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
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
hands by the time aforesaid William Lenthall C. S. Lunae 1. Aprilis Anno 1650. Concerning Prisoners Ordo Curiae IT is this day Ordered by the Right Honourable the Lords Commissioners for the custody of the Great Seal of England that such Prisoners now in the Custody of the Warden of the Fleet Prisoners in the Fleet not worth 5 l. to have their Liberties by Habeas Corpus who have made Affidavits according to the late Act of Parliament for Prisoners that are not worth 5 l. shall have their Liberty by their Habeas Corpus upon their own Security to be given to the Warden of the Fleet. Veneris 21 die Junii 1650. Touching the Six Clerks Ordo Curiae WHereas only Mr. Hales one of the Six Clerks of this Court gave his Attendance this Morning sitting the Court at the entring into the hearing of the Cause wherein Kitchen is Plaintiff against Meredith Defendant Fine on a Six Clerk for not attending at an Hearing and the rest of the Six Clerks made default It is therefore this present day Ordered that such of the Six Clerks who so made default of their attendance and service to this Court at the beginning of that Cause be fined 10 s. a-piece to the Poor and the Usher of this Court is to receive the same to the use aforesaid Lunae 17 die Febr ' Anno 1650. Pleas and Demurrers Ordo Curiae THe Right Honourable the Lords Commissioners for the Custody of the Great Seal of England taking notice of many inconveniences by the entring Demurrers in the Paper after the same is set up in the Registers Office Plea and Demurrer to be put into the Paper at least two days before the hearing such Plea or Demurrer and after such Paper put in the Registers Office no alteration to be made therein whereby the other Side is many times surprized do think fit and order That from henceforth the Registers do not enter any Plea or Demurrer in the Paper at the instance of any person or Warrant for setting down the same on any certain day unless the Suitor shall bring such Order or Warrant to the Register to be so entred at least two days before the day appointed for hearing such Demurrers or Plea and that after such Paper made and set up in the Registers Office no addition or alteration shall be made therein Jovis 31. die Decembris Anno Regni Car ' Regis 16. 1640. The Nobility Answering Ordo Parl ' ORdered upon the Question Nemine Contradicente That the Nobility of this Kingdom and Lords of the Upper House of Parliament are of Ancient Right to answer in all Courts as Defendants Peers of the Realm to answer in all Courts upon Protestation of Honour only upon protestation of Honour only and not upon the Common Oath and that the said Order and this Explanation doth extend to all Answers and Examinations upon Entries in all Causes as well Criminal as Civil and in all Courts and Commissions whatsoever and also to the persons of the Widows and Dowagers of the Temporal Peers So the Widows and Dowagers of Temporal Peers of the Land and that the Lord Keeper of the Great Seal of England for the time being or the Speaker of the Lords House for the time being do forthwith give notice of it together with the explanation to all the Courts of Justice and the Judges Clerks and Registers of them by causing our former Order with this explanation to be recorded in all Courts and that all Orders Constitutions or Customs entred or practised to the contrary whensoever may be abolished and declared void and the Lord Keeper of the Great Seal for the time being or Commissioners of the Great Seal out of Parliament-time shall see all practice to the contrary hereafter to be punished with exemplary severities to deter others from the like attempts Jo. Browne Cleric ' Parl ' Lords Commissioners Wednesday the 15th of Octob. 1651. Concerning Examiners Ordo Curiae UPon motion this day made unto the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England by Mr. Rich and Mr. Raven on the behalf of the Examiners of this Court touching an abuse by some persons of late often committed in taking out and executing Commissions in and about London contrary to the General and Known Rules and Practice of this Court that no Commission shall be executed in London No Commission to be executed in London or w thin 20 miles thereof or within twenty miles thereof and several Orders of Court heretofore made in confirmation thereof their Lordships do appoint the Examiners to attend them with the Orders and Presidents of the Court in this Case and they will then be pleased to give such order for relief of this abuse as shall be just Lords Commissioners Fryday the 18th of June 1652. Concerning Motions Ordo Curiae WHereas heretofore Thursday in every Week in the Term-time was appointed by the Right Honourable the Lords Commissioners c. for the hearing of Motions and so observed for several Terms together to the great benefit of the Suitors but of late the said Custom hath been let fall without any Direction or Order from their Lordships and Causes appointed to be heard every day except the First and last through the whole Term. Their Lordships upon the motion of Mr. Chute do order that from henceforth Thursday in every week in the Term-time to be observed for motions only Thursday in every week in the Term-time unless when it happens to be the the second of the beginning or the last day save one of the end of the Term to be observed for hearing of Motions only and the Six Clerk as also the Secretary are to take notice thereof and not to tender or procure any Cause to be set down for hearing on that day Thursday the 16th of March 1653. An Order made by the Honourable William Lenthall Esq Master of the Rolls for the better ordering and safe-keeping the Records in the Six Clerk Offices FOr as much as there have been Complaints lately made to the Honourable the Master of the Rolls of divers Records lost or so mislaied in the Six Clerks Offices that they are not to be found which abuse and other mischiefs upon enquiry he finds to grow from the great neglect of due filing of Bills Answers and other Pleadings and carrying them out of the Office to be copied and lying scattered up and down the Offices in the Under-Clerks Seats His Honour taking consideration thereof and for redress for the future doth order and command all the Clerks in the said several Offices that they forthwith turn over all Bills Answers and Pleadings which they have in their several custodies or have delivered out to be copied and which ought to have been turned over and filed before this time to the end they may be all forthwith filed with the several Six Clerks for their safe custody And that all the
