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
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
in all times have been suppressed and deemed great abuses Now for prevention thereof for the future it is this day ordered by the Right Honourable the Lord High Chancellor c. That from and after the first day of June next no Interrogatories shall be exhibited for the examination of any Witnesses in any Cause depending in this Court whether in Court in the Examinors Office or by Commission in the Country before such Interrogatories shall be either drawn Interrogatories to examine Winesses to be signed by Counsel or perused by Counsel after due consideration had of the Pleadings and signed by them But all Counsel are to take care that no Interrogatories do slightly pass their hands contrary to the true intent and meaning thereof lest they incur the displeasure of the Court therein and that all Depositions taken contrary hereto shall stand suppressed and to that end all the Clerks and Solicitors of this Court that are concerned in Causes may not be ignorant hereof his Lordship doth further order That this Order be set up and fixed in some publick places in the Offices of the Six Clerks and Examinors of this Court that all due obedience may be given thereto Veneris 27 die Maij Anno Regni Jacobi II. Regis 3. 1687. Touching Orders on Petitions Ordo Curiae IT is this day ordered by the Right Honourable the Lord High Chancellor c. That from and after this day no Order or Direction made or given by his Lordship or the Honourable Master of the Rolls upon any Petition unless the same be by way of Summons shall be of any authority or effect An Order made upon a Petition to be of no Effect to ground Subpoena's or other Process unless within 3 days in Term time or within a Week in the Vacation after the same shall be granted an Order be entred up with the Register on such Petition as to the Proceedings or grounding Subpoena's or other Process in any Cause now depending or which shall hereafter be depending in this Court unless within three days in Term time or in a Week in the Vacation after the same shall be granted and signed by his Lordship or his Honour an Order shall be drawn up and entred with the Register on such Petition to the end no person may be surprized by any Private Order but that all parties concerned may have resort at all times to see what Orders are from time to time made and granted wherein they are concerned and that no person may be ignorant thereof it is further ordered That this Order be set up in the Publick Offices of the Court concerned therein that all due obedience may be given thereto Veneris 17 die Junij Anno Regni Jacobi II. Regis 3. 1687. Surrender of a Six Clerk to the Master of the Rolls Ordo Curiae WHereas Arnold Brown Esq late one of the Six Clerks of this Court hath surrendred his Office of Six Clerk in this Court into the hands of me the Master of the Rolls whereby the said Office is become vacant and forasmuch as the business in agitation and to be transacted in that Office for the benefit of the King's People Suitors in this Court is not to be delayed or obstructed for want of a fit person to manage the said Office in the vacancy of a Six Clerk and whereas I have this present 17th day of June 1687. under my Hand and Seal deputed and appointed the said Arnold Browne to Act Agitate Negotiate and Proceed in the business of that Office in my Name and as my Deputy only during my pleasure and have further authorized and impowred him the said Arnold Browne so to do and act and to write to the Great Seal in my Name only and not in the Name of him the said Arnold Browne and to enter and sign all Proceedings Certificates Copies and other things belonging to the Execution of the said Office in the Name of the said Arnold Browne but with the additions of Deputy to me Master of the Rolls to wit Arnold Browne Deputy Magr ' Rotulor ' as to take and receive the Profits thereof as by the said Deputation inrolled in this Court may and doth appear for the due Execution of which said Deputation the said Arnold Browne hath been duly sworn Arnold Browne on the surrendring his Office as Six Clerk deputâ—d to act during the vacanâ—y his Honour doth hereby order direct and appoint the several respective sworn Clerks of the said Office within or belonging to the Division late of the said Arnold Browne late Six Clerk to apply themsâ—lves to the said Arnold Browne as my Deputy as aforesaid for the Dispatch of the Business of that Division and to pay all such Duties and Fees to his said Deputy Arnold Browne as are due appertaining and accustomed to be paid to the Six Clerk of that Division and to do and perform all other Acts as the respective sworn Clerk in Chancery ought to do to their respective Six Clerks and to the end that no sworn Clerk or other persons concerned may be ignorant of this Matter his Honour doth order that this Order be entred with the Register of this Court and put up in the Office of Six Clerks J. Trevor Mercurij 29 die Februar ' Anno Regni Jacobi II. Regis 4. 1688. Touching Misdemeanors Ordo Curiae WHereas divers Complaints have of late been made the to Honourable the Master of the Rolls of the outragious rude and undecent Demeanors of divers of the younger Clerks Servants and Writers to and for the sworn Clerk in the said Six Clerk Office Penalty on those that misdemean themselves in the Office to the great scandal of this Court and hindrance of business which hath been most notorious by their throwing Durt Filth Ink and many other things to the damage and prejudice of the Suitors of this Court and Masters in the said Office and at other times by a rude and violent clapping their Desks and making many loud Outcrys and Noises and by evil treating their Masters in the said Office with opprobrious Language All which his Honour having taken into consideration it is for the preventing the like Enormities for the future ordered That the Messenger attending the Rolls do take such Servants Clerk or Writer into Custody and by him to be carried to Bridewell as shall at any time or times hereafter be guilty of either of the said Enormities or any other of the like nature and there shall continue till further order and for the second offence shall be expelled the said Office and that due notice be given hereof and that all persons may take warning this present Order is forthwith to be set up in the Six Clerks Office Martis 20 die Martij Anno Regni Jacobi II. Regis 4. 1688. Touching Regulating the Under-Clerks An Ordinance Vide supra 18 Junij 20 Car. 2. WHereas by a Decree heretofore made by the Right Honourable the Lord Keeper c. and
