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A09900 The attourneys academy, or, The manner and forme of proceeding practically vpon any suite, plaint or action whatsoever, in any court of record whatsoever, within this kingdome : especially in the great courts at Westminster, to whose motion all other court of law or equitie ... are diurnally mooued : with the moderne and most vsuall fees of the officers and ministers of such courts / publisht by his Maiesties speciall priuiledge ... [by] Tho. Povvell. Powell, Thomas, 1572?-1635? 1623 (1623) STC 20163.5; ESTC S124370 102,508 306

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him or them and his or their Sureties which the Commissioners must certifie and send vp vnder their hands and seales attested with some Witnesses to the same And this must be deliuered into the Office of the said Court to the proper Officer with and vpon Oath to bee made that it is deliuered in such manner as it was receiued from the Commissioners themselues vnaltered c. Therevpon you shall haue a Bill for the receiuing of the exhibition thereof And according to the Ancient forme of practice That Bill was wont to bee then signed by the Kings hand by the procurement of the proper Clerke of the Office And when the same is so signed it does passe through the seuerall Seales and at the last vnder the Great Seale of England which course I vnderstand not to be altered as yet howsoeuer I may suspect in regard of the many new Instructions which haue issued of late times for the ordering of the affaires of this Court that some small difference may inter●…edere c. When your said Patent is so sealed you are to deliuer the same and the Schedule of the value of the Land to the Auditor of the Court who is to see that the same bee forthwith enrolled And therevpon the Auditor will giue order to the Feodarie of the Shire to pay you the exhibition yeerely c. The charges of obtaining a Ward doe follow Feod sequuntur   l. s. d. IN primis for the Commission to find the Tenure for the King 0 15 0 Item the Returne therefore to the Clerke of the Petty-Bagge 0 16 0 Item the Copie of the said Office at eight pence the sheete 8. pence the sheete Item to the Clerke of the petty Bagge for examining of the same 0 2 0 Item for making of the Bargaine 2 0 0 Item to the said Officers Clerke who maketh the same 0 14 4 Item for making of three Obligations 0 16 0 l. s. d. Item for the Commission for sealing of the Bargaine Obligation in the Country in case where the partie Grantee or his Sureties be not in towne to Seale 0 5 6 Item to Master Attourneies man for the Affedauit inde 0 0 4 For drawing of the Schedule 0 6 8 For drawing of the Bill to bee signed and getting of the Kings hand vnto it 0 6 8 To the Clerke for writing of the said Bill 0 3 4 To him more for entring the same into the Booke 0 2 0 To the Auditor for enrolling of the Patent and Schedule of the Land or rather as you can agree 0 13 4 To the Clerke for writing of the Schedule 0 1 0 Besides the Copie of the Office vt supra Thus I conclude with this Court giuing you farther to take in direction that you examine these with the latest Bookes of Instructions giuen and published in Print for the ordering of this Court whereby you shall the better discerne the alterations if any be FOr the Ideot I had almost forgot him Howsoeuer the matter is not great For it is but a foolish businesse when all is done You haue a faire example of a Lunaticke before your eyes and therefore I shall only neede to giue you this monitorie instruction touching an Ideot That you be assured that your selfe is somewhat the wiser man before you goe about to beg him or else neuer medle with him at all lest you chance to play at handy da●…dy which is the Gardian or which is the foole and the case alter è Conuers●… ad Con●…ersum I pray let vs haue no Platonisi●…e in the matter And so much for the Ideot THE COVRT OF PARLIAMENT I should say somewhat touching that great Court of Record The Parliament But the obiect is so farre remoued from my sight that I cannot presume a certaine representation with these weake species of eying those mysteries I make bold by way of Explanation Introduction and Deduction of Sir Thomas Smithes Common-wealth to deliuer this onely YOu shall vnderstand thet all the Law of this Land which is Positiue doth consist either in Acts of Parliament or Proclamations For the Acts of Parliament publique