A PERFECT AND EXACT DIRECTION TO ALL those that desire to know the true and just Fees of these Courts following, viz.
The Fees of all the Offices belonging to the Court of Common Pleas.
A Table of the Prothonotaries Fees.
The Fees of the Chancery, according to the Table in the Office.
The Ordinance of the Chancery, by Th. Lord Coventry late Lord Keeper of the great Seale of England.
LONDON, Printed by R. H. for N. Vavasour, and are to be sold at his Shop in the inner Temple. 1641.
A Table of the Offices.
- CUstos brevium. fol. 2
- The Prothonotaries Office. 3
- The secundaries of the Prothonotaries. 4
- Clarke of the warrants office. ibid.
- The Phillizers. 5
- The Exigenters office. ibid.
- The Chirographers office. 6
- The office of the Kings silver. ibid.
- The office of the Clark of the Treasurie. 7
- The Crier of the Court. 8
- The keeper of the Treasurie. 9
- Inrolling of Fines, Recoveries. ib.
- A review of a certificate, with an addition thereunto, and an answer to the Articles.
- The Chirographer. 10
- The Court keeper. 11
- The Cryers. ibid.
- The Porter. 12
- Associates of the Nisi prius at Guildhall. ibid.
- Clarke of the Errors. ibid.
- An answer to the last articles. 13
- [Page]The Oath administred. 16
- Custos brevium Fees. 18
- Fees for the Clarkes of the Custos brevium. 22
- Fees allowed to the Bagbearer by the Custos brevium. 23
- The Prothonotaries fees. 24
- Fees for [...]rits. 31
- The Prothonotaries Clarkes fees. 34
- Fees for the Clark of the inrollments. 36
- Chirographers fees. 37
- Chirographers Clarkes fees. 39
- Clarke of the Treasurie. 40
- For the keeping the Treasurie. ibid.
- Clarke of the Kings silver. 42
- Phillizers Fees. ibid.
- Exigenters Fees. 45
- Clarke of the Jurors. 48
- Clarke of the Essoines. 49
- Outlawrie Office. 50
- Fees or the Seale. 52
- Fees for the Marshall. ibid.
- Criers Fees. 54
- Fees for the keeper of the Court. 55
- Fees of the Clarke of the inrolments. ib.
- Fees for the Porter of the Court. 56
- Alienation Office. 57
- Fees taken by the Master of the Chancery 57
- Fees taken for the Compositions. 58
- Ʋnder Sherife of Middlesex. 60
- Warden of the Fleet. 61
- The Jurors presentment. 66
- [Page]Judges Fees. 68
- Serjeants Fees. 70
- Custos brevium Fees. 71
- Prothonotaries Office. 73
- Secundaries Fees. 74
- Clark of the Warrants office. ibid.
- In the Phillizers office. 75
- In the Exigenters office. 76
- In the Chirographers office. ibid.
- In the office of the Kings silver. 77
- In the office of the Clark of the Treasurie. 78
- The Criers Fees. 80
- In the office of the keeper of the Treasurie. 81
- In the Outlawrie office. 82
- The Proclamators Fees. 83
- Clarke of the Juries. ibid.
- The Clarke of the Essoines. 84
- The Court keeper. ibid.
- The Porters Fees. 85
- The Clark of the Errors Fees. 86
- The Clark of the Inrolment Fees. 87
- The Attornies Fees. 88
- The Lo: chiefe Iustice his Fees. 90
- Fees belonging to the Judges which doe the businesse. 91
- Divident Fees. 93
- Puisne Judges Fees. 94
- Fees due to the Lord chiefe Justice his Clarks. 96
- Lord chiefe Justice his Fees. 99
- The Fees due to such Iudges which doe [Page] the businesse. 10 [...]
- Divident Fees. 103
- Puisne Iudges Fees. ibid.
- A Table of the due fees of the Prothonotaries. 109
- Fees belonging to the Chancery. 127
- Ordinances in the Chancery. 134
ACcording to your honours direction, having (since the time of your Lordships pleasure made knowne unto us) received from your Lordships, divers Bills, and Notes of the Fees claimed by severall Officers in the right of their Offices, in his highnesse Court of Common pleas at Westminster, and thereby, and by Oath to bee administred unto us, concerning your honours pleasures and intendments to be performed, whether all the Fees and Summes of money set downe and claimed respectively in the said Bills and Notes, have been paid since the thirtieth yeare of the late Queene Elizabeth, or which, or how many thereof, or what other have been advanced, encreased, or taken since the said thirtieth yeare, in the said Offices, in the said Court of Common Pleas.
Upon perusall of the said Bills and Notes, and consideration of the Fees now claimed, and [Page 2] taken upon our severall knowledges, and upon credible report, we finde some for to be advanced, encreased, raised, and taken since the said thirtieth yeare. And therefore in all humblenesse, We have briefly set downe under the title of every Office, such as we at this present respectively know to have been so advanced, encreased, raised, and taken with some grounds and reasons of the advancing, encreasing, raising, and taking thereof, delivered by them, to their severall Notes of Fees annexed.
In the Office of Custos Brevium.
THere is, and hath been taken by the Clarks there, more than heretofore was taken and claimed by them upon Fines, upon the retourne of Writs of Covenant under colour of Deputations from the Sheriffes, and now is claimed by them for keeping the parts of the Fine. xii. d.
Also for filing every Writ after two Termes, for every Terme after, xx. d. Whereas the said Fee of xx. d. was accepted for filing of any Writ at any time within the yeare.
Also there is taken by the said Clarkes, for filing of [...] Writs of Entrie, Summons, and Seisin upon common Recoveries, xii. d. whereas [...]ormerly iiii. d. was taken as their Master [...] Fee for a post diem.
In the Prothonotaries Office.
THere hath beene taken for the most part of seven yeares past, upon every judgement in personall, and mixt Actions, over and above the ii. s. in the Bill of their Fees mentioned, and more than was formerly paid, xii. d. being for assessing of Costs for the Judges as is affirmed.
Also there hath been taken by the space of foure yeares last past, or thereabouts, xviii. d. upon every Writ of Entrie, Summons, and Seisin upon common Recoveries, which was not formerly paid.
There hath been also taken by the space of twelve or fourteene yeares last past, by them iiii. s. upon the reversall of every Outlawrie, not formerly taken.
They have also received and taken for divers yeares last past, the summe of ix. s. iiii. d. upon every prohibition granted in Court, but whether the same bee a due, and ancient Fee, we doe not certainly know: All which Fees so taken (as we conceive) are upon the reasons expressed in a Note, which we have annexed to their Bill of Fees.
The Secondaries of the said Prothonotaries.
THere hath been taken by the space of ten yeares last past, or thereabouts, xii. d. upon every common Recovery drawne at the Bar, more than formerly hath been taken, which the Secondaries affirme to have beene taken in respect the Demaundants in such Recoveries have not appeared at the Bar in person.
Clarke of the Warrants Office.
THere is taken upon every Fine more than formerly iiii. d. for a Warrant of Attourney, and charged out of the Attournies Fee by order of the Judges made 14. Iac. Reg. certified by this Officer to his Lordship.
There was also taken by the Deputy of this Officer for the space of three or foure yeares, and untill within one yeare last past, upon every Fine xviii. d. which was not formerly paid to that Officer, being so taken (as is pretended) for the retourne of the Writ of [Page 5] Covenant, and hath since been taken by Master Thomas Iackman, Clarke of the Inrollments of Fines and Recoveries, upon the reasons annexed to the Bill of Fees of the Clarke of the Warrants.
In the Phillizers.
THere is taken iiii. d. upon every Cap. and viii. d. upon every appearance of the Defendant, more then was taken before 14. Iac. Reg. which is taken by vertue of an Order made upon the reasons expressed in the same Order to their Bill of Fees annexed.
In the Exigenters Office.
THere hath been taken ever since 31. Eliz. upon every Exigent more than was formerly taken 1. d. which was so taken in respect of the length of the Proclamation.
And there hath beene also taken by the space of three yeares past, i. d. more upon every Exigent, upon such reasons as are offered to your Lordships considerations, in their Certificate of Fees.
In the Chirographers Office.
THere is taken by the Clarkes of the said Office for writing the Chirograph of every Fine ii. s. vi. d. which since 30. Eliz. was but xvi. d. which summe of ii. s. vi. d. upon reasons shewed to divers ancient Attournies by the Clarkes of the said Office about seventeene yeares since, was assented unto by the said Attournies, bee the Fine long, or short.
In the Office of the Kings silver.
THere is encreased, and taken by the space of thirteene yeares last past, or thereabouts iiii. d. upon every Fine by Order made in 8. Iac. Reg. annexed to their Bill of Fees.
Also there hath been taken and encreased iiii. d. lately, within five yeares since the time last above mentioned for every severall Cap. of a Fine, having more Cap. than one, which was not formerly taken.
Also for the time of thirteene yeares last past, there hath been taken for every [Page 7] Fine by speciall Commission, iiii. d. which is an encreased Fee.
Also there hath beene taken since 8. Iac. Reg vi. d. for every Fine brought into the Office after the end of every Terme, not formerly taken.
Also there hath been taken the summ of viii. d. upon every Fine in the Westerne Circuits, more than upon Fines in other Counties, which grew to bee taken about 34. Eliz. by colour of deputations from the Sheriffes of the Westerne Circuits upon the reasons annexed to his Bill of Fees, most of which said Fees were raised, and encreased in the time when Rich. Chambers, Was that Officer.
In the Office of the Clarke of the Treasury.
THere is of late taken iiii. s. for the search of every Terme after ten yeares, the olde and ancient Fee being but iii. s. iiii. d.
There is claimed iii. s. for turning the key of the Treasury after the Terme, whereas there is but xii. d. due.
Also there is claimed by his said Bill iiii. d. for search of a Record under ten yeares untill three yeares, no such Fee being due.
The Cryers of the Court.
THere is taken by them ii. s. the Fee being but xii. d. for calling every Jury at the Bar, when they fill not.
Also they take xvi. s. for keeping every Jury during the sitting of the Court, and xxx. s. for keeping them all night, The ancient Fee for the first (as wee understand) being but iiii. s. and the other viii. s. and no more.
Also there is taken by them for swearing an Attourney in Court ii. s. more than their ancient Fee, (being iiii. s.) as we are credibly informed.
Also they take upon every Baile taken in Court xii. d. there being no Fee due, that we know, or have heard of.
Also they take iiii. s. upon every Nisi prius before my Lord chiefe Justice of the common Pleas at Westminster, there being no such Fee due to our knowledge.
Also they demand iiii. s. iiii. d. upon every Wager in Law, there being but ii. s. due, as we have heard.
In the Office of the Keeper of the Treasury.
THere is claimed in his Bill for a Search after three yeares, untill ten yeares iiii. d. there being no such Fee due.
Also for a Roll carried into the Court, vi. d. there being no such Fee to our knowledge, other than for carrying a Roll of the precedent Terme.
Also for every Jury at the Barre ii. s. vi. d. there being only xii. d. due, and formerly paid, as we have heard.
Also for every Nisi prius tryed in Middlesex ii. s. vi. d. there being but xii. d. due.
Also for a copy of a Precipe xviii. d. there being none ever heard of.
Also for the acknowledging of a Fine iiii. d. there being nothing due.
Also for the key xviii. d. xii. d. being due, and no more.
In the Office of Inrolling, and Exemplifying of Fines and Recoveries.
THe Fees challenged by this Officer (as we conceive) doe differ from the Fees limited by the Sta. 23. Eliz. unto which Stat. we refer our selves.
The Chirographer.
A review of our former Certificate, with an addition thereto, and an answer to the Articles lately delivered unto us by your Lordships.
THere is taken by the Clarke of the said Office, for writing of the Chirograph of every Fine, ii. s. vi. d. for which since 30. Eliz. was only paid xii. d. but about Anno 4. Iac. Reg. they did procure the consent of divers ancient Attournies in writing under their hands, for the increase thereof, to make the xii. d. ii. s. vi. d. be the Chirograph [Page 11] long or short, upon promise never to demand any more, yet since they exact, and take more according to the length.
The Court-keeper.
VVHereas this Officer requireth ix. s. vi. d. for a Wager of Law, his due being only xxii. d. the rest is to be divided amongst the Cryers, Wagermen, and other Officers.
The Cryers.
VVHereas it hath been formerly certified that ii. s. is due to these Officers for a Wager of Law, upon better consideration wee finde iiii. s. is due unto them out of the ix. s. vi. d.
The Porter.
HEE taketh ii. s. vi. d. for every triall at the Barre, his Fee being but xii. d. and for a Nisi prius xii. d. his due being but vi. d.
The Associats of the Nisi prius at Guildhall.
THis Officer taketh xii. d. for retourne of the Plaintifes Postea, and ii. s. for retourne of the Desendants Postea, and for the Defendants Verdict ii. s. which are new encreased Fees since 30. Eliz.
The Clarke of the Errors.
THis Officer taketh for a Supersid. de non molestando iii. s. there being but ii. s. anciently due, and ii. s. for making the Record.
He taketh also ii. s. iiii. d. for a Nonsuite in a Writ of Error, being not due, nor paid since 30. Eliz.
An answer to the last Articles.
THE Prothonotaries take by the Sheete, and not by the Roll, all the time of our remembrance, every sheete containing twelve lines, and every line ten words, according as they have certified in their note of Fees.
They take for the certifying the first cause vi. s. and for every other cause ii. s. and so have anciently done.
The chiefe Justice his Fee for allowance of a Writ of Error was but xvii. s. vi. d. being upon meane Proces and single judgement, and if it exceed to Ex. post. Cap. and Scire fac. xxxv. s. and for the Supersid. ii. s. and no more, and now is taken for allowance upon meane Proces xx. s. and for a Supersid. iiii. s.
The ancient Fee of a Cap. Vtlegat. speciall, is ii. s. iiii. d. and a generall Writ x. d. if more be taken, it is to the writer of the Writ for expedition given by the Attourney as a gratuity.
We doe not know of any Fees taken by Bills of Parcels, and at Etiam, more than hath been formerly taken Anno 30. Eliz.
[Page 14]The Judges take only iiii. s. for signing of a Writ of priviledge, which Fee is, and hath been ancient for any thing we know, and the like for signing of a Procedendo.
The ancient Fee for reversing of an Outlawry in a Judges Chamber wee know not, but there hath been taken for the Judge ix. s. viii. d. and xii. d. to his man, and being reversed in Court, iiii. s. as is formerly certified.
There is now paid to the Judges horsekeeper for triall of every cause at Guildhall xii. d. and upon triall at the Barre ii. s. to each of the Judges footcloath-keeper, and in many Circuits upon every triall, for keeping the Juries ii. s. for every Jury, there being only due xii. d. which was formerly allowed and paid to the Sheriffes Bailiffes for keeping of the Juries.
Also there hath been taken in some Circuits upon triall of every Nisiprius, wherein a private verdict hath beene given (as Fees for the same verdict) to the Judges Marshall for all manner of Fees to all Officers xv. s. viii. d. but now of late the Judges servants and officers in some Circuits doe demand, and take x. s. more, not anciently taken.
The ancient Fee in a Prohibition, was ix. s. iiii. d. for every witnesse produced to prove a suggestion out of [Page 15] Court, and in Court. iiii. s.
It is answered in the former Certificate, the ancient Fee for swearing an Attourney in Court, was ii. s. to the Boxe, and now xx. s. is taken.
Every Attourney paies Tear [...]ely, of ought to pay iiii. d. to the Clarke of the Warrants, who is appointed to pay the same to the Judges, and is by them distributed to the poore, as is affirmed.
There hath been, and is taken for the Boxe upon every satisfaction for a Judgement being under 100. li. vi. d. if 100. l. xii. d. and for every 100. li. so [...]ateably, and the like for a confession, and vi. d. upon a Baile, and every common Recovery.
- Hen: Plombe.
- Sy: Wiseman.
- Anth: Langston.
- Geo: Needler.
- Will: Brag.
- Ioh: Nichols.
- Geo: Cooe.
- Will: Carefield.
- Peter-Bird.
- Tho: Agar.
The Oath administred touching the Court of Common Pleas to the inquest of Attournies in Feb. 1627.
YOu shall well and truly according to your knowledge, give true information to his Majesties Commissioners for inquiry after exacted Fees, and innovated Offices, what Offices and places were usually held, kept, and executed in the tenth yeare of the raigne of the late Queene Eliz. or at any time since in the Court of Common Pleas.