4th of February 1657 unto his Lordship to be disposed of according to the ancient course and custom of the Court. Will. Lenthall C. S. Lord Keeper Saturday the 21th of May 1659. Subpoena Office Order of the Court. VVHereas I am informed that Writs to examin Witnesses in perpetual memory Writs of Duces Tecum and Writs to shew Cause upon Orders are of late made use by the Clerks of the Six Clerks Office upon the pretence that if the word process be in the Order that then as Clerks of the Court they may make them And that also by such Clerks and others appearing on counterfeit Writs of Subpaena much damage doth accrew not only to the Subpaena-Office it self but also unto the Clients thereof It is therefore ordered that from henceforth no Clerk of the Six Clerks Office or others do appear on any Counterfeit Writ of Subpaena and that no person that shall be guilty of counterfeiting any Subpaena shall be permitted to write under or for any Clerk of the Six Clerks Office whereof the Six Clerks and their Clerks are to take notice And also that no Clerk of that Office making any Writs of Duces tecum Writs to examin Witnesses in perpetual Memory Writs of Duces tecum Writs to examin Witnesses in perpetual Memory or Writs to shew cause on Orders to be made by the Clerk of the Subpaena-office only or Writs to shew Cause on Orders but that they be made by the Clerk of the Subpaena-Office as formerly hath been accustomed Will. Lenthall C. S. Lord Keeper Monday the 30th of May 1659. Concerning Filing Bills Order of the Court. Antea 83. VVHereas by an Order bearing date the 16th of May instant it was ordered amongst other things That all Bills brought unto the Clerk in the Six Clerks Office since the 4th of February 1657. should be entred and filed with the Six Clerks according to their several dates His Lordship doth declare That it was not his intention to make good any Process of Contempt that issued out for not appearing or not answering to any such Bills not duly filed with the Six Clerks at the time of issuing out of any such Process nor to discharge any Costs duly obtained for want of due filing All Bills to be brought into the Clerk in the Six Clerks Office to be entred and filed according to their several dates This Order not to extend to Process of Contempt issuing out for not appearing and not answering to any such Bills not duly filed nor to discharge any Costs for want of due filing of any such Bills with the Six Clerks but for supporting of Injunctions and other Proceedings upon the merits of the Cause And it is ordered by his Lordship That all Bills and other Proceedings brought or to be brought unto the Clerk in the Six Clerks Office for the future shall be entred and filed with the Six Clerks according to the ancient use and custom of the Court. Monday the 16th of April 1660. An Order between Walter Long Esq and the Lady Jermyn touching the Registers Office in Chancery THe said Parties appearing before us this day upon complaint made by the Lady Jermyn that Mr. Long had lately taken divers Books out of the said Office and carried them to another Place so as the business of the Office is hindred Order to be heard by Councel touching taking of Books out of the Office And Mr. Long now desiring time to be heard by his Councel it is ordered that both sides attend as to be heard herein on Thursday next and in the mean time the business of the Office is to be done by the usual persons and in the usual place T. W. C. S. T. J. C. S. Lords Commssioners Thursday the 19th of April 1660. Pursuant of the former Order WHereas complaint hath been made to your Lordships that several Books and Papers belonging to the said Office have by force been lately taken away from thence by Walter Long Esq accompanied with one Robert Smith and others his Assistants therein and carried away to another place whereby the business of the Court hath been and is hindred and this was done pending a Reference of Parliament touching the said Office made to Denzill Hollis Esq and Sir Harbottle Grimstone Baronet And their Lordships have made an Order of the 16th of this Month for both Sides to be heard herein this day touching the said Books and Papers and all Parties concerned with their Councel attending Upon debate of the matter and hearing what was offered on all Sides their Lordships having respect to the business of the Court and that the same may be carried on and dispatched without interruption do think fit and so order Mr. Long to bring back the Books which he had removed into the Registers Office that all the Books and Papers so removed and by force taken and carried away out of the Registers Office aforesaid by the said Mr. Long and his Agents and Assistants and also the Book or Books seized upon and taken away by one Lanselot Emot and his Assistants and since delivered over to the said Mr. Long be by him the said Mr Long brought back and delivered into thâ— Registers Office in Symonds-Inn in Chancery-Lane before Saturday the 28th instant there to remain and be disposed into the hands of those persons who formerly had the same in their custody And their Lordships do further order and declare That for the time to come and until further order the business of the Office shall be done by the usual persons and in the usual place aforesaid for which their Lordships do understand that a Rent hath been constantly paid whereunto Mr. Long or any for him may have free liberty of