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A51782 The sollicitor exactly and plainly declaring both as to knowledge and practice how such an undertaker ought to be qualified : as also his parts, qualities, and fitting endowments for such a weighty employment in a more special manner then hath ever seen heretofore published by any hand whatsoever : shewing further the particular of suing a person priviledged, and how the same may by course of court sue any forrainer : being truly useful for all sorts of persons who have any important business in law or equity / Manley, Thomas, 1628-1690. 1663 (1663) Wing M448; ESTC R29479 44,685 116

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Masters of the Court and their Reports thereon Which happen upon several Occasions As Where there is a Demurrer to the Jurisdiction of the Court there no Reference may be had to a Master upon it but it must be heard before the Lord Chancellor himself After examination of Witnesses is past there can be no Reference had to a Master to end and determine unless it be in case of near kin poverty or consent of parties A Reference of the state of the case is sparingly granted unless where there is the consent of parties The examination of Court-Rolls is to be by Reference but there it must be by two Masters at the least No Reference shall be made of the insufficiency of an Answer without Allegation of special causes The Reports of the Masters upon References must not exceed the order of Reference whereby the same is referred And after the Master hath seen the order he usually grants our a Warrant which is shewn unto the other side whereby he gives notice of the time of his hearing the Cause where the other side with their Counsel or Sollicitor or both may as they see cause attend The Report it self is usually brief of what only they find wherein the Master ought not to certify his own opinion but leave the same wholly to the Judgment of the Court and if the Cause be very doubtful then must he set forth the special case No Order can be had to confirm the Report till it be first filed with the Register under the Master's hand and a day given to the other side for seven days at least to speak to it in Court But where it doth not ground a Decree and it be positive it doth usually stand and process may be taken out for the performance thereof unless the adverse party upon notice thereof do within eight days after if it be in Term time or if at the General Seals for motions or if after them within four days of the beginning of the next Term file exceptions to the same And in such case the party that so filed exceptions must deposite forty shillings with the Register and a day will be set for the Judgment of the Court and if the Court do not allow the exceptions the other shall have the forty shillings and what more the Court shall think fit if otherwise the mony is to be restored The matters chiefly under Reference are either insufficient Answer matters of Account contempt or abuse of the Court. Where a Master upon a Reference to him Reports an Answer insufficient the Complainant may take out two Subpoena's against the Defendant the one for twenty shillings costs and the other to make a better Answer SECT 4. THere are many Occasions intervening in a cause which do require a Motion to set them right now every motion procures an Order now it behooves our Sollicitor not to lead his Clyent into unnecessary and chargeable motions and eve● Order must be drawn by the Register who sa●e then in Court and took Notes thereof when the same was pronounced into his Book by which to draw up some more full remembrance of that which passed in Court Which that it may the better he done our Sollicitor after the rising of the Court ought to repair to the Registers Office and there finding the Notes and shewing them to the Register or his Clerk to have instruction for the drawing up of the said Order for his Clyents better advantage Where any Order shall be made and the Court not informed of the last material Order formerly made no benefit shall be taken by such Orders as being surreptitiously procured and therefore the Register doth alwayes mention the last former Order in the Order that he draws up at present An Order made out of the general Rule must set down the special Reasons of it No Order shall be explained by petition but by publick motion both parties being heard No Order but final Orders and Decrees may be received to be entred after eight days after the pronouncing thereof that day being included The Register is to keep Copies of the Orders he doth deliver and he is to mark the same which done it is to be entred by the entring-Clerk and so brought back again to the Register for his hand to be put to it and then it is authentick The Register after a hearing and reference to a Master is to set down in the Order of Reference what was the Opinion of the Court unless the Court do direct it to be drawn otherwise All Orders drawn up by the Registers are to be entred under the Registers hand in due time and after they are once so entred they may not be in any manner upon any occasion whatsoever altered without a special Order and direction of the Court to that purpose It was an ancient piece of practice but I think now almost super annuated that the Register within ten dayes after the end of every Term sh●uld certify the Lord Chancellor or Lord Keeper for the time being what