You shall well and truly, according to your knowledge, give true information, what offices and places have been since the eleventh yeare of the said late Queene, invented, innovated, designed, ordained, or erected by Judges, Justices, or other chiefe Officers in the same Court, and not granted, or mentioned to be granted by Letters Patents under the great Seale of England.
And what Rewards, Fees, Summe, and Summes of money were in the said eleventh yeare of the said late Queene Eliz. or at any time since, [Page 17] usually, or accustomably taken, received, or had by the Judges, Counsellors, Practisers, or Officers, or their Deputies, or other Ministers, Clarkes, Registers, or Attournies in the same Court.
And what Rewards, Fees, and Summes of money under colour, or by name of Fees, Rewards, Gratuities, Clarkes paines, post Term. post diems, Expedition, or the like, have since the said eleventh yeare of the said late Queene Eliz. been set, imposed, raised, advanced, encreased, incroached, or taken into the said Court, and of the particularities, grounds, or reasons thereof, with all other incidents, and circumstances touching the promisses.
And whether have you any Rolls, Warrants, Records, Orders, Tables, Bookes, Entries, or other Notes, or Writings in your custody, whereby the truth in the premisses may be the better found out, and discovered.
Or doe you know where any such Rolls, Warrants, Records, Tables, Orders, Bookes, Entries, of other Notes are, or have been, or with whom they now remaine, So help you God.
The Custos Brevium his Fees.
These Fees following, are the Fees which are taken by Sir Thomas Spencer, Custos Brevium of his Maiesties Court of Common Pleas, and his Clarkes in right of his said Office, and as they were taken 11. Eliz. by the then Master of the said Office, and his Clarkes.
INprimis, for filing any Writ, or other Record, comming after the day of the retourne thereof, except Writs of priuiledge de veneundo, & redeundo, and also Writs of priviledge called propr. or post diems. iiii. d.
Item, For filing any Writ, or other Record (except before excepted) comming after the Terme wherein it was retournable, called a post diem Term. xx. d.
[Page 19] Item, For filing any Writ, or other Record comming after two Termes, called post Termin. for every Terme after xx. d. a piece, except Exigents, and Outlawries, which pay but only xx. d. a post Termin. be they never so long, after quia pro Dom. Rege, xx. d.
Item, For the search of any Writ, or other Record, being under five yeares, for every retourne v. d. except such Writs as where the whole Terme is used to be filed together, which pay only v. d. a Terme, out of which they allow to the Bag-bearerv. d.
Item, For the search of any Writ, or other Record of five yeares antiquity, and under ten yeares called a Temple search, for the first retourne ii. s. ix. d. and for every retourne after v. d. except such Writs, as where the whole Terme is used to be filed together, which pay likewise for the first Terme, ii. s. ix. d. and for every Terme after v. d. out of which Temple search there is allowed to the Clarke iiii. d. and to the Bag-bearer v. d.ii. s. ix. d.
Item, for the search of any Writ, or other Record of ten yeares antiquity and upwards, called a Westm. search for the first Terme ix. s. ix. d. and for every Terme after v. d. except such Writs as where the whole Terme is used to be filed together, which pay [Page 20] only v. d. a Terme, out of which West. search there is allowed to the Clarkes i. s. i. d. and to the Bag-bearerix. s. ix. d.
Item, For the allowance of every Writ of Certiorari, directed to the Custos Brevium, xiiii. s. ix. d. whereof is allowed to the Clarke ii. s. viii. d. and for certifying thereof, Secundum longitudinem, and according to reason,xiiii. s. ix. d.
Item, For the allowance of every Exemplification made out of the Office of any Writ, or Writs, or other Record, v. s. iiii. d. and to the Clarke for writing and examining thereof Secundum longitudinem, and according to reason,v. s. iv. d
Item, For the carrying of any Writ, or other Record to the Court for a reversall, or any other occasion ii. s. ix. d. whereof allowed to the Clarkes iiii. d. and to the Bag-bearer,ii. s. ix. [...]
Item, For filing any common Recovery, Writ, super disseisinam in le post, xii. d. whereof allowed to the Clarkes, viii. d. for entring the same into a book for that purpose,xii. d
Item, For entring a Fine with the Custos Brevium, by vertue of the Stat. 5. H. 4. cap. 14. in which Stat. that is called the accustomed old Fee,xxii. d
Item, To the Clarke of the same Office (ab antiquo) who enters the same,ii. d.
[Page 21] Item, Upon the making of the Stat. 4. H. 7. cap. 24. the Custos Brevium was allowed by the Court for carrying, and recarrying of every Fine levied according to that Stat. Westmin. to the Chirographer to proclaime foure Termes,viii. d.
Item, For keeping three parts of the Record of every Fine consisting of five parts, iiii. d. a piece,xii. d.
In tot. for every Fine iii. s. viii. d. whereof the Master hath ii. s. vi. d. and xiiii. d. is allowed to the Clarkes,iii. s. viii. d.
Item, For the amendment of every Writ, or other Record per Warrant. Cur. xx. d.
Item, For every Non est factum pleaded in Court,ii. s.
Item, For every Sheriffes bundle of Writs retournable of the precedent Terme, and comming before Essoine day of the second retourne of the new Terme.viii. d.
The usuall Fees allowed by the Custos Brevium to the Clarkes of his Office.
INprimis, For every Temple search,iiii. d. ii. s. i. d. Item, Out of every Westm. search, Item, To the Clarkes out of the allowance of every Certiorari ii. s. viii. d. and for certifying the same, secundum longitudinem, and according to reason,ii. s. viii. d
Item, To the Clarke for writing and examining of every Exemplification, secundum longitudinem.
Item, To the Clarke for any Writ, or other Record carried into the Court.iiii. d
Item, For entring a common Recovery Writ super disseisinam in le post, viii. d.
Item, For every Fine passing in the Office,xiiii. d
Item, For entring into a Booke every Recipiatur comming under a Judges hand, or by order of Court,xii. d.
Item, For every note of Jurors names for the Clarke of the Juries to make further Proces by,iiii. d.
Item, For every note of an Exigent for the Clarke of the Outlawries to make further Proces by,viii. d.
[Page 23] Item, For the search of any Booke of Entries, of any Writs for every Terme,viii. d.
Item, For the copie of any Writ, or other Record for every Sheete.viii. d.
Alex: Thurley.
The usuall Fees allowed by the Custos Brevium, to the Bag-bearer of the Office, being alwaies the common Vouchee of the Court.
INprimis, For every search under five yeares,i. d. v. d. xii. d.
Item, For every Temple search,
For every Westm. search,
For any Writ, or other Record carried into the Court,v. d.
For every common Recovery suffered in Court (being the common Vouchee) iiii. d. a piece,iiii. d. vi. d.
For every Attorney sworn in Court,
The Prothonotaries Fees.
These Fees are due, and belonging to the three Prothonotaries of the common Pleas.
INprimis, For entring every common Declaration, common Plea in Barre, wherein no [...] Freehold is pleaded, common Replication, and common Rejoynder in actions personall,xii. d
For entring of every speciall Declaration, speciall Plea in Barre, or abatement of Freehold, Replication, or Rejoynder, and Pleas subsequent in actions personall not exceeding three sheetes, every sheete containing twelve lines, and every line ten words at the least,ii. s. xii. d
And for every sheete exceeding,
For every Declaration in actions upon the Case Ejectione firme, Annuity, Accompt, Covenant, Conspiracy, Deceip [...], Partition, Pleg. Acquietand. [Page 25] Debt upon Stat. Plaint in As [...]ize, and the like speciall actions, and in all reall, mixt and popular, if the Declaration or Plaint exceed not three sheets,ii. s. xii. d
And for every sheete exceeding,
For the entrie of every Barre Replication, Rejoynder, and Pleas subsequent in every of the actions last above mentioned, and in the like actions not exceeding three sheetes,ii. s. xii. d.
And for every sheete exceeding,
For the entrie of every Obligation, Indenture, Record, retourne of Certificate, or the like entred in haec verba not exceeding three sheetes,ii. s. xii. d.
For every sheete more,
For recording of every apparance by the Court,ii. s. iv. d
For the entrie of every Recognizance without condition, challenge to the Sheriffes, or Coroners, or to the Array, or other speciall averments,ii. s.
For the entrie of every Recognizance with the condition,iiii. s.
For every judgement in debt detinue, and trespasse without a Tales, ii. s.
For the entrie of every Adjournement,iiii. d.
For every judgement, with a Tales besides the Fee abovesaid,ii. s.
For every Remanet and judgement for Costs given to the Defendant by the Stat. besides the Fee abovesaid,ii. s.
[Page 26]For every judgement in all other actions, as well personall as mixt Prohibitions, and the like,iiii. s.
For every satisfaction Recordatur, Discontinuance, Retraxit, Relinquishment, Nolle prosocuti, or the like in personall actions,ii. s. iii. s.
And in reall actions,
For the entrie of a single Recovery, and the Writ of seisin thereupon,x. s. vi. d iiii. s.
For every Voucher more,
For the entrie of every Mittimus, or Dedimus potestatem for a common Recovery,vi. s.
For the entrie of a Summons at Bar for a common Recovery, and a Writ of Summons, ad warrantizand. iv. s. vi. d
For the entrie of a Certiorari, to certifie a Warrant of Attourney for the Tenant, or Vouchee,iiii. s. vi. s.
And if for both,
For every common Voucher sent to the common Pleas to summon the Vouchee, if the Record be not above three sheetes,ii. s. xii. d.
And for every sheete more,
The like Fees are paid when the Record is to be remitted after the Voucher determined,ii. s.
For the entrie of every speciall Verdict, whereupon a Cur. advisare vult is entred, being not above three sheets,ii. s. xii. d.
For every sheete more,
[Page 27]For the entrie of every generall Verdict, with a Cur. adv [...]sare vult, without a Tales, ii. s. iiii. s.
And with a Tales,
For the entrie of every Remittimus of debt and damages,xii. d.
For the entrie of every Information upon a penall Law, not exceeding three sheetes,ii. s. xii. d.
And for every sheete exceeding,
For the entrie of every surmise for a Prohibition to be granted, not exceeding three sheetes,ii. s. xii. d.
For every sheete more,
For entring of every Audita querela, not exceeding three sheetes,ii. s. xii. d.
For every sheete more,
For the entrie of every Oath of every witnesse to prove the surmise in a Prohibition, or Audita quer. brought by an Infant, and the entrie of the proofes de morte, &c. vita viri in dower, and the like actions and suits,ii. s.
For releasing of any default in any reall action,ii. s.
For damages cleere in any action where damage is given, if the damage given amount unto five markes, or above ii. s. in the pound,ii. s. o
If under five markes,
For examining any Record of Nisi prius, xii. d.
[Page 28]For making the Record for triall of any issue in any of the Counties Palatine, for the first three sheetes,ii. s. iiii. d.
For every sheete more,
For the exemplification of every Record, not exceeding sixe sheetes,v. s. xii. d.
For every sheete exceeding,
For the entrie of Seisin in dower, and dying seised, if the retourne of the seisin exceed not three sheetes,iiii. s. xii. d.
For every sheete exceeding,
For entring the default upon trespasse in waste, Quare impedit, if the Count, or title doe not exceed three sheetes,vi. s. xii. d.
For every sheete more,
For the entrie of a Quo warranto, not exceeding three sheetes,ii. [...]. xii. d.
For every sheete exceeding,
For the entrie of every Plea thereupon according to the same rate,xii. d.
For the entrie of every Plea in contempt, pleaded before Auditors, if it be not above three sheetes,ii. s. xii. d.
For every sheete more,
For the entrie of every Summons, severances and aide de prior, ii. s.
For admission of an Infant to his Guardian, or Procheine Amie, ii. s. iiii. [...]
And if by Commission,
For entring the Writs of Exemp. de non. ponend. in Iurat. & Paten. de libertatibus allocandis & protectionibus, [Page 29] Cognizance of Pleas, and the like, according to the rates aforesaid, if it exceed not three sheetes,ii. s. xii. d.
For every sheete exceeding,
For the entrie of a Defendants discharge upon a cap. pro fine, or contempt,ii. s.
For the like upon a rescous retourned and admitted to his Fine,iiii. s.
For traversing the rescous and issue thereon,vi. s.
For entring of the allowance of every generall and speciall Pardon of Outlawrie before judgement, and after,v. s. iv. d
For entring of a Dies dat, in debt detinue, and trespasse,xii. d. ii. s.
And in all other actions,
For entring of a receipt of a Feme covert, Tenant in taile, Leassec for yeares, or the like,ii. s.
For entring of a Plea, if it exceed not three sheetes,ii. s. xii. d.
For every sheete exceeding,
And if the receipt be by Writ, then more for entring the Writ,ii. s.
For the entring of an Assize delivered in Court of the common Pleas, by the Justices of the Assize, to be inrolled for every sheete,xii. d.
And if the Assize come into the Court by [...]ertiorari, then more for entring the same,ii. [...]
[Page 30]For entring of every Abridgement of the Demaund. in dower, waste, and the like,ii. s.
For the entrie of every Pone to remove a Plea by Writ out of the County Court there holden by Justices, and for retourne of the Pone, iiii. s.
For the entring of any Record sent into the Court by Mittimus, or otherwise, and for entring of every Rege inconsulto, or the like, if it exceed not three sheetes,ii. s. xii. d.
For every sheete exceeding,
For the entring of every Certiorari of Bastardy, certified by the Bishop, the awarding of the Writ, and judgement thereupon,vi. s.
For entrie of the Licence of the Court to purchase a new Writ by journies of accompt,
For entring of every Originall Writ delivered of Record in reall and mixt actions,ii. s.
Fees for Writs.
FOr every Writ of Prohibition, or Consulation, not exceeding foure sheetes,ii. s. iiii. d.
For every sheete exceeding,
For every Withernam, Return. Habend. after appearance, second deliverance, Writ of priviledge, Habeas corpus, Procedendo, Certiorari, Summons, and resummons pet. cap. ven. fac. Scirfac. Elegit, Extent. Supersid. Subpen. Writ to the Bishop, Attachment, Distring. Iur. Habeas corp. & distring. in Ass. & Attinct. and the like, haberi fac. seisin. haberi fac. poss. Writ of View, Mittimus, Indempnitat. nominis, and every other speciall Writ,ii. s.
For the entring of every such other Writ which requires an entring, not exceeding three sheetes,ii. s. xii. d.
For every sheete more,
For every Testat. scir. fac. & Testat. fieri fac. distring. ad deliberand. and Writs to inquire of damages of Trespasse, and Replevin,xii. d.
For Writs to enquire of damages in Covenant, Ejectment, Actions upon the Case, and the like,ii. s. vi. d.
For every Cap. pro fine,
[Page 32]For the Exigent of a Cap. pro fine. x. d.
For entring the retourne in every Writ in the Prothonotaries Roll, other then the retourne, Non est invent. and upon the Scire fac. nulla hab. bona, whereupon any further processe is awarded, not exceeding foure sheetes,ii. s. xii. d.
For every sheete more,
For the entring of every Writ of priviledge, or Habeas corpus, with the baile for one cause,vi. s. ii. s.
For every cause more,
For the entrie of every Mittimus die & causa, ii. s.
For every reversall upon an Outlawry, for default of Proclamation, with one name, and the baile upon a Nolle prosecuti, v. s. iv. d ii. s.
For every name more,
For every reversall, for every insufficient Exigent, or retourne for one name,8. s. iv. d ii. [...].
For every name more,
The Fees abovesaid, are the Fees which were usually and accustomably taken in my Office of chief Prothonotarie of the Court of common Pleas at Westminster, in Ann. 32, & 33. Eliz. nup. Reg. Angl. in which yeare I was admitted to the said Office, and as I verily thinke, the ancient Fees of the Court.
IN Anno xvi, Iac. Reg. I came to my Office of second Prothonotary of the said Court of common Pleas, and the Fees before mentioned were the Fees which usually and accustomably then were taken, and I doe verily thinke them to be the ancient Fees of the Court, belonging to my Office.
THe Fees before recited, are the Fees which were usually and accustomably taken in my said Office of third Prothonotary of the said Court, in Anno 3. Car. Reg. in which instant yeare I was admitted to the said Office, and I verily thinke they are the ancient Fees of the said Court.
The Prothonotaries Clarks Fees.
INprimis, For the copies of common Declarations and Pleas, for every sheete written as aforesaid,iiii. d.
