deliver the said Warrants to the riding Clerk to be inrolled according to their Just Right Whereupon his Lordship desired the Master of the Rolls to call all parties concerned before him having heard their several Allegations to certifie his Lordship how he found the case between them who having accordingly heard them made his Report or Certificate to his Lordship in these words 9 July 1662. To the Right Honourable the Earl of Clarendon Lord High Chancellor of England According to your Lordships directions the 29th of April 1662. Upon the Six Clerks Petition to have the Warrants of Leases delivered unto them by Mr. Kipps to be inrolled I have heard them and Hains with his Councel who made it appear that there had been several Patents of like nature to his granted to several persons since the 26th of Henry the 8th In Answer whereunto the six Clerks say that notwithstanding the said Patents Mr. Hains doth not shew that ever any of the said Patentees did inroll any Warrants for Grants that pass the Great Seal nor do any words as I conceive in his or any former Patents mentioned by him extend to the inrolment of any such Warrants The Six Clerks further made it appear that Edward Basely the late Patentee petitioned the lat King against them in 1634. concerning the inrollments of His Majesty's Deeds which was referred to the Commissioners of exacted Fees and I find in the year following upon examination had by the Lord Keeper Coventry with the concurrent Opinion of Sir Julius Caesar Master of the Rolls and Sir John Banks Attorney General it was certified under the hand of the said Lord Keeper amongst other things to have been the due ancient Right held and enjoyed by the Six Clerks to inroll all manner of Warrants for Patent Leases c. whereby the said Patent Leases c. pass the Great Seal Six Clerks to inroll all Warrants for Patent Leases c. whereby the Patend Leases c. pass the Great Seal whereupon his late Majesty by his Letters Patents bearing date the 17th of June 1635. to take away all questions doubts and ambiguities that heretofore have been or hereafter may be raised concerning the same and to the end the Six Clerks and their Successors for ever after might inviolably hold the same did allow approve grant ratifie and confirm the same And it was therein declared to be His Majesty's pleasure that the said Warrants shall be delivered from time to time by him or them in whose custody they shall remain to the Six Clerk who shall be riding Clerk for the time being to the end the said Warrants might be inrolled His Majesty further by the said Patent straightly charging and commanding that no other person or persons whatsoever should from thenceforth encroach or usurp upon them therein or molest or disturb them touching the same And the Six Clerks accordingly have ever since inrolled the said Warrants and before and ever since have received the Fees due for the same All which I humbly submit to your Lordships grave consideration as by the said Report remaining filed with the Register of this Court appeareth Har. Grimstone And his Lordship having perused the said Report doth declare his Concurrence in Opinion with the Master of the Rolls and doth therefore order and appoint the said Mr. Kipps to deliver out the said Warrants to be inrolled as by the said Petition is desired Master of the Rolls Sir Tho. Estcott Sir Mondeford Bramstone Lunae 25 die Januarii Anno Regni Caroli II. Regis 15. 1663. Concerning Subpaena's Ordo Curiae FOrasmuch as this Court was this day informed by His Majesty's Attorney General that one John Hungerford hath forged made and counterfeited Subpaena's and that he hath put Seals thereon like unto those sealed with the Great Seal as by two several Affidavits now produced and read in Court appeared And further informing that one Theophilus Aylmer had lately bespoke paid 18 s. for and had from the said Hungerford one forged and counterfeit Subpaena for 51 l. 13 s. 4 d. Costs in a Cause depending in this Court between Sharp and Brooks which coming to be examined before the Master of the Rolls he committed the said Hungerford and Aylmer for such misdemeanour contempt and abuse of this Court unto the Prison of the Fleet Punishment of those that forge Subpaena's who are still in Custody It was therefore prayed that the said Hungerford and Aylmer may be punished and made exemplary for such their Misdemeanour Abuse and Contempt of this Court and his Majesty's great Seal Whereupon it is ordered that the said Hungerford and Aylmer be brought into this Court when the Right Honourable the Lord High Chancellor of England doth sit in Court and in the mean time the Register is to search Presidents of what hath been done by the Court in punishing Offences of like nature Mercurii 18 die Julii Anno Regni Caroli II. Regis 18. 1666. Touching the Business of the Court divided according to the Letters of the Alphabet Ordo Curiae THe Right Honourable Edward Earl of Clarendon Lord High Chancellor of England and the Honourable Sir Harbottle Grimstone Baronet Master of the Rolls taking into their Consideration the manifold disorders and undue practices which in the late times have crept into the Six Clerks Office to the great dishonour of this Court the obstruction of Justice the damage of the Client and confusion and loss of the Records and the several ways of redressing the same And having divers times heard the Six Clerks and their Under-Clerks concerning the settlement by division of Letters formerly to this end ordered by the Lord Coventry late Lord Keeper of the Great Seal and after long deliberation and several conferences with some of the Reverend Judges and of the King 's learned Councel finding no expedient so equal and effectual for the due filing and easie search of the Records and the orderly proceedings and quiet dispatch in all Causes nor so proper to prevent the mislaying and the imbezling the Records â—eceiving filing bundling of Bills Answers c. and the making all Exemplifications Writs and Copies thereof to be divided amongst the Six Clerks according to the Letters of the Alphabet Vide infra Feb. 1. 1668. this Order Repealed and that confusion which is every day discovered from thence to the extream scandal of the Court and prejudice of the Subject as the reviving and re-establishing the aforesaid settlement Do hereby Order and Ordain that the said method be revived and from henceforth observed by the present Six Clerks and their Successors and by their Under-Clerks viz. that the receiving filing bundling and keeping of all Bills Answers Pleadings and all Proceedings thereupon and the making and expediting of all Exemplifications Writs and Copies of or concerncerning the same be divided among the said Six Clerks and their Successors respectively by and according to the Letters of the Alphabet in manner following that is to say that all
Some Law-Books lately Printed for J. Walthoe CAses in Chancery Folo price 12 s. Daltons Country Justice with large Additions Fol. 14 s. The Practice of all the Courts at Westminster Octavo 5 s. A View of all the Penal Laws concerning Trade to April 1697. 12o. 3 s. The Method of Pleading by Rule and President c. 8o. 5 s. Tryals per Pais 8o. 5 s. The Compleat Sheriff with the Office of a Coroner 8o. 5 s. The Table of Fees of all the Courts at Westminster as they were delivered in Parliament 8o. 1 s. 6 d. The Modern Conveyancer or Conveyancing Improved the Second Edition with Additions 8o. 5 s. The Law of Obligations and Conditions 8o. 5 s. Blunts Law Dictionary Fol. 10 s. All the Pleadings and Arguments upon the Quâ— Warrantâ— against the City of London Fol. 6 s. Ordines Cancellariae BEING ORDERS OF THE HIGH COURT OF CHANCERY FROM THE First Year of King Charles I. To this present Hillary Term 1697. EXAMINED By the ORIGINAL ORDERS To which is added the RULES and ORDERS Of the COURT of EXCHEQUER LONDON Printed by the Assigns of Rich. and Edw. Atkins Esquires for I. Walthoe and are to be sold at his Shop in the Middle-Temple Cloysters 1698. A TABLE OF THE Names of the Orders A. ACcounts 201 Affidavits 15 91 207 Amending Letters Patents 20 Answer 55 121 192 An Act for ascertaining the Fees of the Masters in Chancery 95 Attachments 54 B. BBankrupts 198 Bill 55 80 113 C. CAuses to be set down for hearing 135 196 Clerks of the Inrolment 40 Commissions for examining of Witnesses 11 Commissions 55 132 Contempts 141 Common Rules 54 Costs 80 Contempts 13 137 187 Cursitor 146 D. DDecrees made with the Assistance of the Judges 48 Decrees 56. 142 213 Demurrers 62 117 Depositions 55 73 134 247 Differences between the Six Clerks and Examiners 26 Division of Business of the Six Clerks Office according to the Letters of the Alphabet 36 107 157 Dismissions 55 56 E. EXaminers 3 64 73 Examiner suspended 215 Examination of Witnesses 38 72 125 154 204 Exceptions 123 209 175 234 236 239 Examiners Clerks not to practise as Solicitors 254 F. FEes 44 Fees of Affidavit Office 33 Filing of Affidavits 58 Filing Bills 77 83 86 Filing Exceptions 197 Filing Reports and Certificates 237 H. HEaring Causes 30 210 232 I. IDeots 70 Imposition on Law Proceedings 176 178 Injunctions 55 56 Joint Commissions 56 Inrolments of Patents 101 Interrogatories 216 L. LVnaticks 70 M. MAster 's in Chancery 70 144 Motions 65 Misdemeanors of the Young Clerks 221 240 244 Masters Clerks not to practise as Solicitors 254 N. NObility Answering 63 O. ORders on Petition 217 P. PAper Copies to contain 15 Lines 53 Plague 24 Paupers 151 Pauper Writs 173 Petitions 49 151 Persons committed to the Fleet for imbezling Records 51 Pleadings 55 Pleas 62 117 Priviledge 6 31 Privy Seals 55 Prisoners 61 Priviledge Writs 100 173 Proceeding in hearing Causes 136 Private Order 231 240 Q. QVakers 189 R. REferences 256 References of Insufficient Answers 5 Registers Office 87 88 Register 54 Registring Affidavits 8 Records 60 66 68 78 79 90 194 211 Recognizances 183 Rehearing 208 233 Renewed Writs 173 Regulating the Vnder-Clerks 222 S. SIx Clerks 61 81 205 244 Serjeant at Arms 205 251 Solicitors 205 Solicitor Committed for an Assault 188 Subpoena Office 85 Subpoena's 45 106 115 Subpoena ad audiendum Judicium 1 46 53 Subpoena ad Rejungendum 54 Surrender of one of the Six Clerks to the Master of the Rolls 219 T. TRansferring of Records 42 U. UNder-Clerk allowed Parchment 23 Vnder Clerks 171 244 Vnder-Clerks Fees 161 Vsher of the Court 158 W. WArrants 55 Writs in Forma Pauperis 100 A List of the Lord Chancellors Lord Keepers and Lords Commissioners of the Great Seal of England from the First Year of King Charles the First to the Ninth Year of the Reign of King William the Third SIR Thomas Coventry was made Lord Keeper of the Great Seal Nov. 1. in the First Year of the Reign of King Charles the First 1625. Sir John Finch was made Lord Keeper the 23th of Jan. 13 Car. 1. 1639. Sir Edward Littleton Knight made Lord Keeper the 23th of Jan. 16 Car. 1. 1640. Sir Richard Lane Knight made Lord Keeper the 30th of Aug. 25 Car. 1. 1649. Sir Edward Hide Knight made Lord Chancellor of England the 29th of Jan. 12 Car. 2. 1660. Sir Orlando Bridgman Knight made Lord Keeper the 30th of Aug. 19 Car. 2. 1667. Anthony Lord Ashly Earl of Shaftsbury Constituted Lord Chancellor of England the 17th of Nov. 24 Car. 2. 1672. Sir Henage Finch Knight made Lord Keeper the 19th of Nov. 25 Car. 2. 1673. Sir Francis North Knight made Lord Keeper the 22th of Decemb. 34 Car. 2. 1681. Sir George Jefferies Knight Constituted Lord Chancellor of England the 28th of Septemb. 1 James 2. 1685. Sir John Maynard Sir Anthony Keck and Sir William Rawlinson made Commissioners of the Great Seal in Hillary Vacation the First of King William and Queen Mary 1689. Sir John Summers made Lord Keeper in Hillary Vacation the Fourth of King William and Queen Mary 1692. And Constituted Lord High Chancellor of England the 23th of April the Seventh of King William 1695. ORDO CVRIAE OR ORDERS OF THE Court of Chancery From the First Year of King Charles the I. to Hillary-Term 1698. Veneris 30 die Junii Anno Regni Caroli Regis primo 1625. Concerning Subpoena's Ad audiendum Judicium Ordo Curiae WHEREAS the Right Honourable the Lord Keeper being informed of sundry Abuses Vide postea in the untimely and disorderly setting down of the Causes of Hearing in this Court and the obtaining of Subpoena's Ad audiendum Judicium thereupon whereby ancient Causes were stopt back from hearing and other Causes thrust in to the prejudice of the other Clyents and scandal to the Court the six Clerk towards the said Causes never being made acquainted therewith For reformation whereof the then Lord Keeper did Order and Require That hereafter it should be carefully observed that no Subpoena should be made Ad audiendum Judicium for any Cause of hearing whatsoever before the Clerk that makes the same Writ have a Note under the Hand of the six Clerk that is Attorny and under the Hand of the Register and in their absence under the Hand of their sufficient known Deputies to warrant the same No Subpoena's to be made Ad audiendum judicium before the Clerk that makes the same Writ have a Note under the Hand of the six Clerk and of the Register to warrant the same And if any such Clerk should after presume to offend therein then the said Clerk was to stand committed for his wilful contempt Forasmuch as the Right Honourable the Lord Keeper was this day informed by the said six Clerk that of late the said Order had been neglected in divers Subpoenas Ad audiendum judicium which had been made without any such notice
from them or their Deputies in contempt of the said Order It is therefore now ordered by his Lordship That the Clerk of the Subpoena Office The Clerk of the Subpoena Office to observe the said Order having notice hereof shall hereafter observe and perform the said former Order his Lordship minding to have the same put in Execution in all points Anno Regni Caroli Regis primo Ter. Hill 1625. Touching Examiners Ordo Curiae FOrasmuch as Complaint hath been often made by the Examiners of this Court Vide postea 19 May 1658. how that after Depositions of Witnesses have been taken before them between parties Plaintiffs and Defendants and otherwise one of the said parties Plaintiff or Defendant after publication have taken out the Copy of the Depositions for his own part only and then afterwards the same party which hath so taken out Copies delivering the same to his Solicitor or Agent to the end they should abbreviate or keep the same the said Solicitors or Agents by mutual practice and combination with the adverse party in the Suit his Clerk Solicitor or Agent without the consent or privity of the said party who took out the said Copies hath for Mony or other rewards either given or suffered other Copies to be made and delivered to the adverse party his Solicior or Agent without the Examiners knowledge by reason whereof the Examiners have been often times defrauded of the said second Copies and of the fruits of their own Labours to the abuse of this Court and to the prejudice of the Examiners who besides the said Disinherison of the due Fees do also incur a scandalous imputation for the writing by reason the Copies so surreptitiously made are for the most part very ill and loosely written which are commonly supposed to be taken out of the Examiners Office It †The Examiner may take our Subpoena's ag inst such as shall be suspected to deliver undue Copies of Depositions to the adverse party his Clerk or Solicitor to defraud him of his Fees of second Copies for the Examination of such Offenders upon Interrogatories to be executed before the other Examiner and to be allowed of by a Master of â—hâ— Court is therefore ordered by the Right Honourable the Master of the Rolls That if at any time hereafter it shall probably appear unto the said Examiner or either of them that any undue Copies shall be made as is aforesaid the Examiner who findeth himself so abused may if he will take out Subpoenas against one two or any three such persons as he shall suspect to have deceived him for the examination of such misdoers upon Interrogatories in that behalf to be executed before the other Examiner and first allowed of by a Master of the Court touching the point of the Fraud and Abuse in delivering out any such unlawful Copies as are before mentioned And if upon consideration had of the Answers of the said parties suspected unto the said Interrogatories it shall appear unto the said Master of this Court who allowed of the Articles and be so certified by him that the said parties are faulty in making or procuring such undue Copies to the prejudice of the Examiner That then every such person so found offending shall for such his Misdemeanor be committed to the Prison of the Fleet from whence he shall not be discharged till he hath satisfied the Examiner Upon a Certificate of the said Master the Offender to be Committed to the Fleet till satisfaction to the Examiner for the said undue Copies Provided That if the parties drawn in question shall acquit themselves upon their Examination that then the Examiner who called them in by such Process shall pay such Costs for unjust Vexation If the suspect party acquits himself the Examiner to pay Costs as the Court shall think meet Mercurii 10 Decembris Anno Regni Caroli Regis Quarto 1628. Concerning References of Insufficient Answers Ordo Curiae IT is Ordered by the Right Honourable the Lord Keeper in respect of the great expence of time and many delays used upon References of insufficient Answers to the Masters of this Court That if hereafter upon any Reference of insufficient Answers made to any Master of this Court Report upon a Referrence upon insufficient Answer to be fil'd within one Month after date of such Refererence a Report be not thereupon procured and filed in the Register within one Month at the farthest after the date of such Reference that the same Reference shall stand absolutely void by this general Order without any Motion or special Order to be obtained in that behalf Or else the Reference to be absolutely void without Motion or special Order Martis 22 die Decembris Anno Regni Caroli Regis Quinto 1629. Of Priviledge Ordo Curiae THE Right Honourable the Lord Keeper taking notice of the great Abuse that hath been lately offered to the Dignity of this Court in the frequent granting of Priviledge unto such as no ways have any dependance upon the Court but only under colour that they are or have been Servants to some of the Masters Ministers and Officers of the Court which heretofore hath not usually been admitted but to such as have been menial Servants unto such Ministers and Officers For prevention of which Abuse his Lordship doth Order That from henceforth no Writ of Priviledge shall be granted to any person whatsoever but only unto such as are Ministers Officers and known Clerks of the Court No person to have Privilege but Masters Ministers Officers and known Clerks of the Court and their Menial Servants and shall be so certified by the Master of the Office where such Clerks write and to such others as shall first make Affidavit that they are menial Servants unto some one of the Masters Ministers or Officers of the Court and such Writ of Priviledge to continue in force no longer unto such Servants than they shall continue menial Servants And before any Writ of Priviledge shall pass the Seal except it be for a Minister Officer or known Clerk of the Court It is Ordered That it be first presented unto and signed by the Lord Chancellor or Lord Keeper for the time being and where any Writ of Priviledge shall be presented to his Lordship to be signed for any such menial Servants as aforesaid the Affidavit so to be by him made is to be annexed to the Writ it self And it is lastly Ordered That no Writ of Priviledge do issue for any menial Servant until such time as his Writ of Priviledge hath been first allowed of by his Lordship Writ of Priviledge how and by whom to be allowed as aforesaid Sabbati 23 Jan. Anno Regni Caroli Regis Quinto 1629. Concerning Registring of Affidavits Ordo Curiae Post 8 Anno 21 June 1660. THE Right Honourable the Lord Keeper of the Great Seal of England and the Master of the Rolls having this day taken into their serious