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
into the right County by reason of an unusual neglect and want of endeavour in the Prosecutor to get the same executed the Sheriff returneth a Non est inventus or a Proclamari feci and sometimes that Return made by others in the Sheriffs name in an ordinary course His Lordship therefore to remedy such Inconvenience and Abuse hereafter and to prevent the vexation of the Subject in this kind doth think fit and Order That all Process hereafter to be made upon any Contempt be made out into the proper County where the party against whom the same Process issueth shall be resident or dwelling unless he shall be then in or about London All Process made upon Contempt to be made out into the proper County where the party is resident unless in or about London in which case it may be directed into the County where he shall then be that it may be served upon him there and that every Suitor who prosecuteth Process of Contempt against any of his Majesties Subjects shall do his best endeavour to procure the said Process to be duly executed He who prosecuteth for Contempt to do his best endeavor that the precedent Process be duly executed and the supposed Contemners to be apprehended thereby and if any be hereafter arrested upon a Proclamation or Commission of Rebellion or by the Serjeant at Arms and shall make it appear unto the Court by proof that the Prosecutor of those Processes hath not done his best endeavour to have had the first and precedent Process duly executed as by the Order is required then the party so offending shall pay unto the other party grieved very good Costs for his wrongful vexation contrary to the direction of this Order And his Lordship doth also Order That notice be given thereof to the Officers and Clerks of the Court that so their Clyent may have knowledge thereof that the same may be observed accordingly Jovis 28 die Februarii Anno Regni Caroli Regis Octavo 1632. Concerning Affidavits Ordo Curiae VVHereas the Right Honourable the Lord Keeper of the Great Seal of England and the Master of the Rolls have by an Order of this Court dated the 23th day of January Antea An. 1629. in the 5th year of his Majesties Reign Ordered and straightly charged and required That all Affidavits of this Court except those only which belong to the Supplicavit Office should before the same be exhibited in Court or otherwise produced to ground any Order Writs Process or Proceedings of Court thereupon be brought into the Office of Registring Affidavits and be there duly Filed and Registred and that no Copy of Affidavits be made or subscribed but by the sworn Register of Affidavits or his Deputy for the time being and that no Counsellor at Law nor any of the six Clerks or other Clerks or Officers of this Court nor any Solicitor of Causes there depending should from thenceforth offer to read or give in Evidence to the Court any Affidavit that is not first Filed and Registred in the said Affidavit Office and attestation thereof given by a Copy under that Officers Hand or his Deputy and that neither the six Clerk nor any of the Cursitors nor the Register of this Court their Clerks or Deputies do make pass or enter any Order for Attachments Commissions Writs Process or Proceedings grounded upon any Affidavits unless the said Affidavit be first Filed and Registred in the Affidavit Office as aforesaid and that all Clerks of the Court Solicitors of Causes there should by the end of Hillary-Term then next following bring into the said Office all such Original Affidavits as should remain in their Hands and cause the same to be there duly Filed and Registred at their Peril All which notwithstanding many Original Affidavits have not been brought into nor Filed in the said Office as in and by the said Order was required but contrarywise many Affidavits have since been read and used in Court and Orders and proceedings have been thereupon made drawn up and entred before the said Affidavits have been Filed and Registred in the said Affidavit Office And whereas also many Affidavits have been and are brought into the Register of the Affidavit Office by the parties themselves whose Cause the same concerneth and by others for many Weeks Months and some Years after the same Affidavits sworn with sundry Interlineations sometimes in another Hand oftentimes a Line or two struck out usually blotted or altered in one place or another not without apparent suspition of being corrupted and falsified after the Master of this Court his Hand put thereunto or use made thereof upon Motion in Court or Orders or Process thereupon grounded Now upon due consideration had by their Honours of the Premisses It is this present day Ordered and by their Honours strictly given in charge and commanded That the said Order of the 23th of January in the said fifth year of his Majesties Reign shall be henceforth both at the Court at Westminster at the Seals and at the Rolls by the Officers of this Court and all others whom the same doth or may concern duly observed and kept at the perils of such as in contempt of this Honourable Court shall presume wilfully or negligently to decline or not observe the same And further