suit or any part of it his Bill shall be dismissed and never after retained No Process of contempt shall go out for a Pauper untill it be signed by the Six-Clerk who dealeth for him and he must see there be cause for it In all Offices where he hath any occasion to pass any thing he must still shew his Admission Touching Petitions for the avoiding the multitude of frivolous ones drawn by persons who are altogether ignorant of the practice and course of the Court and the true state of the Petitioners business it were to be wished that none but able Sollicitors such as are described before both for Learning and Parts and not every broken fellow that can scarce write his name be allowed by the Court to practise as is before mentioned Page 27. SECT VI. ANother thing fit for our Sollicitor to know is the matter of Affidavits and how they are to be made that they may be effectual You must know then that Affidavits are most generally made before Masters of the Chancery but where it is for the serving of a Subpoena they are sometimes taken and certified by others An Affidavit may not be taken against an Affidavit for if it be the latter is not to be used An Affidavit ought not to be taken tending to the proof or disproof of the matter in question nor may any such matter be admitted to be colourably inserted into an Oath made of the serving of Process Caryes Rep. 63 69 81 82 84 85 98 99 103. There is also another point fit for our Sollicitor's knowledg for many times there may be some one belonging to the Court who is thereby a priviledged person by which means he cannot be sued for debt In such Case and against such a person so priviledged a Declaration for debt or any other thing whereof the Court holdeth Plea is to be delivered to one of the Six Clerks whom the Plaintiff maketh as his Attorney and he thereupon giveth a day as is commonly termed which is a week viz. the whole next Return to the Defendant to answer which day entred into the Six-Clerk's Costs-book in this manner Roberts against Johnson a day is given from the day of St. Michaâ—l in one Moneth in a Plea of Priviledg Day being thus given the Declaration under the Attorneys hand is sent over to the Petty-bag by one of the said Attorneys Clerks which Declaration is briefly entred by one of the Clerks there and likewise the day that is given to the Defendant to answer in a Roll there which is called Rotulus rememorationis Parvae-Bagae at which day by the course of the Common Law if the Defendant plead not he is fore-judged the Court But of late the course hath been to allow the Defendant a day of Imparlance that is day till the next Return after the Return given him to answer which is in this manner The Defendant retaineth one or other of the Six Clerks who imparleth or him which is done in the Six Clerks Costs-book in this manner Roberts against Johnson Imparlance until the morrow of All. Souls at which day it is sent over into the Petty-bag to be entred into the aforesaid Roll next under the said Declaration The said day of Imparlance being past another day viz. commonly five dayes in a week which is commonly called the Peremptory day is given by the Plaintiffs Attorney and entred into the Petty-bag as aforesaid to the Defendant to plead or else Judgement is to be entred against him If the Defendant plead his Plea is delivered by his Attorney to the Plaintiffs Attorney and then if the Plaintiff will proceed to a Tryal he is to joyn up the Issue if he may for in some Cases he cannot or else the Plaintiff is to reply and give the Defendant a day viz. a whole Term to joyn up Issue which is given and entred as the day to answer and if the Defendant by that day joyns not up the Issue Judgment is entred up by Nihil dicit Here note That after a Peremptory day given the Defendant cannot pray Oyer of the Bond and Condition or such like as of late hath been used for â—meer delay but if the Issue be joyned up either by the Plaintiff or Defendant then is the Record made up and the same with a Venire facias is sent into the Kings Bench to be tryed as an Action there at Issue and upon Judgment there execution is thereupon there awarded But if the Defendant refuse or neglect to imparl at the day given him to answer or plead for he may plead if he will at that day then is Judgment entred against him and execution is awarded Upon Judgment either by default or Nihil dicit some of these Writs of Execution are awarded If for Debt the Plaintiff may have an Elegit by Westminst 2. Cap. 18. or else a Levari facias or Fieri facias and if the Plaintiff cannot levy his Debt and Damages then he shall have a Capias ad satisfaciendum either for all or so much as resteth unsatisfied The Judgment being satisfyed the Plaintiff by himself or his Attorney if the Defendant desire it doth acknowledg satisfaction upon the Judgment