For every sheete in reall and mixt Actions, and actions upon any Statute, and the like,viii. d.
For drawing every speciall Declaration and Plea, for every sheete,viii. d.
For every continuance every Terme, of every Issue, Writ, Impurlance, Demurrer, speciall Verdict, or Adjournment,iiii. d.
For exemplifying of every Recovery, with a double Voucher,vi. s. xii. d.
For every Voucher more,
For exemplifying of any Record, not exceeding eight sheetes,v. s. vi. d.
For every sheete more,
For drawing every extraordinary long Writ, after the rate for every sheete of,viii. d.
For the entrie thereof, if it shall so require, for every sheete,iiii. d.
For the copie of a judgement, for every sheete,viii. d.
For the entrie of every Writ, and retourne thereof into the Prothonotaries [Page 35] remembrance, for the drawing up of a judgement, if it exceed not three sheetes,vi. d. iiii. d.
For every sheete above,
For entring every common Rule in the Bill of Pleas, or common remembrance,iiii. d.
For entring and ingrossing of every Summons for a Recovery, and for making of the Writ of Summons,ii. s.
For the entrie of every Mittimus, or Dedimus potestatem, for a Recovery,ii. s. vi. d
For ingrossing of every Nisi prius, after the rate of iiii. d. for every sheete,iiii. d.
For entring every Testat. Fieri fac. & Scire fac. iiii. d.
The Fees of the Clarke of the Inrollments, Warrants, and Estreats in the common Pleas, as are now, and have been taken these two and thirty yeares, and as I conceive were taken ever since 31. Eliz. saving the Fee hereafter mentioned, allowed per ordin. Cur.
EVery Inrollment containing a side of a Roll,v. s, x. s.
Of a full Roll,
And so according to that rate,
Every Warrant of Attourney in deb. transg. & deten. iiii. d. xii. d.
The Sheriffes Warrants,
Every other Warrant, called double Warrants,viii. d. iiii. d.
For a post Termin.
The Lord Maior of London his Warrant,v. s. 8. d.
[Page 37]The Secondaries of the Compters in Easter Terme yearely,13. s. 4. d
For entring of an Attournies name in the Roll of Attournies, upon his first admittance,iii. s. 4. d
For a Warrant upon a Writ of Covenant, per ordin. Cur. iiii. d.
Paid to the Clarke by every Attourney iiii. d. a Terme, called the Roll groat, which is paid to the Judges Box, and I conceive it to be due ever since 11. Eliz. iiii. d.
Paid also to the Clarke by the Prothonotaries xii. d. upon every Recovery, which is also paid to the Judges,xii. d.
To the Clarke when an Attourney is first sworne,xii. d.
The Chirographers Fees.
INprimis, The ancient Fee limitted by Stat. 11. Eliz. for every Fine,iiii. s.
Item, From 4. H. 7. for the service in proclaiming Fines,viii. d.
Item, By Stat. 23. Eliz. for writing the Roll,iiii. d.
So the Chirographers Fee for every Fine is,v. s.
Other Fees also due, and anciently paid to the Chirographer, videlicet,
FOr exemplifying a Fine the Term in which it was ingrossed,ii. s. 8. d.
For every sheete of every Fine, of twelve lines copied out of the Record,xii. d.
For the sight of every Record being ancient, from H. 8. upwards,iii. s. 4. d
For the search of every Fine from H. 8. to this present, for every yeare,viii. d.
For the search of every Fine during the raigne of H. 8. for every yeare,xii. d.
For certifying of every Record by a Writ of Error,xii. s.
For a Quid juris clamat, quae reddat, reddit, & per quae servic. vi. s. v. s
For entring a claime upon a Record,
For allowing of Proclamations upon Fines brought into the Office after the Terme ended,vi. d. xiiii. d
For the post Termin▪ of a Fine,
The Chirographers Clarkes Fees for ingrossing of Fines by the Attornies which sue them out.
THe Chirographers Clarks have received an allowance of the Attournies for their paines for them, which heretofore have been more advantagious unto them than now it is, being reduced to ii. s. vi. d. in certaine, had and made at the request of 100. or 80. of the most ancient Attournies, with Iohn Brewer Esquire, Clarke of the said Office, in 2. or 3. of King Iames: To which agreement had and made in writing, the said Attournies set to their hands, and the same was delivered to Sir Edw: Cooke Knight, then chiefe Justice of the common Pleas, and hath so continued ever since,ii. s. vi. d
For this allowance the Clarkes doe write more than all the Officers through which Fines doe paste, viz. They write every Fine long or short, foure times over in a great set hand.
Fees belonging to the Clarke of the Treasurie.
FOr the copie of every issue, and impur [...]ance for every sheete,iiii. d.
For every Judgement, Deed enrolled, and reall Action, for every sheete,viii. d.
For the search of every Terme above ten yeares,iv. d.
For every Exemplification not exceeding three sheetes,vii. s. xii. d.
For every sheete more,
For every Record of Nisi prius not exceeding three sheetes,ii. s. iiii. d.
For every sheete more,
Fees for the Keeper of the Treasurie from 11. Eliz.
INprimis, For search of a Terme above ten yeares,viii. d. iiii. d.
For seven yeares under ten years,
For three yeares,
For search of a Plea Roll,iiii. d.
[Page 41]For a Roll carried into the Court,vi. d. iii. s. xii. d. v. s. ii. s. vi. d.
For making up a Term and Record,
For every Attourney sworn in Court,
For a Jurie at Bar,
For a Nisi prius in Midd.
For a Wager in Law,
For a copie of a Precipe after the Terme,xviii. d.
For a Fine acknowledged in the Treasurie,iiii. d.
For a Warrant of Attourney lost, unentred, and comes to be entred in the Roll after the Terme,iiii. d.
For an entrie lost out of the Kings silver, and comes to be entred in the Office,iv. d.
From the Clarke of the Treasurie for my attendance every Terme,v. s. xviiid.
For my Key after the Terme,
These be the Fees which I Henry Ewer, Clarke of the Kings silver have taken since I became Officer, which was in Mich. 16. Iac. Reg. and were usually taken before that time by Master Gulson my Predecessor in the said Office, and I doe believe they were due in Anno 11 Eliz. except iiii. d. encreased by order of Court in Hillar. An. 8. Iac. Reg.
INprimis, For the Fees of every ordinary Fine taken by the Lord chiefe Justice of the common Pleas, or any Judge of Assize in the Western Circuit, together with the copie, o [...] post fine, xviii. d.
For every Fine taken in the same Circuit by speciall Commission, and for the copie of the post fine, xxii d.
For every ordinary Fine elsewhere in England, and Munmouthshire taken as aforesaid without Commission, and for the copie,x. d.
For every Fine taken by speciall Commission out of the Westerne Circuit, and for the copie,xiv. d.
For every several Caption in any Fine [Page 43] where it is taken at severall times by speciall Commission, over and above the former rates,iiii. d
For every Fine certified by certiorari after the death of any Judge, or other Commissioners, over and above the former rates,vi. d.
For the post Termin▪ of every Fine brought in the next Vacation after the retourne of the Writ of Covenant,vi. d.
For every search of any Fine every Terme,iiii. d.
For every copie of the Entrie of the Kings silver,viii. d.
For every Fee of a Ne recipiatur of any Fine either by Order or Warrant of the Court, or any Judge,iii. s4. d.
For the continuing of any such Order or Warrant from Te me to Terme till it be dissolved,iii. s. 4. d
The Phillizers Fees.
INprimis, For every Cap. al. & plur. Cap. in Debt, Detinue, and Trespasse, not having more than foure names in a Writ [...], and Entrie thereof,vi. d.
Item, For delivery of every first Cap. [Page 44] upon Record, and Entrie thereof,iiii. d.
For every Testat. upon any of the said Writs, pon. in Replevin & Summons, xii. d.
Item, For every Cap. al. & plur. in Accompt, Covenant, Annuity, Ejectione firme, and upon penall Stat.xii. d.
Item, For every Writ in an action upon the Case, or more, according to the length,xii. d.
For every retourn. habend. and second deliverance before appearance and entrie thereof,ii. s. vi. d
For every Non omit. & cap. in Withernam,ii. s. vi. d
For every Writ of partition, warrant. charte, Quare imp. and Waste,xii. d.
For every Writ for enquiry of damages in reall actions, Scire sac. & Supersid. ii. s.
For every graund cap. al. sum. pet. cap. and entrie thereof,ii. s. vi. d viii. d.
For the copy of the entrie thereof,
For the demaundant in every Writ of View, and entrie thereof,ii. s. vi. d viii. d.
For the copie of the entrie thereof,
For every Writ of seizin and entrie thereof,iv. s. vi. d ii. s. viii. d.
For the view paper,
For a copie of the entrie thereof,
For every Writ of Habeas corpus, duc. coram distring. imp. vic. & distring. ball. ii. s.
For every Writ of rescous and entry thereof,ii. s.
[Page 45]For the entrie of every adjournment, discontinuance, and resort,iiii. d.
For every speciall baile, and the entrie thereof,iis. x. d.
For every comparence in reall and mixt actions,iv. d.
For every comparence upon Writs to arrest, and the entrie thereof,xii. d.
For Searches, Copies, Number Rols, and giving of rules, each of them,iiii. d.
Exigenters Fees.
EVer since the Stat. of H. 8. which gave the Proclamation upon the Exigent, the whole estate of the Exigenters Office did consist in the making of three Writs, videlicet, an Exigent, a Supersid, and a Proclamation, All which Writs are warranted by one and the same Record.
For all the time of our remembrance and experience in the said Court, which hath been (by the most ancient of us) for about thirty yeares, or thereabout, the Fees of the said Writs were as followeth, videlicet;
- The Supersid.ii. s. xi. d. vi. d.
- The Exigent,
- The Proclamation,
[Page 46]Which Fee of vi. d. was given by the Stat. of 6. H. 8. being now about one hundred and ten yeares since.
About eight or nine yeares since the Supersid. (quia improvide) being the least Writ in labour, and more in profit than both the other, was granted by Letters Patents under the great Seale of England, by the late King of famous memory, to Master Iohn Murray, then of his Majesties Bedchamber, and partly to avoid contestation with his said Majesties graunt, and upon hopes and promises of some recompence another way, the Exigenters did give way to the said Patent, and have ever since lost the benefit of the said Supersid. whereupon the Judges did give encrease only of i. d. to be taken upon the Exigent, for reliese of the Exigenters and their Clarkes, and so the Exigent was made xii. d. which increase of i. d. is all the recompence which hitherto they have received for that great losse of the Supersid.
We have likewise heard that about forty yeares since, and before our times by occasion of an Act of Parliament, made 31. Eliz. whereby the Proclamation of the Exigent was much enlarged without any addition or encrease of [...]ee, there was i. d. added to the Exigent to be given to the poore Clarkes [Page 47] for writing the said Writs over and above the ancient allowance, which i. d. hath ever since been paid to the said poore Clarkes accordingly, without any benefit to the Masters themselves.
Other increase, addition, or alteration of Fees in our Offices we know not of, nor ever heard of, although the length of the said Exigent, or Proclamation with their entries, considering the length of the Supersid. (All which we humbly submit to his Majesties Commissioners) might perhaps have justly deserved some further improvement. And it is certainly true, that no other encrease of Fees hath been in our Offices since 11. Eliz. nor for ought we ever heard, or can by any meanes conjecture for these hundred yeares at the least.
- Rich: Page.
- Charles Cooke.
- Dan: Holford.
- Io: Millington.
The Clarke of the Jurors.
A note of all such Fees as are now usually taken by the Clarkes of the Iurors of his Maiesties Court of Common Pleas at Westm. being the same, and no other then such as have been taken time out of minde.
INprimis, For a Writ of hab. corp. Jurator. in debt and trespasse,x. d.
For the like Writ in all other actions,xvi. d. ii. s. iv. d
For a Distring. cum decem Tales,
For a Termes search, the copie of a Jurie, a number Roll, and a discontinuance and adjourum: for every of them,
The Clarke of the Essoines.
INprimis, For every Essoine and exception,iiii. d. iiii. d. iv. d. ii. d. iiii. d.
For every adjournment,
For the copie,
For every Idem dies,
For every Nonsuit for want of adjournment in actions personall,ii. s. iv. d xii. d. 4. s. iv. d xii. d.
For the Copie,
For every Nonsuit in Actions reall,
For the copie,
For the exemplification of every Essoine and Nonsuit thereupon when it shall happen, being very seldome,7. s. vi. d 3. s. iv. d xii. d.
For the copie thereof,
For the Clarke,
For severall Fees from severall Officers of the Court towards the numbring and marking of the Rolls,4. l. 9. s.
Outlawrie Office.
In the Kings Attourney generall his Office of the Outlaries executed by his Deputy Master Iohnson, the Fees are as followeth, viz.
FOr a speciall Cap. Vtlagat. against body, lands, and goods,ii. s. 4. d. xiiii. d.
For a propr.
For every Writ of hab. corp. & duces tecum, when they are sued forth,ii. s. iv. d xiiii. d. x. d. vi. d.
If a propr.
For a generall Cap. Vtlagat.
If a propr.
For ingrossing and certifying a speciall VVrit, with the Inquisition retourned by the Sheriffe, of lands, or goods found thereupon, and for the Exigent, with the retourne thereof at large certified into the Exchequer, when it is required, the Office Fee is viii. s. unlesse it be commanded by the Lord Treasurer, Chancellor, or Barons [Page 51] of the Exchequer, or by the Kings Attourney generall, or Sollicitor, for his Majesties service only, then no Fee isviii. s. aut nil. due.
For ingrossing and certifying a reversall into the Exchequer to discharge Seizures upon Outlaries, when any is,v. s. iiii. d.
And to the Clarke,
For entring the reversall in the Outlarie Office to discharge all Processe thereupon, or upon any Writ of Error,ii. s. 8. d.
For certifying of an Outlarie, or reversall when it is pleaded,ii. s. iiii. d.
And to the Clarke,
For search of an Outlarie one Term (as in all other Offices) iiii. d. if above a yeare, then iii. d. a Terme, which isiiii. d. iii. d. the utmost,
For entring and filing of an Exigent, with one processe thereupon,iiii. d.
These severall Fees aforesaid were paid and received in Easter Terme 34. Eliz. and ever since to mine own knowledge, for so long I have been and continued Clark and Deputy to all Attournies generall that have been since that time.
These (as I understand) are the true Fees.
Will. Iohnson.
The Fees of the Seale for Writs.
ALL VVrits of the Kings Bench and Common Pleas,vii. d.
The exemplifications of the Kings Bench,ii. s. vi. d
The exemplifications of the Common Pleas,ii. s. ii. d. i. d. i. d.
Outlaries,
Propr.
Fees due to the Marshall and Proclamator of the Court of Common Pleas given by Order made by all the Iudges of the Court, Term. Trin. 31. H. 1. post Conquestum, and received accordingly by the said Marshall and Proclamator, for any thing appeareth to the contrary, untill 11. Eliz. and ever since.
INprimis, For every Judgement, and Nonsuit,iiii. d. viii. d.
Item, For every Fine,
[Page 53] Item, For every finall judgement,xii. d.
Chiefe Usher of the Exchequer, and Marshall, and Proclamator of the said Court of common Pleas by Lease from Clement Walker Esquire, who hath the same Office in inheritance by graund Serjeantie.
The foure Cryers.
HEreafter doe ensue the good Ordinances and Rules made aswell by the Kings Justices of the common Pleas in times past, as by the Justices now being for the good rule and order of the said Court, which same now Justices doe charge and command every of the said Officers and Attournies well and truly to observe and keep upon the paines therein limited.
Which said orders were enrolled Termin. Trin. 35. H. 1. post conquestum rot. 494. Io: Priest chiefe Justice of the common Pleas, Ni. Austen, Pet. Arder, Ro. Davers, Ro. Dawbie, Wa. Moile, and Iohn Needeham, Just. of the same Court.
The Cryers Fees from 11. Eliz.
FOr every judgement,iiii. d. xii. d. iiii. d. viii. d. viii. d. ii. s.
For every finall judgement,
For every Nonsuit,
For every Fine,
For every Recovery,
For calling a Jury if they fill not,
For every Jurie if they fill, and serve, and give up their Verdict the same day, at the Bar the same day, and for keeping them till then,xvi. s.
If the Jurie lie all night, that we be forced to watch and waite on them all night,xxx. s.
