' nostror' proed. prius inde direct' vel tuip∣se esses coram nobis in Crastino, &c. ult' proeterito ubicunque tunc fuissemus in Anglia Ostensur' quare mandat' nostra proed. toties tibi inde direct' exequi contempsisti, Tuque ad diem illam nobis * 1.164 retorn' quod proed. J. S. elongat' est per proefat' J. M. & W. B. ad loca tibi in∣cognit' 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 quous∣que proed. J. S. per ipsos in forma proed. elongat' prout per retorn' tuum nobis cer∣tificasti gratis deliberari voluerit, Et

qualiter hoc mandat' nostrum fueris exe∣cut' nobis à die, &c. ubicunque, &c. constar' fac' ut ulterius inde fieri fac' prout de jure & secundum legem & con∣suetudinem regni nostri Angliae fore vi∣derimus faciend. Et habeas, &c. T. &c.

Carolus, &c. Vic' L. salutem, Cum * 1.165 Vic' nostro M. per breve nostrum nuper plur' proeceperimus quod juste & sine dila∣tione repleg' faceret J. S. quem J. M. & W. B. ceperunt, &c. (ut supra usque) vel causam nobis significaret quare man∣dat' 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, &c. (ut supra usque) movemus; eidem Vic' ad∣tunc proeceperimus firmit' injungentes quod proed. J. S. repleg' faceret juxta tenorem mandatorum nostrorum proed. prius ei in∣de direct' vel ipse esset coram nobis in Crastino, &c. ult' proeterit' ubicunque * 1.166 tunc fuissemus in Anglia ostens' quare mandat' nostra toties ei inde direct' ex∣equi contempsit, Idemque Vic' ad diem il. nobis retornavit quod proed. J. S. elon∣gat' fuit per proefat' J. M. & W. B. ad loca ei incognit' qua de causa proed. J. S.

repleg' non potuit, Ideo eidem Vic' praece∣perimus quod in Withernam caperet prae∣fat' 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' no∣strum fuerit execut' nobis a die, &c. * 1.167 ult' praeterit' ubicunque tunc fuissemus in Anglia constare faceret ut ulterius inde fieri faciamus prout de jure, &c. (ut supra usque) faciend. Ac pro eo quod i∣dem Vic' noster Midd' ad diem illam no∣bis mand. quod praed J. M. & W. B. non fuer' invent' in balliva sua cum testat' ex∣istit in Cur' nostra coram nobis quod praed. J. M. & W. B. latit' & distur' in Com' tuo, Ideo tibi praecipimus quod in Wi∣thernam capias praefat' J. M. & W. B. & eos capt' penes se teneas quousque praed. J. S. per ipsos in forma praed. e∣longat' gratis deliberari voluerit, Et qualit' hoc breve nostrum fuerit execut' nobis in Octab', &c. ubicunque tunc fue∣rimus in Anglia constar' facias ut ul∣terius inde fieri fac' prout, &c. (ut su∣pra usque) faciend. Et habeas, &c. T. &c.

Carolus, &c. Marr' Maresc' Cur' * 1.168 nostrae coram nobis salutem, Cum nuper

Vic' nostri L. per breve nostrum nuper praeceperimus quod exigi facerent W. P. nuper de, &c. de Hust' in Hust' usque de placito quare cum, &c. usque ut dicit praetextu cujus quidem brevis praed. W. P. utlagat' fuit quae quidem utlagaria cer∣tis de causis nobis apud Westm' specialit' moven' reversat' evacuat' & penitus ad∣nullat' existit, Ideo tibi praecipimus quod si ipsum W. P. occasione utlagariae praed. & non al. per te detent' existit tunc ipsum ad largum ire permittas pe∣riculo incumbenti, T. &c.

Carolus, &c. Vic' M. salutem, Prae∣cipimus * 1.169 tibi quod capias A. B. nuper de, &c. si invent' fuerit in balliva tua & eum salvo custod. Ita quod habeas Corpus ejus coram nobis in Octab', &c. ubicunque tunc fuerimus in Anglia ad respondend. C. D. vid. quae fuit uxor T. D. de morte praed. T. quondam viri sui unde eum ap∣pellat, Et habeas, &c.

Middlesex, ss. C. D. vid. quae fuit * 1.170 uxor T. D. per Attorn' suum juxta for∣mam Statuti, &c. op'tulit se quarto die versus A. B. nuper de, &c. in Comitat' praed. Gen' de morte praed. T. D. quon∣dam viri sui unde eum appellat & ipse non ven', Et praecept' fuit Vic' quod at∣tach'

eum per Corpus suum, Et Vic' re∣torn' quod non est invent', &c. Ideo prae∣cept' est Vic' quod capiat eum si, &c. Et eum salvo, &c. Ita quod habeat Corpus ejus coram Domino Rege in Octab', &c. ubicunque, &c.

Carolus, &c. Vic' C. salutem, Prae∣cipimus * 1.171 tibi quod capias A. B. nuper de, &c. in Com', &c. Gen' si, &c. & eum salvo, &c. Ita quod habeas corpus ejus coram nobis à die, &c. ubicunque tunc fuerimus in Anglia ad respondend. &c. 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 procla∣mari fac' quod idem A. B. sit coram nobis ad praefat' Terminum ad respondend. praefat' C. de morte praed. T. D. Et habeas, &c.

Carolus, &c. Vic' M. salutem, Prae∣cipimus * 1.172 tibi quod exigi fac' A. B. nuper de, &c. in Com' tuo Gen' de Com' in Com' quousque, &c. ut in al. exigent usque ad respondend. C. D. vid. quae fuit, &c. ut antea in le Cap. usque appellat, Et unde tuipse nobis mand. in Oct. &c. ult' praeterit'

quod praed. A. B. non est invent' in ballivia tua, Et habeas, &c.

Carolus, &c. Vic' M. salutem, Prae∣cipimus * 1.173 tibi, &c. ut antea in le Capi∣as in appeal de mort, usque ad respon∣dend. C. D. de roboria ipsius C. & pa∣ce nostra fract unde eum appellat, Et habeas, &c.

Carolus, &c. Vic' M. salutem, Prae∣cipimus * 1.174 tibi, &c. ut antea, &c. in le Cap' in appeal de mort', usque ad respon∣dend. C. D. de Maihemio ipsius C. & pace nostra fract', unde, &c. ut antea, Et habeas, &c.

Note, That the proceedings by way of Appeal in Murther, Robbery, Rape and Maihm, and such like, were here∣tofore much used, as may appear by divers of the Year-books, and Judg∣ments of Death have been given in them for Murther and Robbery as the Law required, as was lately experien∣ced in an Appeal for Murther 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 Sub∣jects (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 out∣lawed living in Wales, shall be awar∣ded 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.
Exceter	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 xvi 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 men∣sem Michaelis, &	T. Sexto die Novembr.
Alias ret' ut supra in men∣sem Michaelis, &	T. ut supra in mensem Michaelis.
Plur' ret' ut supra in men∣sem Michaelis, &	T. ut supra in mensem Michaelis.
Exigent & Proclam' ret' ut supra in men∣sem 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 per∣mit 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 re∣torns 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 e∣nough between the Teste and Retorn 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 Septiman' 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 que∣stion their Logick that by doing other∣wise 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 pro∣ceedings by way of entring Writs and

continuing them to be given in evidence (in causes where the Statute of Limitati∣ons is pleaded) against such Plea, but such continuances must be always from Term to Term, and the like is al∣ways 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 for∣tiori, no Term in any proceedings whatsoever by Original Writ ought to be omitted but such Writs always to be made returnable either de retorno in re∣tornum, 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 sup∣ply the Defect that sometimes happens and falls out between the Teste and re∣turn of the Exigent in not having length of time enough between the same for the Sheriffs to make returns; if in Lon∣don 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 Attor∣nies 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 ap∣plied 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 fol∣lowing.

