Page 233 How and when Causes are to be set down for Hearing Page 135 To be set down without Fee ibid. At the Hearing if no Counsel appear for the Defendant his Answer shall be read Page 136 I. Vide Title Examinations DEeds to be Inrolled within five days after the acknowledgment 18 June 38. To be Inrolled within 6 Months Six Clerks to Inroll all Warrants for Patent Leases 20 Aug. 62. Page 101 Writ of Injunction of Course upon a Dedimus Potestat ' 26 Nov. 49. Page 59 Interrogatories to examine Witnesses to be signed by Counsel 29 April 87. Page 217 Interrogatories how far to be extended or not Page 139 Injunction not to be staid granted or dissolved upon Petition without notice of the other side Page 151 Injunction vide Petition Inrolment of Patents Page 194 195 L. ORder Affidavit or Certificate touching Ideots Lunaticks and Non Compus Mentis to be filed with the Clerk of the Custodies 13 July 55. Page 70 Amendment of Letters Patents for a mistake in the Privy Seal and the Inrolment and Original Bill under His Majesty's Hand Page 22 M. THursday to be observed for Motions 18 June 52. Page 65 Motion to speed a Cause to Hearing 9 July 89. Page 232 Masters Extraordinary not to act within eight Miles of London 9 Oct. 86. Page 71 How to certifie Affidavits ibid. Minutes of Decrees and Orders to be read in open Court 29 April 87. Page 213 Masters vide Exceptions Reports The Masters not to retorn special Certificates to the Court unless required by the Court Page 144 How the Master is to satisfie the Court touching the Defendants Answer Page 145 The Masters Certificate not being to ground a Decree if positive is to stand Page 146 Of Masters Extraordinary Page 148 Orders vide per totum vide Petition Of Orders granted on Petitions 27 May 87. Page 217 Plea of Outlawry when good or not Page 119 P. Petition NO Process of the Court to issue out upon Petition till such Petition be first filed 26 April 47. Page 50 Injunction not to be staid granted or dissolved upon Petition without notice or Copy of it on the other side Page 151 No Sequestrations Dismissions Retainers upon Dismissions or final Orders to be granted upon Petition Page 151 No former Order of Court to be altered or explained upon a Petition or Commitment of any Person upon Contempt to be discharged by it ibid. Petitions to ground Subpoena's when effectual Page 218 Paper Books called the Bills and Costs to be brought into Court 30 Octob. 58. Page 80 Plea of Outlawry vide Outlawry Page 119 Plea to the Jurisdiction Page 117 All Pleadings c. to be delivered into the Six Clerk's own hand or his Deputy Page 131 Plea depending a former Suit for the same Matter Page 120 Priviledge Priviledge Writs and Pauper Writs to be sealed without Fee Page 100 Clerk of the Hanaper though suspended from his Office yet allowed priviledge 30 Jan. 36. Page 32 Priviledge for known Clerks of the Court and their Menial Servants only Page 6 Writ of Priviledge how and by whom to be allowed Page 7 Publication After Witnesses examined in Court two Rules shall be given for Publication and upon the Retorn of a Certificate one Rule only Page 132 Paupers No Fee to be taken during the Paupers business depending in Court and the penalty Page 151 Cause of a Paupers Suit being perpetually dismissed Page 152 The Counsel who moves for a Pauper ought to have the Copy of the admittance with him Page 153 No Process of Contempt to be made at the Suit of a Pauper till it be signed by the Six Clerk ibid. Patents Six Clerks to inroll all Warrants for Patent Leases c. whereby the Patent-Leases pass the Great Seal Page 104 Inrolments of Patents Page 195 211 212 Concerning Quakers Page 189 R. REcords transferred over to the Rolls Chappel 8 December 49. 19 July 58. 29 June 54. 30 July 76. 9 June 86. Page 60 69 78 79 Transferring Records to the Attorney of the other side 19 June 14 Car. 1. Page 43 Order for safe keeping the Records by being duly filed 16 Nov. 53. Page 66 Records to be delivered to a new Register 21 June 60. Page 91 Report upon a reference of insufficient Answer to be filed within one Month after the Date of such Reference 10 Decemb. 4 Car. 1. Page 5 Reports and Certificates made by the Master when to be filed 27 Octob. 92. This Order suspended 7 July 93. Page 237 Of Reports of the Master on Account Page 202 203. Recognizances to be inrolled within six Months after the acknowledgment 22 July 74. Page 180 41 185 186 S. HOw every Subpoena is to be served Page 115 116 How a Subpoena ad Audiendum Judicium is to be served Page 1 116 Subpoena ad rejungendum Page 116 125 Subpoena ad Audiendum Judicium Page 116 No Subpoena ad Audiendum Judicium without a Note under Six Clerk's hand Page 53 No Subpoena to be retorned immediate without the special Command of the Lord Chancellor 23 June 40. Page 47 How a Subpoena for Costs is to be served Page 116 Replication to be first filed before a Subpoena ad Rejungendum shall issue out 1646. Page 54 What Writs are to be made by the Clerks of the said Subpoena Office only 21 Nov. 59. Page 86 Punishment of those that forge Subpoena's 25 Jan. 63. Page 106 W. Witnesses vide Examination THe Clerk that shews a Witness ought to have a Note of his Abode 9 May 1 Jac. 2. Page 204 In Affidavit of material Witnesses to examine the chiefest Witness and the material Points to which they are to be examined ought to be inserted 26 Octob. 