For carrying every bundle of Records out of the Treasurie into the Court, and back again into the Treasurie,vi. d. vi. s. xii. d. xii. d. 4. s. 4. d. iv. d.
For every Attourney that is sworne,
For every Baile,
For every Oath in Court,
For every wager of Law old Fees,
For every Scire fac. called in Court,
For every Nisi prius before my Lord chiefe Justice,iv. s. xii. d
For every Guardian,
Iohn Philpot,
Tho: wickman,
William West.
The Fees of the keeper of the Court, from 11. Eliz.
FRom the Clarke of the Treasurie for hanging the cloath of the Court,vi. s. 8. d
For a wager of Law, and Wagermen,ix. s. 6. d v. s. xii. d. ii. s. iv. d. iiii. d. iiii. d. ii. s.
For a Jurie at Bar,
For every Attourney sworn in Court,
For a Nisi prius in Midd.
For a Baile,
For a Fine,
For a Deed acknowledged,
For satisfaction acknowledged,
The Fees of the Clarke of the Inrollments of Fines and Recoveries.
INprimis, The Fee due to the Judges by the Stat. of 23. Eliz. for inrolling of every Fine and Recovery,6. s. 8. d.
Item, Due to the Judges by the same Stat. for exemplifying every inrolment,v. s.
[Page 56]For search of every Fine inrolled for every yeare,xvi. d.
For copying every Fine inrolled, for every sheete,xii. d.
For the Clarkes Fee for inrolling by the Roll,8. s. 8. d. 8. s. 4. d. 3. s. iv. d
For exemplifying after the same rate,
For every rule upon amendments,
For retourning VVrits of Covenants upon Fines, and VVrits of Entries, Summons, and Seizins upon common Recoveries, as deputy of Record for Sheriffes appointed by the Court, the ancient Fee is,ii. s.
The Porter of the Court, his Fees from 11. Eliz.
FOr every VVrit of Entrie with M. Attourney generall,iiii. d. v. s. ii. s. vi. d. iiii. d. iiii. d. ii. d. xii. d. iv. d.
For a Jury at Bar,
For a Nisi prius,
For a wager of Law,
For a Fine acknowledged,
For a Baile,
For satisfaction acknowledged,
For the Attournies Oath,
For a Guardian,
Alienation Office.
THo: Ravenscroft, [...]rat Poulton, Geo: Coultrop, Esquires Commissioners.
Tho: Bond Esquire, Receiver.
Take no Fees, but receive a certaine stipend from the King.
Fees taken by the Master of the Chancery, for that Office appointed.
FOr signifying every Docquet upon Licence and Pardon of Alienation,ii. s.
For every Writ of Entrie, for lands holden in chiefe,iiii. d.
For Writs of Entrie of lands not holden in chiefe,iiii. d.
[Page 58]For Affidavits upon discharge ofii. s. Tenures,
The usuall Fees taken in the Office of Compositions, for alienations, by the Clarkes there.
FOr a certificate upon a Writ of Entrie,iii. s. 4. d
For the warrant to the great Seale for pardon of Alienation,x. s.
For viewing the Subjects evidences, search of the Tenures, and drawing of the Affidavit with Proces, to be discharged,vi. s. 8. d
For a release in nature of a Pardon of alienation upon a common Recovery, and for the like release upon a speciall Livery, and also for a release upon a generall pardon at the Coronation, or other times for each of them,13. s. 4. d
For the note of a Sheriffes discharge upon a seizure,iii. s. 4. d
For every Ex. and for certifying thereof into the Exchequer,xii. d. vi. s. 8. d
For the Sheriffes acquittance,
FOr entring in a large booke every Writ of Covenant fineable, videlicet, in the Terme time,vi. d. xii. d.
And in the Vacation,
For entring in another book remaining in the said Office every Docquer upon a licence of Alienation in the Terme time,xii. d. ii. s.
And in the Vacation,
For every Docquet for a pardon of Alienation in proces of Distring▪ or Scire fac. ii. s.
For every Writ of entrie of Lands holden in capite, and entred in the same booke,vi. d. xii. d.
And in the Vacation,
FOr endorsing every writ of Entry,vi. d.
For endorsing every writ of Covenant in Terme,iiii. d. vi. d. vi. d.
In the Vacation,
For entring unfiled VVrits,
For drawing the discharges of Tenures in Parliament, and entring them,vii. s.
The Vndersheriffe of Middlesex taketh these Fees following in his Maiesties Court of Common Pleas.
FOr a Warrant upon a Cap. for every name,iiii. d. ii. s. iiii. d.
For retourne of a Venire fac.
For a Warrant upon a Cap. Vtlagat.
For retourne of a Hab. corpora Iuratorum, iiii. s.
For summoning the jurie, for every name,iiii. d. iiii. d.
For a Cepi corpus for every man,
For retourne of an Exigent for every man,iiii. d. xii. d. ii. s.
For retourne of a Proclamation,
For retourne of a Scire fac.
For retourne of a Nihil overat. & Fier. fac. xii. d.
The Warden of the Fleete, his Fees.
A note of the Fees due and belonging to the Warden of the Fleete, and under-Officers, as appeareth by a Commission under the great Seale of England from the late Queene Eliz. in the third yeare of the raigne, and confirmed in the 37. yeare of her raigne, what every severall prisoner in their severall degrees ought to pay.
AN Archbishop, A Duke, A Durchesse, Are to pay for their Commitment Fee to the said Warden and his Officers, having theI. s. 21. 10. first weekes dyet with wine,
Also they are to pay for their ordinaryI. s. d. 3. 6. 8. weekly dyet with wine,
[Page 62]A Marquis, A Marquesses, An Earle, A Countesse, A Vice-Countesse, Are to pay for their Commitment Fee to the said Warden and his Officers,I. s. 14. 11. having the first weekes dyet,
Also they are to pay for their ordinary weekly dyet with wine,2. I.
A Lord Spirituall, or Temporall, A Lady, the wife of a Baron, or Lord, Are to pay for their Commitment Fee as abovesaid, having the first weekesI. s. d 11. 5. 10 dyet with wine,
Also they are to pay for their ordinaryI. s. d. 1. 6. 8. weekly commons with wine,
A Knight, A Lady, the wife of a Knight, A Doctor of Divinity, A Doctor of Law, or others of like calling; Are to pay as aforesaid for their Commitment Fee, having the first weekesI. s. 5. 1. dyet with wine,
Also they are to pay for their ordinarys. d. 18. 6. weekly commons with wine,
[Page 63]An Esquire, A Gentleman, A Gentlewoman that shall sit at the Parlour commons, or any person under that degree, that shall be at the same commons; Are to pay for their Commitment Fee as aforesaid, having the firstI. s. d. 3. 6. 8. weekes dyet with wine,
Also they are to pay for their ordinary weekly commons with wine,10. s.
A Yeoman, or any others that shall be at the Hall commons, man or woman; Are to pay for their Commitment Fee, having the first weekes dyet.
Also they are to pay for their ordinary weekly Commons,5. s.
A poore man in the Ward, that hath part of the Boxe; Is to pay for his Commitment Fee, having no dyet,7. s. 4. d
Also there is due to the said Warden xx. d. per diem, for the whole day, and x. d. for the halfe day, for every man that he may lawfully license to go abroad.
MOreover the said Warden hath retourne of Writs as Sheriffes, and Bailisses of liberties have, by which he hath allowance for retourn of every Hab. corp. or Attachment,ii. s. iv. d
Also for every Habeas corpus cum causa, there are Fees for retourning the causes, videlicet:
- For allowing the Writ,ii. s. iv. d ii. s.
- For retourning the first cause,
- For every execution,
- For every action,xii. d.
Which are due to the Wardens Clarkes, and v. s. to the Wardens servants for bringing every prisoner safe to the Bar.
Also he hath for allowance of every Supersid. and discharge,ii. s. iv. d
[Page 65]Also when any man is committed by Order out of the Courts of Starch amber, Chancery, Court of Wards and Liveries, Court of Exchequer, Court of Requests, and Court of Duchie, the VVardens servants (being sent to apprehend them, and bring them to the Fleete, according to the tenour of their commitment) have iiii. d. the mile where they are apprehended, and iv. d. the mile backe againe, and the Clarke hath ii. s. for making the Writ.
THE JVRORS PREsentment, Februarii, 15. 1627.
THE Certificate of us whose names are here under-written, Attournies of the Court of Common Pleas, given and presented the fifteenth day of Febr. 1627. unto his Majesties Commissioners for inquirie after exacted Fees, and innovated Offices according to the Oath to us, by them in that behalfe administred.
Inprimis, As concerning what Offices were usually holden, kept, or executed in the said Court, in the eleventh yeare of the raigne of our late Soveraigne Lady Queene Elizabeth; Wee say that our knowledges doe not extend so far, but for the time of our respective knowledges, there hath beene [Page 67] in the said Court, these particular Offices and Places following, videlicet:
- The Custos Brevium.
- The Prothonotaries.
- The Clarke of the Warrants.
- The Chirographer.
- The Clarke of the Treasury.
- The Clarke of the Outlaries.
- The Proclamator of the Court.
- The Cryers of the Court, whom we take to be but Substitutes to the Proclamator.
- The Clarke of the Kings silver.
- The Phillizers.
- The Exigenters.
- The Clarke of the Iuries.
- The Clarke of the Errors.
- The Seale Office.
- The Clarke of the Essoines.
- The Keeper of the Court.
- The Office of Inrollments, of Fines and Recoveries, erected by Sta.
- The Porter of the Court.
And for new e [...]ected Offices, we never knew of any other, then the Office following.
An Office called the Supersideas Office, which (as we are informed) is [Page 68] granted by Letters Patents under the great Scale of England.
Touching what Fees, Rewards, Summe, or Summes of money were in the said eleventh yeare of the raigne of our said late Soveraigne Queene Elizabeth, or at any time since usually, or accustomably taken, received, or had by the Judges, Counsellours, or Practilers, Officers, or their deputies, or other Ministers, Clarkes, Registers, or Attournies of the said Court, we doe certifie as followeth, videlicet:
The Iudges Fees that have beene usually, or accustomably paid, during our remembrances, viz.
INprimis, For allowing a Writ of Error upon a single judgement,17. s. 6. d For allowance of a Writ of Error upon a judgement, upon a Scire fac. or upon an Outlarie after judgement,3 [...]. s.
For signing every Writ of priviledge Procedendo Supersid. upon a Procedend. or Hab. corp. iiii. s.
For a Baile upon a Writ of priviledge at then Chamber, one cause only being certified,9. s. 8. d. ii. s.
For every cause more,
[Page 69]For a Prohibition,9. s. 8. d.
For confessing a judgement at a Judges Chamber,9. s. 8. d.
For an Affidavit before a Judge out of Court,xii. d.
For acknowledging of a Fine out of Court,9. s. 8. d.
For certifying of a Fine, or retourne of a Dedimus potestatem, and not of the Precipe, xvi. d.
For every Warrant of Attourney for Recovery taken out of the Court,9. s. 8. d.
For reversing of an Outlarie out of Court for one name,9. s. 8. d. ii. s.
For every other name,
For every witnesse for the proofe of a suggestion upon a Prohibition out of Court,9. s. 8. d.
For admission of a Guardian out of Court,9. s. 8. d. 9. s. 8. d. iiii. d.
For a privie Verdict,
For signing of an Information,
For a licence to compound upon an Information,ii. s. vi. d
For acknowledging of a deed to bee inrolled in Court,xii. d.
For acknowledging of a deed out of Court to be inrolled ix. s. viii. d. now they take butiiii. s.
For taking of a speciall Baile upon meane proces out of Court, in the Phillizersxii. d office in Terme,
[Page 70]For taking a speciall Baile upon meane proces after the Terme,9. s. 8. d.
For a Warrant under a Judges hand to passe a Fine, where are more than three Cognizois, or three Cognizees, which was not taken till 12. Iac. Reg. per ord. cur. iiii. s.
Serjeants Fees.
As for Counsellors, there are none attending at the Court of Common Pleas, other then Serieants at Law, whose ancient Fees have been as followeth, viz.
FOr a motion, or setting his hand to a speciall Plea,x. s.
For a triall at Barre, or an argument upon a demurrer,xx. s.
For drawing a Recovery at Bar to every Serjeant used in the same Recovery,iii. s. 4. d iii. s. 4. d
For declaring of a Fine at Bar,
The Custos Brevium.
THE Fees mentioned in the Certificate under Master Spencers hand hereto annexed are the usuall, and accustomed Fees, which during our remembrance have been paid, Except.
The summe of xii. d. demanded in the Fees of every Fine formerly certified, which of late times hath been taken more than heretofore was anciently taken, and was first claimed by them for retourne of Writs of Covenant under colour of Deputations from the Sheriffes, and now is claimed for keeping three parts of a Fine which we hold not to be due.
Also the xx. d. demanded for filing of every Writ after the Terme, and so for every Terme after xx. d. whereas the Fee of xx. d. is not to be paid for filing of any Writ after any Terme, unlesse it be filed after the last filing day of the next subsequent Terme, after the retourne thereof, and more then xx. d. ought not to be paid for filing of any Writ, unlesse it be above a yeare after the retourne.
Also the Fee of xii. d. for filing of every [Page 72] Writ of Entrie, Summons, and Scizin upon common Recoveries taken by the Clarkes of that Office, which wee hold not to be due, for that iiii. d. ought to be paid and taken as their Masters Fee for a post diem.
And we also certifie that there hath been usually and accustomably paid to the Custos Brevium, or his Clarkes the Fees following, videlicet.
For every Ne reciptatur, comming under a Judges hand, or by order in Court,xii. d
For every note of Jurors names for the Clarke of the Juries to make further proces by,viii. d
For every note of an Exigent, for the Clarke of the Outlaries to make further proces by,viii. d
For the copying of every Writ, or other Record, for every Sheete,viii. d.
For the [...]e [...]h of any booke of Entries of any Writs, for every Terme searching,iiii. [...].
As for the rest of the Fees mentioned in the said Certificate, the same being Fees demanded by the Clarkes of the Custos Brevium his Office, and Bagbearer to be allowed them by the Master of the said Office, we know not any such Fees to be due unto them, and doe certifie, that if any such be, the same are to be paid to the same [Page 73] Clarkes, and Bag-bearer by their said Master out of the Fees before recited, and no others.
In the Prothonotaries Office.
FIrst, we doe finde nothing to the contrary, but that all the Fees certified by the said Prothonotaries, are the usuall Fees that have been accustomably paid during the time of our remembrance, but we certifie further that there hath been taken by the space often yeares last past, or there abouts upon every judgement in personall, and mixt actions over and above the ii. s. in the Bill of their Fee, certified, and more than anciently was paid, xii. d: which they informe us the judges have for assessing of Costs.
There hath been also taken by their Clarkes for about twelve or fourteene yeares last past iiii. s. for the reversall of every Outlarie in Court not formerly taken, neither is it certified by them which wee are informed is for the Iudges Fee in liew of an m [...]nt Fee of ix. s. viii. d. due to the Iudges, when the same wa [...] [...]sed at their Chambers.
The Secondaries Fees.
THere hath been taken by them by the space of sixteene yeares last past, or thereabouts xii. d. upon every common Recovery drawne at the Bar, more than formerly, or is now certified by the Prothonotaries, but the reason, or ground thereof we know not.
In the Clarke of the Warrants Office.
VVEE can say nothing against the Certificate of the Fees of the Clarkes of this Office, but that they have usually been accustomed to be paid during our remembrance, saving.
That there is, and hath been by the space of eleven yeares or thereabouts taken by him more than formerly upon every Fine iiii. d. for a Warrant of Attourney which we know not to bee used before.
Also there is in the last mentioned Certificate certified only by Master [Page 75] Mene mentioned to be paid to the Clarks of the said Prothonotaries xii. d. upon every Recovery, which we know not to be due.
In the Phillizers Office.
VVEE doe also certifie that the Fees mentioned in the Certificate of the Phillizers, intituled, the Fees which the Phillizers of the common Pleas now take, have been usually and accustomably paid during our remembrance for ought we know to the contrary, saving,
That there is taken iiii. d. upon every first Cap. and viii. d. upon every appearance of the Defendant in every action more than was formerly taken before 14. Iac. Reg. which is so taken by vertue of an order of the Judges made upon the reasons expressed in the said Order.
And for the viii. d. claimed for the copie of the entrie of every grand Cap. al. Summons & Pet. Cap. wee know it not to be due.
In the Exigenters Office.