References depend in the hand of any Master and how long they have depended that so if any of them have depended over-long the Court may require an account thereof from the Master and quicken him to a speedy dispatch SECT V. IT doth often fall out that some persons may have right to an Estate yet not wherewith to prosecute the same or else may be made parties to a suit as knowing much therein yet have not wherewith to make either a defence or discovery in such Cases the party making Oath before a Master of his poverty and exhibiting the same either to the Lord Chancellor or Master of the Rolls together with a Petition they or one of them will admit him to sue in forma pauperis and assign him such Counsel Six Clerk c. as he shall desire But here it is necessary for our Sollicitor to know that there are many Paupers who bring only vexatious suits which if he can discover and inform the Court thereof they shall not only be dismist but punished however such thing be made appear the Counsel and Clerk assigned as aforesaid may not refuse but must attend their business unless they shew cause to the Court why they cannot so do They must alwayes have their Order of Admission with them and first move that before any other motion and indeed it is no hinderance at all to them for if they have any other motion they may make it afterward Where the Register finds he is not in Pauper he shall not draw up any Order upon the second motion but the Pauper pretended shall lose the fruit of it No Counsellor Attorney Sollicitor or Officer of the Court appointed to be for a Pauper by the Court is to take any thing of or contract for any thing with him and the Pauper that can be proved so to have given or contracted is to be dis-paupered for ever If a Pauper fell or contract for his
perversness is not with difficulty accomplished whose folly a man may compare to the unskilfulness of some Chirurgions who in stead of healing fester a wound and in stead of mitigation make the torments more grievously dangerous whereas expert ones do with gentle Lenitives redress the malady before the Patient have any thorow sense or feeling of pain So our Sollicitor being thus guided by discretion and having his spirit awaked to all circumstances doth manage matters with a more delicate deportment and by certain premised Preparatives so disposeth the mind of the other Agent as it may be apt to receive any form which shall be imposed using the same Consideration which good Players at Tennis have who not to suffer a rest do not only stand attentive to send it to their Companion but with like heed provide to retake it by accommodating their person and expecting it in the likelyest place so he to avoid all hinderances doth not only suit his own words but also gives favourable Constructions to the speeches of the other Agent by dissembling the discontentments which might arise In brief some few other Rules for our Sollicitor's discretion may be these He must avoid sudden changes for that doth hold of violence and Nullum violentum est diuturnum Again he must settle more assurance in him that doth expect than in him who hath received a benefit for by speeding in suits men become slack waiters when hope of gaining will certainly keep them in due devotion He must also be wisely diffident and put on a judicial distrust put on I say because there is nothing less familiar and easy to honest men then to suspect warily Having thus far trained him up in the way to perfection and laid him down some few Rules to walk by come we now in the last place to shew how 5. He shall manifest the same and comment on his actions To which purpose it is necessary that he have a free and voluble tongue to utter and declare his conceits in the use whereof it is necessary that he avoid affectation and that his speech be honest comly significant expressive proper and void of all fear and effeminate terms without any dissimulation for doubtfull and ambiguous words with particular ceserves cafgues a base mind and imbecillity of spirit He must not alwayes shew himself a Scholer but sparingly and when sit occasion requires it for sometimes to use conceits of Learning as Embroideries is requisite but then it should be in an hidden manner like as Apparel doth represent the proportion but not the barrenness of our members but generally it is the greatest wisdome rather to attend others then to be an eloquent Merchant of self conceits for men expert and practised can out of another mans words deduce great consequences and take light of matters of great importance With these five Qualities so rectified as aforesaid our Sollicitor being rightly adorned he shall he able with credit to run through all the hazards and difficult nies which in his practice he shall or may meet with Object But here I meet with an Objection viz. What need is there of all this coyle and ado about a Sollicitor Do not all men know there are many Sollicitors who have much practice and great dealing that have never been bred to any of those things simple follows who had not wit or honesty enough to learn a mean Trade and in truth cannot write their own names and yet are accounted brave fellows in that business Answ To this I answe True it is and to the shame both of the Law and the Professors thereof be it spoken that will suffer such fellows by their ignorance and deceits to abuse so many as they daily do 'T is by the means of these cheating devouring