it is Ordered by their Honours That neither the Register of this Court his Clerk or Deputies shall or do at any time hereafter draw up sign or set his or their Hand or Hands unto any Order whatsoever grounded upon an Affidavit unless the Affidavit be first Filed and Registred with the Register of the Affidavits Filing Affidavits vide antâ— f. 10. and attestation thereof brought and shewed to the said Register of this Court his Clerk and Deputies under the Hands of the said Register of the said Affidavits or his Deputy attending in the said Office And it is further Ordered by their Honours That no Master of this Court shall accept of or take the Oath of any person to an Affidavit except the same be fairly and handsomely writ in one hand without blotting or interlining Affidavits to be fairly written in one Hand without blotting or itnerlineation otherwise no use to be be made of them in Court and in case any Affidavit shall escape the said Master of this Court and pass so blotted and interlined under their or any of their Hands It is further Ordered That the Register of Affidavits or his Deputy shall thereupon refuse the same and that afterwards no use shall be thereof made in any of the proceedings of this Court. And lastly It is wished and directed by their Honours That all Affidavits taken or henceforth to be taken before any Master of this Court be brought unto the said Register of the Affidavits or his Deputy for the time being to be there Filed and Registred in some due and convenient time after the same be sworn unto Affidavits to be Filed in
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
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
their Warrants at or before Trinity Term next ensuing and the Six Clerks do also immediately send into the Chappel of the Rolls all the Decree Rolls of 1656. and before with the Paper Books that are the Warrants for the same there to be carefully laid up preserved and callendred for the service of his Highness and the benefit of the Commonwealth Will. Lenthall Monday the 19th of July 1658. Concerning Records Ordo Curiae WHereas there have been divers Complaints made to his Lordship Vide supra 30 July 76. 27 June 54. for that the Records now remaining in the Inrolment Office are not brought over to the Chappel of the Rolls as formerly have been used to be done Records to be brought into the Chappel of the Rolls and examined his Lordship doth hereby order and require that the Clerk of the Inrolments do bring over into the Chappel of the Rolls all their Inrolments of 1656. and the years before this ensuing Vacation And his Lordship doth order and require the Clerk of the Chappel of the Rolls that when the Inrolments are brought over that they do forthwith lay up the same in Presses appointed for that purpose and do make Calenders and Entries of them that so they may be ready for the service of his Highness and the benefit of the Commonwealth Will. Lenthall Master of the Rolls Sir Nath. Hobart Mr. Escott Saturday the 30th of October 1658. Concerning Bills and Costs Ordo Curiae WHereas upon the motion of Mr. Powell this present day made upon an Affidavit then read in Court Paper Books called the Bills and Costs to be brought into Court whereby it appeared that one Robert Todd doth keep several Paper Books commonly called the Bills and Costs wherein he enters many Bills and Costs without any authority for the same to the great disturbance in proceedings and in danger of the Clients Causes it was therefore prayed that the said Todd may be ordered to bring in the said Books and all Bills entred therein by him and what other publick Books concerning proceedings in Causes he hath or lately had to his Lordship within some short time It is therefore ordered by the Right Honourable the Master of the Rolls that the said Todd do bring in the said Books and all other Books concerning proceedings in Causes in this Court which he had at the time of the making this Order or any time before together with the Bills therein entred to his Lordship upon Thursday next whilst he is sitting in his Court in the Chappel of the Rolls or else to shew good cause to the contrary or in default thereof to stand committed to the Prison of the Fleet. Fryday the 18th of February 1658. Concerning the Six Clerks Order of the Court. VVHereas upon expiration of the late Ordinance for Regulation of the Chancery there did arise several Questions and Differences between those who had been formerly the Six Clerks in Chancery and those persons who had according to the said Ordinance been sworn Attorneys in Chancery upon which differences between them Injunctions to quiet differences between the former Six Clerks and the later till the meeting of a Parliament there was much variety and difference upon Opinion testified by divers Eminent Persons learned in the Law under their Hands and that those differences at length proceeded so far that there arose from thence a great disturbance in the Six Clerks Office and in the proceedings of the Court to the prejudice of the Clients there attending their Causes For prevention whereof and setling the matter for the present till further order and until a Parliament might be sitting who could apply the properest and most effectual remedy thereunto an Order was made bearing date the 4th of March 1657. and afterwards that is to say on Tuesday the 20th of July 1658. An Injunction was granted in pursuance of the said Order and for settlement of the matters aforesaid And whereas now there is a Parliament sitting to which the Parties concerned if they think fit may apply themselves and unto whom the Lords Keepers of the Great Seal of England do conceive it doth most properly belong to determine the matter in question between the said Parties Their Lordships do declare that the said Order and Injunction be from henceforth set aside and determined and that the Parties be left to apply themselves