VVEE also certifie that the Fee of ii. s. for a Supersid. for such of them as were made in the said Office, was anciently, and usually taken in the said Office, until a Patent was granted of the said upersid. and that the Fee of x. d. was anciently and usually taken untill about 31. Eliz. for every Exigent except propr. and that ever since there hath been taken more for every Exigent i. d. and for the space of sixe yeares last past, or thereabouts, i. d. more; The reasons wee know not, but refer the same unto the certificate of the Exigemers.
In the Chirographers Office.
VVEE acknowledge that the Fees certified by the Chirographer himselfe, are the usuall and accustomed Fees which have been paid all the time of our respective knowledges, but as to the Fees certified under Master Randals hand for the Clarkes Fees of that Office, we know [Page 77] no such Fees due to them for writing the Chirograph of the said Fine, but we say, there hath been used to bee given to the said Clarke that ingrosleth the said Fine xii. d. for a gratuity.
In the Office of the Kings silver.
VVEE certifie that the ancient and usuall Fees for entring the Kings silver, of every Fine was only vi. d. and for every Certiorari for every Fine certified by Certiorari after the death of a Judge vi. d. and for every search for a Fine for every Terme iiii. d. and for the copie of the entrie of the Silver, for every sheet viii. d. if the copie be required, and for every Ne reciptatur, or Ne intratur of a Fine xii. d. And if the Fine come in after a Terme, and after the Rolls are made up to be delivered up out of their hands, the said Clarke of the Kings silver was allowed reasonable recompence for his paines, but no certaine Fee.
And as concerning all the other Fees mentioned in the Certificate under the hand of Master Henry Fwer Clarke of the Kings silver, We certifie [Page 78] that the same were taken by the said Clarke of late yeares, and since the said eleventh yeare of the said late Queene Eliz. the most ancient of them being not above thirty yeares or thereabouts, and the rest of far later time, whereof iiii. d. he demandeth by vertue of an Order of the Iudges in that behalfe made: The copie whereof, is to the Certificate annexed.
In the Office of the Clarke of the Treasurie.
THE Fees mentioned in the Certificate under the hand of the Lord chiefe Iustice Richardson, for the Fees of the Clarke of the Treasury, we acknowledge to be the usuall and accustomed Fees which have been paid during our remembrance, Except, videlicet:
viii. d. of the iiii. s. demanded for search of every Terme above ten years the ancient Fee due to the Clarke of the Treasurie is but iii. s. iiii. d. and the viii. d. residue is due to the keeper of the Treasurie, and is claimed by him in his Certificate.
[Page 79]And we also certifie that besides the Fees certified by the Lord chiefe Iustice Richardson, there is due to the under Clarke in the Treasurie for examining any booke or old Record of Nisi prius, or any transcript of Record, which the Records in the Treasury, if it exceed not eight sheetes xii. d. and if more, then after that rate, and for making and examining the Iurat. of every Record of Nisi prius iiii. d. But whereas of late there hath been demanded and taken by the under Clarkes of that Office for the exemplifying of every Recovery with single Voucher iiii. s. vi. d. and for exemplifying any other Record, not exceeding eight sheetes, v. s. and for every sheete more, vi. d. and for ingrossing every Record of Nisi prius upon old issues for every sheete iiii. d. We doe certifie that there are no such Fees due unto them, And that the Fees due for those Exemplifications and Ingrossements are satisfied and contained in the Fees certified by the Master of the said Office.
The Cryers Fees.
THe Fees mentioned in the Certificate under the Cryers hands, We thinke are the usuall and accustomed Fees which have been paid during our remembrance, Except.
The Fee of ii. s. by them demanded for the calling of every Jury at the Bar when they fill not, the ancient Fee being but xii. d.
The Fee of xvi. s. by them demanded for keeping of every Jurie during the sitting of the Court, the ancient Fee being but iiii. s.
The Fee of xxx. s. for keeping a Jury all night, the ancient Fee being but viii. s. and no more.
The Fee of vi. s. for every Attourney sworne in Court, the ancient Fee being but iiii. s. and no more.
The Fee of xii. d. for every baile taken in Court, there being no Fee at all due unto them.
The Fee of xii. d. for every Oath in Court, and for every [...]cir [...]c. called in Court, iiii. d. and [...]ii. d. for every Guardian admitted in Court, there being no such Fees due unto them to our knowledges
[Page 81]As for the Fees of iiii. d. for every judgement, xii. d. for every finall judgment, iiii. d. for every Nonsuit, viii. d. for every Fine, and viii. d. for every Recovery, We know no such Fees due unto them, and they be the same which the Proclamator claimeth and hath.
In the Office of the keeper of the Treasurie.
THe Fees mentioned in the certificate under the Keeper of the Treasuries hand, We thinke to be all the usuall and accustomed Fees which have been paid during our remembrance, Except,
IV. d. for a search after three yeares, till ten yeares, nothing being due.
The Fee of vi. d. for every Roll carried into Court, there being no such Fee due, other then for a Plea Roll.
The ii. s. vi. d. for every Jury at Bar, xii. d. being only due, and no more to our knowledge.
The ii. s. vi. d. for a Nisi prius in Middlesex xii. d. only, and no more being there due.
The xviii. d. for his key after the Terme, xii. d. only being due.
And as for the Fee of iii. s. for making [Page 82] up the Terme and Records vi. d. for every wager of Law, xviii. d. for a copy of a Precipe after the Terme, iiii. d. for a Fine acknowledged in the Treasurie, and v. s. from the Clarke of the Treasurie for his attendance every Terme, we know not any of them to be due.
In the Outlarie Office.
THe Fees mentioned in the certificate under the hand of Master Attourney generall for the Fees of the Clarke of the said Office we acknowledge to be the usuall and accustomed Fees which have been paid during our remembrances.
But we doe certifie that under colour of these Fees, where there be more defendants than one in a Writ, there is by them taken for the entrie of the reversall to discharge proces thereupon, or upon a Writ of Error for every name, ii. s. viii. d. whereas we conceive there is but ii. s. viii. d. due for all in one Writ of Exigent, that be reversed all one time.
Where there is demanded for search of an Outlarie for every Terme within one yeare iiii. d. and for every Terme above the yeare, iii. d. we certifie it is [Page 83] but only in case where search is made by a stranger, and not by the Attournies for Writs sued out by themselves.
The Proclamators Fees.
THE Fees mentioned in the certificate under the hand of Master Senkey for the Fees of the Proclamator, we thinke to be the usuall and accustomed Fees which have been paid to that Officer: But we certifie that the Prothonotaries, and the Chirographer doe receive the said Fees, and not that Officer himselfe, which Fees are now claimed by the Cryers.
Clarke of the Iuries.
AS for the Fees mentioned in the certificate of the Clarke of the Juries, under his hand we certifie they be the usuall and accustomed Fees which have been paid since and during our remembrances.
The Clarke of the Essoines.
THE Fees mentioned in the certificate under his hand, Wee thinke to bee the usuall Fees which have been paid to that Officer during our remembrance.
The vi [...]. s. vi. d. demanded for exemplifying of every Es [...]oine and Nonsuit thereupon, and iii. s. iiii. d. for the copy thereof, We know no such Fee to be due unto him.
And as for the Fee of iiii. l. ix. s. by him demanded from the Officers of this Court, towards the numbring and marking of the Rolls every Terme, We know not any such Fees due unto him, and if it be, We thinke it be not within our enquirie.
The Court Keeper.
WHereas this Officer requireth ix. s. vi. d. for every Wager in Law, his due being onely xxii. d. the rest is to be divided amongst the Cryers, Wagermen, and other Officers, and for the ii. s. vi. d. for a Jurie at [Page 85] Barre, we certifie that there is onely xii. d. due, and no more.
For the Fee of vi. s. viii. d. from the Clarke of the Treasurie for hanging the Cloath of the Court, We know no such Fee due to him, and if it be, it is from the Clarke of the Treasury, and so under favour (as we conceive) not within our enquirie.
And as for the Fee of xii. d. for every Attourney sworne in Court, ii. s. for a Nisi prius in Middlesex, iiii. d. for a Baile, iiii. d. for a Fine, iiii. d. for a Recovery at Barre, and ii. d. for satisfaction acknowledged, We say there are no such Fees due.
The Porters Fees.
THE Fees mentioned in the certificate under the Porters hand, We thinke are the usuall and accustomed Fees during our remembrances paid, Except,
The Fee of v. s. for every triall at Barre, his due being but xii. d.
xii. d. for a Nisi prius, his Fee being but vi. d.
IV. d. for a Fine which is not to bee paid, but for every Fine acknowledged by a Feme covert in Court.
[Page 86]IV. d. for every Writ of Entrie, iv. d. for a Baile, ii. d. for satisfaction acknowledged, and iiii. d. for a Guardian, We certifie that there are no such Fees due,
The Clarke of the Errors Fees.
FRom the now Clarke of Errors we have no certificate, but for the Fees formerly certified by Master Moile late Clarke of the Errors, we thinke that the Fees by him certified, are the Fees which usually and accustomably paid during our remembrances, Except,
The Fee of iii. s. by him demanded for a Supersid. de non molestando, there being but ii. s. due, and ii. s. for making of the Record.
The Fee of ii. s. iiii. d. for a Nonsuit upon a Writ of Error, we certifie it is not due.
The Clarke of the Inrollments.
THE Fees certified by Master Iackman for the Fees of that Office, we certifie to be the Fees due by Stat. Except,
The Fee of xvi. d. by him demanded for search of every Fine to be inrolled for every yeare, whereas the Fee by Stat. (as we conceive) is but iiii. d. a sheete.
The Fee of xii. d. for copying every sheete of every Fine inrolled, whereas the Fee (as we conceive) is but [...]iii. d. a sheete.
And as for the Fee of viii. s. iiii. d. for the Clarkes Fee for inrolling by the Roll, and viii. s. iiii. d. for exemplifying after the same rate, and for the iii. s. iiii. d. for the rule upon amendments, we doe certifie that we know no such Fees to be due.
And as for the Fee of ii. s. demanded for retourning Writs of Covenant upon Fines, Writs of Entries, Summons and Seizins upon common Recoveries, as deputies of Record for Sheriffes appointed by the Court, we doe certifie that the same Fee is not due unto him, but was anciently due and taken by
[Page 88]the Attournies, and allowed them for returning of the said Writs, and their better care to avoide Errors in sewing forth the said Fines and Recoveries.
The Attournies Fees.
VVEE doe certifie the Attournies Fee for prosecution is, and during our remembrance have been for every Terme it every reall action,
And in every other action▪
Bookes and Tables.
TOuching the having of any Bookes, Tables, Rolls, Orders, Warrants, Records, Entries, or other Notes, or writings for the discovery of those things we are charged with, Wee doe certifie that we have not any in our custody, neither doe wee know where any are, but only in severall Offices by us certified.
- Io: Nichols.
- Peter Noyes.
- Geo: Holland.
- Roger Hide.
- Rob: Hanson.
- Io: Wickesteade.
- Io: Bimbrone.
- Io: Skinner.
- Nich: Allen.
- Fra: Kempe.
- Io: Rowley.
- Edw: Waller.
- Io: Tyrer.
- Roger Doddeswell.
- Rob. Benson.
- Will: Corfield.
- Tho: Blofield.
- Fra: Newbone.
- Anth: Rogers.
- Anth: Langston
- Geo: Needler.
- Will: Cragge.
- Peter Bird.
- Edw: Ball.
- Ro: Hamby.
- Rich: Morse.
The Fees here under mentioned are the Fees due and paid to the Lord chiefe Iustice, and the other Iustices of the Court of common Pleas at Westminster, as they were due, and usually paid to our Predecessors, Iustices of the same Court.
The Lo: chiefe Justice his Fees.
FOR allowance of a Writ of Error upon an Outlarie before judgement,xx. s.
For a Baile taken upon an Outlarie upon meane Proces in debt, if the debt be xx. [...]. or above,ii. s. 4. d.
For the allowance of a writ of Error upon a judgement,xx. s.
For Baile taken in case of debt after judgement,xii. s
For the allowance of a writ of Error [Page 91] upon a judgement upon a Scire fac. and Outlarie after judgement,xxxv. s.
For making the Roll that a writ of Error is allowed on,ii. s. iii. s.
For a Supersid.
For the transcript of a Record being a Proces,6. s. 8. d. 6. s. 8. d. 14. s. 9. d
For every proces more,
For the retourne of every Certiorar.
For the seale of every Record of Nisi prius, ii. s. i. d.
For the seale of every Writ sealed in Court,i. d.
For the seale of every Exemplification,ii. s. ii. d.
The Fees following are due to such of the Iudges who doe performe the businesse.
FOr acknowledging of a Fine or warrant of Attorney for a common recoverie out of Court,6. s. 8. d.
For signing every writ of priviledge, to remove any cause, Habeas corpus, procedendo, or Supersid. upon a Procedendo, iv. s.
For every Baile taken out of Court upon any such writ of priviledge, wherein one cause only is retourned,ix. s. 8. d.
[Page 92]For every cause more,ii. s.
For the confession of a judgement out of Court,9. [...]. 8. d.
For every Phillizers Baile, and other Baile taken out of Court,9. s. 8. d.
For acknowledging satisfaction out of Court,9. s. 8. d.
For acknowledging out of Court a Deed to be inrolled,9. s. 8. d.
For admission of a Guardian out of Court,9. s. 8. d.
For the proofe of a suggestion out of Court, for every witnesse,9. s. 8. d.
For a warrant for passing of a Fine, where there are more than three Cognizors, or three Cognizees parties to the Fine,iiii. s.
For every Affidavit taken out of Court upon a forraigne Plea, or Rescous,ii. [...].
For any other Affidavit taken out of Court,viii. d.
For exhibiting of an Information out of Court,viii. d.
For signing a Bill of costs to award an Attachment for not appearing upon a Subpoena, viii. d.
For granting a Licence to compound upon a penall Law,ii. s.
For assessing of the Kings part of a forfeiture upon a penall Statute after composition with the Informer,ii. s
For the commitment out of Court, [Page 93] of a prisoner to the Fleete, charged with one cause only,9. s. 8. d.
For every Baile taken out of Court upon an Outlarie in debt upon meane proces reversed, if the same be xx. l.ii. s. iv. d
Divident Fees.
These Fees following are due to the Lord chiefe Iustice, and the other Iudges of the Court of common Pleas, by way of Divident.
FOr confessing of a Judgement in Court,vi▪ d.
For acknowledging satisfaction in court, if the debt or damage doe not amount unto 100. l.vi. d.
If the debt or damage doe amount to 100. l. xii. d. and for every 100. l. after the same rate,xii. d.
For admitting an Infant in court to his Guardian,xii. d.
For reversing an Outlarie in Court for error in the Exigent, or retourne,xii. d.
For the like for the insufficiency of the Proclamation, or retourne, or for [Page 94] want of a Proclamation,ii. [...].
For every common Recovery acknowledged in Court,vi. d. vi. d.
For a Fine acknowledged in Court,
For a Baile taken in Court, or a Baile or Recognizance acknowledged in Court,xii. d.
For a deed acknowledged in Court to be inrolled for a discontinuance,xii. d. 9. s. 8. d.
For a Prohibition granted,
For every wager of Law, or Nonsuit upon a wager of Law,vi. d.
For admission of an Attourney to be an Attourney of this court,xx. [...] ▪
The Puisne Iudges Fees.
FOr every Fine drawne at the Bar,xii. d.
For a Recovery drawne at the Barre with a single Voucher,xviii. d. vi. d. iiii. s. vi. s. 8. d
For every Voucher more,
For reversall of an Outlary in court,
For taking of a privy Verdict,
For taxing of costs upon every Verdict,
From the Clarke of the Warrants every Terme, to every of the puisne Judges,
For every Attourney, whose name is recorded in the Roll of Attournies every Terme▪ iiii. d.
[Page 95]For inrolling and examining the parts of a Fine, and Writs upon common Recoveries by the Stat. 23. Eliz. vi. [...].
For the Exemplification and examination of the parts of a Fine, and VVrits upon common Recoveries by that Stat.v. [...].
For drawing and entring a rule for an amendment upon that Stat.xii. d.
For a search made upon the inrollment upon that Stat.iiii. d.
For a copie of a Fine, or Writs inrolled upon common Recoveries inrolled by that Stat. for every sheete,iiii. d.
For the retourne of every writ of Covenant brought to levy a Fine upon,x. d.