or priuate They bee all kept and remaine in the Custodie of the Clerkes of the Parliament Howsoeuer as I shewed you in the Search of Record that they are or at least should bee in the Chappell of the Rolles likewise and most of them are brought ouer thither by Certiorare vt ibidem c These Acts as you may reade are made and established by the King the Peeres and Commons of the Land so stably and sanctedly that they be taken for Law And that you may the better conceiue what are the businesses what the practice and what consequently the Records of this Court I will briefely receite the very words of Sir Thomas Smith to that point onely viz. The Parliament Abrogateth old Lawes Maketh new Giueth order for things past and for things hereafter to bee followed Changeth right and possessions of priuate men Legitimateth Bastards Establisheth formes of Religion Altereth weights and measures Giueth forme of Succession to the Crowne Decideth of doubtfull Rights and Titles whereof there is no Law already made Appointeth Subsidies Tailes Taxes and Impositions Giueth most free Pardons and Absolutions Restoreth in Bloud and Name Naturalizeth Aliens borne out of the Kings Allegeance and to bee short All that euer the people of Rome might doe either in Centuriat is commitijs or Tribunitijs the same may bee done by the Parliament of England And so much to the current of his streame It is euident that this is the highest Court of this Realme because the Authoritie of it is absolute and bindeth all manner of persons For that they are all parties and priuies therevnto by way of Representation c. Vnto this High Court doe come some 1. By reason of their Tenure 2. By vertue of Writ 3. By vertue of Office There doe come by reason of Tenure these viz. Pertenu●… Archbishops Bishops Abbots Priors Dukes Marquesses Earles Barons These vse to be summoned to appeare by the space of forty dayes before the Parliament They who doe come in by Writ are these viz. perbre Knights of the Shires Burgesses Citizens of Cities Barons of the 5. Ports The Kings Councell There doe come hither also by Writ directed to the seuerall Deanes and Arch-deacons of this Kingdome per bre Two seuerall Proctors of the Clergie for euery seuerall Deaconrie Archdeaconrie These Proctors of the Clergie be elected by the Clergie also And euery of these doe bring with him two Warrants whereof he keepeth one by himselfe and the other hee enrolleth with the Clerke of the Parliament From hence some haue gathered an Opinion That sometimes heretofore the Conuocation house hath beene a member or part of the Parliament House But it appeares to bee otherwise in the Case of Phil●…t who being questioned for Heresie and certaine hereticall words by him spoken did in his answere alledge That the words so spoken were deliuered
fol. 198. 199 200. CLERKE OF THE PEACE FEes belonging to the Clerke of the Peace with the businesse of his Office and the manner of proceeding at Sessions wherein in one place viz. pag. 205. in stead of Clericus Custodis Rotulorum pacis It is printed Clericus Clerici Rotulor c. fol. 201. 202. 203. 204. 205. CLERKE OF THE ASSIZE THe Clerke of the Assizes his Fees in his Office fol. 206. 207. THE ARCHES THe charge of prouing a Will the Inuentory being forty pounds and not aboue fol. 208. THE COVRT OF WARDS INstructions how you are to sue forth a Lunaticke 209. 210. 211. Here is who deliuers for which deliuers fol. 212. linea 6. Instructions how you are to passe a Ward fol. 212. 213. 215. The charges of obtaining and passing of a Ward fol. 215. 216. THE HIGHEST COVRT OF PARLIAMENT WHereupon all the Positiue Law of the Land doth consist fol. 218. Who keepes all the Acts of Parliament fol. 219. What are the Parliament businesses fol. eod The large power of Parliament and how binding it is fol. 220. Who bee called to the Parliament and by what reason or duty and how they be called fol. eod to the end What time of Summons they vse to haue fol. 220. How the Proctors of the Clergie bee elected and how many of them are called by Writ c. fol. 221. Reasons to proue that the Conuocation house is no member of the Parliament House fol. eod The Seruices of such as come hither by reason of Office fol. 222. The Allowances of the Knights Burgesses And Barons of the Cinque-Ports per Diem and how they may recouer it fol. 223. Who must pay the Fine of the fore-named persons fol. eod What Fines euery of them is to pay