to the Parliament or to take such other course as they shall be advised N. F. C. S. J. L. C. S. B. W. C. S. Lord Keeper Mr. William Lenthall Monday the 16th of May 1659. Touching filing of Bills Order of the Court. VVHereas by reason of the late differences between the Six Clerks and their Under-Clerks Post 86. many disorders and disturbances have risen in the Court of Chancery by not filing of Bills and other Pleadings with the Six Clerks according to the ancient Course and Order of this Court by which means the Clients have been obstructed in their several Suits and the Court abused having granted Injunctions without Bills duly filed for the taking away of which disturbances and for prevention of other inconveniences for the future it is ordered by the Right Honourable William Lenthall Lord Keeper of the Great Seal of England and Master of the Rolls That all Bills brought unto the Clerk in the Six Clerks Office since the 4th of February Bills to be brought in entred and filed with the Six Clerks according to their several dates Answers Pleadings and Records to be entred and filed 1657. which are not entred and filed with the Six Clerks be forthwith brought unto the Six Clerks to be entred and filed according to their several dates And that all Answers Pleadings and Records whatsoever shall forthwith be likewise entred and filed with the Six Clerk and that no Copies or Certificates shall be delivered out of the Office or used without the Hand of one of the Six Clerks thereunto set or in their absence the Hand of one of their respective Deputies And it is likewise ordered by his Lordship that all Pleadings and other Records whatsoever which the Clerks have in their Houses or Chambers be forthwith brought into the Six Clerks Office there to remain in their custody according to the ancient and usual course of the Court. And that no Records for the future shall by any Clerk or his Servant be carried out of the Office to be copied or otherwise used No Records to be carried out of the Office to be copied unless to a Master of the Court or by Order of the Court. And whereas his Lordship hath been informed that one Robert Todd an Under-Clerk in the Six Clerks Office Antea 80. doth keep Books for entring Bills Attachments Rules and Costs to the great disturbance of the Proceedings in the Office It is ordered by his Lordship that the said Todd shall forthwith bring in all the said Books that are in his custody or have been in his custody since the
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
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
shall respectively be put off from hearing for that time and shall not come on again to hearing without farther order Finch C. Venetis 20 die Junij Anno Regni Caroli II. Regis 31. 1679. Touching filing Exceptions to Reports Ordo Curiae IT is this day ordered by the Right Honourable the Lord High Chancellor No Exception to Reports touching the sufficiency or insufficiency of Answers shall be filed in the Registers Office unless notice given to the Clerk on the other side that from this day no Exceptions whatsoever shall be received by or filed with the Register to Reports touching the sufficiency or insufficiency of any Defendants Answer unless such Exceptions shall be brought and filed and notice thereof given to the Clerk in Court of the other side And it is farther ordered That this Order be set up and affixed in the publick Offices of the Six Clerks and Registers â—o the end that all persons concerned may take notice thereof and act accordingly Jovis 25 die Martij Anno Regni Caroli II. Regis 32. 1680. Touching Bankrupts Ex Parte Thomae Knatchbal Armigeri Ordo Curiae THe Right Honourable the Lord High Chancellor of England being now attended by Mr. Mathew Petley and his Counsel in the matter of the pretended Office of Register upon all Commissions of Bankrupts within the City of London and Places adjacent which pretended Office hath formerly been and now is claimed by the said Mr. Mathew Petley under colour of some Patent granted by His Majesty and several persons who have been usually concerned as Commissioners in Execution of such Commissions now also attending with their Counsel several Objections were made against the validity of the Grant or Patent under which the said Mr. Petley claimed And that upon a former debate it had been by his Lordship upon severel Complaints and Petitions on that occasion declared that it would be a very great burthen on the Subject His Lordship on hearing what was insisted on by all Parties declared That although he saw no cause to give any countenance at all as to the establishment of any such Office of Register as the said Mr. Petley claimed by vertue of the said Patent Neverthelss in regard many Complaints and Petitions have been frequently made and presented to his Lordship occasioned by the ill management of Commissions of Bankrupts in and about the City of London and Westminster and the Counties adjacent and more particularly of the losing and mislaying of such Commissions and Depositions and Orders thereupon taken whereby great loss and prejudice hath hapned to the Subject His Lordship thought it necessary and convenient That some person should be appointed to attend the said Commissioners either by himself or his sufficient Deputy or Deputies in that behalf and should have the Custody of such Commissions and Proceedings as should be had before the said Commissioners and see them to be safely kept in some publick or convenient place whereof all persons may have notice to the end such Creditors as are concerned in the taking out and prosecution of such Commissions may resort thither as occasion requires And the Commissioners and Creditors now present together with their Counsel acknowledging that it is most necessary for the safety of both the Commissions and Orders and also for the Bankrupts themselves and their Creditors that the Custody of such