For the retourne of every writ of Entry to suffer a common Recovery, every writ of Summons and Seizin thereupon,x. d.
An ancient Fee of vi. s. viii. d. for signing of a Dedimus potestatem due to the Judges of any Court who doe assigne the same, which is now, and of late hath been divided amongst all the Judges that ride the Circuits,6. s. 8. d.
These Fees following are due to the Clarkes of the Lord chiefe Iustice, and other the Iustices of the said Court.
TO the Judges Clarke of the Fines, for taking of a Fine, or warrant of Attourney,iii. s. 4. d
For certifying of a Fine, or retourne of a Dedimus potestatem, xvi. d.
To the Judges Clarke of Bailes, for taking every Baile,xii. d.
For entring every caveat to give notice that good Baile may be taken,xii. d.
For satisfaction acknowledged out of Court,xii. d
For a Deed acknowledged out of Court to be inrolled,xii. d.
For the proofe of a suggestion out of Court for every witnesse,xii. d. iiii. d.
For an Affidavit taken out of Court,
For entring into his Booke an Information exhibited out of Court,iiii. d.
For entring into his Booke of costs a warrant signed to award an attachment for not appearing upon a Subpoena, iiii. d.
[Page 97]For entring into his booke a licence so compound upon a penall Law,iiii. d.
For entring into his booke the Kings part of the forfeiture upon a penall Law assessed by the Iudges, after composition with the Informer,vi. d.
For entring into a Booke, a commitment out of Court of a prisoner to the Fleete, charged with one cause only,xii. d.
To the puisne Iudges Clarke of the Inrollments, for copying, inrolling, and examining the parts of a Fine, and Writs upon Recovery by the Statute, 23. Eliz. 8. s. 4. d.
For a search made for an inrollment upon that Stat.viii. d.
For writing of a Fine, or Writs inrolled upon a common Recovery inrolled by that Stat.viii. d.
Ric: Hutton.
Fra: Harvey
Geo: Crooke.
H [...]n: Yel [...]erton.
FEBRVARII XVII. 1628.
ACcording to an order of his Majesties Commissioners for inquirie after exacted Fees, and innovated Offices, Wee whose names are hereunder subscribed, have met and perused the Iudges Certificate of Fees to us delivered by the said Commissioners, which in our former presentment or certificate we could not so exactly set downe, as we did the Officers Fees, for that we received from the Commissioners severall certificates of the severall Officers of the said Court, concerning all their severall Fees, but we then had not any certificate from the Iudges of their Fees by them demanded and certified, [Page 99] but we now having received a certificate by the said Commissioners from the said Iudges, doe now this seventeenth day of February, 1628. upon due consideration thereof had, certifie as followeth, viz.
The Lord chiefe Iustice his Fees.
INprimis, Touching the xx. s. mentioned by the Iudges certificate for allowance of a writ of Error, upon an Outlarie before judgement, or upon a writ of Error upon a judgement, which in our former certificate wee mentioned to be but xvii. s. vi. d. upon either of them, We certifie now, that for our respective knowledges there hath been paid in the whole xx. s. for every of the same, but we conceive ii. s. vi. d. thereof was for the Lord chiefe Iustice his Clarks, and only xvii. s. vi. d. for the Iudges.
Concerning the ii. s. iiii. d. for a Baile taken upon an Outlarie upon meane proces, the debt being xx. l. or above, mentioned in the Iudges certificate, we certifie that the same hath beene usually paid since an Order made by the Iudges concerning the putting in of a Baile into that case.
[Page 100]Touching the xii. s. mentioned in the said Certificate for a Baile taken in case of debt after judgement, we certifie that since the Stat▪ made for putting▪ in of Baile in that case, the same hat [...] been usually paid.
Touching the ii. s. for marking the Roll the writ of Error is allowed [...] and [...]ii. s. for every Supersid We [...]rtifie the same hath been usually paid to the Clarke of the Errors, but whether as due to the Iudge, or his Clarke, wee know not, yet some of the ancientes [...] men of the [...]y say, that there was anciently paid for every such Supersid but ii. s. as we formerly certified in our former Certificate under the title o [...] the Fees of the Clarke of the Errors.
As to the Fee of ii. s. [...] ▪ d▪ for the seale of every Record of Nisiprius, the same hath been so anciently paid, saying in case of Prop [...].
Touching the Lord chiefe Iustice [...] Fee of i. d. for the scale of every W [...] sealed in Court, and ii. d. for the seale of every Exemplification, we certifie them to be due, and parcell of the Fee of vii. d. and ii▪ [...] ▪ ii. d. certified in our former Certificate under the title of Fees of the Seale Office.
Touching the rest of the Fees mentioned in the Iudges certificate to bee due to the Lord chiefe Iustice, wee [Page 101] have usually paid the same, and therefore doe think them to be due.
The Fees due to such of the Iudges as performe the businesse.
TOuching the Fee of vi. s. viii. d. for the acknowledging of a Fine, or warrant of Attourney for a common Recovery out of Court, we certifie as formerly, that ix. s. viii. d. hath been usually paid for the same in the whole, but (as we conceive) the Judge hath only vi. s. viii. d. and his Clarke the rest.
Touching the ii. s. certified for an Affidavit taken out of Court upon a forreine Plea, or Rescous, we certifie that the same hath been anciently paid, but how the same hath been anciently divided between the Judges and Clarks we know not.
Touching the viii. d. certified by the Judges of every other Affidavit taken out of Court, we doe certifie as in our former Certificate, that we have usually paid xii. d. for the same, whereof we conceive iiii. d. is allowed to the Judges Clarkes, as appeareth by the Judges owne Certificate of their Clarkes Fees.
Touching the Fee for granting a [Page 102] licence to compound upon a penall Law, we certifie as heretofore we have done, that anciently ii. s. vi. d. hath been used to be paid, whereof we conceive ii. s. due to the Judge, and vi. d. to his Clarke.
Touching the ix. s. viii. d. for every reversall of an Outlarie out of Court, we certifie that usually we have paid so much for one name, and if there have been more names than one in the writ, then for every other name ii. s.
Touching the ii. s. iiii. d. for Baile taken out of Court upon an Outlarie in debt upon meane proces reversed, if the debt be xx. l. or above, we certifie that ever since the order was made by the Court for putting in Baile in that case, the same hath been usually paid.
Touching the iiii. s. certified for a warrant, for passing a Fine where there are more than three Cognizors, or three Cognizees parties to the Fine, we certifie that it hath been paid ever since the order made in that behalfe, as we have certified in our former Certificate.
Touching the rest of their Fees, wee certifie that we have usually paid the same during our respective practises, and therefore thinke them to be due.
The Divident Fees.
TOuching the Fee of xx. s. mentioned to be paid for the admission of every Attourney to be an Attourney of the same Court, we doe certifie that the ancient Fee was only ii. s. howsoever of late yeares xx. s. hath been paid, videlicet, for about sixteen yeares.
Touching the residue of the Fees certified by way of Divident, we doe certifie that we have usually paid the same during our respective practises.
The Puisne Iudges Fees.
TOuching the xii. d. certified for every Fine drawne at the Bar, and xviii. d. for every Recovery with a single Voucher drawne at Bar, and vi. d. for every Voucher more, wee certifie the same to have been usually paid to the hands of the said Secondaries.
Touching the xii. d. certified for taxing of costs upon every judgement, we referre our selves to our former Certificate [Page 104] in that behalfe made under the title of the Prothonotaries.
Touching the xxxiii. s. for every puisne Judge from the Clarke of the warrants, we say it passeth not through our hands▪ nor lyeth in our knowledge, but because the Judges have certified it, we (knowing nothing to the contrary) thinke it to be due.
Touching the Fee of x. d. for retourne of every writ of Covenant brought to levie a Fine upon, x. d. for the retourn of every writ of Entrie to suffer a common Recovery, every writ of Summons and Seizms thereupon, we certifie as before we have done, under the title of the Clarke of the Inrollments, (whereunto we refer our selves) and conceive the same to be parcell of the ii. s. claimed by the Clarke of the Inrollments.
And touching the residue of the Fees certified to be due to the puisne Judges only, we doe certifie that we have usually paid the same during our respective practises, and therefore thinke them to be due.
- Anth: Langston.
- Geo: Needler.
- Fra: Kempe.
- Edw: Waller.
- Ro: Hyde.
- Io: Rowley.
- Roger Doddeswell.
- Ni: Allen.
- Io: Skinner.
- Io: Tyrer.
- Io: Banbury.
- Io: Wickesteade.
- Tho: Blofield.
- Ro: Benson.
- William Cragge.
- Peter Bird.
- William Corefield.
- Edw: Ball.
- Ro: Hanson.
- Ro: Morse.
- Geo: Holland.
These are the Fees due and beloning to the three Prothonotaries of the Court of common Pleas at Westm. for entries of Declarations, [...]eas, and Iudgements. And also for making and entring of Writs in their severall Offices, and for other dues belonging to them, confirmed and allowed by our Soveraigne Lord King Charles, by his Letters Patents under the great Seale of England, dated at Cambury the 22. of Iuly, in the 12. yeare of his Raigne, and are mentioned and expressed in a Schedule of Fees to the said Letters annexed, and recorded in his Maiesties Court of common Pleas at Westm. in the Terme of S. Michael next following, quinto, sexto, septimo, octavo, nono.
INprimis, For the entry of every common Declaration, common Plea in Bar, wherein one Freehold is pleaded, common Replication, and Rejoynder in actions personall,
[Page 110]For the entry of every speciall Declaration, speciall Plea in Bar, or Abatement Freehold Replication, or Rejoynder, and Pleas subsequent, in actions personall, not exceeding three sheetes, every sheete containing twelve lines at the least, and every line containing ten words,ii. [...]. viii. d.
And for every sheete so exceeding,
For every Declaration in actions upon the Case Ejectione firme, accompt, annuity, conspiracy, covent, deceit, partition, Plegiis acquiet. and debt upon Statutes, plaint in Assize, and the like speciall actions, and in reall mixt popular actions, if the declaration or plaint exceed not three sheetes,ii. s. viii. d.
And for every sheete exceeding,
For the entring of every Bar, Replication, and Pleas subsequent in every of the actions last above recited, and in the title actions, not exceeding three sheetes,ii. s. viii. d.
And for every sheete so exceeding,
For the buyer of every Bill, Obligation, Indenture, Record, or Certificate, or the like, entred in haec verba, not exceeding the length of three sheetes,ii. s.
And for every sheete above that length,viii. d.
For recording of every apparance by the Court,2. s. 4. d.
[Page 111]For me entry of every Recognizance without condition, challenge to the Sheriffe or Coroners, or to the Aray, or other speciall averments,ii. s.
And for the entring of every Recognizance without a condition,iiii. s.
For every judgement in Debt, Trespasse, or detinue, without a tales for the Prothonotary,ii. s.
And for entring of every adjournement,iiii. d.
For every Judgement with a Tales, besides the Fee above recited,ii. s.
For every Remanet, and Judgement for cost given to the Defendant by the Statute, besides the Fee abovesaid,ii. s.
For every judgement in all other actions, aswell personall, as mixt, and reall, and prohibitions, and the like,iv. s.
For every Satisfaction, Recordatur, Discontinuance, Retraxit, Relinquishment, Nolle prosequi, or the like, in actions personall,ii. s. iiii. s.
And in reall actions,
For the entry of a single Recovery, and the writ of seism thereupon,x. s. 6. d. vi. s.
And for every Voucher more,
For the entrance of a Summons ad Warr. for a common Recovery, and the writ of Summons ad Warr. iv. s. vi. s
And if for both,
For every forraigne Voucher sent to the common Pleas to summon the [Page 112] Vouchee, [...]f the Record be not above three sheetes,ii. [...]. viii. d.
And for every sheete more,
The like Fees are to be paid when the Record is remitted back againe, after the Voucher determined,2. s. 8. d.
For the entry of every speciall Verdict, whereupon a Cur. advisar. vult is entred, being not above the length of three sheetes, written as abovesaid,ii. s.
And for every sheete exceeding that length,viii. d.
For the entry of every generall Verdict, with a Cur. advisar. vult, without a Tales,ii. s. iiii. [...].
And with a Tales,
For the entry of every Remittive of debt or damages,xii. d.
For the entry of every Information upon any penall Law, and signing the [...]ubpena only,ii. s. 8. d.
For the entring of every surmise for a Prohibition to be granted, not exceeding the length of three sheetes, as abovesaid,ii. s.
And for every sheete above that length,viii [...].
For the entry of the Oath of every witnesse to prove the surmise in a Prohibition, or Audita quercla brought by an Infant and the entry of the proofes de morte & vita viri, dower, and the like actions in suits,ii. s.
[Page 113]For the releasing of any default in any reall action,ii. [...].
And entring the recitall of the grand Cap.iv. s.
For damages cleere in every action where damage is given, if the damage given amount to five markes or above, ii. s. in the pound,ii. s. Nihil. xii. d.
And if under five markes,
For examining every record of N. i. pr.
For making the Record for triall of an issue in any of the County Palatine, for the first three sheetes,ii. s. iiii. d.
And for every sheete after,
For the exemplification of any Record, not exceeding six sheetes,v. s.
And for every sheete exceeding that rate,viii. d.
For the entring of Seism in dower, & dying seised, the retourn of the Seism, exceeding not above three sheetes,iiii. s. viii. d.
For every sheete exceeding,
For entring of writs of Exemption de non ponend. in jurat. and Patents de libertat. elocand. and Protections, cognizance of Pleas, and the like, according to the rates abovesaid, if they exceed not three sheetes,ii. s. viii. d.
And for every sheete exceeding,
For the entring the default upon the distresse in wast quar. imp. and the like, and judgement thereupon if the title or count doe not exceed three sheetes,6. s. [...]. d.
[Page 114]And if it be more than as aforesaid, for every sheete,viii. d.
For entring of a Quo warranto, if it exceed not three sheetes,ii. s.
For the entry of every Plea thereupon, according to the same rate before,ii. s. 8. d.
For the entry of a Plea of accompt pleaded before Auditors, if it be not above 3. sheetes written as abovesaid,ii. s. viii. d. And if more, for every sheet exceeding,
For the entry of every Summons, and Surveyance, and Pryor,ii. s.
For the admission of an Infant to his Prochin amie, or Guardian,ii. s. iiii. s.
And if it be by Commission,
For entring of the Defendants discharge upon a Cap. pro fine, or for a contempt,ii. s.
For the like upon Rescous, retorned and admitted to his Fine,iiii. s.
For traversing of a Rescous, and issue thereupon,vi. s.
For entring of the allowance of every generall and speciall Pardon of5. s. 4. d. Outlarie before judgement, and after
For entring of a Dies dat. in debt, detinue, and trespasse,xi [...]. d. ii. s.
And in all other actions,
For the entring of the receipt of a feme Covert, Tenant in taile, Lessee for yeares, or the like,ii. s.
And for the entry of the Plea, if it exceed not three sheetes,ii. s. viii. d.
And for every sheete exceeding,
[Page 115]And if the receipt be by writ, then more for entring of the writs,ii. s.
For the entring of an Assize deliver in the Common Pleas by Justices of Assize to be inrolled for every sheete,xii. d.
And if the Assize come into the common Pleas by Certiorar. then more for entring the Certiorar. ii. s.
For entring every abridgement of the demaundant in dower Assize, or the like,ii. s.
For the entry of every pone to remove a Plea by writ out of the County Court there holden by Justices, and for the retourne of the Pone, iiii. s.
For the entring of any Record sent in the Common Pleas by Mittimus, or otherwise; and likewise for the entry of every Rege inconsulto, or such like,ii. s. viii. d. if it exceed not three sheetes,
For every sheete so exceeding,
For the entring of every Certificate of Bastardy certified by the Bishop, and the awarding of the writ and judgement thereupon,vi. s.
For the entry of the Licence of the Court, to purchase a new writ by Journies accompts,ii. s.
For the entry of every Originall writ delivered of Record in reall mixt actions,ii. s.
For the entry of every sheete above three sheetes of every challenge to the [Page 116] Sheriffe or Coroners, or to the Aray or other speciall averments, or the like,viii. d.
For the entry of every Remanet in reall actions,iiii. s.
For the entry of every Remittitur in reall and mixt actions,iiii. s.
For the entry of every sheete above three sheetes of every aide pryer,viii. d.
For the entry of an admission of a Guardian, if it be by Commission and Mittimus, vi. s.
For the entry of a privy Seale for every sheete,viii. d.