85. Page 207 How a Witness to be examined Page 128 Writs vide Subpoena Priviledge Writs Pauper Writs and Renewed Writs to be sealed without Fee 12 Feb. 62. 18 Nov. 68. Page 100 Of what Retorn the Cursitor o make his original Writ Page 149 FINIS THE RULES AND ORDERS OF THE COURT OF EXCHEQUER LONDON Printed by the Assigns of Richard and Edward Atkins Esquires for John Walthoe and are to be sold at his Shop in the Middle-Temple Cloysters 1698. ORDERS and RVLES of Proceedings in the Office of His Majesty's Remembrancer of His Court of Exchequer at Westminster which the Right Honourable the Lord Chief Baron and the other Barons have thought sit at present to Ordain and Publish for the better and more speedy carrying on the Business in that Office I. English Bills EVery Subpoena to Answer Rejoin or hear Judgment shall be served Personally or left at the Defendants Dwelling-House or place of Residence with one of that Family or otherwise the same Writ under Seal shall be shewed there to such Person of such Family and a Ticket thereof left with such person containing the effect of the same Writ And all such Tickets upon a Subpoena to Answer shall be written in the Exchequer hand in Parchment II. Filing
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
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
certain and open place where the persons that do the same may be seen and known rather than in private Studies or Houses for the more proper and solemn dispatch of the aforesaid business and for the better encouragement of the aforesaid Masters in the due discharge of their places be it enacted by the Kings Most Excellent Majesty by and with the advice and consent of the Lords and Commons assembled in Parliament and by the Authority of the same That from and after the three and twentieth day of October in the present year of our Lord 1661. there shall be one Publick Office kept and no more as near to the Rolls as conveniently may be in which the Masters some or one of them shall constantly attend for the administring of Oaths caption of Deeds and Recognizances and the dispatch of all matters incident to their Office references upon Accounts and insufficient Answers only excepted from the hours of seven of the Clock in the Morning until twelve at Noon and from two in the Afternoon until six at Night and that from henceforth it shall and may be lawful to and for the Masters of the Chancery in Ordinary now being and which hereafter for the time to come shall be to demand and take the several Fees hereafter expressed that is to say For every Affidavit or Oath taken in the Office 12 d. For every Bill of Costs to be taxed by them for the Plaintiffs not putting in his Bill or not proceeding to Reply or for the Defendants not Appearing in due time 2 s. 6 d. For the acknowledgment of every Deed to be enrolled 2 s. For the caption of every Recognizance 2 s. For every Exemplification examined by two of the said Masters to each of the said Masters who shall examine the same for every Skin of Parchment so examined 2 s. For every Report or Certificate to be made in persuance of any Order made upon the hearing of the Cause 1 l. And for every other Certificate or Report of any Order made upon Petition or Motion only 10 s. to be paid by the party that takes out the Report or Certificate 10 s. Any Law Statute or Custom to the contrary hereof in any wise notwithstanding And be it further enacted by the Athority aforesaid That if the said Masters of Chancery or any of them shall hereafter directly or indirectly by any Act Shift Colour or Device have take or receive any Mony Fee Reward Covenant Obligation Promise or any other thing for his Report or Certificate in Writing or otherwise or for any other the matters in the Act expressed other than the respective Fee or Fees in the Act before mentioned that then every such Master being thereof legally convicted shall thenceforth be disabled from the execution of his said Office of Master of the Chancery in Ordinary and also shall forfeit and lose for every such Offence to the party grieved in that behalf so much Mony as he or they shall take contrary to this present Act and moreover shall lose and forfeit 100 l. Sterling whereof one moiety shall be to our Sovereign Lord the King His Heirs and Successors and the other moity to the party grieved in that behalf who shall sue by Action of Debt Bill Plaint Information or otherwise in any of the King's Courts for the recovery of the same in which Action no Essoign Protection or Wager of Law shall be allowed Mercurii 12 die Feb. Anno Regni Caroli II. Reg. 14. 