Commissions and Proceedings should be put in some safe and secure hands His Lordship is thereupon pleased to order and doth hereby order That Mr. Tho. Knachball shall be and is hereby ordered and appointed to have the inspection by himself or his sufficient Deputies from time to time of all the Commissions of Bankrupts and Proceedings thereupon that shall at any time or times hereafter be taken out against any Bankrupts within the City of London and Westminster and places adjacent within the Weekly Bills of Mortality as also of all such Commissions as shall be taken out against any person or persons becoming Bankruptor Bankrupts within the adjacent Counties hereafter mentioned A Register of all Commissions of Bankrupts in London Middlesex Essex Hartfordshire Kent Surry c. that is to say within the Counties of Middlesex Essex Hartfordshire Surry Sussex Buckinghamshire Berkshire and Kent to the end he may upon any Complaints or occasion be the better enabled to inform his Lordship of the true state of the Matters whereof any Complaints shall or may happen to be hereafter made And also that he or his sufficient Deputy or Deputies shall have the keeping of all such Commissions and Depositions and other Orders and Proceedings thereupon that the same may at all times be produced and that the person concerned may have free resort thereunto as occasion shall require Finch C. Lunae 29 die Octobris Anno Regni Caroli II. Regis 35. 1683. Concerning Orders touching Accounts Ordo Curiae THe Right Honourable the Lord Keeper c. taking into his most serious Consideration the delays and great expences that doth happen to Suitors by Exceptions taken to Masters Report made in pursuance of Orders upon hearing and especially such whereby Accounts are directed to be taken which his Lordship conceives might in a great measure be prevented if the Master were informed of the Matter of such Exceptions before the signing and allowing of the said Report A Master to whom an Account is referred upon the hearing of the Cause when he hath prepared the Report shall send out a Summons that both Parties shall attend him to peruse or take a Copy of it And if the Party be dissatisfied within 4 days to bring in a Note of Exception and to be heard and then and the Mâ—â—â—er to settle his Report His Lordship doth therefore order That every Master of this Court to whom any Accounts is referred or other Matter by any Order upon the hearing of the Causes when he hath fully heard both parties and prepared his Report shall at the request of either party give out a Summons that both parties or some for them shall again attend him who shall have liberty to peruse such his Report or take a Copy thereof And that such person that is dissatisfied therewith do in four days next after such attendance bring in a Note in Writing of their Exceptions thereto and take out a Summons to be heard thereupon and then the said Master is to settle and finish his Report as he shall find Just And it is further orderd That when upon hearing of Exceptions it shall appear to the Court that the party excepting did not offer his Objectâ—ons before the Master because he depended upon his Appeal to the Court and sought delay In such Case though the Exception shall be allowed yet the party for his neglect and occasioning trouble to the Court and charge and delay to his Adversary The Party neglecting to pay Costs shall pay such Costs as the Court shall think reasonable And it is further ordered That where by Special Order the Court
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
in the several Offices of the Masters Six Clerks and Registers that all Parties concerned may take notice thereof Lord Chancellor and Master of the Rolls the 17th of May 1697. forbidding all Masters Clerks of this Court and Examiners Clerks to practise as Solicitors Ordo Curiae VVHereas there have been former Complaints and the causes thereof have lately appeared to be still continuing that the Clerks belonging to some of the Masters of this Court and also some Examining and Copying Clerks in the Examiners Office have taken upon them the soliciting of Causes depending between Party and Party in the said Court so as no person that is a Suitor to the Court can be safe in his Person or Estate where any such Clerks shall be retained as Solicitors against him which practice of theirs hath and may hereafter tend to the perverting of Justice to the great Scandal of the Court for the prevention whereof and that the Suitor may be preserved from suffering by the ill consequences that may happen thereby for the future the Right Honourable the Lord High Chancellor of England with the advice and assistance of the Honourable the Master of the Rolls doth hereby order That from henceforth no Clerk belonging to any of the Masters of this Court nor any Clerk belonging to either of the Examiners of this Court shall take upon him either by himself or any other person under him the managing or soliciting any Cause whatsoever either already commenced or which shall hereafter be commenced in this Court. And if any person so related to the said Court or which shall hereafter be so related shall be found to offend against this Order they shall not only be suspended their Imployments but for their Contempts shall stand committed to the Prison of the Fleet and the Masters of this Court as also the Examiners are to take care that all their Clerks do give obedience hereto And that all persons concerned herein may have due notice hereof his Lordship doth further order That Copies of this Order be sent to the Publick Officers of the said Masters and Examiners of this Court Geo. Edwards Deputy Register AN Alphabetical Table of the Principal Matters A Affidavits FIling and Registring of Affidavits before they are read 23 Jan. 1629. 