The filacers office, or, The measne processe filacers make out before appearance, the nature and forms of their several writs, and the manner of their proceedings thereupon.: Together with a table of their fees. Very usefull for all attorneys and practisers of the law, for the dispatch of their businesse in the filacers office. With an exact table, relating to all the matters herein contained.

Title

The filacers office, or, The measne processe filacers make out before appearance, the nature and forms of their several writs, and the manner of their proceedings thereupon.: Together with a table of their fees. Very usefull for all attorneys and practisers of the law, for the dispatch of their businesse in the filacers office. With an exact table, relating to all the matters herein contained.

Author

J. B.

Publication

London :: Printed for Tho. Firby, and are to be sold at his shop near Grayes-Inne-Gate in Holborn,

[1657]

Rights/Permissions

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Subject terms

Courts -- Officials and employees -- England

Criminal procedure -- England

Civil procedure -- England

Link to this Item

https://name.umdl.umich.edu/A76070.0001.001 content_copy

Cite this Item

"The filacers office, or, The measne processe filacers make out before appearance, the nature and forms of their several writs, and the manner of their proceedings thereupon.: Together with a table of their fees. Very usefull for all attorneys and practisers of the law, for the dispatch of their businesse in the filacers office. With an exact table, relating to all the matters herein contained." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A76070.0001.001. University of Michigan Library Digital Collections. Accessed May 20, 2024. content_copy