Dies Sabbati prox' post Crast' Ascensionis Domini, Anno 31. Car. 2. Regis.

ss. Ordinat' est quod omnia brevia & * 1.175 process. quaecunque super brevia original. emanand. ante comparent' Defend. signari debent per Filizar' hujus Cur' secundum consuetudinem hujus Cur' ex motione Ma∣gistri Williams.

per Cur'.

But certainly it belongs to them also to make, and so consequently to sign, other Writs and Process after appea∣rance of the Defendant as well as be∣fore, 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 entring of Appearances themselves either general or special, and many other things, as is said be∣fore, are omitted out of the said Table, yet they do pari ratione without all di∣spute belong unto them as Filizers, and it is very easie to prove that anci∣ently 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 men∣tioned in the Preface, dated the Second day of February in the fifth year of the Reign of Charles the first (of ever bles∣sed memory) and now above fifty years since, which (out of his Prince∣ly zeal and love to his Subjects, and to hinder the growth of extortion in Fees, in all his then Majesty's Courts of Com∣mon Law and Civil Law, and all other Courts whatsoever, both superiour and inferiour, in this his then Kingdom of

England and Dominion of Wales, &c.) 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 Pa∣per) as it was examined (and attested upon Oath lately made in this Court) with the Record of the whole now re∣maining in the Chapel of the Rolls; and which follows in these words,

Rex, &c. praedilectis & perquam fi∣delibus * 1.176 Consanguineis & Consiliar' nostris Edwardo Vicecomiti Conway Domino Praesidenti privati Consilii nostri, Hen∣rico Comiti Manchester Custodi privati Consilii nostri, Thomae Comiti Arundel & Surrey summo Marischallo Regni nostri Angliae, Willielmo Comiti Pembroke Seneschallo Hospit' nostri, Edwardo Co∣miti Dorsett Camerario praecharissimae Consorti nostrae Reginae, Johanni Comiti Bridgwater, Edwardo Vicecomiti Wim∣bledon, Olivero Vicecomiti Grandison, & praedilecto & fidel. Consiliar' nostro'

Johanni Coke Militi uni principal. Se∣cretar' nostror' & dilectis & fidelibus nostris Roberto Killigrew Militi Viceca∣merario praecharissimae Consorti nostrae, Roberto Cotton Militi & Baronetto, Hugoni Middleton Baronetto, Henrico Spillman, Thomae Middleton, Johanni Bingley, Willielmo Slingsby, Henrico Spiller, & Thomae Cannon Militibus, Edwardo Ascoghe, Thomae Brett, Ni∣cholao Pay, & Thomae Bridgeman Ar∣migeris, Salutem. Quia dat' est nobis intelligi & in parte verissimum fore in∣venimus, quod quamplures dilector' subdi∣tor' nostr' infra Regnum nostrum Angliae & Principatum nostrum Walliae tam tempore Regni Domini Jacobi beatae memoriae nu∣per Regis Angliae praecharissimi Patris nostri quam tempore Regni nostri fuer' & in dies sunt injuste onerati & gravati diversis excessivis Feodis & pecuniar' summis injuste & extorsive exactis & re∣ceptis per quosdam Attornatos, Solicita∣tores, Clericos, & al. Officiar' & Mini∣stros in Cur' & foris nostris Judicialibus comunit' tent' apud Westm', &c. Nos in∣tuitu regio haec considerantes & volentes quod Justitia omnibus Subdit' nostris ae∣qualit' & indifferent' administretur cum tanta expeditione & tam minimis ex∣pensis quam convenient' fieri posset, Ac

quod omnes extortiones, exactiones, cor∣ruptiones, dilationes, abusus & enormi∣tates qualescunque exercitat' vel usitat' in Curiis & Offic' praed. vel alibi infra Regnum nostrum Angliae & Principat' Walliae tam infra libertates quam extra examinentur, explorentur & reformen∣tur, Et qui sic offendisse invenientur a∣spere & severe corrigantur & puniantur juxta eor' demerita, Et nos ulterius in∣tendentes pro bono & quiete dilector' subditor' nostror' quod omnia antiqua le∣galia & debita feoda in omnibus Curiis nostris, &c. & in omnibus & singulis Offic' infra Regnum nostrum Angliae, &c. per omnes legales, &c. modos, vias, mo∣dos & medios celerrime manifestentur, appunctuantur & stabilientur, ac omnia nova & exacta feoda gratuitates & ex∣tortiones 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 no∣stri in hac parte, fidelitati, discretioni & integritati vestris plurimum confiden∣tes assignamus vos, tres, vel plures ve∣strum

Comissionarios nostros & vobis tri∣bus vel pluribus vestrum tenore praesen∣tium plenam potestatem, & auctoritatem damus & concedimus ad inquirend. tam per sacramentum probor' & legalium ho∣minum dicti Regni nostri Angliae, &c. per quos rei veritas melius Sciri poterit & inquiri per testium depositiones, ac per omnes alias bonas vias modos & me∣dios qualescunque per quos veritatem ex∣plorare melius sciveritis aut poteritis, quot, quae & qualia Officia usitat' tene∣bantur ac exercebantur in anno Regni E∣lizabethae nuper Reginae Angliae undeci∣mo aut ullo tempore abinde (int' al.) in Cur' ad placita coram nobis tenend. &c. 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, Attorna∣tos vel Solicitatores, de vel in praed. Cur' temporalibus & qualibet earum vel ad eas∣dem spectan', &c. Et denique est Regalis no∣stra voluntas & in mandat' praecipue da∣mus & per praesentes concedimus quod om∣nia & singula processus, progressiones, reve∣lationes, disquisitiones, Inquisitiones, De∣positiones testium sacram' Jurator' ordina∣tiones

& omnia alia act a quaecunque capta, habita, facta vel executa, virtute, vi seu tenore duar' prior' Commissionum consimi∣lis tenoris in diversis rebus cum his prae∣sentibus, 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 inquisitio∣ne de exactionibus, extortionibus, inno∣vatis Officiis & aliis rebus sicut per eas∣dem plenius liquet & appareat erunt in omnibus & ad omnes effectus, proposita, intentiones & constructiones qualescunque valida & legalia ac ejusdem virtutis cum processibus, progressionibus, revelationibus, disquisitionibus, inquisitionibus, deposi∣tionibus test' Jurator' sacrament', ordina∣tionibus, & omnibus aliis actis quibuscun∣que quae virtute & tenore presentium ca∣pientur, 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 in∣tendimus & praecise esse volumus; In cujus rei, &c. Teste Rege apud Westm'

secundo die Februarii Anno Regni Regis Caroli quinto,

per ipsum Regem.

And here you see by this Commissi∣on that the Commissioners therein na∣med 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, &c. what Fees were taken therein in and since the eleventh year of Queen Elizabeth, and to make use of what former pro∣ceedings had been made in the like na∣ture by virtue of two former Commis∣sions, 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 Commis∣sion there was a presentment made the very next year following, for it bears date the two and twentieth day of A∣pril, Anno Dom. 1630. which was sex∣to 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-Of∣fice Fees, and somewhat by way of

Preface before the said presentment, and somewhat by way of conclusion to∣ward the end of it) both in the Com∣pleat Attorney and Compleat Solicitor, Books that have been permitted with∣out recall for many years to walk a∣broad in the World (certainly not to misguide, but) for instruction in the practick part of the Law; and truly, but that I was very unwilling to dis∣member 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 easie a method as in this. * 1.177 In which said Pre∣sentment and Books before mentioned the Filizer's Fees of this Court, not onely for Writs and Process but for entring of Issues, (among other things) are plainly inserted: And although it be certain there was such a Present∣ment 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 inrolled, but this (as is feared) never was inrolled 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 rea∣son there was for the omitting the in∣rollment 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 it self, in the Chapel of the Rolls, nor remaining in the Petty-bag Office in the Chancery, but (as it is believed) the original Presentment it self of all the Courts whatsoever might be left in the hands of some of the Commissio∣ners themselves, and so never return'd into the high Court of Chancery, out of which the Commission issued; but that onely some abstracts have been ta∣ken 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 e∣minent and ancient Attorney of this Court and one of the Clerks of the Of∣fice, as before is said they are com∣monly called for distinction sake, that is to say, a Clerk to the now Chief-Clerk,

upon a late Trial at the Barr in this Court between one of the Fili∣zers of this Court and the said chief Clerk, about the right of entring 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 Secon∣dary of this Court, sate to sign Judg∣ments, and (as he said) it was belie∣ved it was burnt in the late dreadfull 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 present∣ment (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 Si∣mon