due and convenient time after they are sworn and the reason of this part of the Order and before use be made thereof in Court as well to prevent the vexation and trouble of his Majesties Subjects in coming so often to enquire for such Affidavits before they come unto the said Office as also that the parties against whom the said Affidavits be made may have time by their Council to inform this Court of any just Cause of Exception they may have to alledge against the same And to the end that none may have any excuse of being ignorant hereof It is lastly commanded That this Order being fairly Written shall be set up in Tables and so shall remain in the several Offices of the Register of the Six Clerks and of the said Affidavits Tho. Coventry C. S. Jul. Cesar Lunae 16 die Novembris Anno Regni Caroli Regis undecimo 1635. Concerning the amending of Letters Patents Ordo Curiae VVHereas a Petition was lately exhibited to his Majesty by Sir Kenelm Digby Knight the Tenor of which Petition and the Answer thereunto followeth in these words To the Kings most Excellent Majesty The humble Petition of your Majesties Servant Sir Kenelm Digby Knight Humbly Sheweth THAT whereas your Majesty was graciously pleased to bestow upon him certain Lands Escheated to your Majesty by the death of John Calverley Esq without Heir part of which Lands lye in the County of Kent and were so mentioned in the Office found to intitle your Majesty and in the Bill Signed with your Royal Hand for passing thereof to your Petitioner but at the Signet Office by the mistake of the Clerk taking the Letter L for a K are mentioned to lye in Com. Kank and by that Error are so mentioned both at the Privy Seal and Great Seal and the Inrolling thereof which your Petitioner cannot have amended without your Majesties special Warrant Your Petitioner therefore most humbly beseecheth your Majesty to be graciously pleased to give a Warrant that they may be amended and made agreeable to the Bill Signed and the Patent after the Amendment thereof new Sealed as in such cases is usual And Your Petitioner shall daily pray c. At the Court at Salisbury the 9th of August 1635. HIS Majesties Pleasure is That these Mistakings be Amended and made agreeable to the Bill Signed and the Patent after the Amendment thereof new Sealed as in such Cases is usual and as here is desired John Coke In conformity to which his Majesties pleasure the Right Honourable the Lord Keeper having seen as well the said Letters Patents as the Privy Seal whereupon the same did pass remaining in this Court and having also seen the Original Bill signed under his Majesties Hand and the Transcript thereof which passed the Signet and finding the Information in the said Petition to be very just and true and having advised thereof with his Majesties Attorny General hath Ordered That the Privy Seal remaining in this Court and the Inrolment thereof be amended and that the Seal be pulled from the Letters Patents and the same Patent amended and new Sealed according to his Majesties good Pleasure And this Order grounded upon his Majesties Direction Amendment of Letters Patents for a mistake in the Privy Seal and the Inrolment and the Original Bill under his Majesties Hand shall be a sufficient Warrant to the Clerk and other Officers of the Court to whom it appertaineth for the doing thereof Tho. Coventry C. S. Jo. Bancks Martis 5 die Januarii Anno Regni Caroli Regis undecimo 1635. For Under Clerks being allowed Parchment for Ingrossing Decrees c. Ordo Curiae THE Right Honourable the Master of the Rolls having taken Consideration of the Oath Administred unto the Under Clerks in the six Clerks Office whereby they are sworn not to carry nor consent that any other may carry forth of the House called the Six Clerks Office any Bill Answer Commission Decrees Dismissions Bills signed Privy Seal or any other Record whatsoever which ought to be there remaining except by special Order of the Court And being also advertised That their Under-Clerks have used and ought to have from the Usher of this Court Parchment for Ingrossing of Decrees and Dismissions which are to be Inrolled which cannot be well proportioned unto them without sight of the said Decrees and Dismissions that the Parchment may be allowed and delivered unto them proportionable to the length of the said Decrees and Dismissions It is therefore this present day Ordered by his Honour That it shall be lawful from henceforth for any of the said Under Clerks in the Six Clerks Office to bring over from the Office into the Chappel of the Rolls any Decree or Dismission after the same shall be so signed to be seen by the Usher of this Court or his Deputy only for that purpose that he or they may see what Parchment is fit to be allowed for the Inrolling thereof Under Clerks may bring over from the six Clerks Office to the Chappel of the Rolls any Decree or Dismission after the same shall be signed to be seen by the Usher of this Court that Parchment may be allowed for the Inrolment thereof and to no other intent or purpose which being done the same are by the said Under-Clerks to be safely returned into the Office whence the same was so taken out as aforesaid without suffering the same to pass out of their own Hands Jul. Cesar Mercurii 15 die Junii Anno Regni Caroli Regis Duodecimo 1636. By reason of the Plague Ordo Curiae THE Right Honourable the Lord Keeper having taken into his Consideration the Danger of the increasing of the Infection of the Plague by the assembling of much People together at this time doth therefore this present day Order That all unnecessary resort unto his Lordships House by the Officers and Clerks of this Court and others be forborn both at General Seals and at other times and that all Patents Commissions and Writs whereof an Entry is to be made in the Comptrollment Book shall be brought to the Riding Clerk or his Deputy before they be Sealed who are then to take such particular notice thereof in Writing that when the same shall be Sealed a perfect Entry thereof may be made in the Comptrollment Book whereby a due account may be given to his Majesty and otherwise as is and hath been used and after such Notes shall be taken as aforesaid and the Hand of the Riding Clerk or his Deputy put to the said Patents Commissions and Writs then the Riding Clerk or his Deputy is to send the same to be Sealed at such time and places as his Lordship shall appoint for that purpose and after the said Patents Commissions and Writs shall be Sealed the same are to be taken from the Seal by the Clerk of the Hannaper or his Deputy and then the Officers and Clerks who writ and prepared the said several Businesses for the Great Seal are to receive them
to any thing which may be said for or against the said Division by Alphabet that for and during the Vacancy of a sworn Officer in Mr. Cesar's said place Francis Heath who was Deputy under Mr. Caesar when he lived and is still a Clerk in the said Office shall and may in and for the said Office and according to the Division aforesaid Sign and File all Bills Answers and other Pleadings and Sign all Copies Decrees and Dismissions and Certificates and in his own name during the said Vacancy shall give receive and enter all kind of usual Rules and Bills of Costs and pass all Writs and regular Orders and dispatch all other business and proceedings which shall happen or ought to be done within or for the said Office according to the Division aforesaid and receive the due Fees for the same several services in such manner and form as the said Master Caesar himself should might or ought to have done if he had lived and that all such business and proceedings being by the said Francis Heath so done and expedited as aforesaid shall stand and be firm to all intents and purposes as if the same had been done by Mr. Caesar himself living or by any Officer sworn in his said place since his decease Provided that this Temporary and Provisional Order be not in any thing prejudicial to any benefit profit or power of the Mr. of the Rolls but be used only for the necessary dispatch of the Subjects business until a more setled course may be taken therein Tho. Coventry Dud. Diggs Martis 7 die Novembris Anno Regni Caroli Regis 13. Inter Hugonem ap Richard Lewis al' quer ' William Owen al' Defendants 1637. Touching Examination of Witnesses Ordo Curiae WHereas in this cause some Questions did arise touching the couâ—se of the Court whether any new Interrogatories might be exhibited to new Witnesses in Court after a joint Commission executed in the Cause and the Master of the Rolls having heard what the Six Clerks and Examiners could say touching the same And the Six Clerks affirming that by the course of the Court no new Interrogatories may be exhibited in Court after a joint Commission executed in the Country And the Examiners averring that it hath always been the constant course of the Court that new Interrogatories may be exhibited in course for the Examination of any new Witnesses as often as the Client had occasion till publication what Commissions so ever there had been in the cause and that the Right Honourable the Lord Keeper had so declared himself at the publishing of the late Ordinances when this very point was urged by the Six Clerks New Interrogatories may be exhibited into Court for Examination of new Witnesses at any time before publication tho there have been joint Commissions in the cause the Master of the Rolls did this day declare in Court that he hath perused the Orders of this Court and the late Ordinances made by the Right Honourable the Lord Keeper and doth not find any thing therein to restrain the Exhibition of new Interrogatories into Court at any time before publication for examination of new Witnesses And that he having had conference with the L. Keeper for his opinion therein his Lordship was clear of opinion that new Interrogatories may be exhibited into Court for Examination of new Witnesses at any time before publication although there have been joint Commissions formerly executed in the Cause and therefore this Court doth now declare the same to be the course of the Court herein and doth order that the Order of reference to Sir John Mitchill for suppressing such Depositions taken in this Cause be discharged and a Vacat entred thereupon Privil ' per Exam ' Lunae 18 die Junii Anno Regni Caroli Regis 14. 1638. Concerning the Clerks of the Inrollments Ordo Curiae WHereas by the Letters-Patents of Incorporation of the Clerks of Inrollments 16 Eliz. it was ordained for the prevention of many abuses that one of those Clerks or at least one of their Deputies should always attend the acknowledging vacating or cancelling of all Deeds and Recognizances which as appeareth by the Rules of the Court succeeding Chancellors have ordered as also that all Deeds and Recognizances should within few days after the acknowledgment be Inrolled and duly brought over to the Chappel of the Rolls forasmuch as after many Commandments and Intimations given by me for the performance thereof there is yet continually so great a neglect that no Clerk of the Inrollments nor any of their Deputies do at any time attend that service I have thought fit to order Clerks of the Inrollments or their Deputies to attend their Office and that Deeds and Recognizances be Inrolled within few days after the acknowledgment and do hereby order and require the Clerks of Inrollments to reform this Error and either cause their Deputies to wait more diligently or else to change them according to the power given them by those Letters-Patents and because the Records which heretofore were duly brought over to the Chappel of the Rolls once in six Months are now divers years detained in the hands of Under-clerks I do Order and require the Clerks of the Inrollments immediately to take order that all the Inrollments of 11 12 Car. or before be brought this ensuing long Vacation into the Chappel of the Rolls according to the ancient manner there to be Filed and Calendred for the service of his Majesty and the use of his Subjects Martis 9 die Junii Anno Regni Caroli Regis 14. 1638. Concerning Transferring of Records Ordo Curiae THE Master of the Rolls in the Examination of a Cause depending in this Court betwixt Matthew Brookesby Esq Plantiff and Tho. Mason Clerk and others Defendants having discovered some irregularities in the transferring of Records from one Attorney to another in the Six Clerks Office by the Under-clerks whereby divers inconveniencies and prejudices have and may hereafter come to the Client by miscarrying of the said Records and finding howsoever the same is now practised and permitted by the Six Clerks who when a Pleading is Filed with one of them do many times intrust the Under-clerk who is towards that Cause with the delivery thereof to the Attorney of the other side Whereas by the ancient course and practise the Attorney with whom the said Record is once Filed ought with his own hands or by the hands of his Filing Clerk to deliver the said Record to the hands of the Attorney of the other side or his Filing-Clerk without trusting any other therewith whereof the Master of the Rolls having certified the Right Honourable the Lord Keeper wishing a reformation might be had thereof his Lordship having taken the same into his grave consideration for the preventing and avoiding of any farther prejudice or mischief that may at any time hereafter come unto the Client by such Errors or miscarriages as aforesaid doth think fit and so
order that from henceforth the Attorney of this Court upon the Filing of any Pleadings or Record with them The Attorney of this Court upon the Filing of any pleadings or Records with him shall by himself or his Deputy transfer the same to the Attorny of the other side shall by himself or his Deputy transfer and deliver the same Pleadings or Record to the Attorney of the other side or his Deputy without trusting any other Clerk to do the same and to the end that those Errors and inconveniences may be prevented and avoided for the future which do and may arise by reason sometimes more Records and Pleadings are entred in the Attorneys Filing-Book than in the Tituling Book of the same Attorney It is thought fit Every Six Clerk after the end of every Term shall examine their Tituling Book by the Filing-Book and so ordered by his Lordship that every of the Six Clerks or their Deputies shall from henceforth after the end of every Term and before the beginning of the then next Term examin and compare the Tituling-Book by them kept and the Filing-Book kept for the same Office the one with the other and certifie the Errors and supply the defects and omissions which they shall find therein that both may be made perfect and agreeable the one with the other Ordo Curiae vel Ordo Regis pro Fees 1638. Concerning Fees Ordo Curiae IT is his Majesties pleasure that the Judges of all his Majesties Courts at Westminster Juries in all the Courts to enquire the Fees of the Courts that have occasion to Impannel Juries of the Officers and Clerks of the same Courts to enquire of matters concerning the same Courts shall Impannel such Juries this Term and enquire what Fees have been usually taken in such of his Majesties Courts of Justice by the several Officers of the same Courts for the space of thirty years last past upon Certificate whereof his Majesty will take such course for the setling of those Fees in the said several Courts as to his Wisdom shall seem meet and the Lord Keeper is not only to perform this his Majesties pleasure in the Court of Chancery but to signifie the sâ—me his Majesties pleasure to the Judges of the other Courts that they may perform the same this Term. The Oath of the Officers that are to enquire of Fees in the Court of Chancery YOU shall diligently enquire and true Presentment make of all such Fees and payments as now are and by the space of thirty years last past have been used to be taken by any Officer Minister or Clerk of this Court as belonging or claimed to belong to him or them by reason of his Office place or Clerkship and what Fees now taken or claimed have been begun inhansed increased or innovated within the space of thirty years and when and how long since and how the same were so begun innovated inhansed or increased Martis 23 die Junii Anno Regni Caroli Regis 16. 