vpon their default in not appearing fol. 224. What course the King may take if all the Lords be absent according to opinion fol eod The Officers here and their places fol. eod How the Speaker is appointed fol. 224. What Proclamations are fol. 225. The power of Proclamations with the paine of him that doth breake the same fol. eod The Office of an Eschetor fol. 226. What may be found by vertue of Writ and what by Office of Eschetor as he is a Commission of himselfe fol eod THE DVCHY COVRT WHat pleadings the Duchy Court holdeth fol. 227. The Iudges heere fol. eod Who keepes the Rolles fol. eod Who keepes the Leases Grants and charge of the Duchy Lands fol. 227. 228. The Auditors and Surueyors of the Duchy Court fol. 228. The Authors Request touching the defeat of Clyents causes by their owne counsailes default fol. 229. 230. THE OATH WHICH AN ATTOVRNEY WAS ANciently wont to take vpon his Admission being now disused And in stead thereof the Oath of Allegeance is only ministred howsoeuer both would doe better YOv shall doe no Falshood nor cause any ●… bee done in the Court And if you ●…ow of any to be done you shall giue knowledge ●…hereof to my Lord chiefe Iustice or some of his brethren that it may be reformed you shall d●…y no man for Lucre or Malice Nor shall increase any Fees but be content with the old Fees accustomed You shall pleade no Forraigne Plea Nor sue any Forraigne Suite vnlawfully to the hurt of any man But you shall sue such onely as shall stand with the order of Lawe and a good Conscience You shall seale all such Proces as you shall sue out of this Court with the Seale thereof onely and see the Kings Maiestie and my Lord chiefe Iustice discharged for the same You shall not wittingly sue or procure to be sued any false Suite or giue aide or consent to the same on paine to be expulsed the Court for euer And further you shall beare your selfe honestly and vprightly in the Office of an Attourney of the Court according to your best Learning and Discretion and as good Conscience bindeth you So help you God c. NOVV I bring the Returnes themselues home in the Rere of my Booke as being the only Leaders of Attourneies proceedings and the Practice being past before they offer themselues in the last place beeing most markable and ready to euery hand as occasion may require The foure Termes with their Returnes Hillary Terme beginneth Ianuary 23. and endeth February 12. Returne Dayes or Essoyne Dayes Exception day Returna Breuium Appearance dayes Octabis Hill Ian. 23. Ianu 24. Ianu. 25. Ian. 26. Quind Hill Ianu. 27. Ianu. 28. Ianu. 29. Ian. 30. Crast. Purif Febru 3. Febru 4. Febru 5. Febru 6. Octab Purif Febr. 10 Febru 11. Febru 12. Febru 13. Easter Terme begins April 30. and endeth May 26. Quind Pasch Apr. 30. May 1. May 2. May 3. Trees Pasch. May 5. May 6 May 7 May 8. Mense Pasch. May 12 May 13 May 14. May 15. Quinq Pasch. May 19. May 20 May 21. May 2●… Craft Ascen May 23. May 24 May 25. May 26. Trinity Terme begins Iune 13. and endeth Iuly 2. Cra●… Trin. Iune 9. Iune 10. Iune 11. Iune 12. Octab. Trin. Iune 16. Iune 17. Iune 18. Iune 19. Quind Trin. Iune 23. Iune 24. Iune 25. Iune 26 Tres Trin. Iune 30. Iuly 1. Iuly 2. Iuly 3. Michalemas Terme begins October 9. and endeth Nouember 28. Octab. Mich. Octob. 6. Octob. 7. Octob. 8. Octob. 9. Quind Mich. Octo. 13. Octob. 13. Octob. 15. Octob. 16. Tres Mich. Octob. 2●… Octob. 21. Octob. 22 Octob. 23. Mense Mich. Octo. 27. Octob. 28. Octob. 29. Octob. 30 Crast. anim Nouem 3. Nouemb. 4. Nouemb. 5. Nouemb. 6. Crast. Mart. Nouem 12. Nouemb. 13. Nouemb. 14. Nouemb 15. Octab. Mart. Nou. 18. Nouem 19. Nouemb. 20. Nouemb. 2●… Quind Mart. Nou. 25. Nouem 26. Nouemb. 27. Nouemb. 28. The Law-Dayes in the Courts of Arches Audience Prerogatiue Consistory Delegats Admiralty In Hillary Terme S. Hillary 13 Ianuary S. Wolston 19 Ianuary Conuersio S. Pauli 25 Ianuary S. Scholastic 10 February S. Valentine 14 February In Easter Terme Quind Pasch. 28 Aprill S. Gordian 10 May. Ascension day 22 May. In Trinitie Terme Corpus Christi 12 Iune S. Buttolph 17 Iune S. Iohn Baptist 24 Iune S. Paul 30 Iune In Michaelmas Terme S. Faith 6 October S. Edward 13 October All Soules 2 Nouember S. Martin 11 Nouember S. Edmund 20 Nouember And when and where their seuerall Courts are seuerally and respectiuely kept you shall reade in the common Almanacke at large FINIS Cum tonat ocyùs Ilex Sulphure discutitur sacro quam tuque Domusque T. P.