Contents

• title page
• TO THE READER.
• A TABLE.
• The FILACERS measne processe.
  • What the Filacers their Office is, and what are the processe they make out.
  • Of a Capias ad respondendum, and of the proceeding thereon.
  • Of a second Deliverance.
  • Of a Retorno habendo.
  • Of a Capias in Withernam.
  • Of the non Omittas.
  • Of a Partitione Facienda.
  • Of a Warrantia Chartae.
  • Of a Quare impedit.
  • Of Wast.
  • Of Inquiry of Damages.
  • Of a Scire facias, upon a special Bail in the Filacers Office.
  • Of a Supersedeas.
  • Of a VVrit of Dower, and of a Grand-cape and Petite-cape.
  • Of a Formedon.
  • Of a Habeas Corpus, Duces tecum Di∣stringas nuper Vic and Distr. Bal.
  • Of Rescous.
  • Of an Adjournement.
  • Of a Discontinuance.
  • Of special Bail.
  • Here followeth the new orders concer∣ning special Bail.
  • The new Orders concerning appear∣ances.
  • The Filacers Fees.
• THE FORMES OF THEIR SEVERAL WRITS, AND THE ENTRIES THEREOF.
  • A Capias in debte against one defen∣dant only.
  • The entry Thereof.
  • An alias Capias.
  • The entrie Thereof.
  • A plures Capias.
  • The entry thereof.
  • The entry of a Capias, al. Capias, and plures Capias all in one roll.
  • A Capias in trespass.
  • The entry thereof.
  • A Capias in Assault and Battery.
  • The entry thereof against severall defendants.
  • The entry against defendants in severall Sums.
  • Against an executour and another defendant.
  • Testat. Capias.
  • The entry thereof.
  • A Capias in Ejectment.
  • A Capias in an Action of trover.
  • A Capias upon the statute of Bankrupt where the Assignee sues one of the Bankrupts debtors.
  • The entry is as in another Capias.
  • A Pone in debt.
  • The entry thereof.
  • A Pone and Capias in one Writ.
  • The entry thereof.
  • An alias Capias and an alias distrin∣gas in one Writ.
  • The Entry thereof.
  • A pone after Essoigne.
  • The Entry thereof.
  • A distr. in Debt upon a pone.
  • The Entry thereof.
  • A Pone in a Recordure.
  • The Entry thereof.
  • A distr. after Esloine.
  • The Entry thereof.
  • Testatum, Summons in Debt.
  • The Entry thereof.
  • A Summon in severance.
  • The Entry thereof.
  • A Pone upon a Recordare.
  • The Entry thereof.
  • A Returno habendo.
  • The Entry thereof.
  • A. Second deliverance.
  • A Non omittas.
  • The Entry thereof.
  • A. Distrin. Balivum.
  • The Entry thereof.
  • A. Grand Cape in Dower upon the Summons.
  • The Entry thereof.
  • The Entry of an Alias Grand, Cape.
  • A Pone after an Essoin in Dower.
  • The Entry thereof.
  • A writ of view in Dower.
  • The Entry thereof.
  • A Languidus upon a Capias.
  • A habeas Corpus upon a Languidus.
  • The Entry thereof.
  • A Duces tecum upon the Entry.
  • The Entry of an alias non omittas.
  • The Entry of an distr. in debito.
  • A distr. and a Pone in one Writ.
  • The Entry of a Capias and latitat.
  • The Entry of a distr. and Pone in one Writ.
  • A Writ of view in a Formedon in Descender.
  • A Magnum Cape of a non Omitt. in a Writ of Dower.
  • The Entry thereof.
  • The Entry of an Amerciament against a Sheriffe, for not returning a Writ.
  • An Original in Dower.
  • The Sheriffs Return.
  • An alias Summons of a non omittas in Dower.
  • The Entry thereof.
  • A distr. nuper vic.
  • The Entry thereof.
  • A Writ of alias Summons, where the Sheriffe returneth that the Plaintiffe hath not found pledges to prosecute.
  • The Entry thereof.
  • The Entry of a Writ of Debt against two Executors, where they were Summon∣ed, the Sheriffe returns the one Essoin∣ed, and the other to have nothing, a Distr. against the one, and a Capias against the other.
  • An Entry in Debt, brought by one Exe∣cutor against another upon the Sum∣mons to prosecute together, the Sheriff returns to the Capias he is not found, upon which another Capias is brought. And hath a Summons on which he re∣turns a Tarde, &c. upon which is brought an Alias Summons.
  • In Debt against the one Executor upon the Summons to prosecute together, the Executor makes default upon which the other sueth alone.
  • Nonsuit in a Replevin, and the award∣ing of the Writ of second deli∣verance.
  • A Latitat. to the Chancellour of the County Pallatine of Chester, which was formerly used.
  • Habere facias seisinam, upon Recovery in a Writ of Dower by default.
  • The Entry of seisin in Dower upon a Grand-Cape, by default of the Tennant.
  • A return of a Grand-Cape.
  • A Writ to enquire of Wast.
  • The Entry of the Writ aforesaid.
  • A Writ of Petite Cape, which is brought after appearance.
  • The Entry thereof.
  • A Writ of Seisin upon a Petite Cape.