1640. Concerning Subpaena's Ordo Curiae THe Right Honourable the L. Keeper taking notice that Subpaena's retornable immediate have been lately granted upon Petition by the Master of the Rolls which is a thing proper to be granted by his Lordship No Clerk shall take out any Sâ—bpaena retorn immediate without Order of the Lord Keeper and not otherwise It is ordered that all the Clerks of this Court do hereby take notice that from henceforth they may not take forth any Subpaena retorn immediate without the special command of the Lord Keeper Veneris 26 die Junii Anno Regni Caroli Regis 16to 1640. Concerning Subpaena's ad audiendum Judicium Ordo Curiae WHereas several Lord Keepers of the Great Seal of England having been informed of sundry abuses in the untimely and disorderly setting down of Causes for hearing in this Court Vide supra 1. Order confirmed fol. 1. and the obtaining of Subpaena's ad audiendum Judicium thereupon whereby ancient Causes have been kept back from hearing and other Causes thrust in to the prejudice of other Clients and scandal to the Court the Six Clerks towards the Cause never being made acquainted therewith for Reformation whereof their Lordships upon sundry Complaints to them made have by several Orders of the 18th of Feb. 19 Jacob. Regis the 28th May 21 Jac. and the 30th June 1th Car. now perused by the Right Honourable the Lord Keeper that now is Ordered and required that hereafter it should be carefully observed that no Subpaena should be made ad audiendum Judicium for any Cause of hearing whatsoever before the Clerk that makes the same Writ have a Note under the hand of the Six Clerk that is Attorny in the Cause No Subpaena ad audiend ' Jud ' before the Clerk have a written Note under the hand of the Six Clerk and Register to warrant the same and under the hand of the Register and in their absence under the hand of their sufficient known Deputies to warrant the same and that if any such Clerk should presume to offend therein then the said Clerk so offending was to stand committed for such his contempt Now forasmuch as the Right Honourable the now Lord Keeper was this day informed by the Six Clerks of this Court that of late times the said Order hath been neglected and divers Subpaena's have been made without any such Note from them or their Deputies in contempt of the said Order Whereupon his Lordship minding as his Predecessors have done to have the said Order put in Execution in all points and the penalty aforesaid to be inflicted upon the offenders Doth now Order that the Clerks of the Subpaena-Office having notice hereof shall at their peril and under the penalty aforesaid observe and perform the aforesaid recited Order without putting the said Six Clerks to make further Complaints to his Lordship for breach thereof Jo. Finch C. S. Sabbati 23 die Januarii Anno Regni Caroli Regis 22. 1646. At the Rolls Master of the Rolls Sir Edward Low Concerning Decrees made with the Assistance of the Judges Ordo Curiae IT is ordered that all Injunctions Decrees and Dismissions hereafter to be granted or made by any of the Judges sitting in Chancery Injunctions Decrees and Dismissions made by any of the Judges sitting in Chancery to be Signed by them shall be first Signed by them or such of them as shall grant or make the same before the Order whereby the same shall be so granted or made shall be entred in the Register whereof all the Six Clerks and other Clerks of this Court are to take notice and carefully to observe the same and to enter the Orders before the same be Signed by the Commissioners Lunae 26 die Aprilis Anno Regni Caroli Regis 23. 1647. Concerning Petitions The Earl of Manchester Speaker Ordo Curiae THE Right Honourable the Commissioners for the Custody of the Great Seal of England taking into consideration the many complaints that have
Clerk towards the Cause or in his absence such his Deputy as aforesaid thereunto put nor any Depositions or Answers taken by Commission to be opened or Copied till they be truly returned and delivered to the Six Clerk himself out of whose Office the Commission issued No Deposition or Answer taken by Commission to be opened or Copied till they be truly retorned to the Six Clerk or in his absence to such his Deputy as aforesaid and until the Publication be duly passed in the Cause as hath been anciently used 6. No Bills Privy Seal Commission Decrees Dismission Injunctions or Record to be carried to be Ingrost Inrolled Copied c. by the under-Clerks at their Chambers and so soon as they are Ingrossed Copied or Inrolled then he shall bring the Original Bill to the Six Clerk No Bill Privy Seals Commissions Warrants or other Pleadings Commission Decrees Dismissions Injunctions or Records whatsoever shall from henceforth be carried to be Engrost Enrolled Copied or otherwise used by any of the under Clerks to their Chambers or else where out of the Six Clerks Office or Lodgings there and when and so soon as any Clerk shall have Ingrossed Inrolled Copied or used any such Warrants Pleadings Commissions Decrees Dismission or other Record in the said Office he shall bring the Original thereof presently back to his Master or to such of the Six Clerks to whom the custody of the same doth or shall belong for the more safe keeping or disposing thereof Within one Term any cause shall be determined by Decree or Dismission the same be delivered to the Six Clerk And it is further ordered that within one Term after any Cause shall be determined by Decree or Dismission every Clerk that shall have any Decree or Dismission or that shall have any other Record of or touching the Cause in his custody shall deliver the same to that Six Clerk to whom it shall belong to keep the same or to such his Deputy as aforesaid according to the Ancient Usage 7. No Decree Dismission Injunction c. shall be presented by the Register to be Signed without the Six Clerks hand Subscribed No Decree Dismission Injunction or other Writ shall be presented by the Register of this Court his Deputy or any other to the Lord Chancellor or Keeper or other Commissioners for the keeping of the Great Seal or Master of the Rolls for the time being to be Signed without the proper hand of the Six Clerk in the Cause or such his Deputy as aforesaid in his absence first Subscribed thereunto 8. In all Joint Commissions the Commissiers Names shall be enterd in a Book for that purpose to be kept by the Six Clerk That in all Joint Commissions to take Answers examine Witnesses prove Contempts and other special Commission directed by the Court the Name of the Commissioners agreed on shall be entred in a Book for that purpose to be kept by the Six Clerk himself who hath the carriage of the Commission and Subscribed unto by each Six Clerk in the Cause or in their absence by such their several respective Deputy or Deputies whereby no alteration may be had of the Commissioners Names agreed on but by Order and that the under Clerk presume not to agree upon the Commissioners Names after any other manner Lastly It is Ordered that these Orders be fairly written in several Tables and hung up in the Office every Term in the Court to the end that all Counsellers Clients Clerks and Sollicitors may the better take notice of them to observe them and that they be likewise entred with the Register of this Court Rec. 21. Jan. 23 Car. Intrac tunc E. Manchester C. S. William Lenthall C. S. William Lenthall Mag. Rot. Lords Commissioners Sabbati 26. die Maii Anno Regni Caroli Regis 25. 1649. Filing of Affidavits Ordo Curiae WHereas Mr. Attorney General did this day move on the behalf of Sheffield Stubbs Register of the Affidavits of this Court and produced several General Orders made by this Court concerning the Filing of Affidavits contrary to which Orders there have been several abuses committed in not Filing of Affidavits and therefore was prayed that a General Order might be made for the redress thereof It is Ordered that their Lordships be attended herein and put in mind thereof when other General Orders are made and then such Order shall be made as shall be fit Lunae 26 die Novembris Anno 1649. Concerning Injunctions Ordo Curiae WHereas heretofore the course of the High Court of Chancery hath been when the Defendant or Defâ—ndants pray a Dedimus Potestatem to answer in the Country upon motion made by the Plaintiff the Court did grant an Injunction to stay Suits at Law which motion many times was hard to be obtained and chargeable to the Client this Court for a remedy of the said inconveniency and for the ease of the Client doth order and declare that for the future whensoever the Defendant or Defendants shall pray a Dedimus Potestatem to take their Answer Plea or Demurrer in the Country that the Plaintiff Six Clerk Writ of Injunction of course upon a Dedim ' Pot ' to take Answer Plea or Demurrer without motion by the Plaintiff or such his under Clerk as he shall appoint shall without motion made to the Court prepare and draw a Docquet and Writ of Injunction of course unto which Docquet it is ordered by the Court that the Six Clerks that are Attornies in the Cause or their respective Deputies shall subscribe their Names and in which Writ the Cause of granting the said Injunction is to be exprest in the usual form which Docquet and Writ being so prepared shall be presented to be Signed as formerly And this Court doth further order that this Order shall be observed for a constant Rule in this Court by the Six Clerks and their under Clerks that the Client may have the benefit thereof and if any Injunction in such case do issue forth in any other manner than as before is exprest it shall be void and of no effect B. Whitlock C. S. R. Keble C. S. Jo. Lisle C. S. W. Lenthall C. S. Sabbati 8 die Decembris Anno 1649. Touching Records Ordo Curiae IT is this day Ordered by the Honourable the Master of the Rolls that the Records of this Court untill 5 Car. now remaining with the Six Clerks of this Court in the Office of the said Six Clerk Records to be transferred over to the Chappel of the Rolls be tranferred over to the Chappel of the Rolls to be safely kept there according to the usual course and all the Callender thereunto belonging that may be had between this and the beginning of next Term. And it is also Ordered that the Clerks of the Chappel of the Rolls do receive the said Records and give a Catalogue to the Six Clerks for a receipt of so many of the Records as shall be transferred over to their
hands by the time aforesaid William Lenthall C. S. Lunae 1. Aprilis Anno 1650. Concerning Prisoners Ordo Curiae IT is this day Ordered by the Right Honourable the Lords Commissioners for the custody of the Great Seal of England that such Prisoners now in the Custody of the Warden of the Fleet Prisoners in the Fleet not worth 5 l. to have their Liberties by Habeas Corpus who have made Affidavits according to the late Act of Parliament for Prisoners that are not worth 5 l. shall have their Liberty by their Habeas Corpus upon their own Security to be given to the Warden of the Fleet. Veneris 21 die Junii 1650. Touching the Six Clerks Ordo Curiae WHereas only Mr. Hales one of the Six Clerks of this Court gave his Attendance this Morning sitting the Court at the entring into the hearing of the Cause wherein Kitchen is Plaintiff against Meredith Defendant Fine on a Six Clerk for not attending at an Hearing and the rest of the Six Clerks made default It is therefore this present day Ordered that such of the Six Clerks who so made default of their attendance and service to this Court at the beginning of that Cause be fined 10 s. a-piece to the Poor and the Usher of this Court is to receive the same to the use aforesaid Lunae 17 die Febr ' Anno 1650. Pleas and Demurrers Ordo Curiae THe Right Honourable the Lords Commissioners for the Custody of the Great Seal of England taking notice of many inconveniences by the entring Demurrers in the Paper after the same is set up in the Registers Office Plea and Demurrer to be put into the Paper at least two days before the hearing such Plea or Demurrer and after such Paper put in the Registers Office no alteration to be made therein whereby the other Side is many times surprized do think fit and order That from henceforth the Registers do not enter any Plea or Demurrer in the Paper at the instance of any person or Warrant for setting down the same on any certain day unless the Suitor shall bring such Order or Warrant to the Register to be so entred at least two days before the day appointed for hearing such Demurrers or Plea and that after such Paper made and set up in the Registers Office no addition or alteration shall be made therein Jovis 31. die Decembris Anno Regni Car ' Regis 16. 1640. The Nobility Answering Ordo Parl ' ORdered upon the Question Nemine Contradicente That the Nobility of this Kingdom and Lords of the Upper House of Parliament are of Ancient Right to answer in all Courts as Defendants Peers of the Realm to answer in all Courts upon Protestation of Honour only upon protestation of Honour only and not upon the Common Oath and that the said Order and this Explanation doth extend to all Answers and Examinations upon Entries in all Causes as well Criminal as Civil and in all Courts and Commissions whatsoever and also to the persons of the Widows and Dowagers of the Temporal Peers So the Widows and Dowagers of Temporal Peers of the Land and that the Lord Keeper of the Great Seal of England for the time being or the Speaker of the Lords House for the time being do forthwith give notice of it together with the explanation to all the Courts of Justice and the Judges Clerks and Registers of them by causing our former Order with this explanation to be recorded in all Courts and that all Orders Constitutions or Customs entred or practised to the contrary whensoever may be abolished and declared void and the Lord Keeper of the Great Seal for the time being or Commissioners of the Great Seal out of Parliament-time shall see all practice to the contrary hereafter to be punished with exemplary severities to deter others from the like attempts Jo. Browne Cleric ' Parl ' Lords Commissioners Wednesday the 15th of Octob. 1651. Concerning Examiners Ordo Curiae UPon motion this day made unto the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England by Mr. Rich and Mr. Raven on the behalf of the Examiners of this Court touching an abuse by some persons of late often committed in taking out and executing Commissions in and about London contrary to the General and Known Rules and Practice of this Court that no Commission shall be executed in London No Commission to be executed in London or w thin 20 miles thereof or within twenty miles thereof and several Orders of Court heretofore made in confirmation thereof their Lordships do appoint the Examiners to attend them with the Orders and Presidents of the Court in this Case and they will then be pleased to give such order for relief of this abuse as shall be just Lords Commissioners Fryday the 18th of June 1652. Concerning Motions Ordo Curiae WHereas heretofore Thursday in every Week in the Term-time was appointed by the Right Honourable the Lords Commissioners c. for the hearing of Motions and so observed for several Terms together to the great benefit of the Suitors but of late the said Custom hath been let fall without any Direction or Order from their Lordships and Causes appointed to be heard every day except the First and last through the whole Term. Their Lordships upon the motion of Mr. Chute do order that from henceforth Thursday in every week in the Term-time to be observed for motions only Thursday in every week in the Term-time unless when it happens to be the the second of the beginning or the last day save one of the end of the Term to be observed for hearing of Motions only and the Six Clerk as also the Secretary are to take notice thereof and not to tender or procure any Cause to be set down for hearing on that day Thursday the 16th of March 1653. An Order made by the Honourable William Lenthall Esq Master of the Rolls for the better ordering and safe-keeping the Records in the Six Clerk Offices FOr as much as there have been Complaints lately made to the Honourable the Master of the Rolls of divers Records lost or so mislaied in the Six Clerks Offices that they are not to be found which abuse and other mischiefs upon enquiry he finds to grow from the great neglect of due filing of Bills Answers and other Pleadings and carrying them out of the Office to be copied and lying scattered up and down the Offices in the Under-Clerks Seats His Honour taking consideration thereof and for redress for the future doth order and command all the Clerks in the said several Offices that they forthwith turn over all Bills Answers and Pleadings which they have in their several custodies or have delivered out to be copied and which ought to have been turned over and filed before this time to the end they may be all forthwith filed with the several Six Clerks for their safe custody And that all the