Caterpillers that the honourable Professors of the Law are so often cryed out upon for bribing and taking excessive Fees and it will be no wonder hereafter if Ignoramus be revived when such a company of simple 〈◊〉 shall be admitted or suffered to usurp and therein abuse and make vile the worthy name of a Lawyer It is an abuse well worthy to be inspected by the discerning eyes of the learned Judges of the Land and some severe course to be taken for the remedy thereof whereof under favour and permission I shall make bold only of one small hint as follow Whereas now every idle fellow whose prodigality and ill husbandry hath forced him out of nis trade or employment takes upon him to be a Sollicitor and thereby not only by their multitudes and swarming in every corner they who have been at great labour expence and study either can have no practice at all or at best so little that it is not worthy their looking after and not only so but the Clyent also receives a double damage first in the tedious delay and sometimes the loss of his cause and then in the vast expence of his money whereof he can have no account for remedy whereof it would be well that it should be declared That no man should dare to undertake to be a Sollicitor either at Common Law or in Equity unless he had for five years before at least been of some of the Inns of Court or Inns of Chancery and shall be legally admitted and entred in a Roll for that purpose to be kept in the Pettybag-Office in Chancery under a certain pain and punishment and that no Clyent do entertain any other than one so qualified by which means if any abuse be offered the Court may take a Cognizance thereof and punish the same This shall suffice to have spoken in answer to that Objection I shall now proceed and shew the dury of our Sollicitor both in what he ought to do and what he ought to know But for that I shall refer you to the next and following Chapters CHAP. III. What our Sollicitor ought to know the better to enable him in his practice AS we suppose our-Sollicitor to be chiefly if not wholly concerned in matters of Equity so we shall to that purpose inform him that he must of necessity be knowing in Courts of Equity whereof the Chancery in this Kingdome being indeed the chief and only lawfull Court if so be that he be truly instructed therein it will be sufficient to guide him in all the rest Therefore In this Court the Lord Chancellor of England is the chief Judg who in case of sickness infirmity or other extraordinary business may depute one of the Judges to sit in his place at any time but in the Terms the Master of the Rolls is equall with him and sitteth at Westminster-Hall in the mornings and three dayes in every week during the continuance of the Terms sitteth alone assisted by two Masters of the Chancery in the Chappel of the Rolls and these in their several places in manner aforesaid do make Orders and Decrees The subordinate Officers of this Court are many The twelve Masters in ordinary which are Assistants both to
answer in such case the Defendant must at his peril answer by the same day seven-night next following the day of his appearance although it be out of Term for the Chancery is said to be alwayes open But where the Subpoena is returnable on the last Return-day of the Term then the Defendant is at liberty to appear the first Return of the Term following But if the Subpoena be returnable upon a day certain although the day be the last day of the Term yet the Defendant is bound to appear and answer by that day seven-night next following the said appearance In all Cases where the Defendant makes Oath That he cannot answer without sight of Writings Evidences or Goods as aforesaid or conference with some other person or that he have a Dedimus Potestatem and Commission to take his Answer in the Country the Defendant must at his peril procure his Answer to be put in before the day after the first costs-day of the next Term following unlese it be in Trinity-Term for there it may be put in the second day after the second return or otherwise the Plaintiffs Clerk may upon his default make out an Attachment against him for not answering in time Where the Defendant hath a Dedimus granted him if there be cause of Plea or Demurrer found then the Defendant ought to move or petition the Court to have a special Dedimus Potestatem by order to answer plead or demur for that the Commissioners upon an ordinary Dedimus have power to take and return no other things than an Answer only Wh●re the Defendant doth demur or put in any just Plea that he hath to the disability of the person of the Plain●iff or to the Jurisdiction of the Court under the hand of learned Counsel it will be received and filed although the Defendant do not deliver the same in person or by Commission And if he do not put in his Demurrer or Plea into the Paper of Pleas and Demurrers in the Register-Office appointed for purpose within eight dayes after the same is put into Court that so it may be argued before the Lord Chancellor or his Deputy as it shall sall in course the same being so omitted to be done the Plea or Demurrer is over-ruled of course and the Plaintiff may take forth a Subpoena to inform the Defendant to make better answer and another for costs for the said over-ruling Where a man exhibits his Bill in Chancery and dies pendente lite whoever hath the interest in the thing complained for whether Heir Executor or Administrator