Harborne, one of the Clerks to the then chief Clerk, and who was one of the Attorneys that presented it up∣on oath, as you may observe by it; be∣sides 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 certain∣ly the pains was very great in transcri∣bing of them, and therefore may be pre∣sumed was intended for some use, as to make their Bills by for their Clyents, and the like: The copy of which said Presentment followeth in these words,

WE whose Names are hereunto subscribed, being sworn be∣fore his Majesty's Commissioners for enquiry of new erected Offices and ex∣acted Fees, &c. to enquire and accor∣ding to our knowledge to give true in∣formation to his Majesty's said Com∣missioners, concerning Offices and Fees in his Majesty's Court of King's-Beech, do inform and certifie upon our said oaths as followeth, the 22. day of A∣pril, 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 ma∣ny years, neither have we any direct or certain means to inform our selves 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 Tho∣mas Fanshaw, Kt.
• 2. The Prothonotaries or chief Clerks, Robert Henley and Samuel Wight∣wick, Esquires.
• 3. The Custos Brevium or Clerk of the Treasury and Nisi prius, Robert Dew∣hurst and William Mason, Esquires.
• 4. The Marshall, Henry Mordant, Esq
• 5. The Filizers of the several Coun∣ties.
• 6. The Crier and Porter, Ralph Fe∣therston.

• 7. The Sealer of Writs, Robert Killi∣grew, Kt.
• 8. The Receiver of Fines, Henry Mor∣dant, 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 doe 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 re∣spectively.

Imprimis, FOR every person indicted * 1.178 upon any offence, as well criminal as others, for the plea of Not guilty,	02s. 00d.
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 entring 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 continu∣ance of every matter upon indict∣ment or information after issue joi∣ned for every Term,	02 00
Item, For every inrollment in a Quo Warranto, for every Roll,	13 04
And as much for the exemplifica∣tion, if the party desire to have it ex∣emplified the same Term that it is en∣tred, 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 enrolled, for every Roll,	13 04
Whereof to the Clerk for entry,	01 00
Item, For every other inrollment of any

Patent, Grant or otherwise, for e∣very 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 propor∣tion.
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 judg∣ment thereupon, for every Roll,	13 04
Whereof to the Clerk for every Noble	6d.
And for Gloves for the Judges and o∣ther 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 errour in Felony,	02 00

Whereof to the Clerk for entry,	2d.
To the Secondary for examination,	2d.
And for entry of the Indictment,	06 08
Whereof to the Clerk for entring,	6d.
For entring of every errour assign'd,	2s.
Whereof to the Clerk and Secondary,	00 04
For the Bayl in Court.	05 00
To the Marshal and Crier,	00 08
To the Writer for making the Bayl,	00 04
To the Clerk that is towards the cause,	01 08
For the entry of the judgment of rever∣sal 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 Errour, where the Indictment is not Fellony,	04 00
Item, For the entry of the Writ of Er∣rour, Exigent and Return, assign∣ment of Errours, Reversal and Bayl, the Fees are as in the case of Felo∣ny.
Item, For the Clerk's pains in drawing of the Errours, according to the length thereof, and the labour be∣stowed therein,	3s. 4d. or, 5s. &c.
Item, For every Imparlance upon In∣dictment,

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 exa∣mination 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 in∣sufficiency,	06 08
Whereof to the Clerk for entry,	00 06
Item, For the dismission of every per∣son upon indictment of Riot, Forci∣ble 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 dismissi∣on, and for entring 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 informati∣on 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 Prote∣station,	01 00
The Warrant of Attorney,	00 04
Item, For the entry of every cognition to any Nusance for High-ways 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 Judgment,	00 04
To the Clerk towards the cause,	01 08
Item, For the entring of every Postea which comes from the Judges of Assize, and the judgment thereup∣on,	08 00

Whereof to the Clerk for entry	6d.
And the like for every Verdict and Judgment upon any trial at the Bar, except special Verdicts, which are paid according to the length of eve∣ry Sheet,	00 08
Item, For the entry of the submission of every Recusant, his plea and judg∣ment thereupon,	13 04
Whereof to the Clerk for entry,	01 00
Item, For every person bound by re∣cognisance for the Peace, Good be∣haviour, or Felony, who dieth be∣fore day of appearance, upon which the Sureties plead his death, for the Plea, drawing and entring the Judg∣ment, and the Clerk's Fees,	15 04
Whereof to the Clerk for drawing and entring 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 con∣fession 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 up∣on a former Quo Warranto,	06 08
For exhibiting every information,	03 04
Whereof to the Master,	02 04
To the Clerk for making the Informa∣tion and Writ,	01 00
Item, For an appearance upon informa∣tion,	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 entring the appea∣rance,	00 04
Item, For every copy of any informa∣tion, 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 Tre∣spass, 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 At∣torney's Fee in regard the Writ is very long,	03 04
Also the Attorney that appeareth or doth any act in Court for any De∣fendant, hath as in all cases at the common Law for his Fee,	03 04
And in Quo Warranto, traverse of Lands Writs of errour in Felony being ex∣traordinary cases and but rare,	06 08
Item, For drawing of all Pleas, Repli∣cations and Rejoinders, &c. upon Quo Warranto, for every Sheet,	01 00
And for drawing all other Pleas, Repli∣cations, &c. 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 War∣rant,	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 Superse∣deas,	01 08
To the writer of the Writ and Recog∣nisance	00 07
To the Secondary for signing the Writ,	00 01
To the Attorney towards the cause,	01 08
For every attachment in contempt a∣gainst any person,	04 00
To the Master of the Office,	01 08
To the Clerk,	01 08
To the Maker of the Writ and War∣rant,	00 07
To the Secondary,	00 01
Item, For every Bail taken for appea∣rance,	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 remo∣ving Indictments, Informations, Pre∣sentments, 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, onely 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 Cor∣pus,	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,	4d.
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 Pri∣soners 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 Cor∣pus,	04 00
Item, For every Writ of Duces tecum upon the Retorn 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,	6d.
Or otherwise to the Secondary,	00 06
Item, For every Supersedeas granted upon any Indictment, if the party do not make Fine, then the Secon∣dary,	00 06
Item, For every Supersedeas for any person, upon any Indictment of Fe∣lony 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 ingrossing of the Writ,	00 06
Item, For entring 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 Indict∣ment,

the Master of the Office hath,	13 04
Of which the Ingrosser of the Writ hath	01 00
Item, For every Writ of seizure of Li∣berties,	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 Sur∣mise

or breach to the length there∣of.
Item, For every Scire facias in Felony, Diminuc' immediat', &c.	06 08
Whereof to the Writer,	00 06
Item, For every Subpoena ad testific' at∣tachment upon Information or other ordinary Writ,	04 00
Divided as the Habeas Corpus.
Item, For a Ve. fa. de novo upon a tra∣verse out of the Chancery, which is very rare,	06 08
Whereof to the writer,	00 06
Item, For entring 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 entring and making a Copy of a licence to the Informer to com∣pound with the Defendant upon any penal Law,	01 00
Besides the Judges 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 Re∣cord,	00 04
The Master of the Office hath from his Majesty onely 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 alto∣gether omitted.
For entring 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 doe the business of their Office, which said Clerks are called Clerks of the Of∣fice, and so soon as they are admitted

Clerks of the Office they are Attornies and have been always during our me∣mories 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 * 1.179
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 Offic' 1s. 8d.
Exigent in appeal,
Ve' fa' in appeal,
Distringas in attaint'
Habeas Corpus,
Certiorari,
Procedend.
Elegit,
Subpoena,
Retorn' habend.
Withernam,
Second deliverance,
Restitution,

Scire facias,	Pro quolibet Magistro Offic' 1s. 8d.
Diminuc' brev.
Libello habend. brev.
Probibition,
Consultation,
Proprietat' proband.
Distringas ad deliberand. rem de∣tent.
Distringas ad inquir' pro valore,
Resummons,
Reattachment,
Ven' fac' in audit' querel. versus par∣tem,
Habere fac' seisinam & possession',
Respond. in attaint',
Vendic' exponas,
Brev' excommunicat',
Brev' de Mittimus,

All these are accountable to the Protho∣notaries, 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 su∣per 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 Pro∣thonotary's Clerks, and are not ac∣compted for to the Prothonotaries.