in the Petty-bag-Office It is to be noted that whatsoever day is given by any of the Six Clerks and by them entred in their Book is yet worth nothing if the same be not entred in the Petty-bag This is the course used against a person that is priviledged by a Forrainer but if a Forrainer be indebted to a priviledged person or incur a suit then you must observe this couâ—se that followeth The Defendant being Arrested by an Attachment of Priviledg at the suit of a Priviledged person as aforesaid must retain one of the Six Clerks to his Attorney and must put in Bail to the Plaintiffs Action according to the course of the Court which is to appear from day to day untill the Plea be determined to satisfy the Plaintiff all such sums of money as the Plaintiff shall recover against him by reason of this suit then the priviledged man putteth in his Declaration and thereupon the proceedings are the very same as before against the priviledged man By the course of the Court the Defendant is to put in four Subsidy-men or sufficient Sureties be the Action never so small as appears by Archibald and Burialls Case 23 El. wherein the Defendant is bound in 400 l. the sum of the Action and every surety in a hundred pounds If Judgment be given for a priviledged person in this Court he may if he will take out Execution as before but if he will not then he may take out a Scire facias against the Defendant and his Manucaptors upon the Bail whereupon if Judgment be upon the said Soire facias in the Chancery then Execution is there awarded but if upon Issue joyned and sent into the Kings Bench and upon Tryal there Judgment be given then is Execution there awarded and upon
any matters Tothil 173. CHAP. V. Shewing our Sollicitor several other Incidents which be ought to be skilled in and much relating to his Practice HAving now in the former Chapter and the several Sections thereof passed through the general proceedings of the Chancery upon Bills Answers and all other things even to the Decree and Review thereof there are yet some things remaining which in many cases are not only incident but even essential to those affairs wherein our Sollicitor ought to be particularly skilled And the first of these is concerning Injunctions And this is looked upon in the general Acceptation as a main and chief branch of the power of the Court for that it makes stay of Procedings at Common Law and as before is said is many times granted to gain possession of Land and so becomes subsequent to the Decree Where it stays proceedings at Law in some cases it gives leave to go to Tryal and Judgment but stays Execution and where the matter of Law is tryed it bars them from Judgment as the cause may be Or where there is a Judgment and that executed it will stay the money in the Sheriffs hand after the party is arrested at Law for the money This Writ is commonly procured either upon some Writing or matter of Record plainly appearing or upon a very old Debt that hath long slept Creditor and Debtor being both dead or in such cases where the Defendant doth not appear but fits an Attachment or if he appear either Answers not the Bill or confesseth not so much thereof as is sufficient Where either the Defendant is beyond the Sea or being in the Kingdom doth absent himself so that he cannot be served or where upon any pretence he hath gotten time to answer the Court doth usually in those cases upon motion grant an Injunction to stay suit till the Defendant doth appear Where a Commission is granted to take an Answer in the Country an Injunction upon motion will be granted to stay the Defendants Suit at Law if any be till the Answer come in and of this the Defendant is bound to take notice though he be not served therewith Where there is a Verdict at Common Law in an Action of Debt and a Bill be afterwards here exhibited for Relief the money must be deposited in Court before an Injunction can be obtained unless in some cases where some special matter in Equity appears by the Defendant's Answer or in some former Decree Where a person priviledged in this Court is sued elsewhere that Suit may be stayed by an Injunction Where Timber is unjustly felled ancient Meadow-ground plowed up ancient Pastures that have not been plow'd up in twenty years before or for the Maintenance of Inclosures kept in twenty years before an Injunction is grantable according to the case Where an Injunction is granted to quit a possession it is granted of Houses and Land only and not of a Rent or such-like thing and it is not to be granted before the hearing of the cause unless upon an Oath that the Plaintiff was in possession at the time of the Bill put in and then only of that possession he had then and three years before and at the time of the motion and not be extended to the possession of those from whom he claims And this