For the entry of the Licence of the Court to compound upon penall Statutes,ii. s.
For entry of every warrant of Attorney made by the Tenant in the common Recoveries, or the like, after their appearance at the Bar▪ ii. s.
For every Judgement by speciall Commission of the title in Quare imp. or the like, if it exceed not three sheets,iiii. s. iiii. d.
And for every sheete after,
For the entring of every speciall imparlance,ii. s.
For the entring of every Committitur of a Prisoner by the Roll, being brought to the Bar by writ, and every [...]ender of the body in discharge of the Baile,iiii. s.
But if it be without writ, then in either Case but,ii. s.
[Page 117]For entring of every demaund of a prisoner to appeare and remaund the said prisoner,iiii. s.
For the entry of every Essoine in the Plea Rolls, as upon wagers of Law,xii. d.
For entry of the Baile upon every Reversall for insufficiency of Exigent, or of the Retourne,2. s. 4. d.
For the entry of every Declaration in debt upon demise, or the like speciall Declaration, if the Declaration exceed not three sheetes,ii. s▪
And if such Declaration exceed the number of three sheetes, then for the entry of every such sheete, containing twelve lines, and every line tenne words,viii. d
For the entry of every severall Count in actions upon the Case and Accompt, and the like upon severall daies, if the Accompt exceed not three sheetes,ii s. viii. d.
And for every sheete so exceeding,
For the entry of every severall Count upon an originall Debt, Detinue, Trespasse, and the like,xii. d.
For the entry of every speciall condition, or indorsement of any obligation entred in haec verba, not exceeding the length of three sheetes,ii. [...]. viii. d.
And for every sheete so exceeding,
But if the condition be in debt for paiment of money at one day, or under [Page 118] the length of two sheetes, then for thexii. d. entring thereof but
For the entry of every Mittimus, or Certiorar. and the Retourne thereof,iiii. s.
But if the Retourne thereof exceed three sheetes, then for every sheete so exceeding,viii. d.
For entring of the Count in a Prohibition, and pleadings thereupon after an appearance of the Defendant, not exceeding the length of three sheetes,viii. d.
And for every sheete above that length,viii. d.
For the entry of every writ of Attaint or false judgement,ii. s.
For the entry of the Retourne thereof and the assignement of Errors, or false Oathes, not exceeding three sheetes,ii. s. viii. d.
And for every sheete more,
For the entry of every sheete above three sheetes of the Oath of every witnesse examined to prove the surmise in a Prohibition, or Audita querela brought by an Infant, and the entry of the proofes De morte & vita viri in dower, and the like actions and suits,viii. d.
Fees due to the Prothonotaries for Writs, and the Entries of the [...] amongst other dues.
FOr every Writ of Prohibition or consultation, not exceeding four sheets,ii. s. iiii▪ d▪
For every Writ so exceeding,
For every Withernam return habend. after appearance, second deliverance, Writ of priviledge, habeas corpus. procedend. certiorare, Summons and Resummons, Pete, cape, ve. fac. sci. [...]a. Elegit, extent. superss. Sub pena Writ to the Bishop, Attachment in Ass. Distringas Iu [...]. habeas corpus, and Distringas in Ass. & Attaint, and the like hab [...]re Fac. possessionem, Writs of view, mittimus, Idemptitat. habeas, and every other speciall Writ.ii. s.
For the entring of such other Writ, which requireth an entring not exceeding four sheets,ii. s.
And if more, for every sheet exceeding as abovesaid,viii. d.
[Page 120]For every Ca. fa. & fi. fa. vi. d.
For every Testat. fur. ca. fa. & fi. fa. distringas ad deliberand. and Writs to enquire of damages in trespasses and Replevin,xii. d.
For Writs to enquire of damages in Covenant, Ejectment, Actions upon the case, and the like,ii. s. vi. d. x. d.
For every Capias pro fine,
For the Exigent, for a Capias pro fine.
For the entry of the Returne of every Writ in the Prothonotaries [...]oll other than the Ca. fa. returnd non est invent. and the fi. fa. returnd nulla habet bon [...] ▪ whereupon further processe is awarded not exceeding four sheets,ii. s. viii▪ d.
And if more, then for every sheet.
For the entring of every sheet of Priviledge or habeas corpus, with the Bayl for one cause,vi. s▪ ii. s.
And for every name more,
For entry of every Committitur upon a Habeas corpus una cum die & causa, ii. s▪ ii. s.
And for every other cause,
For every Reversall upon an Outlary for default of Proclamation with one name, and the Bayl o [...] nolle prosequi, 4. s. 4. d. ii. s.
And for every name more,
For every ca. fa. & fi. fa. after a devastavit, ii. s.
Whereof by allowance from the Prothonotaries the Clerke hath had,viii. d.
[Page 121]For every sheet exceeding four sheets of Writs to enquire of Damages in Covenant, Ejectment, Actions upon the case, and the like Actions,iiii. d.
For the Writ of Liberate, or the like speciall Writ,ii. s.
Whereof by allowance from the Prothonotary the Clerke hath had,viii. d.
For the entry of every such Writ and the entry of every other speciall Writ which requireth an entry not exceeding four sheets,ii. s. viii. d. xii. d.
And for every sheet so exceeding,
For every Distringas in petition,
Whereof the Clerke by allowance from the Prothonotary hath had,iiii. d.
For Writs to enquire of damages in Covenant, Ejectiment, Actions upon the case, and the like Actions if they exceed not four sheets,ii. s.
Whereof by allowance from the Prothonotary the Clerke hath had,viii. d.
For the entry of every Committitur, upon habeas corpus una cum die & causa with one cause returned besides the entry of the Writ,ii. s. ii. s. ii. s.
And for the entry of the writ,
And for every other cause returned, For the signing of all processe upon information, excepting the first Subpena,
The Prothonotaries Clarkes fees.
IMprimis, for the copies of common declaration and pleas for every sheet conteining twelve lines, and every line ten words,iiii. d.
For every sheet in Reall and mixt Actions, and Actions upon any Statute and the like,viii. d.
For drawing of every speciall declaration and plea, for every sheet,viii. d.
For every continuance every Terme of every issue writ, imperlance demurrer or speciall verdict or adjornment,iiii. d.
For exemplifying every Recovery with a single voucher,4. s. 6. d.
For exemplifying of a double voucher,vi. s. xii. d.
And for every voucher more,
For exemplifying of any Record not exceeding eight sheets,v. s. vi. d.
And for every sheet more,
For drawing of every extraordinary long writ after the rate for every sheet,viii. d.
And for the entry thereof (if it so require) for every sheet,iiii. d.
For a copy of a judgement for every sheet,viii. d.
For the entry of every writ, and the returne thereof into the Prothonotaries [Page 123] Remembrance for drawing up of avi. d. iiii. d. judgement if it exceed not three sheets.
And for every sheet after,
For entring of every Common Rule into the Bill of Pleas or Common Remembrance,iiii. d.
For the entring and ingrossing every Summons for a Recovery and for the making of the writ of Summons,ii. s.
For entry of every Mittimus and Dedimus potestatem for a Recovery,ii. s. 6. d.
For the ingrossing of every Nisi priùs after the rate for every sheet,iiii. d.
For entring of every Testat. sur. ca. fa. & si. fa. iiii. d.
For the search of one Terme in the Prothonotaries office in his d [...]ggets or Remembrances,iiii. d.
For the issuing out of the Court money if the party receiving it,i. d. in [...].
For the making of every long writ as Prohibitions & the like for every sheet,iiii. d.
For the prosecution and issuing out of proces for the King to bring in the party for to make fine for his contempt untill the party render himselfe o bee3. s. 4. d. outlawed besides the fees of the Court,
And if there because of Prosecution after the Exigent returned then more,3. s. 4. d.
For the copies of suggestion to grant a Prohibition for every sheet,viii. d.
For drawing of every surmise to have a Prohibition speciall verdict, and theviii. d. like, for every sheet.
The Prothonotaries Clerkes fees for Informations onely.
FOr engrossing of every information▪ viii. d.
For a copy of the said Information if it amount to the number of five sheets of paper, or upwards,3. s. 4. d.
If it be under the number of five sheets, then for every sheet,viii. d.
For the making of every Capias profine upon an Information,vi. d
For entring of the generall issue upon the Roll where the information was first entred in the Terme it was first exhibited,viii. d.
For the Registring of every licence to compound in the office book.iiii. d
An ancient fee due to the second Prothonotaries Clerks onely.
FOr recording of every Fine acknowledged at the Bar, writ and moved by a sergeant.iiii. d.
Fees due to the Secondaries of the Prothonotaries in their severall offices.
FOr the copy of every common Rule,iiii. d.
For taking a note of the Rule of the judges in Court upon the motion of a sergeant for drawing the same Rule in paper in Latin words and entring it into the Bill of Pleas and the copy thereof the draught not exceeding six lines in paper,viii. d. xii. d.
If the Rule exceed six lines then,
For every wager in law in Court or Nonsuit of the plaintife, upon a wager of law,xii. d.
For the entry of the Committitur of any defendant to the Fleet in execution of any judgement or otherwise in Court and for making a copy thereof for the Warden of the Fleet containing the cause of the Commitment,xii. d.
For the entring of every Commitment to the Fleet of any person yeelding himselfe in discharge of his Baile and for the like Copy,xii. d.
For attending him from his chamber to westminster to take a privy verdict cried at the Bar, [...]. s. 4. d.
[Page 126]For reading the Record of a demurrer in Court or verdict,xii. d. xii. d.
For taking Bail in Court,
For entring of an admission of an infant to his prochin Amy or Guardian in the Prothonotaries remembrance,xii. d.
For the copy of the issue and jurors names to be delivered to the jury upon any triall at the Ba [...],xii. d.
For reading of evidences upon trials at the Bar of each party plaintiffe and defendant,3. s. 4. d.
For entring of every satisfaction by speciall warrant Recordatur and discontinuance,viii. d.
For every satisfaction by generall warrant,iiii. d.
For entry of every Bill or Letters of Administration to enable an Executor or Administrator to acknowledge satisfaction and the entry of the satisfaction,xii. d.
For every copy of Interrogatories, depositions of persons examined upon Interrogatories by order of the Court for every sheet.viii. d.
A Table of the Fees due unto the Six-Clarkes of the Kings Court of Chancery.
FOr all first, second, or other Copies of all Bils, Answers, and other pleadings whatsoever, as also of all Certificates, and Examinations made or taken by vertue of any Commission out of this Court, and of the interrogatories therewith retourned, and also of all Declarations, or proceedings by English Bill, or according to the course of the common Law, and for copies of Records, Rolls, or Evidences brought in to be copied, or remaining in the said Court, for every leafe ofviii. d. paper containing fifteen lines,
For the inrolling of all Warrants, whereby any Patents, Commissions, Licenses, Pardons, Leases, or other Graunts whatsoever doe passe by, and under the great Seale, after the rate for every skin so passing the great Seale,xx. [...].
[Page 128]For the [...]nrolling of all warrants for all Commissions of peace for Gaole delivery, for a liberty for Oyer and Terminer, for Piracies for the preservation of the game of Swans, and for Commissions of enquiry sued out for the benefit of any private person, for every of the said Commissions.xx. d.
For the inrolling of all Warrants for all Commissions of appeale, and for the Admiralty, for every one of them,3. s. 4. d.
For the inrolling of every warrant, for every ordinary Licence, or pardon of alienation,3. s. 4. d.
But if it bee of more then ordinary length, then according to the length, after the rate of xx. s. the skin, and not above.
For the inrolling of all Warrants for all Commissions in the nature of Writs of Diem clausit extremum mandamus devenerunt, qu [...] plura ideotae proband. [...]unatico inquirend. melius inquirend. for every of them,3. s. 4. d.
For the inrolling of the warrants for every Patent or graunt of the custody of any Ward,6. s. 8. d.
For the inrolling of the warrants for every presentation, donation, or revocation to any Rectory, Vicaridge, Deanery, Archdeanery, Chancellorship, [Page 129] Treasurership or dignity to any Metropoliticall, Cathedrall, or Collegiat Church, or for any Canonship, or Prebend in any of the said Churches, or for the Mastership of any Hospitall, or other Ecclesiasticall living, or for the grant of any presentation, or presentations pro unica vel pluribus vicibus thereunto,3. s. 4. d.
For the inrolling of the warrants for every Mandamus ad installand. 3. s. 4. d.
For the inrolling of all warrants for all Licenses for Wines for every life,3. s. 4. d.
Or such Fee not exceeding that proportion, as by the Lord Chancellour, or Lord Keeper shall be set downe, and by an order lately made by the right Honourable the Lord Keeper that now is, there is but vi. s. viii. d. paid, although it be granted for their lives, or more.
For the inrolling of the warrants for every pardon of Outlawrie,3. s. 4. d.
For the inrolling of the warrants for every denization, or commission of Bankrupts,3. s. 4. d.
For the writing of every Exemplification, aswell of Records in the Tower as of any Record whatsoever, being in their custody after the rate of every skin,26. s. S. d
[Page 130]Of every Client for every Terme hilest his cause dependeth, undetermined by decree, or dismission, the termely fee of3. s. 4. d.
If there be twenty Plaintifes or more in one Bill, they all pay but one Fee for one Terme,3. s. 4. d.
But for every three Defendants accounting the husband and the wife, but for one person there is the Fee of iii. s. iiii. d. due for their first appearance.
And upon the first appearance, if every Defendant appeare severally by himselfe, he is to pay the fee of iii. s. iiii. d. but every Terme afterwards during the continuance of the cause, there is only the Fee of iii. s. iiii. d. the terme to be paid for all the Defendants that appeared in any Terme or Vacation before in the same cause.
For every Attachment, and attachment with Proclamation, which is made in their offices, aswell renewed as other, unlesse the renovation grow by occasion of the default of the Clarke,ii. s.
For every commission of rebellion renewed, or otherwise, unlesse the renovation be by the like default of the Clarke,viii. s. ii. s.
For the inrollment thereof,
And for the inrollment of every commission of Rebellion issuing out of the Court of Starchamber,ii. s.
[Page 131]For the inrollment of every liberate and allocate,3. s. 4. d.
For every Commission aswell renewed, as other, to take an answer to heare and determine, or to examine witnesses either beyond the Seas, or in any place or part whatsoever of England, Scotland, or Wales, unlesse the renovation be occasioned by some defect in the former Commission, occasioned by the default of the Clarke, and not of the Client, the summe of6. s. 8. d.
And if the Commission to examine witnesses bee joynt, then to each attorney,6. s. 8. d. 6. s. 8. d.
And if it be ex parte, then but one,
For every Commission upon any order of the Court, aswell renewed as other, unlesse the enovation be by the like default of the Clarke,x. s.
For every writ of Execution upon any Order,6. s. 8. d.
For ingrossing every Bill in Chancery hand, wherein answer is to bee made by Commission, for every leafe,vi. d. xxxiii. [...] & iiii. d.
For drawing and inrolling of every decree and dismission respectively,
And neither they, nor their Clarkes to take any further Fees.xxvi. s. & viii. d
For every writ of Execution upon a Decree, after the rate for every skin,
For the writing of every Sheriffes patent, and for the writ of assistance, [Page 132] writ of Discharge, commission to take the Sheriffes oathes, the Attournies Fee, as also for the warrant of Attournie, and the writing of the two oathes,30. s. 8. d
And for the ten divided Counties mentioned in the acts of Parliament made in 8. & 13. Eliz. to cleare all future mistakings or doubts, they shall for the time to come take but halfe so much as for other Counties whatsoever hath been used heretofore, and neither they, nor their under-Clarkes are to take by any colour any other Fee for Sheriffes Patents then aforesaid.
The like Fees for every English Escheator, saving for the warrant of Attorney,30. s. 4. d
For the drawing and ingrossing of every Injunction, the Fee,13. s. 4. d
But the inrolling of Injunctions is of little use, and needlesse, except only in speciall Cases, when the Court shall appoint them to bee inrolled, and then it is to be done without any new Fee.
For every Supersid. for the discharge of any commission, or other writ made [Page 133] in any of the six Clarkes offices,6. s. 8. d.
For every Supersid. of priviledge, pro venientibus vel redeuntibus ad vel a Cancellar. 6. s. 8. d
For every speciall Certiorar. or procedendo corpus cum causa, or habeas corpus, 6. s. 8. d.
For every baile upon every writ of corpus cum causa, or matter of priviledge,ii. s.