Damages Clear.

In every Action wherein the Plaintiff recovereth damages to the value of 13l. 6s. 8d. or above, he payeth to the Prothonotaries after the rate of 1s. in the pound for damages clear when his Judgment is signed.

Fees due and received by the Prothono∣taries and their Clerks for Entries.

For every Deed how short soever,	2s.
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 a∣bove three Sheets,	02 00

For every general Issue to it,	01 00
For every Ejectione Firme,	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,	2s.
For every Deposition upon a Prohibi∣tion,	02 00
For every Judgment by circumstant',	04 00
Out of which the Clerk is allowed,	00 08
For every other Judgment,	02 00
Whereof the Clerk is allowed,	00 04
For every Dismission,	02 00
For every commission in Execution,	2s.
For every Satisfaction,	03 00
For every compaenc' recordat',	02 00
For every Non pros',	02 00
For every Action of Debt, Detinue or Accompt,	01 00
For every general Issue thereunto,	01 00
For every conditions performed,	2s.
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 so∣ever,	02 00
For every special Imparlance,	02 00
For every general Imparlance upon the plea Roll,	01 00
For every Defalt upon record,	02 00
For every Suggestion upon a Prohibi∣tion, how short soever,	02 00
For every Recognisance to it,	02 00
For every writ of Errour how short so∣ever,	03 04
For entring the Errours,	02 00
For entring in nullo est errat',	02 00
For every Diminution,	02 00
For abatement of a Writ of Errour and licence to bring a new,	02 00
For entring the same,	02 00
For every Recognisance single or with Condition,	02 00
For every Inrollment whatsoever lon∣ger 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 them∣selves as Clerks and Attornies.

For their Fee in every cause for every * 1.180 Term, as Attornies as well in the Crown Office as in the Prothonota∣ries 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, Accompt, &c. not exceeding one Sheet,	01 00
If more than one Sheet, every Sheet,	8d.
For drawing every Action upon the case or covenant how short soever,	03 04
For drawing every Ejectione Firme,	02 00
For drawing every Declaration in E∣jectione Firme Covenant and upon the case, being above three Sheets, for every Sheet,	00 08
For ingrossing in Parchment every Sheet,	00 04
For drawing every Surmise upon a Pro∣hibition,

for every Sheet,	01 00
For drawing all special Pleadings and spe∣cial 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 eve∣ry Term,	00 04
For entring of all things above three Sheets, for every Sheet,	00 08
Out of which they pay to the Protho∣notaries after the rate of a full Roll on both sides,	06 08
And for a half Roll,	03 04
For entring of every Judgment with Circumstant',	05 00
Whereof is paid to the Prothonotaries,	03 04
For every other Judgment,	03 00
Whereof is paid to the Prothonotaries,	01 08
For making every Bail,	00 04
For making every Bill of Middlesex e∣very Distringas nuper Vic' and Ha∣beas 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' pos∣session' besides the 4d. 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, De∣claration or other pleading recited in a Writ of Prohibition or Consultati∣on, 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 accompt to the Master of the Office at the end of the Term for every Pound he payeth is allowed 1s. which is ter∣med pro regardis.

Paid to the Keeper of the Seal for Bills of Middlesex at our first knowledge.

For the sealing of every Bill of Middle∣sex, * 1.181 from the Essoin day untill the continuance day,	00 06
From the continuance day untill 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 past he ta∣keth from the very day the Term ended unto the very day the Term beginneth,	00 10
And for every Alias and Plur' Bill, Ha∣beas 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,	4d.
The Post Terminum of the Attachment,	00 08
For the Seal of a Distringas versus Free∣holders,	00 01

Fees received by the Secondary.

For taking the acknowledgment of a * 1.182 Deed in Court,	01 00
For signing costs upon every Judgment by confession, Nihil dic', Verdict and Demurrer,	01 00
Also, for acknowledgment of every Deed, for every Judgment pronoun∣ced in open Court, every Rule to alter a Visne, for every Rule for an Attachment, Prohibition, Consulta∣tion, &c. he receiveth for the Poors Box,	01 00

For allowance of a Writ of Errour co∣ram nobis residen',	02 00
Whereof to the Box,	01 00
For the Allowance of the Writ of Au∣dita 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' * 1.183	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 Privile∣gio,	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 Judges Clerks.

Every Judge's Clerk taketh for every * 1.184 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 acknowledgment 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 acknowledgment of a Deed,	02 00
He taketh also for his own Fee for e∣very Witness to prove a Suggestion,	02 00

Counsellour's Fees

Are not certain to our knowledge but * 1.185 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 prac∣tise * 1.186 in this Court, and they take some 10s. for a Fee, some 20s. or more, as

their Clients will give them, and ac∣cording 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 me∣mories one of the Prothonotaries Clerks and appointed by him, and is now ex∣ercised by John Hill and John Wood∣ward.

For the copying of special Pleas, for e∣very * 1.187 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 entring in his Book every Record to be read,	01 00
For entring in his Book every cause to hear counsell at every time,	01 00
For entring 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 Protho∣taries Clerks, and is now exercised by Nicholas Pluncket.

For entring every Rule except general * 1.188 Rules for answer,	00 04
For a copy of every Rule,	00 04
For every general Rule for answer be∣ing in number above three,	00 02

Other Sums of money taken by the said Clerk of the Rules, which he now dis∣claimeth.

For every Rule given in Court, with a copy for a Prohibition or Consul∣tation he taketh 1s. whereas the due is but 8d. 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 1s. whereas the due is but 8d. which hath been taken two or three years,	00 08
For every copy of every Rule after the continuance day he taketh 8d. where∣as the due is but 4d. which hath

been taken two or three years,

4d.

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 Postea's, 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 * 1.189 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, 4d. but now by a general consent for the recei∣ving, filing, pying and shewing the Files to the Filizers and Clerks he is allowed for every Term of every Filizer and Clerk of the Office, 2s. and this hath continued thirty years or thereabouts,

02 00

Laurence Coldham, one of the Secon∣daries * 1.190 Clerks, for his pains and care in making and keeping the remem∣brance of the Entries, and for seve∣ring and filing of writs, &c. he re∣ceiveth of every fellow Clerk of the Office upon his account every Term as a gratuity,	01 00
Walter Carpenter, one of the Seconda∣ries Clerks, for entring notes of the Writs made in the Term time into Rolls of Parchment, every Term e∣very Clerk of the Office giveth what he pleaseth.
William Roper, one of the Secondaries Clerks for entring 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 Of∣fice giveth him what he pleaseth.