they may put in a Bill of Reviver against the Defendant or in case the Defendant die the Plaintiff may exhibit his Bill of Reviver against the Heirs Executors or Administrators of the Defendant Where a Bill is exhibited against a man and his wife and the matter contained in the Bill wholly concerns the wife and they both answer the Bill and after answer the husband dies in this case a Bill of Reviver must be brought by the Complainant against the woman if he intend to proceed in that Suit and the reason is for that the woman shall not be constrained to abide by that answer which she together with her husband or solely as wife unto the man hath formerly made to the Complainant for that she was at that time under Coverture And in case she survives her husband and continues possessed or seixed of the thing in controversy in statu quo she may as she shall think fit make a new answer and shall not be bound up or concluded by that answer which she made during Coverture or solely as wife to the man and yet if she thinks fit she may stand to that former answer of hers and proceed accordingly in that Suit Where a Plaintiff exhibits his Bill against a Femme sole and she appearing makes answer and afterwards marrying becomes under coverture pendente lite in this case the Plaintiff may proceed against her and her husband and shall not need any Bill of Reviver and her husband shall be bound by that Answer which she made while a Femme sole for that she shall not advantage her self by her own act Whereas on the other side if a Femme sole exhibit her Bill and the Defendant answer thereunto and afterwards she intermarrieth here there can be no further proceeds by the husband and wife without a Bill of Revivor because she hath abated her Suit by her own act of marriage of which the Defendant may take his best advantage Where the man and the Wife exhibits a Bill whereto the Defendant answereth afwards the man dieth the woman may be at her choice whether she will exhibit a new Bill or proceed upon the Bill by her husband and her self formerly exhibited Where there are two-seized of Joynt-estates or when they are Executors of one Will or Obligees or Obligors and they prefer a Bill in Chancery to which the Defendant makes Answer and after one of them dies here the Survivor may proceed in his Suit against the Defendant and shall need no Bill of Revivor Note That the Bill of Revivor must pursue the first Bill exhibited for where there is any variance between them the Defendant may be discharged and the Bill will be dissolved Where there are Administrators durante minore aetate of an Infant Executors in the nature of a Guardian and they sue on the Infants behalf and the Suit depending the Infant comes to age here it seems there needs no Bill of Revivor Where the Complainant hath exhibited his Bill of Revivor and hath procured thereupon a Subpoena to be served he will be upon this in the same case as the Predecessor was when the Bill accrued unless some good cause to the contrary as that he is not Heir Executor nor hath the like interest c. can by the Defendants Answer be shewed Where a man doth willingly refuse to Answer and doth stand out all process of Contempt the Court will take the matter of the Bill pro confesso and decree it accordingly See Tothil 69. If the Answer be good to common intent the Plaintiff must Reply and prove the matter if he can and not insist upon insufficiency of the Answer No exception can be taken to an Answer after a Replication put in for it is then admitted to be good but before Replication it may be excepted against But where it is excepted against the causes must be shewn in Writing and delivered in to the Plaintiffs Clerk the same Term the Answer comes in or with eight dayes after and if he amend it in eight dayes he shall pay no costs otherwise he must Where an Answer is excepted against as insufficient it is usually referred to a Master to consider of the Exceptions and he to certify whether it insufficient or not if he certify it insufficient then the Plaintiff may take out Process for costs and the Defendant's second Answer is not to be received till he hath paid
47 80 81. Tothil 189. The Interrogatories to examine Witnesses must be succinct and apt and when Witnesses upon such Interrogatories are examined in Court you cannot examine the same Witnesses upon putting in new Interrogatories Witnesses ought to be examined by Examiners in Court if they live in or near the Town and not by Commissioners for no Commission whatsoever ought to be issued out into any place within ten miles of London Either party as well Plaintiff as Defendant after Answer put until Publication be past may examine what Witnesses they please in Court before one of the Examiners but before Answer and after Publication no Examination will be allowed but by special order some special cause being shewed Notice must be given both of the names and dwelling-places of the persons examined in all cases of examination After an Order for Publication and that delivered to the Examiner no Witness may be examined in Court though he were sworn before and if any such be his Depositions may be suppressed Caryes Rep. 27 58 93. Tothil 189 190 192. No Abstract or Copy of the Depositions of any Witnesses is to be delivered till Publication be past Neither may any Depositions be suppressed upon a bare Petition only with References and Certificates upon it Where there are several