21 June 60 Page 8 92 And no Process to be grounded upon Affidavit except it be filed Page 10 Affidavits to be filed and registred in convenient time Page 94 How the Masters are to take Affidavits Page 15 Or certifie them Page 74 146 Affidavits to be written without Blots or Interlineations 28 Feb. 1632. Page 18 Affidavits to be filed in due and convenient time after they are sworn ibid. and Page 93 Table of Fees of the Affidavit Office vide Fees Page 35 Answer vide Report Peers to answer upon Reputation of Honour only Page 63 Plaintiff need not serve the Defendant with a Subpoena for a further Answer 1676. Page 192 If the Defendant put not in a perfect Answer within four days then Process of Contempt ibid. And the party may proceed on former Pro-Process Answer how to be drawn Page 121 No second Commission to Answer without special Order ibid. Of hearing upon Bill and Answer Page 122 Twenty shillings Costs for amending an Answer and if the first Answer be certified insufficient 40 s. Page 123 124 Of a second Answer Page 124 So of a third or fourth or fifth Answer ibid. 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 Page 193 And if the Defendant put not in a perfect Answer in eight days procesâ— of Contempt Page 193 No Exception to Reports touching the sufficiency or insufficiency of the Answers shall be filed in the Registers Office unless notice given to the Clerk on the other side Page 197 Attachments After Attachment with Proclamation is retorned no Commission to Answer nor no Plea or Demurrer without notice Page 121 Register not to enter any Commission Rule or Attachment but by Warrant of the Six Clerk Page 54 Amendment of Letters Patents the manner how 16 November 1635. Page 22 How the Master is to demean himself when an Account is referred to him 29 October 83. Page 201 Attachment for not appearing to a Subpoena Register not to enter any Commission Rule or Attachment but by Warrant under the Six Clerks hand 1646. vide Contempt B. HOw Counsel to demean themselves in drawing Bills Page 113 Of Scandalous Bills Page 114 Bills to be dated the same day they are brought into the Office ibid. No Bills to be Engrossed or Copied out of the Office 1646. Page 55 No Bills Answers or Pleadings to be Copied till they are duly filed 1646. Page 131 Bills to be filed with the Six Clerk according to their several dates 16 May 59. 30 May 59. Page 83 86 No Bills c. or Records to be carried by the Under-Clerks to be Ingrossed in their Chambers Page 55 Paper Books called the Bills and Costs to be brought into Court Page 80 Register of Commissions of Bankrupts Page 201 C. Clerks UNder-Clerks to be allowed Parchment for passing Decrees 5 June 11 Car. 1. Page 23 Differences between the Six Clerks and the Examiners setled 3 March 36. Page 81 Every Six Clerk after the end of the Term to examine their Titling Books by the Filing-Book 9 June 14 Car. 1. Page 43 Every Six Clerk to be stinted to twelve Under-Clerks 25 Jac. 63. Page 111 226 Ordinances for regulating the Under-Clerks and augmenting their number 20 March 88. Page 162 226 None to have access to the Records but the sworn Clerks Page 228 Fine on a Six Clerk for not attending the Hearing Page 61 Rules of Behaviour of the Six Clerks and Under-Clerks 9 December 93. Page 160 The Oath of an Under-Clerk Page 161 A Six Clerk is to take an Articled Clerk for a waiting Clerk and not to have above two waiting Clerks each ibid. No sworn Clerk to have more than one Articled Clerk ibid. The time of admitting the Under-Clerks enlarged 31 October 68. Page 171 Division of the business of the Six Clerks Office according to the Alphabet Page 37 Repealed Page 108 Commissions No Commission for examination of Witnesses to be in or near London 7 March 1629. not within 20 miles 15 October 1651. Page 12 Commissioners Names to be entred in a Book 1646. Page 56 Upon a renewed Commission all the Witnesses to be examined Page 133 No Commission ad examinand ' Testes to be in London or within 20 miles Page 64 Who to bear the Charges of the Commission Page 132 Certificate vide Orders Masters The Masters not to return special Certificate to the Court unless required by the Court Page 144 How Certificates and Reports of the Master are to be drawn Page 145 The Masters Certificate not being to ground a Decree is positive Page 146 Contempts Process of Contempt to be
Consideration the present state of the Office of Registring Affidavits in this Court and the necessary use thereof and observing upon what just and honourable grounds the same was first Instituted and Erected by our late Sovereign Lord King James of blessed Memory for preventing the embezilling and falsifying of Affidavits whereby the Court hath been often abused the course of Justice interrupted and the Suitor apparently wronged or unduly prejudiced and finding withal That notwithstanding the said late Kings express Commandment by Letters Patents under the Great Seal of England and since revived by his Majesty that now is by like Letters Patents dated the 18th of December last for prohibiting the making or entring of any Order Attachment Commission or other Process or Procedings of the Court grounded upon an Affidavit except such as properly belong to the Supplicavit Office till the Affidavit were first Filed and Registred in the Affidavit Office And notwithstanding special Orders of the Court heretofore made to that purpose and by Directions both publickly and upon private Petitions given for due observation thereof yet the same hath been of late years so much neglected as it is now found necessary for the honour of the Court the good of the Suitor and the righting of the Officer to give reformation thereunto It is therefore upon due consideration of the Premisses Ordered by their Honours That all Affidavits of this Court except those only which belong to the Supplicavit Office shall before the same be exhibited in Court or otherwise produced to ground any Orders Writs Process or Proceedings of Court thereupon be brought into the said Office for Registring Affidavits and be there duly