The Custos Brevium hath always had divers Clerks to doe 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 * 1.191 action of Trespass,	04 06
For every other action how short soe∣ver,	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 indict∣ment of Murther for every Name that pleadeth to Issue,	06 08
For every short exemplification in Tre∣spass,	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 Firme,	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 Mur∣ther,	01 00

For every Sheriffs Warrant,	00 08
For every other Warrant of Attorney,	00 04
For every search for a Roll for ten years last past,	00 06
For every search for the same of above ten years last past,	03 04
For search for Rolls for the six last Terms,
For search for every File of Declarati∣ons, 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 inrolled, for e∣very Sheet,	00 08
For a copy on the Crown side, for e∣very 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 shewed us of Fees.

For the writing of every Nisi prius or * 1.192 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 untill about Anno secundo Jacobi Re∣gis, 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 certi∣fied by Sir William Knowles, Kt. sometimes Marshal of the King's-Bench, as appeareth by Mr. Antro∣bus's Book.

Imprimis, For the enlargement of every * 1.193 Prisoner under his charge, which is termed a dismission Fee,

01 00

Item, He demandeth for every Priso∣ner upon his inlargement a Fine for not wearing of Irons,
For Executions, in every Pound,	00 03
For Actions, in every Pound,	1d. ob.
But he agreeth with the Prisoners at lower rates.
The Marshal taketh for every dismis∣sion more than the former Fee of 10s.	08 08
The Deputy-Marshal and Marshal's * 1.194 Men take for every Prisoner that is committed in the Court,	05 06
And for every Prisoner committed from the Judges Chamber,	02 06
The Deputy-Marshal taketh for the al∣lowance of every Habeas Corpus,	02 06

Moneys and Fees due and received by the Filizers.

For every Capias, Alias, Plur', Testat' * 1.195 Exig', Proclam' and Distringas in Trespass,	00 06
For every Exig' and Proclam' in reple∣vin,	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, &c. in every Rapt' Cu∣stod. in every Trespass, contra for∣mam ordinationis, every Ejectione fir∣me, 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 ap∣peal of Robbery,	02 00
For every name in every Capias, Alias, Plur' in appeal of Murther,	02 00
For every Proclamation in every ap∣peal,	02 00
For every general Capias utlagat' & de∣liberat' de Record.	00 10
For every special Capias utlagat' & de∣liberat' de Record.	02 04
For every Resum' habeas Corpus & di∣stringas in attaint before appearance,	02 00
For every Delib' de Record.	00 04
For every Writ of Withernam, second deliverance, and retorn' habend. be∣fore 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 ori∣ginal,	02 00
For entry of every Declaration in Tres∣pass by original,	01 00
For entring Not guilty thereto,	01 00
For Entry of every Ejectione firme, 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 ap∣pearance, 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 Attornies in the same Court, and may take of their Clients for their Fees, and for drawing and ingrossing all Declarations, and for drawing all special pleadings, and for all copies in such cases wherein they are Attorneys as the Clerks of the Of∣fice 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 him∣self and his Deputies in the Court these Fees following.

For calling a Jury,	02 00 * 1.196
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 chuseth his Guardian,	6d.
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 Tryal at Bar,	05 00 * 1.197
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 * 1.198
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 * 1.199 Wagermen, where the Defendant wageth his Law or is ready to wage his Law,	12 00

Fees received by the Clerk of the Er∣rours immediately after the Statute of the 27th of Elizabeth.

For the Lord Chief Justice his Fee for * 1.200 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 01l. 15s. 03d. 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 fol∣loweth upon a Writ of Errour.

For the Prothonotaries for the Recog∣nizance,	02 00
For the Judge's Clerk,	02 00
For making the Bail,	00 04
For drawing and entring the Recogni∣sance,	04 00
Now, and for the space of 30 years last past he hath taken upon the receipt of every Writ of Errour and Supersed. in a gross summ,	2l. 6s. 8d.
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 Ju∣stice, ex relatione Edwardi Pye, now Clerk of the Errours, but we do not certifie it of our knowledge.
Also he taketh, and for the space of di∣vers years now last past, hath taken in a gross summ for every Bail,	19 04
For every Writ of Errour, tam in red∣ditione Judicii quam in adjudicatione Executionis, he taketh double Fees.

The Fines.

There is an Office invented and e∣rected * 1.201 about the sixth of King James, and now exercised by Henry Mordant, Esquire, whereby is demanded and ta∣ken upon the filing of every Declarati∣on in Debt, where the Debt is above 40l. and not above 100 Marks, 3s. 4d. and above 100 Marks and not above 100l. 5s. and so more after the same rate; and also every Action upon the Case, Trespass for Goods, where the

Damages are laid above 40l. the like rates so that the Plaintiff or Defendant be not a Person privileged nor the De∣fendant in Custod. Mar' whereas before 6 Jacobi Regis in all our memories no such monies were paid or demanded.

The Seal Office.

The Officer or Patentee receiveth for * 1.202 every Writ (besides Cap' utlagat', and other Writs pro Rege, and for Exemplifications and Writs of Privi∣lege).	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 se∣veral Officers as followeth.

The Cryer for calling the Jury,	02 00 * 1.203
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 Tipstaves or Marshal's Men for a

Verdict given before the Court ri∣seth,	08 06
If the Jury lie together all Night,	17 08
The Judges Foot-cloth Men 1s. a-piece,	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 pri∣vy 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 Dores,	01 00
To the Secondary for taking the Ver∣dict 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 e∣streating every Amercement upon a Sheriff.	01 00

The Clerks of the Office have for∣merly paid no Fees at the Trials in cau∣ses 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 Prothono∣taries Clerks every Term that he faileth to bring in his Rolls within 24 days next following after Trinity Term, Micha∣elmas and Hilary Terms respectively, and within 10 days next after Easter Term, 1s. whereas they have always formerly had time to bring them in untill the Essoin day of the next Term without Fee.

Also there is paid to the Secondary his Clerk for the filing of every com∣mon Bail after six days after every Term over and above the due Fee, 4d. 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 certifie 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 shewed 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 writ∣ten, whereby we are induced to believe the said Fees in the said Books or Notes contained to be anciently due and pay∣able; the Copies of which Books or Notes so to us produced, according to our charge in that case, we are ready to shew to his Majesty's said Commissi∣oners, together with this our Certificat. And we do farther certifie that we know

not of any other Books, Rolls, Deeds, Records, Orders, Tables, Notes, or a∣ny other Writings, Memorandums or Warrants which may give any farther testimony concerning the premisses, ex∣cept 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 Brittain.
• Richard Barnett.
• William Small.
• Edmund Denny.
• Nicholas Tippett.
• Thomas Powell.
• Richard Antrobus.
• John Green.
• John Badger.
• Felix Wilson.
• Robert Clark.
• Ambrose Mudford,
• Richard Slater.
• William Jumper.
• William Leach.
• Gilbert Barrell.
• John Dobbins.

These Fees following were not cer∣tified in the former Verdict, but thought fit by most of the Jury, to be left out as things not inqui∣rable or comprehended within their charge.

To the Associate for entring 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 Ju∣ry,	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 Judges Foot-cloth and Horse-keeper, 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 Defen∣dant, or the Plaintiff be nonsuited then there are these Fees taken of the De∣fendant 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 Plain∣tiff is not in default, the Associate ta∣keth for entring 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 entring 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 Judges 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 Judges Foot-cloth and Horse keeper,	01 00
This hath continued about 30 years.
To the Associate for taking out of a Re∣cord not tried,	02 00
This began about sixteen years past.

If the Verdict pass for the Defendant, or the Plaintiff be Nonsuited, then the Defendant must pay these Fees follow∣ing 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 2s. 6d. than is taken in like case in London.

Fees paid in our time to the Clerk that draweth up Special Verdicts in Lon∣don or Middlesex.