For all manner of Certiorar. and procedend. of course,ii. s.
For every Recognisance or Bond made to the Court,ii. s.
The six Clarkes are to present their Clients causes which are to bee heard either in Court, or at the Rolls, but neither they nor their under Clarkes, nor any other are to take any fee or reward at all therefore, but to rest content with their Fees allowed in this table of Fees.
Ordinances made by Thomas Lord Coventry, Lord Keeper of the great Seale of England, with the advise and assistance of the right honourable Sir Iulius Caesar. Knight, Master of the Rolls, in the Terme of S. Michael the Archangel, in the eleventh year of the raigne of our Soveraigne Lord King Charles, for the redresse of sundry Errors, Defaults and Abuses in the high Court of Chancery, 17. Novemb. 1635.
1. THat Bills, Answers, Replications, and Rejoynders bee not stuffed with repetition of Deeds, or writings in haec verba, but the effect and substance of so much of them only as is pertinent and materiall to be set downe, and that in effectuall and briefe termes, that long and needlesse [Page 135] traverses of points not traversable, nor materiall, causelesse recitals, tautologies, and multiplication of words, and all other impertinencies occasioning needlesse prolixity be avoided, and the ancient brevity and succinctnesse in Bils, and other pleadings restored, and upon any default herein the party and counsell under whose hand it passeth, shall pay the charge of the copie, and be further punished as the case shall merit.
2. When the Defendants have answered the Plaintiffes, and their counsell are seriously to advise of the answers, and if they finde that upon the answer alone, without further proofe, there be sufficient ground for an order or decree to proceed upon the answer without further lengthening the cause, or if it be needfull to prove one or a few particular points to reply unto those points, and not to draw into pleading, or proofes any more than those necessary points, thereby making long bookes, and putting both sides to unnecessary charges, the defaulters herein to be punished by paying the charge of the copies, or otherwise, as the cause shall require.
3. That interrogatories for examining witnesses be drawne only upon points materiall, and not upon matters [Page 136] which are either consessed in the pleadings, or are impertinent and needlesse to be proved, That the articles which are usually thrust into the beginning of every Schedule of interrogatories, as it were of forme or course, touching the witnesses knowledge of parties, plaintiffes or defendants of the lands, towns, & places in the pleadings, and the like, be not so needlesly used as they are, but if for crosse examining any witnesse, or for other speciall reason, it shall be necessary to minister any such question, every man is left at liberty to doe therein as much as shall be pertinent and needfull in a d [...]e and sitting place, and if any shall offend against this, the party and such as drew the interrogatories shal be punished by paying as much as the other side is by that meanes over-charged in copies, and further as the case shall merit.
4. When the parties are at issue, and doe proceed to examination of witness [...]s either in Court, or by Commission, as the interrogatories are to be pertinent and materiall, so the witnesses are to be sorted by those that produce them, that they may be examined upon such interrogatories as are proper and sit for them, and not to examine a multitude of witnesses upon a multitude of questions altogether unknown to them, [Page 137] as it is too frequently done upon paine that where any grosse abuse or default herein shall bee made appeare to the Court, the defaulter shall pay as much as the other side is by that meanes overcharged in copies, and shall be further punished if the Court see cause.
5. When a Commission is awarded to examine witnesses, if by the default of him that hath the carriage of the Commission or his Commissioners nothing is done, he shall beare all the charge that the other side was put unto about that Commission, either for Fees of Court, bringing, or entertaining Commissioners or witnesses, or otherwise to be ascertained by the oath of the party, or of him that disbursed the money for him, and shall renew the Commission at his own charges.
6. When a Commission is awarded to examine witnesses, and the one side produceth and examineth all his witnesses, and the other side doth not, but pray a new Commission, if it be granted, he shall beare as the charge of the renewed Commission both in Court and in the Countrey, as well for the charge and entertainment of his owne Commission, as of the Commissioners of the other side, and the other side shal be permitted to crosse examine the witnesses produced by him that reneweth [Page 138] the Commission, but if he will examine any other witnesses of his owne, then he shall beare his owne part of the charge, the charges herein mentioned to be ascertained by the oath of the party, or of him that disbursed the money for him.
7. He at whose instance a Commission to examine witnesses after a former Commission executed and returned is once renewed, and he by whose default, or by default of his Commissioners a former Commission was not executed, and thereupon it is renewed, shall at his perill examine all his witnesses by that renewed Commission, o [...] examine them in Court by the end of the Terme wherein that renewed Commission is retournable, without any more, or further delay.
8. When witnesses are examined in Court upon a Schedule of interrogatories, there shall be no new interrogatorie put in to examine the same witnesses, but the witnesses shall be examined only upon such interrogatories as were exhibited before the witnesses to be examined were sworne, neither shall any witnesses be examined in Court after the day of publication, though they were sworne before, so as a copie of the rule of publication be delivered to the examiner, whereby he may take know ledge of the publication.
[Page 139]9. When witnesses are examined in Court, they shall perfect and subscribe their depositions unto such interrogatories as they have answered before they depart from the Examiner, or his deputy, and shall not be permitted to make any alterations thereof at any time after, without leave of the Court, unlesse it be in some circumstance of time, or the like, or for making perfect of a summe upon view of any deed, booke, or writing which the witnesses shall shew to the Examiner, before hee admit of such alteration.
10. The six Clarkes who are the only Attournies in this Court, ought to informe themselves continually of the state and proceedings of their Clients Causes, whereby they may be able to defend their Clients, and to give account to the Court as the Attournies in all other Courts doe, and not to leave the care and knowledge thereof upon their under Clarkes who attend not in Court, and the Clients and such as follow their Causes are to acquaint their Attournies for that purpose.
11. Such as desire to have their Causes set downe for hearing, must repaire to the six Clark that is Attourney in the Cause, at least six daies before the end of the Term, that the six Clark may inform himselfe of the state of the [Page 140] cause of the long or short dependance thereof in Court of the antiquity of publication of the weight or value of the causes, and all other circumstances materiall, to informe the Lord Keeper, or the Master of the Rolls at the time of setting downe of causes, and the six Clark may not refuse to offer the same to be set downe, if he be attended in such due time as aforesaid, nor come unprepared to inform the Lord Keeper or Master of the Rolls of the nature & circumstance of the cause aforesaid, and neither he, nor any of his under-Clarkes, nor any other are to take any Fee, Gratuity, or Reward for the same.
12. The Registers in drawing up Orders shall use all convenient brevity according to the manner of ancient times, they shall mention the materiall Reports, Affidavits, and former Orders upon which any new Order is grounded to have been read, but shall not repeat the same, they shall not unlesse it be by speciall direction of the Court, fill any Order with the disputes of Councell, nor with reasons and allegations pro & con, nor mention any reasons but such on which the Court relyed in making the Order, and those with brevity and clearenesse, and if they deliver a draught or copie of any Order [Page 141] to be perused by Councell, if it be not brought back within 24. houres, they shall enter the Order without attending any longer for an answer from Councell, only they shall forbeare the entries of Decrees and dismissions, untill they be signed, that the Lo: Keeper and the Master of the Rolls may reforme them, if there be cause at the signing.
13. Whereas the excessive and unnecessary length and charge of writs de executione decreti have been complained of, from henceforth unlesse the party that sueth out such Writ shall desire that the whole Decree as it is signed and inrolled be therein recited, the writ, if it be only for paiment of money shall make no other recitall but to this or the like effect, Cum per quoddam Decretum in [...]ur▪ Cancellar. nostr. die Ann [...] [...]egni nostri ordinat. & adjudicatum exist [...]t quod tu solveres A. B. centum l b. legal. monetae Angl. t [...]b [...] praec p [...]mus & firmi [...]er injungend. mandamus quod praed. centum l [...]b. praefat. A. B. debit. mod [...] solvas et hoc nullatenus om [...]ttas periculo incumbente. And if the money by the Decree be payable at certaine daies, or places, then the same daies and places to be expressed in the Writ without any further recitall, and if the Decrees bee [Page 142] for doing other things to be performed by the party or parties to whom the said Writ is directed, then no more shall be recited in the Writ but the very decretall order, unlesse the decretall order doe in such manner refer to a Report, or Certificate, as without recitall of those points of the Report, or Certificate which are to be performed by the parties to whom the said Writ is directed, it will not appeare what is to bee by them performed, and in that case so much of the Report, or Certificate as is to be performed by the said parties shall be recited, and the order confirming the same, and no more unlesse it be desired by the party suing out the said Writ, and the Fee thereof to bee paid, shall be after the rate prescribed in the table of Fees, and no more.
14. Every demurrer shall containe the causes of the demurrer, and the Counsell who set their hands to it, are to beware that those causes be not triviall, and where a demurrer or plea is grounded upon the substance and the body of the matter, it shall be determined in open Court without reference, and the Register at the instance of the party demurring, shall without any Fee put into the paper of causes after the hearing and assigning a speedy day to every one in order, as hee [Page 143] commeth to require it, and if the Defendant who demurred make no such instance to the Register within eight daies after the plea and demurrer is put in Court, the same without any motion shall be disallowed of course as put in for delay, and the Defendant shall pay ordinary costs, provided that the Register doe not without speciall warrant put above two of those demurrers into the paper upon one day.
15. If the demurrer be grounded only upon some error, slip, or mistaking in the Bill, no Reference shall be made thereof for a week after it comes in, but the Plaintife without any motion shall be admitted of course to amend the said error, slip, or mistaking, paying to the Defendant, or his Attourney for his use costs as the sixe Clarkes not towards the cause shall thinke fit, but if the Plaintife in that time doe not amend or alter it, then if the Defendant doe nothing therein within a week following, by getting it ruled or referred, it shall be disallowed of course without any motion as put in for delay, and the Defendant shall pay ordinary costs: but if the Plaintife not amending the same as aforesaid, it bee ruled against him upon Reference, or otherwise, he shall pay the ordinarie costs.
[Page 144]16. When a Plaintife excepteth to a Defendants answer, he shall set down his exceptions in writing, and deliver it to the Councell whose hand is to the answer, or to the Defendants Attorney in Court, and if the Defendants doe within a weeke satisfie the Plaintife of the invalidity of his exceptions, or amend the answer in the same time, or agree with the Plaintife, or his Attourney, or Sollicitor to amend it by such a time as shall be agreed on betweene them, and doe amend it accordingly without putting the Plaintife to obtain a Reference, or make any motion therabouts, then the Defendant shall pay no costs, and if any Plaintife shall presse and procure a Reference within this time, or before this course taken, the Reference shall be void, as obtained surreptitiously; But if the Defendant doe neither satisfie the Plaintife, nor amend his answer in manner aforesaid, then if upon Reference or otherwise his answer be ruled insufficient, he shall pay costs according to the course of the Court.
17. The Masters of the Court shall prefixe convenient, but not overlong daies for hearing such matters as are referred to them, and at the times prefixed shall proceed without admitting any fained or dilatorie excuses, especially [Page 129] that Councell are otherwise imployed, or cannot attend, or are not instructed (there having been notice and time enough allowed, or the like, and after the daies shall speedily send in their Reports for the case of the Clients attendance, which cannot but draw great charge.
18. If the Case be such as the Master cannot proceed in the absence of either party, or his Counsell without just cause absenting, the Master is presently to certifie the Court of the default, that the defaulters may be punished by Commitment, Costs, or otherwise, as the cause shall merit, and if the Master doe use or willingly admit any grosse delay, the Reference is to be removed, and the Master rebuked by the Court.
19. The Masters of the Court are not upon the importunity of Councell, or Clients to make speciall Certificates of matters wherein the Court expects an opinion from them, nor are to doe it, but where their owne judgements in respect of difficulty leadeth them to it, it occasioning for the most part a needlesse trouble to the Court, and both delay and expence to the party.
20. No Reference shall be to a Master whether an injunction shall bee granted or not, but the same to passe [Page 132] upon the opinion and judgement of the Court, but if the Court thinke the matter informed sufficient for an injunction, but is doubtfull of the truth any point of the information: The Court when it cannot otherwise be fitly done, may be certified thereof by a Master who is then to certifie not only whether the information be in substance true, but if there appeare other matter to confesse and avoid, or otherwise ballance that information he must not conceale it, but give the Court a cleare and true information.
21. No References are to be made either to Masters, or others (unlesse it be by assent on both sides) to heare and determine the cause upon all the proofes or otherwise; but when the Court hath heard it, and reduced it to particular points, specially if these points have relation to Accompts, or matter of that nature, the Court may fitly leave such to be reduced to certainty by a Master.
22. The Register shall within tenne daies after the end of every Term certifie to the Lord Keeper what References depend in the hand of any Master, and how long they have depended, that if any of them have depended overlong, the Court may require an account thereof from the Master, and [Page 133] quicken him to a speedy dispatch.
23. When a Master certifieth the sufficiency or insufficiency of an Answer, Plea, or Demurrer, if either party rest not in the Report, but trouble the Court to determine it, if the Masters Report be confirmed, he that opposeth it shall not pay double costs.
24. Where the Masters of the Court doe sometime by way of inducement fill a leafe or two of the beginning of their Reports, and sometimes more with a long and particular recitall of the severall points of the orders of Reference, they shall forbeare such iterations, the same appearing sufficiently in the orders, and without any other repetition then thus, According to an order, or by direction of an order of such a date, shall fall directly into the matter of their Report, setting downe the same clearely, but as briefly as they can, for the ease both of the Court, and the parties.
25. That Counsellors be carefull what motions they make, and especially that they move not for any thing which may be had of course without motion, nor for such thing as cannot be granted, as being a constant rule of the Court or common Justice, nor yet for such things, as being granted, serve for little or no purpose, And before [Page 136] they move the Court, they be sure to be well informed and instructed, lest i [...] the orders obtained by them upon misinformation to be after avoided, their Clients or themselves bee deservedly punished with costs, or otherwise.
26. When orders be made, especially if it be upon hearing of Councell on both sides, or after day to shew cause given, and none shewed there being a timely notice, both sides are to rest in it without troubling the Court with new motions to crosse it, unlesse the Counsellour that moves it, be sure that the matter he hath to crosse it be weighty and important, and will be well proved upon the motion, such as shall doe the contrary are to be punished with good costs, and otherwise, as the Court shall finde cause.
27. That no Counsellour put his hand to a Bill, Answer, or other pleading, unlesse it be drawne by himselfe, or at least perused by himselfe in the paper draught before it be ingrossed, and that the Counsellour that puts his hand to any such, shall be answerable for all things therein, either against these orders or any other the orders or rules of the Court, except only such things as are not to be misliked but for untruth, for which the Client if he informed it, or such as caused it to be put [Page 137] in without his warrant or information, shall be answerable.
28. If any Counsellours shall presume to move for one in forma pauperis that is not so admitted, and shall under that pretence move a second motion, the Register shall enter neither of his orders, but shall within foure daies acquaint the Lord Keeper, or Master of the Rolls with the abuse, that he that did it may be condignely punished.
29. Counsellours before they take on them to informe by motion, or otherwise that any thing is contained in the Bill, Answers, Pleadings, Proofes published, or in any Deeds or Records, ought to be carefull in perusing the same themselves, and not to rest upon the information of the Client, o [...] his Sollicitor, who cannot so well judge of them, and whose part it is to produce those things unto the Counsellours, but it is the Counsellours part to direct how far forth the same are to be pressed or urged to the Count, and they are to sustaine the blame or punishment, if either wittingly or negligently, for want of reading or perusing, they abuse the Court therein.
30. For avoiding a multitude of idle petitions drawne by persons altogether ignorant of the orders and course of the Court, or the true state of the petitioners [Page 140] businesse that petitions before they be presented to the Lord Keeper, or the Master of the Rolls be shewed to that six Clarke, who is the petitioners Attourney in Court, or to his, and by him approved and subscribed, for which no Fee shall be taken, and this is not to be understood of petitions advised and signed by Councell, nor petitions containing any matter of complaint against the Attourney or his under-Clarke.
31. All the Clarkes of this Court, in copying, ingrossing, inrolling, or other writing, shall doe the same fairely, orderly, and Clark-like, not doing it wastfully, nor in lesse Skins or Rolls of parchment, or leaves of Paper then ought to be, thereby increasing their owne and their Masters profit, or the Subjects charge, and if the Master of the Office upon complaint to him, doe not doe right therein, the Lord Keeper, or the Master of the Rolls shall punish both the Master and the Clarke, and yeeld recompence to the complainant upon complaint made to either of them, within two Termes after the offence done.