1662. Priviledge Writs and Writs in Forma Pauperis Ordo Curiae WHereas the Right Honourable the Lord High Chancellor of England was this day informed by Mr. Collins on the behalf of several Officers and Clerks of the Court that all small Writs which pass the Great Seal for all 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 the person for whom such Writs have been sealed or to their Clerks without paying of any Fee therefore until of late that one Mr. Hutton a Clerk or Deputy to the Right Honourable the Lord Newburgh through whose Office all Writs of that nature do pass hath refused to deliver the same without paying of Fees for the Seals thereof his Lordship doth order that all Writs which shall be Sealed for priviledged persons Priviledge Writs and Pauper Writs to be sealed without Fee and for Suitors to this Court in Forma Pauperis and renewed Writs be from henceforth delivered to the persons for whom the same shall be Sealed or to their Clerks without paying or giving any Fee for the same And the said Hutton is required to observe this Order and to conform thereunto accordingly Mercurii 20 die Aug. Anno Regni Caroli II. Regis 14. 1662. Touching Inrolments of Patents Ordo Curiae WHereas upon the Humble Petition of the Six Clerks of His Majesty's High Court of Chancery on the 29th of April last preferred to the Right Honourable the Lord High Chancellor of England shewing that it having been their ancient and undoubted Right to inroll the Warrants of all such Leases as pass the Great Seal which they peaceably and quietly enjoyed until about the tenth year of the late King one Baseley by colour of a Patent to him granted of inrolling the King's Deeds did prefer several Petitions to the said late King and to the then Commissioners for exacted Fees the Lord Keepers Coventry Finch and Littleton that all such Warrants might be delivered to him to be inrolled But upon hearing the Six Clerks he had no relief but the Six Clerks and their Predecessors enjoyed their ancient Rights therein and in the 11th year of the said late King the Lord Coventry upon careful examination thereof with the concurrent opinion of the then Master of the Rolls and Sir John Banks then Attorney General did amongst other of the Six Clerks Rights certifie the said late King under his Hand that it was the Right of the Six Clerks to inroll all Warrants for Parents whatsoever and that it was the right of the Clerk of Inrolments to inroll all Recognizances c. in the Close Rolls which were made from Subject to Subject or from the Subject to the King for the Subjects benefit for the accustomed Fee and if the Attorney General or Solicitor require it to inroll any Deed or Writing made to his Majesty for his own use without Fee Whereupon the said late King in the said 11th year of His Reign confirmed the said Rights amongst others to the Six Clerks and the Clerk of the Inrolments with an Inhibition to all others to intermeddle with their said Rights Nevertheless Mr. Kipps upon a claim by Mr. Hains by colour of the like Grant to him as formerly to Baseley refuseth to deliver such Warrants of Leases that lately passed the Great Seal to them to be inrolled And therefore they humbly prayed his Lordship to order Mr. Kipps to
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
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
the Honourable the Master of the Rolls bearing date the 18th day of June in the 20th year of the Reign of his late Majesty King Charles the Second of blessed memory for the better regulating the Six Clerks Office it was amongst other things Ordered Ordained and Decreed That the Number of the Under-Clerks to be allowed and admitted to practise as Clerks of this Court in the said Six Clerks Office should be reduced and stinted to Sixty Clerks and no more at which number the said Under-Clerks should be continued unless this Court should find it necessary to increase or abridge the same and further that as well the Under-Clerks then to be admitted as every other person thereafter to be admitted to the place of an Under-Clerk in the said Office should be in the Judgment of the Master of the Rolls fitly qualified for such Imployment at or before the time of such his admission and also before his and their entrance upon that Imployment should take the Oath thereby directed for his honest and faithful behaviour and true dealing with and towards the Records Rolls Pleadings Books and Writings of this Court and the other due performance of his place And it was thereby further Ordered Ordained and Decreed That no person upon any pretence whatsoever should hereafter be permitted to practise as an Under-Clerk in the said Office but such only as should be first sworn and admitted as aforesaid And whereas for want of observance and due obedience to the said Decree and other Orders made in persuance thereof manifold disorders and undue practices have crept into the said Six Clerks Office amongst the Six Clerks and the sworn Clerks and especially by a liberty that the Six Clerks of this Court have assumed and continued to themselves against the express words of the said Decree the Duty of their places and in