Clerks hereafter be more careful for the filing all Bills Answers and other Pleadings in due time and that no Clerk hereafter presume upon any pretences whatsoever to Copy any Bill Answer or other Pleadings before they be duly filed Bills Answers and Pleadings to be duly filed and no Copies to be taken thereof till they are filed No Record to be carried out of the Office to be filed and that the Client who delivers any Bill Answer or other Pleading to be so copied before the filing thereof shall be adjudged equally faulty as the other Clerk that shall so copy them And that no Clerk shall deliver any Record to be carried forth of the Offices to be copied And it is further ordered That if hereafter any disobedience by any of the Under-Clerks in that Office shall appear it is thereby ordered That the Six Clerks in whose Office the default shall be found shall forthwith present such default to the said Master and if the same be found true such Clerk or Clerks are hereby disabled to sit any more in that Office as an Under-Clerk or keep any Desk there and shall pay the full Damage and Costs that the party grieved whom it may concern shall be at by such default And it is further ordered That this Order be fixed up forthwith in the Office of the Six Clerks that every one may take notice thereof And his Honour doth further charge and command the Six Clerks that they respectively see these Orders from time to time duly observed as they will answer the contrary at their perils William Lenthall Order of the Master of the Rolls Thursday the 29th of June 1654. Concerning Records to be brought into the Chappel of the Rolls FOr as much as it appears to me and also upon several Complaints made to me and diligent enquiry thereupon that many inconveniences arise to the people of this Nation for that you the respective Officers under my charge do neglect to return and bring into the Chappel of the Rolls all Inrolments Inquisitions and Records in your several charges These are therefore to will and require you and every of you and I do hereby order you the several Clerks the Clerk of the Inrolments and the Clerk of the Petty-Bag to bring into the Chappel of the Rolls all such Inrolments Inquisitions and Records as have been usually brought into the Chappel of the Rolls Clerk of the Inrolments and of the Petty-Bag Inquisitions and Records to be brought into the Chappel of the Rolls and are not yet brought and are now in any of your respective Custodies together with the several and respective Callenders thereof fairly written and delivered to my self at or before the first day of August 1654. that thereby such use may be made of them as shall be for the most advantage and ease of the people and the preservation thereof more immediately under my view and if any of the said Officers shall neglect their duty herein such course shall be forthwith taken for their disobedience by sequestration of their several and respective Offices or otherwise as shall appertain to Justice and according to former Presidents in like cases And it is further ordered That this Order or a true Copy thereof be forthwith delivered to every one of the Officers aforesaid whom it may concern And also that this Order be forthwith fairly written and fixed in every Office that no excuse may be made for want of notice William Lenthall Monday the 23th of July 1655. Concerning Ideots and Lunaticks Ordo Curiae IT is this day ordered That no Order Affidavit or Certificate touching any Ideot Lunatick or Non Compos Mentis shall be made use of in this Court unless the same be filed with Mr. Shadwell the Clerk of the Custodies Order Affidavit or Certificate touching any Ideot Lunatick Non Compos Mentis to be filed with the Clerk of the Custodies within the space of five days inclusive next after the several and respective dates of such Orders Affidavits or Certificates N. F. C. S. J. L. C. S. Thursday the 9th of October 1656. Order on the behalf of the Masters of Chancery in Ordinary WHereas it appears by several Rules and Orders of this Court made by several Lord Chancellors and Lord Keepers that the Masters of the Chancery Extraordinary have been and are restrained from the exercising or doing any manner of Act as Masters of Chancery within the City of London or five miles compass thereof Masters Extraordinary not to act as Masters in Chancery in London or within five miles thereof and the Clerks and Officers of this Court are prohibited to receive or proceed upon any Acts done by the said Masters Extraordinary within the Compass aforesaid Upon consideration whereof had and upon hearing the Masters of Chancery in Ordinary It is this 9th day of October 1656. ordered by the Right Honourable the Lords Commissioners for the custody of the Great Seal of England that the said former Rules and Orders of Court do from henceforth stand revived and continue in force And to the end the same may be the better observed it is further ordered That from and after the 25th day of December next all Masters Extraordinary when they certifie any Answer Affidavit Deed or Recognizanc shall therewith also certifie as well the place where as the time when the same were sworn or acknowledged or in default of such Certificate of the place Masters in Chancery Extraordinary to certifie the time and place of taking any Answer Affidavit Deed or Recognizance or in case the same shall be sworn or acknowledged within London or five miles compass thereof such Affidavit Answer Deed or Recognizance shall not be admitted filed or inrolled without the special License of the Lords Commissioners or Master of the Rolls And that this Order be entred in the Register of this Court and Copies thereof set up and from time to time renewed and preserved for publick view in the Office of the Chief Register Chief Clerk of the Petty-Bag and Clerk of the Inrolments to the end that the said Master Extraordinary and the said Clerks and all Attorneys and other Officers of this Court may take notice and demean themselves accordingly and not otherwise Monday the 16th of February 1656. Of Examination of Witnesses Order of the Court. THe Right Honourable the Lords Commissioners for the Custody of the Great Seal of England taking into their serious Consideration the words of the late Ordinance for regulation touching the Execution of Commissions wherein it declared That after one Commission taken out by the Plaintiff The Plaintiff may take no more Commissions than one to examin Witnesses and not executed the Plaintiff shall be utterly debarred from exaamining any further Witnesses in his Cause Their Lordships are clear of Opinion that notwithstanding the literal sense of the said Regulation the Plaintiff in any Cause depending in this Court may have liberty to examin his Witnesses
Bills Answers and other Pleadings of Clients in Causes wherein the Plaintiffs or first Plaintiffs Sirname shall begin with A. B. C. D. F. or Y. and all Proceedings thereupon in the said Six Clerks Offices be from henceforth received filed bundled and kept by Mr. Pyndar and Mr. Bluck or one of them and their Successors in their Offices respectively and by no other And all Bills Answers and other Pleadings of Clients in Causes wherein the Plaintiffs or first Plaintiffs Sirname shall begin with E. G. H. J. K. L. M. N. or O. and all Proceedings thereupon in the said Six Clerks Offices be from henceforth received filed bundled and kept by Sir Cyrill Wych and Mr. Wilkinson or one of them and their Successors in their Offices respectively and by no other And all Bills Answers and other Pleadings of Clients in Causes wherein the Plaintiffs or first Plaintiffs Sirname shall begin with P. Q. R. S. T. V. W. X. or L. and all other proceedings thereupon in the said Six Clerks Offices be from henceforth received filed Bundled and kept by Sir John Marsham and Mr. Longville or one of them and their Successors respectively and by no other in manner as formerly hath been done by the Six Clerks And that all Cross Bills Bills of Reviver and Bills of Review and all proceedings thereupon be revived filed bundled and kept in the same Division of Letters where the former Suit touching the same matter began and not elsewhere and all Exemplifications Writs and Copies of or concerning the same Bills Answers Pleadings and Proceedings thereupon be made and expedited by them to whom the reviving filing bundling and keeping of the Records doth belong according to the allotments of Letters aforesaid and by no other And it is further ordered and ordained That if at any time hereafter there shall happen any difference to arise betwixt any of the Six Clerks touching any of their Under-Clerks or touching their Clients or their Causes or touching the filing of any Bill Answer or Pleading or other thing according to the division of Letters aforesaid or any other matters of their Offices that then the said differences be from time to time examined by the rest of the Six Clerks for the time being whom such difference for the present shall not concern who are to decide and determine the same or otherwise to certifie the true state of the Fact with their Opinion to the Master of the Rolls And because it is very manifest that these misdemeanours and enormities are gotten into the Office of the Six Clerks by the liberty and license which the inferiour Clerks have of late assumed to themselves and by their withdrawing their Obedience from and their dependence upon the Masters of the several Offices in which they write and by receiving too many Clerks of little or no experience into the several Offices It is likewise further ordered and ordained that every of the Six Clerks shall be limited and stinted to twelve Clerks Every Six Clerk to be stinted to 12 Under-Clerks at the most to serve immediately under him whereof fix at the least shall be expert in writing the Chancery Letter and every of those twelve shall take a Corporal Oath before the Master of the Rolls not to imbezil falsifie corrupt raze or deface any Bills Answers Pleadings Commissions Depositions Warrants Decrees Dismissions or other Records whatsoever belonging to the High Court of Chancery and to deliver forthwith unto the Six Clerks respectively or his Deputy unopened all Commissions and Depositions that shall come to their hands to be kept safely and secretly by the Six Clerk till publication and after being copied forthwith to return them Orders heretofore used in Chancery With such Alteration and Additions as the Right Honourable Edward Earl of Clarendon Lord High Chancellor of England with the Assistance of the Honourable Sir Harbottle Grimston Baronet Master of the Rolls have thought fit to Ordain Bills THat no Counsellor do put his Hand to any Bill How Counsellors are to demean themselves in drawing Bills Answer or other Pleading unless it be drawn or at least perused by himself in the Paper-draught before it be Ingrossed which they shall do well for their own discharge to sign also after perusal and Counsel are to take care that the same be not stuffed with the repetition of Deeds Writings or Records in haec verba but the effect and substance of so much of them only as is pertinent and material to be set down and that in brief terms without long and needless traverses of points not traversable tautologies multiplication of words or other impertinencies occasioning needless prolixity to the end the ancient brevity and succinctness in Bills and other Pleadings may be restored and observed much less may any Counsel insert therein matter meerly criminal or scandalous under penalty of good Costs to be laid on such Counsel to be paid to the party grieved before such Counsel be heard in Court If there be matter scandalous in a Bill Bill scandalous a Master of Chancery is to expunge it and to tax Costs for the Party scandalized but if on such reference the Master Reports the Bill not scandalous the Party procuring such reference shall pay Costs to the Plaintiff for such his reference That all Bills be dated the same day they are brought into the Six Clerks Office Bills to be dated the same day they are brought into the Office and that no Six Clerk presume to antidate any Bill and that no Under-Clerk presume to keep any Bill by him but with the first opportunity deliver the same to the Six Clerk or his allowed Deputy in his absence to be accordingly filed No Bill Answer or other Pleading shall be said to be of Record or to be of any effect in Court until the same be filed with such of the Six Clerks with whom it ought properly to remain Subpoena's THat all Plaintiffs may have liberty to take forth Subpoena's ad respondendum before the filing of their Bills if they please notwithstanding any late Order or Usage to the contrary That every Subpoena to Answer How every Subpoena is to be served Revive Review Rejoyn to Testifie or to hear Judgment shall be served personally or left at the Defendants dwelling-House or place of Residence with one of the Family And no Clerk of this Court shall issue any Attachment for not appearing but upon Affidavit first made Affidavit to be made of the Service positive and certain of the day and place of such Service of the Subpoena and the time of the Return thereof whereby it shall appear that such Service was made if in London or within twenty miles thereof four days at the least excluding the day of such Service Attachment for not appearing and if above twenty miles then to have been eight days before such Attachment entred and that such Attachment shall not be discharged but upon payment of usual Costs and
Mony for him and shall renew the Commission at his own Charges When a Commission is awarded to examin Witnesses and the one side produceth and examineth all his Witnesses and the other side doth not but prays a new Commission if it be granted he shall bear all the Charges If the other side examines no Witnesses but prays a new Commission he shall bear all Charges of the renewed Commission both in Court and in the Country as well for the Charge and Entertainment of his own Commissioners as of the Commissioners on the other side and the other side shall be permitted to cross-examin the Witnesses produced by him that reneweth the Commission but if he will examin any other Witnesses of his own then he shall bear his own part of the Charge the Charges herein mentioned to be ascertained by the Oath of the Party or of him that disbursed the Mony for him He at whose instance a Commission to examin Witnesses after a former Commission executed and returned Upon a renewed Commission all the Witnesses are to be examined 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 peril examin all his Witnesses by that renewed Commission or examin them in Court by the end of the Term wherein that renewed Commission is returnable without any more or farther delay That no Commission ad examinandum Testes be executed in London or within ten miles thereof No Commission ad examinand ' in London or within 10 miles without special Order first obtained upon Affidavit made of the Parties Inability to travel or other good Matter And that all Depositions taken by Commission in London or within ten miles thereof without special Order as aforesaid shall stand superseded and suppressed ipso facto and not allowed to be read as Evidence at the hearing of the Cause And the Parties who shall cause the same to be executed shall suffer such punishment for their Contempt and Irregularity as the Court shall think fit Depositions WHere either the Party Plaintiff or Defendant obtaineth an Order to use Depositions of Witnesses taken in another Cause Order to use Depositions taken in another Cause the adverse Party may likewise use the same without Motion unless he be upon special reason shewed to the Court by that Party first desiring the same inhibited by the same Order so to do No Motion shall be made in Court or by Petition for suppressing of Depositions How and when Motion or Petition shall be for suppressing of Depositions as irregularly taken until the Six Clerks not towards the Cause have been first attended with the Complaint of the Party grieved and certifie the true state of the Fact to the Court with their Opinion If the Attornies or Clerks on either side shall not for the case of their Clients agree before them for which purpose a Rule for Attendance of the Six Clerk in such Case shall be entred of course with the Register at the desire of the Party complaining which shall warrant their Proceedings and Certificate to the Court. Causes to be set down for hearing THe Six Clerks who are the only Attornies in this Court ought to inform themselves continually of the State and Proceedings of their Clients Causes and to give Account to the Clerk as the Attornies in all other Courts do and not to leave the Care and Knowledge thereof upon their Under-Clerks who attend not in Court and the Clients and such as follow their Causes are to acquaint their Attornies for that purpose Such as desire to have their Causes set down for hearing How and when Causes are to be set down for hearing must repair to the Six Clerk that is Attorney in the Cause at least six days before the end of the Term that the Six Clerk may inform himself of the state of the Cause of the long or short dependance thereof in Court of the Antiquity of the Publication of the weight or value of the Cause and all other circumstances material to inform the Lord Chancellor Lord Keeper or Master of the Rolls at the time of the setting down of Causes and the Six Clerk may not refuse to offer the same to be set down if he be attended in such time as aforesaid nor come unprepared to inform the Lord Chancellor Lord Keeper or the Master of the Rolls of the Nature and Circumstance of the Cause aforesaid And neither he nor any of his Under-Clerks To be set down without Fee nor any of the Registers are to take any Fee Gratuity or Reward for the same No Mony or other Reward shall in any wise be exacted or taken directly by any of the Six Clerks or any of the Registers for or in their behalf for the preferring and setting down of any Cause for hearing but only such Fees as are behind and unpaid of their Termly Fees and Duties if any be and if any Cause happen to be set down for hearing wherein they shall not have been satisfied their due Fees and Duties they may alledge the same in stay of hearing of the Cause Proceedings in hearing Causes WHere no Councel appears for the Defendant at the hearing and Process appear to have been duly served the Answer of such Defendant shall be read At the hearing if no Counsel appear for the Defendant his Answer shall be read and to proceed afterwards and if the Court upon such hearing shall find Cause to decree for the Plaintiff yet a day shall regularly be given to the Defendant to shew Cause against the same but before he be admitted thereunto he shall pay down to the Plaintiff or his Attorney in Court such Costs as the Court upon that hearing shall assess and the Order is to be penned by the Register accordingly viz. It is decreed so and so c. Unless the Defendant shall by such a day pay to the Plaintiff or his Attorney in Court Costs and shew good Cause to the contrary and such Defendant upon his shewing Cause shall first produce a Certificate from the Plaintiffs Attorney in Court that he hath paid the Costs or Affidavit of Tender or Refusal thereof Contempts ALl Process of Contempt shall be made out into the County where the Party prosecuted is resident All Process of Contempt to be made into the County where the Party is resident unless he shall be then in or about London in which Case it may be made in the County where the Party then is And if any person shall be taken upon Process otherwise or irregularly issued the Party so taken first appearing unto and satisfying the Process which did regularly issue against him shall be discharged of his Contempt and have his full Costs to be taxed of course by the Six Clerk not towards the Cause for such undue or irregular Prosecution from the time that the Error first grew without Motion or