shall not hinder the Defendants Suit in Law making of a Lease taking of a Distress c. And this Injunction will soon be dissolved again if the Plaintiff delay his Suit Where it is to stay or remove a Suit by Certiorare Bond must be first given that the Bill hath matter sufficient in it to bear it and shall be proved true within fourteen days after he hath the Writ and if it be not done in that time after Certificate of his neglect from the Examiners it shall be dismissed with costs and a Procedendo granted Where the Injunction is to be obtained by motion for matter in the Answer there the case must be put in writing to the Court. Where it is granted upon the merit of the cause or upon special cause in equity it is to stand till the hearing unless the Plaintiff delay his Suit This Writ thus obtained must be served either on the party himself his Counsel Attorney or Sollicitor c. as the case requires and the manner of serving is much like to that of serving a Subpoena A bare Petition only will not dissolve an Injunction nor if it be had by motion can it be dissolved without a motion of the adverse party Where an Injunction is granted till the Answer be put in and no order be made to continue it within fourteen days after the Answer come in in this case it shall be dissolved upon the Register's Certificate thereof only And if no Motion be made that Term or at the next General Seal after the Term to continue it for insufficiency of or matter confessed in the Answer it is of course dissolved so where it is to stay a Suit at Common Law and the Plaintiff doth not proceed for three years together Where the Injunction is disobeyed if you would force obedience thereunto upon Oath made thereof all the Processes of Contempt are to go out against him one after another and being taken he is to be imprisoned till he yield obedience to it or give security to do it Nor is he to be heard in the principal case till he yield obedience in every thing to the Injunction Tothil 107. Caryes Rep. 112 113. SECT 2. Another materiall point is about Dismissions and how they are to be managed and attained Concerning which he is to know That this is prayed by motion and had upon Plea to the Bill or at the hearing of the Cause but not after Examination of Witnesses before hearing but upon a discontinuance of prosecution and then by motion and order Where the Plaintiff discontinues his Prosecution after all the Defendants have answered by the space of two Terms the cause is to be dismissed the third Term upon course but after a Replication put in it cannot be dismissed without an Order upon a Motion Where a Cause is dismissed upon a full hearing recorded and certified by the Lord Chancellor it cannot be again retained nor a new Bill admitted but where there is new matter Where the Bill is duly dismissed of course or by order no motion will be heard to retain it till the costs assessed upon the dismission be paid and certified from the Clerk on the other fide that it is done No Dismission or retainer upon a Dismission will be granted on a bare Petition only In cases of Dismission not upon a full hearing to a new Bill this may be pleaded But generally for all causes of Dismission the Court will retain and dismiss it as they see cause as daily practice and experience doth plainly manifest See Caryes Rep. 34 43 74 76 110. SECT 3. A Third point much and frequently incident to practice are References to the
satisfaction of the Debt and damages the Bail is to be discharged upon the acknowledgment of satisfaction as before is mentioned against the priviledged person If either the Plaintiff or Defendant upon Declaration of Priviledg or Scire facias demur in Chancery the Demurrer being joyned a day is set down by the Lord Chancellor or Lord Keeper for the arguing thereof before him And if upon the Argument it fall out to be a Respondeas ouster then Judgment is entred thereupon and if it be against the Defendant then Execution is awarded and if against the Plaintiff then it is that Nilcapiat per Billam that he take nothing by his Writ or Declaration But if it be a Respondeas ultra then is the Defendant to pay costs and a day given for him to plead peremptorily or Judgment to be entred Thus have I quite gone through the whole practick part wherein our Sollicitor ought to b◠versed I shall in the next place give you a Table of Fees which in regard he may in dealing for Clyents have occasions for frequent disbursments I think it very necessary which are in short these and shall make one entire Section and the last of this Chapter SECT VII A Table of Fees  l. s. d. FOr all first second or other Copies of all Bills 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 Interrogatories therewith returned 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 copyed or remaining in the said Court for