For drawing it up per Sheet,	01 00
For indorsing it per Sheet,	00 08
For copying it per Sheet,	00 04

Fees paid all our time for drawing a Spe∣cial 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 ge∣neral Verdict, 2s. if it be long and

contain divers Issues then more than	02 00
For two Copies, per Sheet severally,	00 08
For ingrossing 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 Ni∣chil,	01 00
For returning a Scire fac' with a Scire feci,	02 00

Finis Feod. de Banc le Roy.

THese were Attornies (no doubt) of the greatest knowledge in those times, and most fit to be concer∣ned in such an Inquiry after the Fees of that Court wherein they were At∣tornies: The three first were Clerks in

the Crown Office, as I have been in∣formed; Hoddesdon was afterwards Se∣condary of the Court, Small of Furni∣val's-Inn, Denny of Clifford's-Inn, Sla∣ter one of the Clerks of the Nisi prius Office in this Court, Leech was the now Secondary's Master, Barrell 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 Attornies of this Court, and it is strange that they should not understand well their Master's Fees above all others; and yet these Attornies have presented those Fees for entring Issues by Origi∣nal to be due to the Filizers which the now chief Clerk claims to be due to him, and the same Attornies that pre∣sented theirs, at the same time presen∣ted 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 pre∣sumed they swore right and were very honest men as to one part of the said Presentment, and perjur'd and very dis∣honest men as to some other part of it; which cannot be, for Juramentum est in∣divisibile,

& 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 Pre∣sentment cannot be found, whether it be burnt, or mislaid, or kept secret, or what is become of it is hard to deter∣mine, 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 here∣after, I hope, to our most gracious So∣vereign Lord the King that now is, to grant another like commission when he in his abundant Princely wisedom 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 avoi∣ded. But that all the Fees that do be∣long 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 o∣mitted; that is to say, there is no Fee inserted for the entring of the appea∣rance, 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 entring of any such Writs or Process, nor for the transcribing of the special Outlaries with Inquisitions returned into the Ex∣chequer, which as Clerks of the Out∣laries 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, a∣gainst a Corporation, or against a Hun∣dred, nor for any Testat' Distring' or Testat' Pone, nor for any Writ of Homine replegiando, or Capias in Withernam thereupon, or Testat' Capias in Wither∣nam, and divers other things as Inrol∣ling of Indentures and the continuance of Process, and the like; but Bernar∣dus non vidit omnia. And it is certain the Filizers have made and do make all and singular the Writs and Entries a∣bove 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 Judgment of the Judges of this honourable Court to determine what the Filizers ought

to have in such cases, onely the Rea∣der may observe, if he pleases to look back into the aforesaid Presentment, and there among the Filizer's Fees he will find that for entring of Issues, if they were above three Sheets they are allowed there 8d. per Sheet: And like∣wise the said Presentment mentions a Fee for every Writ of Withernam, se∣cond Deliverance and Retorn' habend. before Avowry, which seems to imply as if the Filizers had nothing to doe with it after Avowry; if so, how comes it to pass that since the said Pre∣sentment was made they have entred Replevins, Avowries and Pleas in Bar thereunto, and Judgments thereupon, on their Filizer's Rolls, as may appear among the many Entries of Issues by Original Writ before recited; for the ve∣ry next Term after it was made, to wit, in Trin. 6 Car. 1. one Gosnold, Filizer of Suffolk, entred a Scire fac' in replevin and in Hill. 7 ejusdem, Nil dic' in re∣plevin entred by the Filizer of Somer∣setshire, in Hil. 12. one Eveleigh, Fi∣lizer of Devon, entred two Issues in re∣plevin, and in Pasch. 14. ejusdem, Rot. 7. one Wright, Filizer of Sussex, entred a Replevin with an Avowry, and Plea in Bar and Judgment for the Avowant,

and a Writ of Enquiry for Damages a∣warded, in Mich. 14. the like by Payn, Filizer of Sussex, in Hil. following the like by the said Payn, Trin. 15. an Issue in Replevin by the said Payn, in Hil. 17. Rot. 22. one Blincoe, Filizer of So∣mersetshire, entred a Replevin with an Avowry and Plea in Bar, in Hil. 1652. Rot. 16. one Woodeson, Filizer of York∣shire, entred a Judgment in replevin, with a Retorn' habend. and a Cap. in Wi∣thernam awarded, in Hil. 1655. Rot. 12. one F. Gregg, Filizer of Derbyshire, en∣tred a special Plea in replevin, and Non pros. superinde, and Retorn' habend, in Trin. 1657. Rot. 14. the aforesaid Payn entred three several Declarations in re∣plevin, and for want of Avowries seve∣ral Writs of Pone are awarded, in Pas. 23 Car. Regis nunc Rot. 16. one Ba∣thurst, Filizer of Kent, entred a Judg∣ment in replevin, a Retorn' habend. A∣veria elongat' and a Cap. in Withernam awarded, and many more might be here inserted but these may suffice. And whereas the said Presentment (prima fa∣cie) may seem likewise to contradict it self (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,

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to belong both as well to the chief Clerk, or Prothonotary, as also to the Filizers, and among others I shall ob∣serve these, as namely, the Supersedeas, Habeas Corpus, Process in appeal, Sub∣poena, Resummons, and the like; now to reconcile this seeming contradiction, the Reader is to take notice that these last mentioned Writs, and such like o∣ther 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 obser∣ved that upon a Scire fac' to revive a Judgment by Bill, it is always said per Billam sine Brevi nostro ac per Judicium ejusdem Cur' recuperasset, &c.) So when it is commenced by Writ, that is to say, original Writ out of Chan∣cery, 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 Ap∣peal, my Lord Coke saith in his 3 Inst. Cap. 105. fol. 237. of Pardons, that in an Appeal of Death, Robbery, Rape, &c. 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 Judg∣ment, &c. or by Outlawry, the par∣don 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 ei∣ther 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 ex∣tendeth 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; be∣cause the matter of Appeals being very large and copious in its own nature may deserve hereafter to be spoke to by it self. 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 Pro∣thonotary, when proceedings are by Bill and not otherwise, and to the Fili∣zers when they are by Writ and not o∣therwise, &c.

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 Ju∣stice by the several Officers of the same Court, by the space of thirty years last past, upon Certificate whereof his Ma∣jesty will take such course for the set∣ling of those Fees in the said several Courts as to his wisedom shall seem meet: And the Lord Keeper is not one∣ly

to perform this his Majesty's plea∣sure in the Court of Chancery, but to signifie 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 White-hall, 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 past have been used to be taken by the several Officers, Ministers or Clerks of the Court of King's-Bench, hereafter men∣tioned, as belonging or claimed to him or them, by reason of his Office, Place or Clerkship by Ʋs 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 pre∣sented 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.

Monies 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 enhaunsed, encreased or innovated, within the space of thirty years now last past.

• * 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 Attornies, 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, onely 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, * 1.204 and in∣rolled 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, Rolle, Aske and Newdigate, before mentioned, a∣mongst other things it was ordered that a Jury of able and credible Offi∣cers, Clerks and Attornies once in three years be impannelled and sworn to inquire, first of the points usually

inquirable by Writ, viz. Falsities, Con∣tempts, Misprisions and Offences; Se∣condly, Of such who have been ad∣mitted Attornies 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 Marshalsey, and that some persons be enjoined and sworn to give evidence, (viz.) some Clerks of the Court, and some Attornies in e∣very County, not excluding others. And no doubt but hereupon some Pre∣sentments 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 duely put in execution, I do most humbly refer and submit to the Judg∣ment and opinion of the now most Lear∣ned 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 Blew 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 Bartho∣lomew-Lane.
Dorset.	John Martin.
Ebor.	George Woodeson, at Mr. Tho. Gallowe's Chamber in Clement's-Inn.
Essex.	William Twyford, at the Wool-pack in the Poultrey.
Glouc.	John Trye, of Gray's-Inn.
Heref.	William Hastings, at his house in Hat∣ton Garden.
Hertf.	William Ravenhill, at Grocer's Hall.
Huntingt.
Kent.	Thomas Bathurst, at Mr. Oade's a Scri∣vener in Breadstreet Hill.