Action and by Process thereupon the Defendant is not only usually arrested but frequently proceeded against to the Outlawry to the great damage of the Subject and the loss and diminution not only of the proper Original Writs issuing out of this Court but also of his Majesty's Revenue for the casual Fines thereupon due and payable It is therefore Ordered That no Cursitor of this Court from and after the first day of Trinity Term next ensuing make or cause to be made any Writs of Clausum fregit or Clausum Domum fregit within the City of London without special Warrant from the Lord Chancellor or Lord Keeper of the Great Seal of England or Master of the Rolls for the time being unless it be made appear by Affidavit or some other probable Evidence that the same is the true and proper Cause of Action No Clausum fregit to be made in London without special warrant from the Lord Chancellor c. or it be made appear that the same is the true cause of Action That no Cursitor of any other County do make or permit to be made within his respective Division any of the said Writs of Clausum fregit or Clausum Domum fregit of any other Return than of the last Return of every respective Term unless it be to warrant Arrests No Writs of Clausum fregit to be made of any other retuâ—n than of the last return after every Term except in two cases and Testatum Capias only That no Cursitor shall from and after the end of Michaelmas Term next ensuing make Of what returns the Cursitor is to make his Original Writâ— or permit to be made within his respective Office and Division any Original Writ whatsoever of any Return past unless he shall receive the Instructions for making thereof within the Term wherein the said Writs are to be returnable or at the farthest on or before the first Essoyn-day of the next succeeding Term without special Warrant from the Lord Chancellor or Keeper of the Great Seal of England or Master of the Rolls for the time being or good Cause to be allowed of by the Principal and Assistants of the Company of the Cursitors for the time being or the major part of them at their publick Meetings according as heretofore hath been used The Cursitors are to take care that they employ under them in their Office none but persons of known Integrity and Ability and if any Clerks or Persons so employed shall be found faulty in the Premisses he shall be expulsed the Office and the Cursitor who so employed him shall be answerable to the Court for such Misdemeanors and such person or persons who shall be discovered to do or proceed otherwise than is before mentioned shall be liable to such Censure for his Offences as the Court shall find just to inflict upon him Petitions NO Injunction for stay of Suit at Law shall be granted revived dissolved or staid upon Petition nor any Injunction of any other Nature shall pass by Order upon Petition without Notice and a Copy of the Petition first given to the other side Injunction not to be staid granted or dissolved upon Petition without notice and a Copy of it to the other side and the Petition filed with the Register and the Order entred No Sequestration Dismission Retainers upon Dismissions or final Orders are to be granted upon Petition No Sequestration dismission Retainers upon dismissions to be granted upon Petition No former Order made in Court is to be altered or explained upon a Petition or Commitment of any person taken upon Process of Contempt to be discharged No former Order of Court to be altered or explained upon a Petition or Commitment of any person on Contempt to be discharged by it but upon hearing the adverse Party his Attorney or Clerk towards the Cause Paupers AFter an Admittance in Forma Pauperis no Fee Profit or Reward shall be taken of such Party admitted by any Counsellor or Attorney for the dispatch of the Paupers Business during the time it shall depend in Court No Fee to be taken during the Paupers business depending in Court and the Penalty and he continued in Forma Pauperis nor any Contract nor Agreement be made for any Recompence or Reward afterwards And if any person offending herein shall be discovered unto the Court he shall undergo the displeasure of the Court and such farther punishment as the Court shall think fit to inflict upon him and the Party admitted who shall give any such Fees or Reward or make any such Contract or Agreement shall be from thenceforth dispaupered and not be afterwards admitted again in that Suit to prosecute in Forma Pauperis Causes of being dispauper'd and dismissed If it shall be made appear to the Court That any person prosecuting in Forma Pauperis hath sold or contracted for the benefit of the Suit or any part thereof while the same depends such Cause shall be from henceforth totally dismissed the Court and never again retained Such Counsel or Attorney as shall be assigned by the Court to assist the person in Forma Pauperis either to prosecute or defend may not refuse so to do unless they satisfie the Lord Chancellor of England or Lord Keeper or Master of the Rolls who granted the Admittance with some good reason of their forbearance That the Counsellor who shall move any thing to the Court on the behalf of a person admitted in Forma Pauperis ought to have the Order of Admittance with him The Counsel who moves for a Pauper ought to have the Order of admittance with him and first to move the same before any other Motion And if the Register shall find that such person was not admitted in Forma Pauperis he shall not draw up any Order upon the second Motion made by any such Counsel but he shall lose the fruit of such second Motion in respect of his abuse to the Court. No Process of Contempt shall be made forth and sent to the Great Seal at the Suit of any person prosecuting as Plaintiff in Forma Pauperis until it be signed by the Six Clerk No Process of Contempt to be made at the Suit of a Pauper till it be signed by the Six Clerk who deals for him and the Six Clerks are to take care that such Process be not taken out needlesly or for vexation but upon just or good grounds as they will answer it to the Court if the contrary shall appear And lastly It is Ordered That all Masters of the Court of Chancery Counsellors and all Officers Ministers Clerks and Solicitors in the said Court do observe these Orders which are to continue until upon farther consideration and experience any alterations shall be fit to be made therein Clarendon Har. Grimston Mercurii 27 die Feb ' Anno Regni Caroli II. Regis 19. 1667. Touching Examination of Witnesses Ordo Curiae WHereas the Masters in Chancery upon
References to them upon Hearings for the ease of the Court in stating of Accounts and other like matters have of late been armed with Commissions to Examin Witnesses and Power to direct Commissions into the County if they saw cause Whereupon difference hath risen between the said Masters and the Six Clerks and Examiners of this Court about the Right of taking and keeping such After-Examinations and to whom such Commissions and the Depositions thereby taken should be returned kept and copied And the Right Honourable the Lord High Chancellor of England being acquainted therewith was pleased to appoint this present day for hearing all the said parties and accordingly his Lordship being assisted by the Honourable the Master of the Rolls and having respectively heard the said Masters Six Clerks and Examiners then present touching the same declared That such Commissions and Examinations ought not to be returned to or taken or kept by the said Masters in regard whilst they are in their hands the same are not any Records to ground their Reports and the Judgment of the Court upon in case the Cause should afterwards come to hearing upon Exceptions to such Reports or be otherwise reheard and that the Client cannot have authentick Copies at any such Hearing nor exemplifie or otherwise make use of the same at any Trial at Law to be directed by this Court or otherwise And in regard such Examinations are in danger to be lost or not known where to be found upon the death or removal of such Master who keeps the same and that Clients will be encouraged more frequently to neglect or forbear to make their full proofs although they ought and might do it before publication purposely to take advantage of such later proofs which may occasion the lengthning out of Causes to the great charge and delay of the Suitors in this Court. Therefore his Lordship upon serious consideration of the whole matter and preventing such inconveniences and irregular proceedings as aforesaid doth think fit and so order That for the future all parties concerned do at their perils as much as in them lies After publication Interrogatories may be exhibited to examin Witnesses make their full proof before publication passeth in the Cause But if upon any such reference the Master shall find any particular points or circumstances needful to be proved to ground his Report upon which are not fully proved nor could properly be examined to before the hearing of the Cause he shall then direct the parties to draw Interrogataries to such Points or Circumstances only and examine thereupon in Court by the Examiners if the Witnesses shall be or reside within ten Miles of London as by the Rules of the Court they ought to do but if farther off and the parties desire it he may direct a Commission into the Country Or to direct a Comission into the Country which is to be made out by the Six Clerks which said Commission and the Depositions thereby taken shall be returned unopened to the respective Six Clerk which ought to have the keeping thereof and publication to pass according to the course of the Court in such Cases and all other Examinations in this Court for the future not taken and kept of Record by the Six Clerk or Examiners as aforesaid are from henceforth declared to be void and shall not be admitted to ground any such Report or otherwise be made use of in any proceedings in this Court or at Law Clarendon Chanc ' Sabbati 1 Feb ' Anno Regni Caroli II. Regis 20. 1668. Ordo Curiae WHereas by an Order made by the Right Honourable Edward Vide supra 18. July 1666. Repealed Earl of Clarendon late Lord. High Chancellor of England and the Honourable Master of the Rolls bearing date the 18th day of July 1666. It was ordered that all Bills Answers and other Pleadings thereupon in the Six Clerks Office and all Exemplifications Writs and Copies in the Causes should be filed made and expedited according to the division and allotment of the Letters of the Alphabet in the Causes wherein the Plaintiff or first Plaintiffs Surname began as therein is mentioned by the respective Six Clerks therein named and their Successors respectively and by no other against which several Complaints have been made to the Lord Keeper by several Suitors upon examination whereof and Conference with the Master of the Rolls his Lordship held the said Order unfit to be continued and further put in Practice and doth therefore order that the said Ordinance be from henceforth discharged and that the Method thereby directed be not from henceforth for the future practised or observed but all Clients be at liberty to chuse their own Attorney Clients to be at liberty to chuse their own Clerk or Attorney and that the business of the Court from henceforth be dispatched as formerly was used before the making of the said Ordinance Bridgman C. S. Lunae 25 May Anno Regni Caroli II. Regis 20. 1668. Touching the Usher of the Court. Ordo Curiae WHereas by two several Orders the one of the 8th and the other of the 10th of April last made in a Cause wherein John Elliott Esq is Plaintiff and Jane Hicham and others Defendants upon Complaint of the said Plaintiff against Mr. Joseph Herne late Usher of this Court Usher of this Court forfeited his Place fornon-attendance for the Reasons then alledged it was the said 8th day of April ordered that the said Mr. Herne should be called in Court three several times that Day and so three times on three several days successively to attend in Court according to the duty of his Place And the said Mr. Herne being according to the Command and Direction aforesaid called by the Cryer of this Court three several times upon three several days and not appearing upon either of them to give his attendance in order to the execution of his Place as Usher of this Honourable Court The Right Honourable the Lord Keeper of the Great Seal of England did the said 10th day of April order that the said several defaults should be recorded in the Petty-Bag to the end such further Order should be taken as should be just with the said default being accordingly recorded and the said Mr. Joseph Herne being again this day by the command of his Lordship called three several times to give his attendance in this Court as aforesaid and not appearing his Lordship declared the said Place to be void and that the same was forfeited for his not attendance and doth therefore order that the aforesaid several defaults together with this Order be also recorded in the Petty-Bag Jovis 18 die Junii Anno Regni Caroli II. Regis 20. 1668. Touching Under-Clerks and Fees Ordo Curiae FOr the better regulating of the Office of Six Clerks and for setling the differences lately arisen between the Six Clerks and the Under-Clerks of the said Office in such manner as that the inconveniences occasioned
by the said differences to the hindrance of the dispatch of the business of this Court may be hereafter avoided it is this present 18th day of June in the 20th Year of the Reign of our Sovereign Lord Charles the Second c. by the Right Honourable Sir Orlando Bridgman Knight and Baronet Lord Keeper of the Great Seal of England and the Honourable Sir Harbottle Grimstone Baronet Master of the Rolls and by the Authority of this High and Honourable Court of Chancery ordered ordained and decreed That on or before the 1st day of November next ensuing all the present Under-Clerks of the said Office who now are allowed and admitted to practise except such only against whom there is just cause of exception in the Judgment of the Honourable the Master of the Rolls shall be admitted Clerks of this Court and that as well they the said Under-Clerks so to be admitted as every other person hereafter to be admitted to the place of an Under-Clerk in the said Office shall at or before the time of such his admission and before his or their entrance upon that Imployment take this Oath following that is to say The Oath of the Under-Clerks YOU shall swear that you shall not willingly do procure or assent unto any thing whereby any of the Records Rolls Pleadings Books or Writings of or belonging unto the Court of Chancery which shall be under the keeping or charge of the Master of the Rolls for the time being or of any of his Clerks or Ministers or which shall come to your hands or whereunto you shall have recourse shall be imbezled falsified corrupted rased or defaced or whereby any corruption fraud or deceit may be done thereby but shall well and truly entreat and deal with the said Records Rolls Pleadings Books and Writings according to your best knowledge and understanding and that you shall do your utmost endeavour for the safe and secret keeping of all Examinations and Depositions of Witnesses that shall be delivered unto you or shall come to your hands without opening publishing or disclosing till publication be granted by the Court or otherwise by the assent of the Parties or their Attorneys according to the Course of the same Court. So help you God And that upon the death or removal of any of the said Under-Clerks so to be admitted and sworn in each respective Six Clerks division no other person or persons shall from and after the time aforesaid be admitted or sworn an Under-Clerk of the said Office or be admitted to practise in the place or places of him or them so dying or being removed until the number shall be reduced to ten Under-Clerks in each respective Six Clerks division that so the number of the Under-Clerks of the whole Office may be reduced to sixty Clerks and no more Sixty Under-Clerks in the Office at which number the said Under-Clerks shall from and after such reducement be continued unless this Court shall find it necessary to increase or abridge the same and when any vacancy shall happen of any the Under-Clerks places after such reducement as aforesaid none shall be nominated by the Six Clerks respectively for the place of the said Under-Clerks respectively unless he and they have been educated and brought up in the said Office Under-Clerks to be such as are brought up in the Office and have served seven years at the least as a Clerk under some of the Six Clerks or Under Clerks and shall be of honest and civil behaviour and be otherwise fitly qualified for the said imployment And it is hereby further ordered ordained and decreed that no person upon any pretence whatsoever shall be permitted to practise as an Under-Clerk in the said Office but such only as shall be sworn and admitted as aforesaid and that no Under-Clerk so to be sworn and admitted as aforesaid shall at any time on any pretence whatsoever be deprived suspended or in any ways hindred in or from the exercise of his or their said Imployment but by Judgment or Order of the Lord Chancellor Lord Keeper or Master of the Rolls for the time being only And that out of the Fees payable by the Clients the said Under-Clerks respectively so to be sworn and admitted as aforesaid shall and may have receive retain and keep to their own uses respectively the several Fees and Allowances hereafter-mentioned and shall be accountable to the Six Clerks respectively for any business to be dispached in the said Office after the rates and proportions only herein after set down and not otherwise that is to say Clerks Fees That the Under-Clerks shall have and receive and retain to their own uses respectively OUt of the Termly Fee of 3 s. 4 d. the sum of 1 s. 4 d. And for all Copies of Bills Answers Pleas Demurrers Replications Rejoynders Depositions Interrogatories and other Records usually dispatched in the said Office for four pence a sheet and the Fee of 6 d. per sheet usually paid for the transcript of the Bill annexed to the Writ of Dedimus potestatem 4 d. And 12 s. 8 d. per skin for all Exemplifications 12 s. 8 d. And 2 s. 8 d. for every Dedimus potestatem 2 s. 8 d. And 3 s. 2 d. for every Ordinary Commission and Rejoyning Commison to examin Witnesses 3 s. 2 d. And 4 s. for every Commission of Rebellion 4 s. And 3 s. 2 d. for every Writ of Execution of an Order 3 s. 2 d. And 16 s. 4 d. for every Decree and Dismission 16 s. 4 d. And 13 s. 2 d. per skin for every Writ of Execution of a Decree 13 s. 2 d. And 6 s. 8 d. for every Injunction 6 s. 8 d. And 1 s. for every Attachment and Attachment of Proclamation 1 s. And a Moiety of oll other Fees for all other Writs usually dispatched by the Clerks in their Clients Causes Moiety And the Under-Clerks respectively shall be accountable to the Six Clerks respectively only For 2 s. residue of the said Termly Fee of 3 s. 4 d. 2 s. And 4 d. per sheet of all Copies of all Bills Answers Pleas Demurrers Replications Rejoynders Depositions Interrogatories and other Records usually dispatched in the said Office 4 d. And 14 s. a skin for every Exemplification 14 s. And 4 s. for every Dedimus potestatem 4 s. And 3 s. 6. for every Commission and Joyning in Commission to examin Witnesses 3 s. 6 d. And 6 s. for every Commission of Rebellion 6 s. And 3 s. 6. for every Writ of Execution of an Order 3 s. 6 d. And 17 s. for every Decree and Dismission 17 s. And 13 s. 6 s. per skin for every Writ of Execution of a Decree 13 s. 6 d. And 6 s. 8 d. for every Injunction 6 s. 8 d. And 1 s. for every Attachment with Proclamation 1 s. And for a Moiety of all other Fees for all other Writs usually dispatched by the Clerks in their Clients Causes Moiety And it is further ordered