Filed and Registred All Affidavits except those that belong to the Supplicavit Office before they be read in Court to be first Filed and Registred in the Affidavit Office and attested by a Copy thereof under the Officers hand and that no Copy of Affidavit be made or subscribed but by the sworn Register of Affidavits No Copy of Affidavit to be subscribed but by the sworn Register of Affidavits or his Deputy for the time being and that no Councel at Law nor any of the six Clerks or other Clerks or Officers of this Court nor any Solicitors of Causes there depending shall from henceforth offer to read or give in Evidence to the Court any Affidavit that is not first Filed and Registred in the said Affidavit Office and attestation thereof given by a Copy under that Officers Hand or his Deputy And that neither the six Clerk nor any of the Cursitors nor the Register of the Court their Clerks or Deputies do make pass or enter any Orders for Attachments Commissions of Dedimus potestatem or other Commissions Writs Processes or proceedings grounded upon an Affidavit unless the said Affidavit be first Filed and Registred in the Affidavit Office Six Clerks Cursitors Register of the Court not to pass or enter any procâ—ss grounded upon an Affidavit unless they be first filed as aforesaid And that all Clerks of the Court and Solicitors of Causes there do before the last day of this Hillary-Term bring in all such Original Affidavits as are remaining in their Hands into the said Office and cause them to be duly Filed and Registred at their Perils All which particulars their Honours do straighly charge and require to be from henceforth duly observed that his Majesties express Commandment therein be not contemned or neglected Tho. Coventry C. S. Jul. Cesar Veneris 7 die Martii Anno Regni Caroli Regis Quinto 1629. Concerning Commissions for Examination of Witnesses Ordo Curiae VVHereas Complaint hath been made unto me by the Examiners of this Court that divers Commissions Ad Examinand ' Testes have issued under my Name which have been executed in or near London in such secret manner that the Examiners have not been able to get timely notice for suppressing of the same Forasmuch as I find by the Ancient Constitutions and Ordinances of the Court that no Commission Ad Examinand ' Testes ought to be granted but for Age Impotency and remote distance of place And by the general and approved practice of the Court all Examinations of Witnesses in or near London have been taken by the Examiners in their Office and not by Commission unless by stealth as aforesaid or by special Order of Court And because the issuing and executing of such Commissions contrary to the said Order and Usage of the Court is a great wrong and discredit to the Examiners and their place who with their Clerks do give daily attendance at the Rolls as well in the Vacation as Term-time for the more speedy dispatch of such Witnesses as are to be examined in or near London upon Causes depending in Chancery and for the parties to decline the sworn Officers of the Court constituted for that purpose without any just exception against them giveth cause to suspect the same to be done for sinister purposes Examinations taken in Court being always esteemed better and more indifferent there taken than by Commission I have thought fit for preventing the said Wrong and Abuse for the time to come hereby to declare and make known That I do therefore Order and Require the six Clerks and such their Clerks and under Clerks who do write Commissions to forbear to make or cause to be executed in or near London any Commission Ad examinandum Testes The six Clerks or under Clerks not to make or cause to be executed any Commission Ad examinand ' Testes in or near London in or under my Name and if any such Commission shall be hereafter made in my Name I do hereby likewise declare That I will both disavow the same as Irregular and contrary to Order and do resolve to question them for doing thereof All which I have the rather been moved to declare and make known out of the indifferent and equal respect I bear to all parties and my care and desire that each Officer under me should contain themselves within their own proper Bounds without incroaching the one upon the other that so I may preserve and leave things in the same state and order wherein I found them without innovation or alteration At the Rolls this 7th of March 1629. Jul. Cesar Jovis 17 die Novembris Anno Regni Caroli Regis septimo 1631. Touching Contempts Ordo Curiae THE Right Honourable the Lord Keeper finding much inconvenience and prejudice to fall upon divers of his Majesties Subjects who are Suitors in this Court by the undue proceedings of such as sue out the Process of the Court upon Contempts the same oftentimes running out to a Commission of Rebellion or to a Serjeant at Arms before the party against whom the Process made out hath had notice of the precedent Process issued forth against him which is occasioned by reason the said Processes are oftentimes made unto a County where the Party is not resident and when it is made
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