Leicest.	William Benson, at his House in Shore∣ditch.
Lincoln.	John Browning, at the Crown in Kingstreet by Guildhall.
London.	John Trye aforesaid.
Middles.	The same.
Monmouth.	John Smith, next dore to the Crown in the Poultrey.
Norfolk.	William Avery, at Gray's-Inn.
Northamp.	Godfrey Wildbore, at Mr. Hart'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 Basing∣hall Street.
Somers.	Robert Randall, at Mr. Abbington's in Coleman Street.
Southamp.	Francis Caplyn, at his House in Wine∣office Court in Fleetstreet.
Staff.	Michael Martyn.
Suffolk.	James Fuller aforesaid.
Surrey.	John Trye aforesaid.
Sussex.	Richard Aylwin.
War.	James Fuller aforesaid.
Westmorl.	John Hinde, at the Horns in Bell Yard.
Wigorn.
Wilts.	Samuel Porter, in Star Court in Fri∣day Street.

Civ. Cant.
C. Cov.
C. Bristol.	John Ayres, at Mr. Philip's. House in Wandall Court in Blackfryers.
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 doe and perform all other matters whatsoever subsequent or belonging thereunto, that so a failure of Ju∣stice in the proceedings may be prevented. And when any change shall happen in any of the a∣foresaid Filizers by death or otherwise, or any

admitted into the vacant places, it may be known of the Keeper of the Sign of the Lati∣tats in this Court, who keepeth a Book of the Names of the Filizers, Clerks of the Office and Attornies at large of the said Court, and the time when they were admitted.

FINIS.

Notes

• * 1.1

  First.
• * 1.2

  Secondly.
• * 1.3

  Thirdly.
• * 1.4

  First, as to Persons.
• * 1.5

  Secondly, as to Actions.
• * 1.6

  Fourthly.
• * 1.7

  Note the true cause of action is to be ex∣pressed parti∣cularly.
• * 1.8

  Fifthly.
• * 1.9

  An. H. 6.
• * 1.10

  An. Ed. 4.
• * 1.11

  An. Ed. 5.
• * 1.12

  An. R. 3.
• * 1.13

  An. H. 7. An. H. 8.
• * 1.14

  An. Ed. 6.
• * 1.15

  An. Mariae.
• * 1.16

  An. Elizab.
• * 1.17

  An. Jacobi.
• * 1.18

  An. Car. Primi.
• * 1.19

  An. Dom. 1649.
• * 1.20

  Ann. Car. Secundi.
• * 1.21

  Sixthly.
• * 1.22

  London, vel, Middlesex.
• * 1.23

  In Tusgr.
• * 1.24

  Middlesex.
• * 1.25

  In tusgr. & insult.
• * 1.26

  Middlesex.
• * 1.27

  In ejectione firmae.
• * 1.28

  London ss. In tusgr. sup. casum.
• * 1.29

  The King's Majesty's Fines upon O∣riginal Writs.
• * 1.30

  This Court of King's-Bench being before mentioned in this Statute.
• * 1.31

  A Proviso not to extend to a Capias and Exigent there∣upon after Judgment, or to a Capias ad satisf. to make the Bail liable.
• * 1.32

  Appearance upon arrest.
• * 1.33

  Appearance to the Exigent.
• * 1.34

  Appearance after reversal.
• * 1.35

  Vide Praxis utriusque Banci, fol. 108. int. alia.
• * 1.36

  First Insti∣tutes. fol. 128. b.
• * 1.37

  Middles. ss.
• * 1.38

  The Plaint.
• * 1.39

  Middles. ss. The Precept.
• * 1.40

  Le Capias.
• * 1.41

  Le Alias.
• * 1.42

  Le Plur.
• * 1.43

  Le Exigent.
• * 1.44

  Le Foreign Proclamatio.
• * 1.45

  Le Allocatus.
• * 1.46

  Si in Com. Quatuor. Com.
• † 1.47

  Tu ipse.
• * 1.48

  Le Supersed. quia impro∣vide.
• * 1.49

  Le general. Cap. utlagat.
• * 1.50

  Le special. Cap. utlagat.
• * 1.51

  Intration. special. Pro∣cesse de
• * 1.52

  Cap. alias & plur. Exigen. & Proclam. & utlagaria reversat. Su∣perinde.
• * 1.53

  Le Teste de le Exigent.
• * 1.54

  Allegation quod null. breif. de proclam. e∣manat. fuit.
• * 1.55

  Le Bayle.
• * 1.56

  Utlagaria re∣versat.
• * 1.57

  Le special. Bayle sur. re∣versal. del ut∣lagar. & sem∣per cap. in Cur. & affi∣lat. cum Cus∣tod. brev' huius Cur.
• * 1.58

  Le special. Bayle Sur arrest. & cap. coram un' Justic. Cur. & affilat. cum Cus∣tod brevium praedict.
• * 1.59

  Supersedeas Sur. reversal. del utlagar. pro defectu Proclamation ubi bona & Catalla Def. cap. fuer. per breve de special. Cap. utlagat. de∣vant le re∣versal.
• * 1.60

  Aliter ex as∣sensu Attorn. pro Quer. Sur def. im∣position. bal∣litum coram un' Justick. Cur.
• * 1.61

  Breve de Cap. ad sa∣tisfaciend.
• * 1.62

  Exigent su∣per inde.
• * 1.63

  Retorn. del. Capias de∣vant.
• * 1.64

  Exigent post Cap. puis un. recov. pro dampn. in comm. Banco & affirmetur in Cur. hic Sur breife de error.
• * 1.65

  Breve de Po∣ne Sur. un' breife de Recordare.
• * 1.66

  Retorn. del Recordare.
• * 1.67

  Intratio inde.
• * 1.68

  Retorn. de Recordare.
• * 1.69

  Retorn. de Pone.
• * 1.70

  Breve de di∣string' super Pone praed'
• * 1.71

  Distringas envers un' Peere.
• * 1.72

  Testat. Di∣string. sur nichil re∣torn. envers un' Peere.
• * 1.73

  Testat. pone sur tiel re∣torn. envers un' Peere.
• * 1.74

  Retorn. del Pone.
• * 1.75

  Distring. versus un' Corporation' vel Hundred.
• * 1.76

  Un' Special' Cap. ad ar∣rest.
• * 1.77

  Intratio inde.
• * 1.78

  Le retorn. del Cap.
• * 1.79

  Testat. Cap. super inde.
• * 1.80

  Intratio in∣de.
• * 1.81

  Retorn. de Cap.
• * 1.82

  Retorn del testat. Cap.
• * 1.83

  Supersedeas in abatement del briefe de Exigent quia Def. in ill. nominat. Mi∣les quando fuit Miles & Baronettus.
• * 1.84

  Breve de Exigi fac' post un' Po∣ne & Cap. retornat. fuer. & Def. in Contempt. Domini Re∣gis.
• * 1.85

  Breve de Certiorar. Vic. L. pro eo quod Exigi fac. casualit. per∣dit. est, su∣per quo Def. fuit retornat. utlagat.
• * 1.86

  Distring. & Proclama∣tion. en un' briefe envers un' Corpora∣tion.
• * 1.87

  Intratio de le Impar∣lance in as∣cun action per original.
• * 1.88

  Scir. fac. sur. pardon del utlagar. per Statut.
• * 1.89

  Retorn su∣per inde.
• * 1.90

  Quer' fec. defalt.
• * 1.91

  Judic. super inde.
• * 1.92

  Retorn. ha∣bend. ubi Quer' fecit defalt.
• * 1.93

  Intratio inde.
• * 1.94

  Retorn ha∣bend. alio modo ubi Quer' fecit defalt. & breve de In∣quir' de dampnis.
• * 1.95