ordained and decreed by the Authority aforesaid That if any of the said Under-Clerks for the time being after his or their receit of any of the Fees and sums of Mony aforesaid or after his or their delivery out to his Client or any on his behalf any Writs Commissions Exemplifications or other Process or of any Copies of any Bills Answers or other Pleadings made written or dispatched in the said Office and shall not faithfully and duly account for and pay what belongs to every Six Clerk to whom he is accountable and ought to pay for the same according to the rates and proportions aforesaid without any wilful delay or concealment That in such case every Under-Clerk so offending upon complaint and proof thereof made before the Right Honourable the Lord Chancellor Lord Keeper or Master of the Rolls shall over and besides such remedy as the Six Clerks have legally for the same undergo such punishment as the said Lord Chancellor Lord Keeper or Master of the Rolls for the time being shall judge meet to stand with Justice and the nature of his demerit who will be the more careful to see the said Six Clerks righted therein in respect they do by the reason of the more sure and just payment of the residue of their said Fees abate much of what heretofore they used to receive And it is also ordered ordained and decreed by the Authority aforesaid That from henceforth no Commission Writ or process usually made or dispatched in the said Office shall from henceforth be put to the Seal nor any Copies of any Pleadings Commissions Depositions Certificates or other Records usually dispatched in the said Office No Commission Writ or Process shall be put to the Seal nor any Copies of Pleadings Commissions Depositions Certificates c. to be delivered out of the Office until they be first signed by the Six Clerks c. shall be delivered out of the said Office to any Client until the said Commissions Writs Process and Copies respectively shall be first signed by the Six Clerks to whom the same doth or shall properly belong to his Deputy or in his or their absence by some other of the Six Clerks not towards the Cause And that all Commissions whereby any Depositions are taken and returned which belong to the Six Clerks to receive shall immediately upon the bringing in or return thereof into Court be delivered to the Six Clerk to whom the same doth properly belong or his Deputy to be safely and securely kept till publication be duly passed and not to be from henceforth in any wise kept back or broken open by any of the Under-Clerks or other person till publication thereof shall be passed as aforesaid for which end and purpose each Six Clerk is hereby injoyned to have one or more Deputy or Deputies to be constantly resident and attendant in the said Office The Six Clerk to have one or more Deputies to be constantly attendant in the Office in the absence of the said Six Clerks for signing of Writs Copies and receiving Commissions as aforesaid And it is further ordered and decreed That all Rules whatsoever shall from time to time be duly entred in the Common Book commonly called the House-Book All Rules to be duly entred into the House-Book and notice thereof to be given to the Under-Clerk of the other Side and that upon entring of such Rules notice shall from time to time be given to the Under-Clerk on the other Side that is towards the Cause to the end the Client may not be surprized thereby And that upon the delivery out of any Copy the Clerk who copied and delivered the same shall bring back and deliver the Record to the Six Clerk from whom he received the same to the end the same may be filed and bundled with the rest of the Records in the same Cause and that all Bills Answers Replications Rejoinders and other Proceedings relating to any Suit commenced in this Honourable Court since the first day of Michaelmas Term last and now remaining unfiled in the custody or possession of any Under-Clerk of the said Office shall in some convenient time be produced and filed with such Six Clerk to whom the same shall properly belong and that the Under-Clerks respectively according to the proportions before mentioned shall duly satisfie and pay the Six Clerks respectively the Fees due for the same as aforesaid The Under-Clerk to give to the Six Clerk a Note of the Name and Place of abode of such their Clients who are in arrears for F es And in case such Under-Clerk respectively have received all the due Fees for the same of their Clients respectively and if not then they are to give unto the Six Clerks respectively a Note in writing under his or their Hands of the Name or Names Place or Places of abode of such Client or Clients who are in arrear for any Fees due to them and the quantum of such Fees to the end the Six Clerks respectively may take such course for the recovery thereof as they shall be advised and that for so much the said Under-Clerks shall be discharged and acquitted from every further demand from them concerning the same And lastly it is ordered ordained and decreed That this present Decree shall be inrolled in the Judgment Rolls of this Court to be observed for the future to all intents and purposes according to the Tenour and true Meaning thereof Orlando Bridgman C. S Harb Grimstone M. Rolls Sabbati 31 die Octob ' Anno Regni Caroli II. Regis 20. 1668. Touching Under-Clerks Ordo Curiae WHereas on the 18th of June last Supra 18 June 68. a Decree was made for the Regulating of the Office of Six Clerks and for setling of the differences lately arisen between the Six Clerks and the Under-Clerks of the said Office by the Right Honourable Sir Orlando Bridgman Knight and Baronet Lord Keeper of the Great Seal of England and the Honourable Sir Harbottle Grimstone Baronet Master of the Rolls wherein it is amongst other things decreed That on or before the 1st day of November next ensuing all the present Under-Clerks of the said Office who now are allowed and admitted to practise except such only against whom there is just cause of exception in the judgment of the Honourable the Master of the Rolls should be admitted Clerks of this Court and that as well they the said Under-Clerks so to be admitted as every other person hereafter to be admitted to the place of an Under-Clerk in the said Office should The time for admitting and swearing the Under-Clerks enlarged at or before the time of such his admission and before his and their entrance upon that imployment take the Oath therein particularly expressed Now for as much as the time prefixed by the said Decree is near expired and there be many of the said Under-Clerks who by reason of their remoteness of dwelling or other accidents are not as yet come to
Town whereby the said Decree cannot in strictness be performed It is this present day ordered by the Right Honourable the Lord Keeper c. and the Honourable the Master of the Rolls that the said time be inlarged till the first day of the next Term without any prejudice to any absent under-Clerk who shall not come in to be admitted and sworn in the mean time Mercurii 18 die Novembris Anno Regni Caroli secundi Regis 20. 1668. Touching Priviledge Writs Pauper Writs and Renewed Writs Ordo Curiae FOrasuch as the Right Honourable the Lord Keeper c. was this day informed by Mr. Collings on behalf of several Officers and Clerks of this Court that all small Writs that passed the great Seal for priviledged Persons and for such as are admitted to sue in this Court in Forma Pauperis and Renewed Writs were and usually have been by ancient course delivered to persons by whom such Writs have been Sealed or to their Clerks without paying any thing therefore and that by an Order of this Court made the 12th of February 14 Caroli secundi Vide supra 12 Feb. 14 Car. 2. upon information of one Mr. Hutton a Clerk or Deputy to the Right Honourable the Lord Newbrough through whose Office all Writs of that nature do pass refuseth to deliver the same without Fees for the Seals thereof It was thereupon ordered That all Writs which should be sealed for priviledged Persons and for Suitors in this Court in Forma Pauperis and Renewed Writs should from henceforth be delivered to the persons for whom the same should be sealed or to their Clerk without paying or giving any thing for the same which Order was observed by the said Mr. Hutton during the time he continued his Employment in the said Office But one Mr. William Adderly who now Farms the said Office under the Commissioners of His Majesty's Treasury refuses to deliver such Writs aforesaid without paying Fees for the Seals thereof Pâ—iviledge Wâ—its Pauper Writs and Renewed Wâ—its to pay no Fees It is ordered by his Lordship That the said Mr. Adderly do observe and conform to the Order aforesaid by delivering all Writs which shall be sealed for priviledged Persons and for Suitors to this Court in Forma Pauperis and Renewed Writs to the persons for whom the same shall be sealed or to the Clerk without paying or giving any Fees for the same unless the said Mr. Adderly having notice thereof do on the last day of this Term shew cause to the contrary Sabbati 12 die Feb ' Anno Regni Caroli II. Regis 22. 1670. Concerning Exceptions to a Masters Report Ordo Curiae THe Right Honourable the Lord Keeper taking notice of the trouble and loss of time to the Court and expences and delay to the Suitors occasioned by putting in Exceptions to Masters Reports many of which do prove frivolous and vexatious doth for the prevention thereof declare and order That for the future from this time every person that shall put in Exceptions to a Masters Report shall besides the 40 s. deposited upon exhibiting the same pay 10 s. farther Costs for every Exception or distinct branch of an Exception which shall upon the hearing thereof be over-ruled He who puts in Excceptions to a Masters Report besides 40 s. shall pay 10 s. Cost for every Exception that shall be over ruled Martis 8 die Aprilis Anno Regni Caroli II. Regis 25. 1673. At Exeter-house by the Right Honourable the Lord Chancellor About the Impositions on Law Proceedings Ordo Curiae ORdered upon the humble request of the Farmers of his Majesty's Duty arising by virtue of an Act of Parliament for laying Impositions on Proceedings at Law That the Agent or Agents of the said Farmers shall have liberty to attend from time to time and view all Copies of Records of the said Court that shall be offered to be read or made use of in any Motion or on the hearing of any Cause arguing of any Pleas or Demurrers or exceptions to Reports at the Lord Chancellors and also at the hearing of all Causes at the Rolls to the end it may be known whether such Copies be signed by the proper Officer appointed for that purpose by the said Act and His Majesty's Duty duly answered for the same And all Counsellors Clerks Solicitors or others in whose Custody any such Copy shall be are required to permit the said Agent or Agents on request in that behalf Farmers of the Duty of the Law Tax how to manage themselves for the better collecting thereof to view and take an account of the same according to the direction of the said Act that the said Agent or Agents shall have liberty to attend at all Publick Seals from the time of opening the Seals to the shutting up thereof and shall put up all Writs and other things that shall be sealed into a Bag for that purpose and go immediately after the Seal is over with the Clerk of the Hanaper or his Deputy to the Hanaper Office and then take an account of all the said Writs and other things Sealed and stamp the same with a Stamp to be provided by the said Farmers for that purpose and if necessity do require that any Writs or other things Sealed shall be delivered out immediately after Sealing the same shall be first stamped and an account taken thereof by the said Agent or Agents but neither the Clerk of the Hanaper nor his Deputy nor any other shall presume to deliver out or take away any Writs or other things whatsoever that shall pass the Seal until the same be so stamped that the said Farmers Agent or Agents giving their due attendance from time to time to perform the same that some person whom the Farmers shall for that purpose appoint shall attend at all private Seals and take an account of and make an Entry into a Book to be kept by him for that purpose of all Writs and other things that shall be Sealed at such private Seal and shall also write his Name on the backside of such Writs and other things so Sealed and see that His Majesty's Duty be answered for the same Shaftsbury C. Har. Grimstone Jovis 8 die Maij Anno Regni Caroli II. Regis 25. 1673. At Exeter-house ad idem Ordo Curiae THe Right Honourable the Lord High Chancellor c. having this day heard the Farmers of His Majesty's Duties arising by impositions and proceedings at Law and their Counsel and also the Six Clerks Office in the Court of Chancery and the Under-Clerks in the Six Clerks Office to several things offered by the said Farmers for better collecting the said Duties arising within the said Six Clerks Office doth order and direct according to the Power and Authority given him by the said Act. 1. That no Clerk or Solicitor do send or knowingly permit or suffer to be sent any Bill Answer Plea Demurrer Depositions of Witnesses or other Record of the said Court or any
his respective Plea or Answer which the said Master is to certifie and also in whose presence such Answer or Plea was sworn and in case any Defendant or Respondent shall put in any Answer Plea or Examination or Witnesses be examined without such notice being left as aforesaid such Defendants or Respondents may be proceeded against as if no Answer were put in or Examinations taken and the Depositions of such Witness or Witnesses are to stand suppressed And the Masters of this Court are to be very circumspect careful and wary in the Administring of Oaths to all persons whatsoever that the same be administred reverently and according to Law Finch C. Term ' Paschae _____ Anno Regni Caroli II. Regis 28. 1676. Touching farther Answer Ordo Curiae WHereas all persons summoned to appear in propriis personis and answer such Bills as are exhibited against them ought fully to answer before they depart Yet of late Complaints have been made that Defendants for delay either put in frivolous Pleas or Demurrers on insufficient Answers and such Plea or Demurrer being over-ruled or Answer reported insufficient new process of Subpoena issued to make farther Answer and when Defendants had stood out Process of Contempt for want of Appearances or Answers in time and have been discharged thereof by paying or tender and refusal of the Costs new Process of Contempt were to issue for any subsequent fault which occasioned not only great delay but expence and vexation to the Prosecutor which the Right Honourable the Lord High Chancellor of England taking into consideration for prevention of the like dilatory proceedings for the time to come doth order and ordain That in all such cases where the Defendants are to make farther Answers The Plaintiff need not serve the Defendant with a Subpoena to make a further or better answer but to give a Rule to the Defendants Clerk or a copy of the Order the Plaintiff shall not be obliged to serve the Defendant with a Subpoena to make a better Answer but shall only be obliged to give a Rule to make a better Answer if it can be given in Tâ—rm time or if not then to give the Defendants Clerk in Court a Copy of the Order or Report whereby the Defendant shall be ruled to make such better answer during the continuance of the publick Seals before or after the Term and if after such Rule or Notice so given And if the Defendant do not in eight days put in a perfect Answer Process of Contempt the Defendant do not in eight days put in a perfect answer or by order or consent of the Clerk on both sides obtain a Commission to answer and thereby return a perfect answer at the return thereof the Process of Contempt shall issue for want thereof and in case any former Process of Contempt shall have issued against such Defendants for want of appearing or answering And the Plaintiff may proceed upon any former Process of Contempt notwithstanding Costs paid the Plaintiff may resort back to such Process of Contempt and proceed thereupon after such Rule or Notice given as aforesaid notwithstanding the Costs of such former Process were paid upon the coming in of such insufficient or frivolous Answer Plea or Demurrer but when the Defendant hath put in a full Answer such Costs as he had paid for such former Process shall upon payment of the rest be deducted and allowed to him Finch C. Lunae 3 die Julij Anno Regni Caroli II. Regis 28. 