every sheet of paper containing 15 lines 00 00 08 For the inrolling of all Warrants whereby any Patents Commissions Licenses Pardons Leases or other Grants whatsoever do pass by and under the Great Seal after the rate of every skin so passing the Great Seal 00 02 00 For the inrolling of all Warrants for Commissions of the Peace or Goal delivery for a liberty for Oyer and Terminer for Pyracies for the preservation of the Game of Swans and for Commissions for enquiry sued out for the benefit of any private person for every of the said Commissions 00 01 08 For the inrolling of all Warrants for all Commissions of Appeal and for the Admiralty for every one of them 00 00 04 For the inrolment of every Warrant for every ordinary License or Pardon of Alienation 00 03 04 But if the same be of more then ordinary length then according to the length after the rate of ten shillings the skin and not above 00 10 00 For inrolling all Warrants for all Commissions in the nature of Writs of Diem clausit extremum Mandamus Ideota proband ' Lunatio ' inquirend ' Melius inquirend ' for every of them 00 03 04 For inrolling the Warrants for every Patent or Grant of the Custody of any Ward 00 08 08 But this of Wards I suppose now to be of little use in regard all manner of Wardships are quite taken off by a Statute made in the 13th of King Charls 2. For inrolling the Warrant for every Presentation Donation or Revocation to any Rectory Vicarage Deanary Archdeaconry Chancellorship Treasurership or Dignity to any Metiopolitical Cathedral or Collegiate Church or for any Cannonship or Prebend in any of the said Churches or for the Mastership in any Hospitall or Ecclesiasticall Living or for the Grant of any Presentation or Presentations pro unica vel pluribus vicibus thereunto For the Inrolling of the Warrants for every Mandamus ad Installand ' 00 03 04 For the Inrolling of all Warrants for all Wine-Licenses for every life 00 03 04 Or such Fee not exceeding that proportion as by the Chancellor shall be set down though formerly they paid if it were granted for three lives but 00 06 08 For the inrolling Warrants for every Pardon of Outlawry 00 03 04 For inrolling Warrants for every Denization or Commission of Bankrupts 00 03 04 For writing of every Exemplification as well of Records in the Tower as of any Record whatsoever after the rate of every Skin 01 06 08 The Six Clerks Fee of every Clyent for every Term whilst his cause dependeth undetermined by Decree or by Dismission the Termly Fee of 00 03 04 And so if there be twenty Plaintiffs in one Bill they all pay but one Fee for one Term. But for every three Defendants reckoning the husband and Wife but for one person there is due for their first appearance 00 03 04 And upon the first appearance if every Defendant appears severally by himself he is to pay the Fee of three shillings four pence but every Term afterwards during the continuance of the Cause there is only the Fee of three shillings four pence the Term to be paid for all the Defendants that did appear in any Term or Vacation in the same Cause  l. s. d. For a Writ of Subpoena to answer 00 02 06 If there be three in the Writ you pay more 00 00 06 For an Attachment 00 02 10 For breaking it up with the Sheriff and his Warrant thereon 00 02 04 For the return of the Attachment 00 00 04 For a Proclamation of Rebellion 00 02 10 Breaking it up and Warrant 00 02 04 The Return 00 00 04 For a Commission of Rebellion 00 18 02 For the inrolment of every Liberate and Allocate 00 03 04 The Rule which the Plaintiff gives the Defendant to make answer by a day when the Defendant appeare 00 00 04 For each Rule for publication after examination of Witnesses 00 00 04 For entring them with the Register for each 00 00 04 The Defendants appearance 00 04 00 In which is included the Clerks Fee for the Term.  l. s. d. For the Oath made that the answer is true 00 01 00 And so for every Defendan◠if they be never so many    For a Commission to take an answer in the Country by Dedimus Potestatem 00 07 10 Besides the ingrossing of the Bill which is included in it every sheet 00 00 06 For a Subpoena for Costs where the Bill is not put in by the Complainant within the time limited 00 02 06 For a Bill of costs and the entry of it 00 02 04 For a Joynt-Commission to examine Witnesses in the Country 00 07 10 The Plaintiff payes the Defendant 00 06 08 For the examination of every Witness here before the Examiners 00 02 06 For the Oath of every Witness that is to be examined 00 01 00  l. s. d. For the Copies of Depositions returnable by Commission 00 00 08 For Copies of Depositions taken in the Examiners Office for each sheet 00 01 00 For the drawing up of an Order upon motion to the Register for the first side 00 03 00 For every other side 00 01 06 For entring of the same Order every side 00 00 06 Fees of an