  Simil. Inquir. de Reddit. aretro & va∣lor. Averior. capt. post suggestion. Def. in na∣tur. cogni∣tion. pro quodam an∣nual. reddit. secundum Statut. &c. de Anno 17 Car. 2. Regis, cap. 7.
• * 1.96

  Breve de se∣cunda deli∣beratione.
• * 1.97

  Non omittas.
• * 1.98

  retorn' del Cap.
• * 1.99

  Intratio. inde.
• * 1.100

  retorn' del Capias.
• * 1.101

  retorn del non omitt.
• * 1.102

  Distring' Bal∣livum super Cepi Corpus.
• * 1.103

  Intratio inde.
• * 1.104

  Intratio. de languid' in Prisona super un' Ca∣pias.
• * 1.105

  Habeas Cor∣pus licet languid'
• * 1.106

  Intratio. de amercia∣ment' Vic. pro non re∣tornand' bre∣ve de Cap. alias aut plur' &c.
• * 1.107

  Distring' nu∣per Vic.
• * 1.108

  Intratio inde.
• * 1.109

  Non pros' pro defectu Narr' post comparenti∣am super Exigi fac'
• * 1.110

  Breve de Cap. in Wi∣thernam sur' plur' repleg'
• * 1.111

  le retorn' del plur'
• * 1.112

  Breve de ad∣jornament' fact' per les' Filizers.
• * 1.113

  Le Retorn' per Vic' su∣perinde.
• * 1.114

  le Teste vel breife de ad∣jornm
• * 1.115

  Breve de Distring' ver∣sus un' & post un' Essoin versus al' in un' quare Impedit.
• * 1.116

  Intratio in∣de.
• * 1.117

  Breve de Po∣ne post Es∣soine & un' distring' in consili' casu.
• * 1.118

  Intratio inde
• * 1.119

  Le Entry del general' appearance.
• * 1.120

  Consile' del special appea∣rance on spe∣cial Bail.
• * 1.121

  Scire fac' versus le Ma∣nucaptor' su∣perinde.
• * 1.122

  Sile▪ sur' utla∣gar' puis pardon Le Roy.
• * 1.123

  Exigi fac. versus un'des' ubi alter des' capt' fuit per plur' & com∣paruit super Cepi Corpus retornat'.
• * 1.124

  Breve de Proclamat' superinde eisdem Vic' L.
• * 1.125

  If the Procla∣mation be in∣to a Foreign County, then say as in the first Procla∣mation in this Book.
• * 1.126

  Cestr.
• * 1.127

  Dunelm.
• * 1.128

  Lancastr.
• * 1.129

  Dover.
• * 1.130

  Insula Elien.
• * 1.131

  Le General utlagar' Com' Pal' Lancastr'
• * 1.132

  Le Special utlagaria ei∣dem Com'.
• * 1.133

  Narr' in casu semel recitat'
• * 1.134

  Bis reci∣tat' in transgr'.
• * 1.135

  Narr' versus un' def' quan∣do alter def' stet utlagat'
• * 1.136

  Non assump∣sit.
• * 1.137

  Non Cul.
• * 1.138

  Nil' dic' in transgr' vel transgr' super cas' & agard. de breve de dampn' & Judicium superinde.
• * 1.139

  Retorn del Inquisition'
• * 1.140

  Judicium superinde.
• * 1.141

  Le breife de Inquir. de dampnis in transgr. vel transgr' super casum.
• * 1.142

  Judicium in ejectione fir∣mae per nil dicit versus le casual. e∣jector' ubi dampna sunt remiss.
• * 1.143

  Venir' fac' sur exit' junct.
• * 1.144

  Distring. Jur. superinde.
• * 1.145

  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, &c. apud Guildhall London, (vel in Mid. apud Westm. in Com' Mid. in magna aula placitorum ibidem per formam Statuti, &c.
• * 1.146

  Le Subpoena ad testifican' superinde.
• * 1.147

  Si in Lond. vel Midd. tunc ut supra.
• * 1.148

  Intratio del discontinuans del plea in le Count per Quer'.
• * 1.149

  Irrotulatio Indentur' cognit. coram Capital Ju∣stic' extra Cur'.
• * 1.150

  Irrotulatio ejusdem cog. in Cur'.
• * 1.151

  Utlagaria sur' un' Indictm. placît in bar.
• * 1.152

  Replicatio de general' pardon al' utlagar' pla∣citat.
• * 1.153

  Intratio spe∣special' par∣don' placit' al utlagar.
• * 1.154

  Pardon o∣stens. Cur.
• * 1.155

  Abatement placitat' pur' variante en∣ter le brief de original' & le Count
• * 1.156

  pur ceo que quer' port son briefe prout un' Mil. & Bar' & Count' ut un' Armiger.
• * 1.157

  Utlagar' pla∣cit' in abate∣ment ad un' breve de exi∣gent alio modo.
• * 1.158

  Placit' in a∣batement quod quer' fuit covert Baron tem∣pore impe∣trationis bre∣vis originalis.
• * 1.159

  Simile pur misnomer in le degree del quer.
• * 1.160

  Excommu∣catio placit' in abatement del brief puis imparlance.
• * 1.161

  Placitum in abatement quod breve original' im∣petratur con∣tra formam Registri.
• * 1.162

  Abatement placit' pur ceo que fuer' deux execu∣tor per vo∣lunt' & brief de original' fuit port in le nosme de un' eor' tan∣tum.
• * 1.163

  Cap' in Wi∣thernam ubi sur' plur' breve de ho∣mine repleg' vic' retorn' Quer' esse e∣longat.
• * 1.164

  Le retorn' del plur' ho∣nine repleg.
• * 1.165

  Testat' cap' in Withern' sur' plur' bre∣ve de homine repleg' supra∣dict.
• * 1.166

  Le retorn' del plur ho∣mine repleg.
• * 1.167

  Le retorn' del Cap' in Wi∣thernam.
• * 1.168

  Supersed' al' utlagar re∣versat' quan∣do def. est in Custod. Marr.
• * 1.169

  Cap. in ap∣peal de Mort.
• * 1.170

  Intratio inde.
• * 1.171

  Cap' cum Proclamatio∣ne superinde in le foreign County ou le appellee no∣minatur in le brief de ori∣ginal pur Statut' de an' 8 H. 6. c. 10.
• * 1.172

  Exigi fac' superinde.
• * 1.173

  Cap' in ap∣peal de Rob∣bery.
• * 1.174

  Cap' in ap∣peal de Maihm.
• * 1.175

  Regula gene∣ralis.
• * 1.176

  Le Commis∣sion.
• * 1.177

  Note, As to the Filizer's Fees those Books and this Presentment do agree in most particu∣lars.
• * 1.178

  Clerks of the Crown Office.
• * 1.179

  The Protho∣notaries.
• * 1.180

  The Prothono∣taries Clerks.
• * 1.181

  The Keeper of the Bill of Middlesex Seal.
• * 1.182

  Secondary.
• * 1.183

  Judges.
• * 1.184

  Judges Clerks.
• * 1.185

  Counsellours.
• * 1.186

  Sergeants.
• * 1.187

  Clerks of the Papers.
• * 1.188

  Clerk of the Rules.
• * 1.189

  The Keeper of the Declara∣tions.
• * 1.190

  Secondaries Clerks.
• * 1.191

  Custos Bre∣vium.
• * 1.192

  Custos Bre∣vium his Clerks.
• * 1.193

  Marshal's Fees.
• * 1.194

  Marshal's Deputy,
• * 1.195

  Filizers.
• * 1.196

  Crier and Porter. As Crier.
• * 1.197

  As Porter.
• * 1.198

  As Crier.
• * 1.199

  As Porter.
• * 1.200

  Clerk of the Errours.
• * 1.201

  Clerk of the Fines.
• * 1.202

  Seal Office.
• * 1.203

  Trials at Bar.
• * 1.204

  Note the prudent care of that Court to inroll their Fees.