1676. Of sending Records into the Chappel of the Rolls Ordo Curiae IT is this day ordered by the Right Honourable the Lord High Chancellor of England and the Honourable the Master of the Rolls That the Six Clerks of the High Court of Chancery do forthwith send the Inrolments of all Patents which they or any of them or their respective Clerks have in their or any of their Custody fairly written in Parchment and carefully examined into the Petty Bag Office to be estreated together with the Privy Seals and Warrants for the same and also all Decrees with the Docquets thereof to the Chappel of the Rolls The inrolments of Patents to be sent into the Petty Bag to be estreated together with the Privy Seals and Patents for the same and the Records of Deeds c into the Chappel of the Rolls to remain there And that the Clerk of the Inrolments do also send the Records of all Deeds and Recognizances Inrolled duly examined to the said Chappel and that all Records in the Petty Bag Office after the same are estreated be remitted with their Warrants from thence into the Chappel of the Rolls according to the ancient usage heretofore for sending Records into the said Chappel viz. the Patents after three years from the time of their Inrolments and the Records of Deeds and Recognizances from the Inrolment Office after two years The Patents after three years from the time of the Inrolment and the Records c. after two years from the time of Inrolment and so from year to year for the future And that such Records as are come into the Chappel and not fit to be received and continued there by reason of their ill Carracter bad Parchment Razures or Interlineations be transcribed within the Chappel of the Rolls at the Charge of the said Six Clerks and the Clerk of the Inrollments to which of them the said Records did at first properly belong Martis 1 die Januarij Anno Regni Caroli II. Regis 29. 1677. Touching hearing Causes Ordo Curiae WHereas Complaint hath been made to this Court as well by the Counsel at the Bar as others that there is a great abuse committed in not timely publishing of Causes Pleas Demurrers Exceptions to Reports and the like that are ordered to be heard and not setting of them up in a Paper in the Registers Office in due time by reason whereof the Counsel are many times surprized and cannot be prepared to hear their Clients Causes as they ought to be to the great prejudice of the Suitors and parties that sue in this Court for Justice For regulation whereof A Note of all Causes Pleas Demurrers Exceptions to Reports c. to be set down for hearing shall be set up by the Registers in their Office it is ordered That a Note of all Causes Pleas Demurrers Exceptions to Reports and the like that are ordered to be set down for hearing shall hereafter from time to time be affixed and set up by the Registers in their Office two days before the same are respectively appointed to be heard And in order hereunto all Clerks Solicitors and others are hereby required to bring to the Registers Office in due time all Orders for setting down of Causes Pleas Demurrers Exceptions to Reports and the like made upon Petitions or otherwise that so they may be set up in the Registers Office as aforesaid otherwise the said Causes Pleas Demurrers Exceptions to Reports and the like
shall admit Exceptions to any Report whereby Mony is reported due If Mony be reported due after the time wherein such Exceptions should have been filed no proceeding shall be staid without bringing the Mony into Court or giving security after the time wherein such Exceptions should regularly have been filed no proceedings upon such Report shall be staid without giving security or bringing the Mony reported due into the Court unless the Court shal provide otherwise by particular Order Gilford C. S. Sabbati 9 die Maij Anno Regni Jacobi II. Regis 1. 1685. Touching Witnesses Examined Ordo Curiae IT is this day ordered by the Right Honourable the Lord Keeper c. That when any Witness shall be brought to any Clerk in Court to be shewed before he be examined the party that produceth him shall not only have a Note in writing of the Name and Title of such Witness The Clerk that shews a Witness ought to have a Note of his Abode and Lodging and Parish where he lives But if such Parish shall happen to be any of the Parishes within the Bills of Mortality such Note shall also contain what Street and House in such Parish such party lives and whether he be a Housekeeper or Lodger to the end such Witness may with more ease be enquired after and cross-examined if required and the Clerks are to take care to see this Order performed Lunae 13 die Julij Anno Regni Jacobi II. Regis 1. 1685. Touching Clerks Ordo Curiae IT is this day ordered by the Right Honourable the Lord Keeper Agreement between any Clerks and Solicitors to be put in writing c. That no agrement that shall hereafter be made between any of the Clerks or Solicitors in this Court relating to any of their Clients Causes shall be of any avail unless such Agreement or some Note or Memorial thereof be put into writing and subscribed by the party that is to be bound thereby Lunae 13 die Julij Anno Regni Jacobi II. Regis 1. 1685. Touching Serjeant at Arms. Ordo Curiae WHereas Complaint was made to the Right Honourable the late Lord Chancellor Finch by the Serjeant at Arms attending the Great Seal Vide supra 13 Julij 85. 4 Nov. 74. Vide infra 19 Maij 1 Jac. 2. that after Contempts were prosecuted to a Serjeant at Arms and a Commitment pronounced the Prosecutor would draw up the Order and never take out the Warrant thereon but make use thereof to force the party prosecuted into some Composition sometimes for the whole Matter in difference but usually for the discharge of the Contempts whereby the Serjeants Imployment was rendred in great part ineffectual For the prevention whereof his Lordship did thereupon order That after an Order for a Serjeant at Arms should be granted by the Court the Register should on request draw up the said Order and deliver the same to the Serjeant at Arms or his Deputy and no other person they paying for the same by which means he should or might endeavour to apprehend the Party prosecuted and bring him into the Court to answer the Contempts if he could but if he could not his Lordship doth further order that no Order for a Serjeant at Arms drawn up and past by the Register should be discharged the Contempts thereupon No Order or Contempts thereupon to be discharged unless the Serjeants Fees be paid without the Serjeants Fees be paid to him and a Certificate made under his Hand testifying the same and after the said Order being so drawn up and past as aforesaid no private or other Agreement should be made between the Party or Parties and the Person or Persons so standing in Contempt as aforesaid or any other person on their or any of their behalfs without such satisfaction should be made and a Certificate of the same should appear to the Court Now upon Information made to the Right Honourable the Lord Keeper of the Great Seal of England by the Serjeant at Arms that the said Order had not been duly observed to his great loss and prejudice His Lordship doth order that the said Order be revived and that all persons concerned do take notice thereof and yield obedience thereto accordingly Lunae 26 die Octobris Anno Regni Jacobi II. Regis 1. 1685. Touching Affidavit of Witnesses Ordo Curiae IT is this day ordered by the Right Honourable the Lord High Chancellor of England That where any person Plaintiff or Defendant shall ground any Motion or Petition on an Affidavit of material Witnesses to examin In Affidavit of material Witnesses to examin the names of the chiefest Witnesses and the material points on which they are to be examined to be inserted whereby to gain longer time to examine such Affidavit shall not only contain the Names of the chiefest of such Witnesses but the points on which such Witnesses are desired to be examined to the end the Court may see whether such points be material to be examined and whether before or after the hearing that all delays heretofore occasioned by unnecessary examination may be avoided for the future Mercurij 12 die Maij Anno Regni Jacobi II. Regis 2. 1686. Touching Rehearing Ordo Curiae IT is this day ordered by the Right Honourable the Lord High Chancellor c. No Rehearing to be granted without depositing 5 l. into the hands of the Register That no Rehearing or Appeal shall for the future be granted but the party appealing shall deposite in the hands of the Register the sum of 5 l. to recompence the other party in Costs on such Rehearing he shall not be relieved and when any Rehearing is granted such Rehearing shall not any way stop or hinder any proceedings on the Order or Decree appealed from Decree appealed from without special Order of this Court but the party in possession of any Order shall be at liberty to proceed thereon as if no Appeal or Rehearing was granted Veneris 30 die Aprilis Anno Regni Jacobi II. Regis 2. 1686. Touching Exceptions to Reports Ordo Curiae Revived WHereas by an Order of the 12th of February Vide supra 20 Junij 1675. 22 Car. II. It is ordered that every person that should put in Exceptions to a Masters Report should besides the 40 s. deposited upon exhibiting the same pay 10 s. further Costs for every Exception and distinct branch of an Exception which should upon the hearing thereof be over-ruled Which said Order having not of late been observed and the Right Honourable the Lord High Chancellor of England taking notice of the trouble and loss of time to the Court and expence and delay to the Suitors 10 s. to be paid for every Exception to a Masters Report over-ruled occasioned by putting in Exceptions to Masters Reports many of which do prove frivolous and vexatious doth for prevention thereof declare and order That the said Order of the 22th of February aforesaid be revived and duly observed
and doth further Order That for the future where any Plaintiff or Plaintiffs shall take Exceptions to a Defendants Answer The like as to Exceptions to an Answer appealed from the Master and shall appeal to the Court for their Judgment thereon from the Report of any Master such Plaintiff or Plaintiffs shall pay 10 s. for every Exception or distinct branch of an Exception which upon the hearing thereof shall be likewise over-ruled as frivolous beyond the Costs which by the course of the Court he or they are to pay Veneris 18 die Junij Anno Regni Jacobi II. Regis 2. 1686. Touching Hearing Ordo Curiae IT is this present day ordered by the Honourable the Master of the Rolls That for the future when any Cause or Causes shall come to be heard before his Honour at the Rolls the Clerk in Court on either side shall attend such hearing The Clerks in Court on either side to attend the hearing to the end that his Honour may be informed if occasion require that such Cause or Causes are ready for his Honours Judgment and that the party or parties for whom they are concerned do appear to hear Judgment gratis or that they were regularly served with Process for that purpose as the Case shall require Mercurij 9 die Junij Anno Regni Jacobi II. Regis 2. 1686. The Transacting of Records into the Chappel of the Rolls Ordo Curiae Revived WHereas by an Order of this Court of 3d of July Vide 3 Julij 1676. 28 Car. 2. nuper Regis It was ordered That the Six Clerks of this Court should forthwith send the Inrolments of all Patents which they or any of them or their respective Clerks then had in their or any of their Custodies fairly written in Parchment and carefully examined into the Petty Bag Office to be Estreated together with the Privy Seals and Warrants of the same and also all Decrees with the Docquets thereof to the Chappel of the Rolls to remain there and that the Clerk of the Inrolments should also send the Records of all Deeds and Recognizances duly examined to the said Chappel The inrolments of Patents to be sent into the Petty Bag to be Estreated with the Privy Seals and the Records of Deeds into the Chappel of the Rolls and that all Records in the Petty Bag Office after the same were Estreated be remitted with their Warrants from thence into the Chappel of the Rolls according to the ancient usage heretofore for sending Records into the said Chappel viz. the Patents after three years from the time of their Inrolment and the Records of Deeds and Recognizances from the Inrolment Office after two years from the time of Inrolment and so from year to year for the future and that such Records as were come into the Chappel and not fit to be received and continued there by reason of their ill Character bad Parchment Razures or interlineations be transcribed within the Chappel of the Rolls The Patents after 3 years from the time of the Inrolment and the Records after 2 years at the charge of the said Six Clerks and the Clerk of the Inrolments to which of them the said Records did at first properly belong which Order having not of late been duly observed by reason whereof great inconveniences may happen to arise to the Suitors of this Court in their particular concerns As also to divers others of his Majesty's Subjects concerned in the Records in the said respective Offices the Right Honourable the Lord High Chancellor of England and the Honourable the Master of the Rolls taking notice thereof and of the great neglects that have been done by the respective Officers of the particular Offices in not transmitting the Inrolments of Patents and Decrees and Docquets Records Deeds and Recognizances according to the Direction and Intent of the said Order do therefore order That the said Order be revived and a due performance and obedience given thereto by the respective Officers concerned in their respective Offices and Places they now are or shall be concerned in relation to any of the Matters of this Order Veneris 6 die Aprilis Anno Regni Jacobi II. Regis 3. 1687. Touching Decrees Ordo Curiae WHereas for the preventing of differences that did arise upon Decrees and Orders pronounced in open Court the Right Honourable the Lord High Chancellor Minutes of Decrees and Order to be â—ead in open Court c. hath from time to time caused all Minutes to be read in open Court that the Counsel at the Bar and other persons concerned might take notice of what did concern their respective Clients and speak for the rectifying thereof or adding thereto as occasion offered whilst the Matters were fresh in the memory of the Court and have several times given directions that afterwards none should presume either to petition or move the Court complaining against any Order agreeing with the Minutes except the Minutes should after the reading thereof be altered or the Register shall fail in doing his duty persuant thereto without consent and yet without due regard thereto several Petitions have been since causelesly preferred His Lordship doth therefore this day order That due observation be given to the parties concerned when any Minutes are read in Court to the end that no further Complaints may be made against the Officer or the Minutes by him taken in Court except as aforesaid and to the end no person may plead ignorance hereof his Lordship doth direct That this Order be fixed up in the Offices of the Six Clerks and Register of this Court that all due obedience may be given thereto Veneris 29 die Aprilis Anno Regni Jacobi II. Regis 3. 1687. An Examiner suspended Ordo Curiae IT is this day ordered by the Right Honourable the Lord High Chancellor c. That Richard Burreston One of the Examiners of the Court suspended one of the Examiners Clerks in the Office of William Adderly Esq one of the Examiners of this Court for that the said Richard Burreston did intrust one Philips who is no sworn Clerk of the said Office to transcribe part of the Depositions of a Witness examined by the said Burreston in a Cause now depending in this Court wherein one Woollaston is Plaintiff and Winford Defendant before the said Witness had perfected his Examination or Publication past in the Cause be suspended from any further Imployment in the said Office till further Order Lord Chancellor Veneris 29 die Aprilis Anno Regni Jacobi II. Regis 3. 1687. Touching Interrogatories Ordo Curiae WHereas by Experience great inconveniences have hapned in several Causes by the exhibiting Interrogatories which are impertinently drawn into great length whereby the Suitors have been put to great and unnecessary Charges as also leading Interrogatories whereby the Witnesses by turning the Negative into the Affirmative are led to swear to the whole Contents of an Interrogatory and oftentimes thereby drawn ignorantly to forswear themselves which