been made of divers Process of this Court and other proceedings therein grounded upon Petitions Signed by their Honours or by the Master of the Rolls without Filing such Petitions with the Register and entring Orders thereupon whereby divers persons have been put to trouble and charge unwarrantably and the said Petitions and the Process and Proceedings thereupon have been discharged for want of entring Orders upon the said Petitions and Filing them as they ought to be to the end the same may be and remain as a Warrant for such Process and Proceedings where the Suitors may expect to find the same by which undue courses the Suitors have lost the benefit of such Petitions and the Process and Proceedings thereupon their Honours do therefore order and command all Officers and Clerks of this Gourt for the prevention of the like prejudice and loss to the Suitors for the future that no Officer or Clerk of this Court shall from henceforth make or issue forth any Subpaena's Attachments No Subpaena Attachment or other Process of this Court shall issue out upon any Petiton untill such Petition shall be first Filed with the Register and an Order entred thereupon or other Process of this Court nor proceed or admit of any Proceedings in any Cause depending in this Court upon such Petitions so Signed by their Honours or by the Master of the Rolls until such Petition shall be first Filed with the Register and an Order drawn and entred thereupon to the end the Suitor may know whither to resort to see the Warrant for such Process and Proceedings And their Honours do declare and Order that all such Subpaena's Process and Proceedings as shall at any time hereafter issue and be had upon such Petition being not Filed nor any Order entred thereupon shall be null and void as irregular and undue and shall not bind the adverse party whereof the Officers and Clerks of this Court are to take notice at their peril Martis 19 Octobris Anno Regni Caroli Regis 23. 1647. Two Persons committed to the Fleet for Imbezelling the Records of the Court. Ordo Curiae WHereas the Honourable the Master of the Rolls For committing to the Fleet two persons that imbezelled the Records of the Court. having been informed of a great abuse and misdemeanor committed by William Newdigate and Robert Gold in taking out of the Six Clerks Office divers Decrees and Records of the Court and disposing them to other uses and his Honour having Examined the matter and finding the said persons guilty of the said Crimes It is Ordered that the said William Newdigate and Robert Gold do stand committed to the Prison of the Fleet until further Order shall be taken This Court intending to inflict Exemplary punishment upon them as the nature of such offence doth deserve Ordinances received and provided this Hillary Term Anno Caroli Regis 22. 1646. by the Right Honourable Edward Earl of Manchester Speaker of the House of Peers pro tempore and the Honourable William Lenthall Esq Speaker of the House of Commons and Master of the Rolls Commissioners for the Great Seal of England for the Redress of sundry Disorders in Proceedings in Causes and of other Abuses of late crept into his Majesties High Court of Chancery FOrasmuch as by undue Proceedings and abuses especially of the under Clerks serving in the Offices of the Six Clerks who are the only and proper Attorneys in the High Court of Chancery the Ancient Rules and setled Government of this Court are disturbed and perverted to the Dishonour of this Ancient and Honourable Court For the more speedy redress of which Enormities and to prevent the like for the future until the Committee appointed by Parliament for the Regulating the Proceedings in Chancery shall take further care thereof This Court upon due and mature consideration had hath thought fit to publish and declare and do hereby publish declare and order to the end that all disorders already crept into the Office of Six Clerks in this Court may be reformed and for prevention of abuses for time to come in the practice and proceedings of and in the said Office of the Six Clerks 1. Paper-Copies in Chancery to contain fifteen Lines in every sheet and to be Signed by the Six Clerk before they are delivered out of the Office That all Copies in Chancery written in Paper shall contain 15 Lines at the least in every sheet thereof written orderly and unwastefully all which Copies before they shall be delivered out of the Six Clerks Office shall be Signed with the name of the Six Clerk to whom they do belong of his proper hand-writing or in his absence by his Deputy by him to be appointed for whom he will answer and if any Copy shall be delivered out of the Clerks Office not so Signed as aforesaid the same shall not be made use of in Court or by any Master or Sollicitor 2. No Subpaena ad Audiend ' judicium to be sued forth but by Note in writing under the Six Clerks hand No Subpaena ad audiendum Judicium shall henceforth be made or sued forth but by Note in Writing of the Six Clerks hand as shall be the parties Attorney in the Cause or such his Deputy as aforesaid in his absence for Warranting the same for which Note only no new Fee shall be taken 3. Replication to be first entered and Filed before a Subpaena ad Rejungendum shall issue out No fruit shall be taken of any Subpaena ad rejungendum unless there be a replication first entred with and Filed by the Plaintiffs Six Clerk in the Cause according to the course of the Court before the issuing out of the said Subpaena or at least before the return thereof and the parties upon whom such Subpaena shall be served finding no Replication so Filed before the return thereof shall have the ordinary Costs taxed 4. Register not to enter any common Rule or Attachment but by Warrant under the Six Clerks hand The Register of the Court shall not enter in his Office any common Rule or Attachment which issues from the Six Clerks Office but by a Note or Warrant under the Six Clerks own hand that is Attorney in the Cause or such his Deputy as aforesaid And the Six Clerks are carefully to see that all Common Rules and Attachments be from henceforth duly entred in the House-Book and with the Register according to the ancient course of the Court All common Rules and Attachments to be duly entered into the House-Book and with the Register and no under Clerk in the said Office shall enter any Rule either in the House-Book or the Register until the same be first entred with the Six Clerk to whom the said Rule is proper to be given 5. No Bill Answer or Pleadings shall be Copied till they be duly filled No Bill Answer or other Pleadings shall be Copied before they be duly Filed and the hands of the Six
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