  • The Entry thereof.
  • A Writ of Withernam upon a Plur. Repleg.
  • The Entry thereof.
  • A Writ of Adjournement made by the Filicer.
  • The return of the Writ.
  • The Entry of a Non Process, in a Writ of second deliverance.
  • A Writ of Distr. against one, and a Distr. after Esloin against another, in a Quare impedit.
  • The Entry thereof.
  • A Pone after an Esloin, and a Distr. in one Writ, in a quare impedit.
  • The Entry thereof.
  • Distringas against a Bishop to cause the Clark to come.
  • The Entry thereof.
  • The Entry of a quid Juris clamat.
  • A Distr. in a Quid Juris clamat.
  • The Entry of the Writ aforesaid upon the Defendors, praying a Lilo.
  • The Entry of a Writ of Ravishment of Ward.
  • A distr. in a Writ of Ravishment of a Ward.
  • A Capias in Withernam upon an averia clongat. on a Writ of Re∣turno habendo.
  • The Entry thereof.
  • The Entry upon the return of a Nihil, on the Writ of Withernam.
  • A Writ of Capias upon a Writ of Withernam.
  • The Entry thereof.
  • A Latitat upon the Capias after the Writ of Withernam.
  • The Entry of the Capias in Withernam, where the Sheriffe returns a Rescue upon the same Writ.
  • A Distr. and a Duces Tecum in one Writ.
  • The Entry thereof.
  • A Writ of Petite Cape, in a Writ of Formedon.
  • The Entry thereof.
  • A Writ of Magnum Cape in a Cessa∣vit after Essoin.
  • The Entry thereof.
  • A Writ of Magnum Cape, in a Writ of Cessavit of a Formedon.
  • The Entry thereof.
  • A Writ of Plur. Magnum Cape in Dower.
  • The Entry thereof.
  • A Writ of Magnum Cape, and Non Omitt. in a Precipe in Capite.
  • The Entry thereof.
  • The Sheriffs return in a Mand. Balliv. Libt.
  • A Writ of Seisin in Dower.
  • Seisin by default in a Writ of Dower, up∣on which the Sheriffe returns, that the husband died in Fee-Tail, upon which is awarded a VVrit of inquiry of dam∣ages in one VVrit.
  • A Writ of Habere Facias seisinam in Dower by default, and of inquiry of the value of damages, and of the seisin of the husband in one Writ.
  • A Writ of Pone in Partition.
  • A Writ of Pone in Warrantia Chartae.
  • A Writ of Habeas Corpus.
  • The Entry thereof.
  • A Capias pro sine upon a Rescus.
  • The Entery thereof.
  • The Entry of a Retorn. Habend.
  • Habere facias seisinand.
  • The Entry thereof.
  • The Entry of a Summons in severance upon an Alias Capias.
  • The Entry of a Summons in severance upon a Plur. Cap.
  • A Distr. nuper vic. ad Habend. Cor∣pus, where the Sheriffe returns that he took the body, but had it not at the re∣turn of the Writ.
  • The Entry thereof.
  • A Distringas nuper vic.
  • The entry of a Distringas nuper vic.
  • A Distringas nuper, vic. aliter.
  • The entre of a Magnum Cape in Dower Ret. Crast. animarum, and per non mi sit, bre. Magnum Cape, ret. 8. Hil. and thereupon a nolle prosequi.
  • The Entry of a Capias alias, Cap. and Plures Capias, against one that was before the Plur. was returned, impri∣soned in the Fleet now before you can have the benefit of your Plures Cap. to outlaw him, &c. you must have a Habeas Corpus against him, and have the Cap. Al. and Plur. Cap. and Habeas Corp. entered ready to be produced in Court.
  • A Pone in a Quare impedit, at the Suit of the Lord Protector.
  • The Entry of the Writ aforesaid, upon which the Arch-Bishop was esloined, and the Clark had the same dayes, and afterward the Clark was esloigned, and the Arch-Bishop had the same dayes.
  • An Alias Summons in Dower.
  • The Entry thereof.
  • Or thus you may begin your Entry.
  • Or thus you may make your Writ.
  • The Entry of a Discontinuance.
  • A Pone in a Quare impedit.
  • A Summons and severance in Debt.
  • A Habeas Corpus to the Warden of the Fleet.
  • A Pone after an Esloign in a quare im∣pedit, Ret. 8. Mich. the Bishop esloigns at xv. Pasch. and adjourns unto quin∣que Pasch. and then Bland Esloigns and adjourns unto Crast. Trin.
  • The Entry thereof.
  • A Writ of view in a Formedon in De∣scender.
  • The Entry thereof.
  • The Entry of a Test. in Debt.
  • A Writ of Supersedeas. Lo: ss.
  • The Entry of a Habeas Corpus to the Chancelor of the County Pallatine of Lanc.
  • The Entry of an Alias Distringas, nuper vic. ad Habend. Corpus.
  • The form that was used in a Test to the Chancellour of the Court of Lancaster.
  • An Alias Summons in a Quare impedit, where the Sheriffe hath returned that the Original Writ was delivered to him too late.
  • The Entry thereof.
  • The Entry of a Summons in Severance.
  • The Entry of a Resort.
  • The Entry of a common Appearance.
  • The Entry of a special Bail.
  • A Writ of Scire Facias against the Bail.