shall be permitted to sit or write or dispatch any business as a Clerk in the said Office of Six Clerks or have access to or copy the Records thereof but only the Six Clerks and sworn Under-Clerks and their Clerks Servants respectively which the Six Clerks and sworn Under-Clerks of this Court are hereby severally strictly required to perform and keep upon the peril of the forfeiture of their Places And it is further Ordained and Decreed That certain Orders made by the Honourable Sir Harbottle Grimstone late Master of the Rolls for the better execuâ—ing of the aforesaid â—ecited Decree bearing date the 18th of June in the 29th year of his late Majesty King Charles the Second of blessed memory for the better regulating the Six Clerks and for the better encouragement of the Young Clerks who have or shall serve the Six Clerks or sworn Under-Clerks of this Court be hereby ratified and confirmed subject to such further additions and alterations as his Honour the Master of the Rolls shall think fit to alter and make for the better putting in execution this present Ordinance and Decree and for the true and better preservation of the Records and Pleadings of this Court wherein the security of the King and the Justice of this Court is so much concerned the which to preserve from all frauds and evil practices is the true aim and end of this present Ordinance and Decree It is hereby Ordered Ordained and Decreed No Master to deliver any Answer or Pleading to any but a Six Clerk or sworn Under-Clerk That no Master of this Court do deliver or suffer to be delivered any Answer or Pleading of this Court to any person or persons other than to a Six Clerk or to one of the sworn Clerks of this Court and to no other and that no Six Clerk of this Court do upon the peril of his place deliver any Bill Answer or Pleadings of this Court to any person whatsoever No Six Clerks to deliver any Bill Answer or Pleading to any person but to a sworn Clerk or his waiting Clerk other than to a sworn Clerk of this Court or to their respective waiting Clerks for whom they are to be answerable and that no sworn Clerk of this Court upon the peril of his place do deliver to any person whatsoever any Bill Answer or Pleadings of this Court other than to his respective Clerks Servants for whom he is to answer except by the Order of the Lord Chancellor Master of the Rolls or of this Court. And lastly It is Ordered Ordained and Decreed That this present Decree shall be inrolled in the Judgment Rolls of this Court to be observed for the future to all intents and purposes according to the tenor and true meaning hereof Jeffreys C. J. Trevor Lords Commissioners Martis 16 die Martij Anno Regni Regis Reginae Gulielmi Mariae 1. 1689. Ordo Curiae Private IT hereby ordered That the several Matters which have been by former Orders referred to Sir William Beversham Knight deceased Matters referred to Sir W. Beversham deceased to be transmitted to Mr. Keck shall either by Motion or Petition as desired be transferred to Samuel Keck Esq one of the Masters of this Court who is to proceed therein as the said Sir William Beversham was to have done and to that purpose it is further ordered That all the Books Papers Deeds Writings and Accounts that concern the Causes so referred to the said Sir William Beversham be transmitted to Samuel Keck Esq when they shall be demanded Dated this 16th day of March 168 1 9. John Maynard C. S. A. Keck C. S. W. Rawlinson C.S. Martis 29 die Julij Anno Regni Regis Reginae Gulielmi Mariae 1. 1689. Touching Hearing Ordo Curiae WHereas Causes are oftentimes brought to a Hearing and the Pleadings in a Cause do not appear to be filed whereby the Causes are put off and the Suitors thereby put to great charges and delay It is this day ordered by the Right Honourable the Lords Commissioners No Motion to speed a Cause to hearing without a Certificate from the Six Clerk that the Pleadings are filed c. That no Motion shall be made to hasten a Cause to hearing that is either Adversary or by consent nor Cause entred with the Register for hearing notwithstanding any Order without Certificate first had from the Six Clerk that the Pleadings are filed for which no Fee is to be taken All Clerks to enter their Pleas and Demurrers within 8 days after filing but a Certificate must be had of the filing And it is further ordered That all Clerks shall enter their Pleas and Demurrers within eight days after filing according to the ancient Rule but the same are not to be entred without a Certificate first had of the fiâ—ing of the Bill Plea and Demurrer Mercurij 23 die Octobris Anno Regni Regis Reginae Gulielmi Mariae 1. 1689. Touching Rehearing Ordo Curiae IT is this day ordered by the Right Honourable the Lords Commissioners c. Two days before the Re-hearing the Party Appealing shall attend the Lords Commissioners with a Copy or Order of the Decree Appealed from and a true Copy of a Petition for Re-hearing That when any Cause shall be appointed to be reheard the party appearing shall two days at least before the day appointed for such Re-hearing attend their Lordships with a true Copy of the Order or Decree Appealed from as also with a true Copy of the Petition upon which such Rehearing was granted that their Lordships may upon all Rehearings be apprized of the Order and Decree and the Objections against the same Lords Commissioners Veneris 17 die Januarij Anno Regni Regis Reginae Gulielmi Mariae 1. 1689. Touching Exceptions to Masters Reports Ordo Curiae Additional Vide supra 12 Feb. 1670. WHereas the Right Honourable the late Lord Keeper Bridgman taking notice of the trouble loss of time expence and delay to the Suitors occasioned by putting in Exceptions to Masters Reports many of which did prove frivolous and vexatious did by Order of the 12th of February 22 Car. 2. for the prevention thereof declare and order That for the future every person that should put in Exceptions to a Masters Report should besides the 40 s. deposited upon exhibiting the same pay 10 s. further Costs for every Exception or distinct Branch of an Exception which should upon the hearing thereof be over-ruled 20 s. Costs to be paid for every frivolous Exception to a Masters Report over and above the 40 s. deposited and whereas the Right Honourable the Lords Commissioners c. finding the like inconveniences to continue by reason the said Order hath not been duly pursued do for the preventing thereof for the future Order That the said Order made by the said Lord Keeper Bridgman be revived with this further That for every frivolous and impertinent Exception or distinct Branch of an Exception
Orders have been made as often as grounds for the said Complaints have been offered for the redressing thereof but the directions thereby given have proved ineffectual some of them tending rather to put the Party agrieved to a further charge than to redress the grievances complained of And whereas the present Examiners of this Court have by their humble Petition besought the Lord Keeper of the Great Seal of England for redress in the Premisses and to prevent the like inconveniences for the future and his Lordship having taken their said Petition into his serious consideration and calling to mind that the like matter thereby complained of happned lately in Court in the Causes of Wilcox and Doughty and Doughty and Wilcox and observing that the last Order made in such Cases that the Causes should be put off and five Pounds paid to the other side is no redress to the Court who is the Party grieved he being put to the new charge of another days attendance and the five Pounds being never paid forasmuch as the Clerks and Agents on both Sides are Confederates in the said practice wherefore for the prevention of the like Scandal to the Court Charge to the Clients and Fraud to the said Officers for the future his Lordship doth order No Deposition to be made use of in any Court or before any Master in any Cause but such as is taken out of the proper Office and signed by the Party for whom the same shall be read That no Copies of Depositions shall be read or made use of either in Court or before any Master in any Cause but such as is taken out of the proper Office and signed for the Party for whom the same shall be read And to the end this Order may be more strictly persued his Lordship doth further order That the said Examiners shall by themselves or by their Deputy have liberty from and after the 22th day of January instant to attend in Court at the hearing of all Causes to inspect all Books of Depositions which are brought into Court and read either for Plaintiff or Defendant and to see whether they be duly signed for the Party that doth produce the same And in case the said Examiners or either of them or their Deputy shall discover to the Court any such fraud or practice committed that then the Cause or Causes wherein such practice or fraud is committed shall be put off and the Parties offending shall stand committed to the Prison of the Fleet until the Officer injured be agreed with and paid his due Fees and until they shall have also paid the sum of five Pounds into the hands of such person as his Lordship shall direct for the use of the Poor and until such Client or Clients as shall be prejudiced by putting off his or their Cause shall be reimbursed his Charges in respect thereof and until the further Order of this Court And that no person may plead ignorance herein this Order is to be set up in the several Offices concerned therein belonging to this Court Martis 12 die Junij 1694. Touching Serjeant at Arms. Ordo Curiae Revived ... VVHereas Complaint was made to the late Lord Chancellor Finch by the Serjeant at Arms attending the Great Seal Vide supra 4 Nov. 74. 13 Julij 85. That after Contempts were prosecuted to a Serjeant at Arms and a Commitment pronounced the Prosecutor would draw up the Order and never take out the Warrant thereon but make use thereof to force the Party prosecuted into ome Composition sometimes for the whole matter in question but usually for discharge of the Contempts whereby the Serjeants Employment was rendred in great part ineffectual For the prevention whereof his Lordship did thereupon order That after an Order for a Serjeant at Arms should be granted by the Court the Register should on request draw up the said Order and deliver the same to the Serjeant at Arms or his Deputy and to no other person they paying for the same by which means he should or might endeavour to apprehend the Party prosecuted and bring him into the Court to answer the Contempts if he could but if he could not his Lordship did further order That no Order for a Serjeant at Arms drawn up and past by the Register should be discharged and the Contempt thereon without the Serjeants Fees be paid to him and a Certificate made under his Hand testifying the same and after the said Order being so drawn up and past as aforesaid no private or other agreement should be made between the Party and Parties and the Person and Persons so standing in Contempt as aforesaid or any other person on their or any of their behalfs without such satisfaction should be made and a Certificate should appear of the same to the Court. Now upon information made to the Right Honourable the Lord Keeper of the Great Seal of England by the Serjeant at Arms that the said Order had not been duly observed to his great loss and prejudice his Lordship doth order That the said Order be revived and doth further Order That when any Motion shall be made for a Serjeant at Arms The Counsel moving for a Serjeant at Arms shall immediately in Court deliver to the Register the Commission of Rebellion and tell who is Clerk in Court the Counsel moving for the same shall immediately in Court deliver unto the Register the the Commission of Rebellion and tell who is Clerk in Court that the Serjeant at Arms may have an account of him where the Contemner lives and that the Order be drawn up by the Register and delivered to the Serjeant at Arms or his Deputy and to no other person whatsoever they paying for the same to take out a Warrant thereon whereby the Party or Parties so in Contempt may be taken into Custody and be brought into this Court to Answer the same And that this Order be hung up in the Registers and Six Clerks Office of this Court that all persons may take notice thereof and yield obedience to the same accordingly Mercurij 28 die Octobris Anno Regni Regis Gulielmi Tertij 8. 1696. Ordo Curiae IT is this day ordered by the Right Honourable the Lord Keeper of the Great Seal of England That where any Reference is now or shall be directed to any of the Masters of this Court and at any time hereafter upon such Reference any matter of Fact shall be admitted or agreed to before him the said Master he shall take a Memorandum of the Fact so admitted or agreed to in his Book of Minutes and the Party so admitting or agreeing shall subscribe such Minutes or the Memorandum in the presence of the Master which Subscription shall be binding and conclusive to the Party on whose behalf the same was so subscribed so as that the other side shall not be put to any further proof to make good the same And it is further ordered That this Order be hung up
that shall from time to time be put into any Report and shall on arguing be over-ruled as frivolous and impertinent and so declared the Exceptant shall for every such Exception or Branch of such an Exception pay to the other side 20 s. Costs and for every frivolous Exception or Branch of an Exception though not opened but waved the Exceptant in such case shall pay 10 s. Costs And 10 s. for every frivolous Exception that is not opened which said 20 s. and 10 s. are to be paid over and above the 40 s. deposited according to the Rule A. Keck C. S. W. Rawlinson C.S. Sabbati 14 die Maij Anno Regni Regis Reginae Gulielmi Mariae 4. 1692. Touching Exceptions to Masters Reports Ordo Curiae WHereas it hath been by experience found that Exceptions have been frequently taken to Masters Reports which on arguing have appeared very frivolous tending only for delay and whereby the Suitors are put to great charges to bring on such dilatory Exceptions It is this day ordered by the Right Honourable the Lords Commissioners He who will file Exceptions to a Report shall within 8 days after procure a fixt day for the setting down such Exceptions to be heard and thereof give notice to the other side c. That when and as often as any Party Plaintiff or Defendant shall take and file Exceptions to a Report made in any Cause either now depending in this Court or which shall hereafter be depending the Party so excepting shall within eight days after such Exceptions filed procure a fixt day for the setting down such Exceptions to be heard and thereof give due notice to the Clerk in Court for the other Party or in default thereof such Exceptions so filed shall from and after the Expiration of the said eight days stand over-ruled and the Party obtaining such Report Vide infra This Order suspended 7 July 93. shall be at liberty to proceed thereon as if no Exceptions were ever filed Sabbati 29 die Octobris Anno Regni Regis Reginae Gulielmi Mariae 4. 1692. Touching Filing Reports and Certificates Ordo Curiae WHereas it hath been found of late too common a practice for to ground Contempts Orders and Decrees and other Proceedings on Reports of the Masters of this Court before the same be actually filed with the Register of this Court where the same ought to be filed before any proceedings be had thereon Now for the prevention thereof and of the inconveniences that may happen to the Suituors by such neglects All Reports or Certificates made or signed by the Masters to be filed with the Register within 4 days after such signing It is this present day ordered by the Right Honourable the Lords Commissioners c. That all Reports and Certificates that shall be made and signed by any of the Masters of this Court shall by him that sueth forth or taketh the same from the respective Masters be filed with the Register of this Court within four days after the making and signing thereof The Register to indorse on the back thereof the day of receiving and filing it and that the Register when any Report or Certificate is brought to be filed shall endorse on the back thereof the day of the receiving and filing such Report and Certificate and that all Proceedings which shall hereafter be grounded on any Report or Certificate not filed as aforesaid shall be utterly void and of none effect and such neglect of filing being made appear to their Lordships by the Certificate of the Register shall be good cause for the discharging of Proceedings thereupon and also for the incurring such further Costs as their Lordships shall think fit to inflict on the Party offending contrary hereto and that for the better and more publick notice of this Order fair Copies thereof are forthwith to be made and put up in the Registers Office Masters Office and Six Clerks Office for all persons concerned to take notice thereof Veneris 7 die Julij Anno Regni Regis Reginae Gulielmi Mariae 5. 1693. Exceptions to Masters Report Ordo Curiae WHereas by an Order of the 14th May 1692. It was ordered Vide supan 14 Maij 1692. The said Order of 14 May suspended That the Party excepting to any Report should within eight days after the filing thereof procure a fixt day for the hearing thereof or otherwise such Exceptions so filed should be over-ruled and the other Party should be at liberty to proceed as if no Exceptions had been filed Now forasmuch as the said Order in the execution thereof hath instead of the benefit intended to the Suitor thereby proved an inconvenience the Right Honourable the Lord Keeper c. doth order That the further execution of the said Order be suspended till further order Jovis 7 Decembris Anno Regni Regis Reginae Gulielmi Mariae 5. 1693. Touching Clerks Misbehaviour Ordo Curiae Private Clerks misbehaving themselves ordered to attend WHereas a Complaint was this day made to the Right Honourable the Master of the Rolls of the misbehavior of several of the younger Clerks in the Six Clerks Office it is ordered that Mr. Watkins Mr. Mutchell Mr. Wright Mr. Raworth Mr. Burroughs Mr. Cook Mr. Conset Mr. Talbott Mr. Lloyd Mr. Downeing and their Clerks do attend his Honour on Saturday next at three in the Afternoon at which time Mr. Wilkinson Mr. Bagshawe Mr. Jaques Mr. Bridges and Mr. Derbysheirs Clerks are also to attend when such further Order shall be made as shall be just and that the Messenger attending this Court do give notice thereof to the said respective persons Sabbati 9 die Decembris Anno Regni Regis Reginae Gulielmi Mariae 5. 1693. Touching the Six Clerks and Under-Clerks Ordo Curiae WHereas Complaints have been made by the Petition of the sworn Clerks of this Court to the Right Honourable the Master of the Rolls that divers of their Under Clerks have of late behaved themselves after a bold insolent rude and disorderly manner in the Six Clerks Office as well towards their respective Masters as to others the sworn Clerks and to the Suitors of the Court attending the dispatch of their business there by unmannerly and abusive language breaking of Windows cutting Desks breaking down Seats throwing Stones and other things at the said sworn Clerks and their Clients whereby and by making rude and undecent Noyses often forced them to leave the said Office and caused the same to be shut up in the most usual time of business and when the Court hath been sitting to the great scandal thereof and damage of the said sworn Clerks and their Clients and contrary to the duty of the said Under-Clerks and the ancient and laudable usage of the said Office And whereas Complaint hath been likewise made to his Honour by the Petitions of the Under-Clerks that the Six Clerks do take and imploy persons to be their waiting Clerks who