Contempt of this Court to allow permit and license several persons to practise in the said Office without being either allowed sworn or admitted by the Master of the Rolls as the sworn Under-Clerks of this Court are and of right ought to be to the confusion mislaying imbezling falsifying razing and defacing and sometimes to the loss of the Records Rolls Pleadings Books and Writings of this Court And also that the sworn Clerks of this Court have retained more Under-Clerks than one apiece and have discharged and turned them off from their Service before they are preferred to the undoing and utter ruin of many and to the discouragement of the training up and breeding of industrious and diligent Young Clerks to serve and succeed in the said Office which this Court hath always taken care of and contrary to an Order for that purpose made by the Right Honourable Sir Harbottle Grimstone late Master of the Rolls All which Abuses Irregularities and Disorders tend manifestly to the obstruction of Justice and the orderly proceedings and dispatch thereof to the great scandal and dishonour of this High and Honourable Court and the irreparable damage to the King and Subject if not prevented the Right Honourable George Lord Jeffreys Lord Chancellor of England and the Right Honourable Sir John Trevor Master of the Rolls taking the same into their serious consideration and the ways and means for redressing and preventing the same for the future do hereby and by the Authority of the High and Honourable Court of Chancery Order Ordain and Decree That all and every such person and persons so as aforesaid allowed Supernumerary Clerks except two waiting Clerks to each Six Clerks not sworn discharged from practising in the said Office permitted or licensed by the Six Clerks in their several Divisions and Offices called supernumerary or Licenciary Clerks not allowed sworn and admitted as Under-Clerks to practise as Clerks of this Court excepting the two waiting Clerks allowed to each Six Clerk be and are hereby absolutely to all intents and purposes discharged and inhibited from practising in the said Office and from sitting and writing in the said Office of Six Clerks until they shall be duly qualified sworn and admitted so to do And the several Six Clerks of this Court are hereby required and commanded forthwith upon the forfeiture of their respective Offices to discharge all such person and persons out of the Office of Six Clerks from whom as well as from the said supernumerary Clerks this Court doth expect all due and ready observance and obedience to this Decree And to the end that there should not be wanting a convenient and sufficient number of honest able and expert Under-Clerks for the orderly proceeding carrying on and quiet dispatch of the Suitors and business of this Court his Lordship the Lord High Chancellor and his Honour the Master of the Rolls do think it very fit and necessary and do thereby Order Ordain and Decree Five Under-Clerks to be added to ten sworn Under-Clerks in every Six Clerks Division That five Under-Clerks such as his Honour the Master of the Rolls shall in his Judgment think able fitly qualified and allow of shall be forthwith added to the ten sworn Under Clerks in every Six Clerks Division and that each of them shall by the Master of the Rolls be sworn and admitted Clerks of this Court and to practise in the same with all the like advantages paying the like Fees Dues and Duties as the now sworn Under-Clerks of this Court have enjoyed and paid or ought to have enjoy and pay all which number making fifteen in every Six Clerks Division the sworn Under-Clerks of this Court shall continue unless this Court shall find it necessary to reduce abridge or increase the same and from time to time upon any vacancy by Forfeiture Surrender or Death such only shall be sworn and admitted by the Master of the Rolls into their respective places as his Honour in his Judgment shall think fitly qualified and allowed of for the said Imployment the nomination of the Six Clerks being only for his Honours information and the presence of the Six Clerks at the swearing and admittance of an Under-Clerk being only that he the Six Clerk may take notice of such new Under-Clerk so sworn and admitted And further the said Under-Clerks hereby decreed to be sworn and admitted are to have such Seats and Places provided and appointed for them to sit write and officiate in in the Six Clerks Office as the Master of the Rolls shall think fit to order and appoint But no Seat now belonging to any of the sworn Clerks shall be hereby altered removed or abridged without his or their consent And for the better putting in execution of this Ordinance and Decree and the encouragement of the Young Clerks now Servants or which hereafter shall be Clerks Servants to the sworn Under-Clerks of this Court None permitted to dispatch any business in â—he Office as a Clerk or have necess to the the Records but sworn Câ—erks and their Servants it is hereby Ordered Ordained and Decreed That from henceforth none