Causes which are meerly cross Causes between the same parties and touching the same matter there the Depositions of Witnesses in the several Causes may be used at the hearing of both Causes being heard together without any motion Where Depositions are regularly taken they may not be suppressed by motion but if any Depositions appear to the Court to be gotten by practice they may by order of the Court be suppressed Depositions taken in Chancery may by order of the Court be made use of in any other Court. Caryes Rep. 35.56 He that will examine Witnesses in perpetuam rei memoriam to preserve a testimony he must first exhibit his Bill and shew his Title to the thing and that the Witnesses to prove it are old and not like to live long whereby he is in danger to lose it and then pray a Commission to some Gentlemen of credit in the Country to examine them and a Subpoena to the parties interested to shew cause if they can to the contrary and if the party interested being duly served within fourteen dayes shew cause the Plaintiff must desist and if no cause be shewn he may go on alone if the other will not joyn with him as he may if he will and then fourteen dayes warning is to be given of the execution thereof In this case the Court will appoint Commissioners and give Articles to examine upon or they may be examined in Court by an Examiner But here observe That none but aged and impotent persons may be examined upon this Commission Where the Defendant takes Exceptions to the proceedings in speeding the Commission as whether he did appear or not and whether Oath were made before them of notice given to him of the time and place of execution thereof in such case the Commissioners must certify up with the Commission the Exceptions the Defendant so took This testimony taken upon this Commission is not to be published while the Witnesses live but in some cases as either by consent of the parties or upon Oath made that either the Plaintiff hath some tryal at Law wherein he shall need it and that the Witnesses are not able to come to the place or otherwise by order of Court and then the Commission is to be opened by a Master and to be considered of and afterwards it may if the party will exemplify it by order of this Court be given in evidence in any other Court These Depositions thus taken shall not be made use of to be given in Evidence against any other but the Defendant who was warned to defend it his Heirs or Assignes or some other claiming by or under him by some interest which accrued to him after the Bill preferred Tothil 189 190 191 192. Where both Plaintiff and Defendant have examined what Witnesses they please and are ready to go to hearing there neither of them must first give the other a Rule for Publication which Rule being expired and no cause shewn to the contrary then Publication passeth After which neither party can examine Witnesses unless it be by special order of the Court which will not be granted without an Oath made that the party which requireth the same nor any of his Council or Sollicitor have seen read or been made privy to any Examinations of any the Witnesses formerly examined in that cause by either of the parties and thereupon some good cause be shewn either by Oath or Certificate of Commissioners why the party could not get his said Witnesses examined within the time limited for their Examination in which case sometimes the Court giveth liberty to examine Witnesses by a time prefixed with this Proviso That the party shall not in the mean time see any of the said former Examinations After Publication is had the Plaintiff or if he neglect the Defendant may procure a day of hearing of course to be set down by his Clerk at the end of the Term when either the Lord Chancellor or Master of the Rolls do set down Causes to be heard The days must be set down according to the priority of Publication neither must any Cause be presented for hearing the same Term that Publication passeth All Process to hear Judgment must be returnable six or seven days before the day of hearing except it be in the beginning of the Term when the time will not bear it and the Writ must have on the back of it the very day of hearing at which day if the Plaintiff do not appear the Defendant is to be dimissed with costs Caryes Rep. 45. SECT 6. OUr Sollicitor having thus far with diligence managed his Clyents businesse and brought his Cause to a hearing the next point of his care will be to get the Decree drawn up which should be done as short as with conveniency it may and not r●cite the Pleadings at large but the sum thereof briefly And if it be made before the Master of the Rolls or any of the Judges it ought being drawn to be first signed by them and afterwards by the Lord high Chancellor and then it must be inrolled which Signing and Inrolment ought to be done before the first day after the next Michaelmas or Easter-Term after the making of i● Where the Decree concerns Lands or Leases it must be entred into the Registers Docker-Book within six Months after the making of it otherwise it shall not prejudice the Purchaser of the Land neither indeed shall any Decree be binding to any but those who are served with Process ad audiendum Judicium or that did appear Gratis The Purchaser that comes in by Conveyance bona fide from the Defendant before the Bill exhibited and that is no party by Bill or Order
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