access And as to the Order of the 19th of October last made on the behalf of Mr. Long their Lordships do declare that they will take the same into their consideration at the first General Seal after Easter next And do further order and declare That all persons concerned with their Councel do then attend touching the same And their Lordships do further declare That this Order shall be without prejudice to the Right Title or possession of any person or persons concerned in the said Office or pretending any Right thereunto And that the same is not intended by their Lordships to hinder or prejudice the said Reference or any Order or Award to be made by the said Referees This Order not to prejudice any Reference or Award to be made by the Referees therein but only that the Affairs of the said Office may be carried on peaceably without disturbance for the good and benefit of the people which they looked upon as a thing of present necessity and as a duty incumbent upon their Lordships T.W. C.S. T.J. C.S. Thursday the 21th of June 1660. Concerning Records Order of the Court. WHereas Nicholas Strode Esq is duly sworn Vide ante 5 Car. 1. and admitted one of the Examiners
Town whereby the said Decree cannot in strictness be performed It is this present day ordered by the Right Honourable the Lord Keeper c. and the Honourable the Master of the Rolls that the said time be inlarged till the first day of the next Term without any prejudice to any absent under-Clerk who shall not come in to be admitted and sworn in the mean time Mercurii 18 die Novembris Anno Regni Caroli secundi Regis 20. 1668. Touching Priviledge Writs Pauper Writs and Renewed Writs Ordo Curiae FOrasuch as the Right Honourable the Lord Keeper c. was this day informed by Mr. Collings on behalf of several Officers and Clerks of this Court that all small Writs that passed the great Seal for priviledged Persons and for such as are admitted to sue in this Court in Forma Pauperis and Renewed Writs were and usually have been by ancient course delivered to persons by whom such Writs have been Sealed or to their Clerks without paying any thing therefore and that by an Order of this Court made the 12th of February 14 Caroli secundi Vide supra 12 Feb. 14 Car. 2. upon information of one Mr. Hutton a Clerk or Deputy to the Right Honourable the Lord Newbrough through whose Office all Writs of that nature do pass refuseth to deliver the same without Fees for the Seals thereof It was thereupon ordered That all Writs which should be sealed for priviledged Persons and for Suitors in this Court in Forma Pauperis and Renewed Writs should from henceforth be delivered to the persons for whom the same should be sealed or to their Clerk without paying or giving any thing for the same which Order was observed by the said Mr. Hutton during the time he continued his Employment in the said Office But one Mr. William Adderly who now Farms the said Office under the Commissioners of His Majesty's Treasury refuses to deliver such Writs aforesaid without paying Fees for the Seals thereof Pâ—iviledge Wâ—its Pauper Writs and Renewed Wâ—its to pay no Fees It is ordered by his Lordship That the said Mr. Adderly do observe and conform to the Order aforesaid by delivering all Writs which shall be sealed for priviledged Persons and for Suitors to this Court in Forma Pauperis and Renewed Writs to the persons for whom the same shall be sealed or to the Clerk without paying or giving any Fees for the same unless the said Mr. Adderly having notice thereof do on the last day of this Term shew cause to the contrary Sabbati 12 die Feb ' Anno Regni Caroli II. Regis 22. 1670. Concerning Exceptions to a Masters Report Ordo Curiae THe Right Honourable the Lord Keeper taking notice of the trouble and loss of time to the Court and expences and delay to the Suitors occasioned by putting in Exceptions to Masters Reports many of which do prove frivolous and vexatious doth for the prevention thereof declare and order That for the future from this time every person that shall put in Exceptions to a Masters Report shall besides the 40 s. deposited upon exhibiting the same pay 10 s. farther Costs for every Exception or distinct branch of an Exception which shall upon the hearing thereof be over-ruled He who puts in Excceptions to a Masters Report besides 40 s. shall pay 10 s. Cost for every Exception that shall be over ruled Martis 8 die Aprilis Anno Regni Caroli II. Regis 25. 1673. At Exeter-house by the Right Honourable the Lord Chancellor About the Impositions on Law Proceedings Ordo Curiae ORdered upon the humble request of the Farmers of his Majesty's Duty arising by virtue of an Act of Parliament for laying Impositions on Proceedings at Law That the Agent or Agents of the said Farmers shall have liberty to attend from time to time and view all Copies of Records of the said Court that shall be offered to be read or made use of in any Motion or on the hearing of any Cause arguing of any Pleas or Demurrers or exceptions to Reports at the Lord Chancellors and also at the hearing of all Causes at the Rolls to the end it may be known whether such Copies be signed by the proper Officer appointed for that purpose by the said Act and His Majesty's Duty duly answered for the same And all Counsellors Clerks Solicitors or others in whose Custody any such Copy shall be are required to permit the said Agent or Agents on request in that behalf Farmers of the Duty of the Law Tax how to manage themselves for the better collecting thereof to view and take an account of the same according to the direction of the said Act that the said Agent or Agents shall have liberty to attend at all Publick Seals from the time of opening the Seals to the shutting up thereof and shall put up all Writs and other things that shall be sealed into a Bag for that purpose and go immediately after the Seal is over with the Clerk of the Hanaper or his Deputy to the Hanaper Office and then take an account of all the said Writs and other things Sealed and stamp the same with a Stamp to be provided by the said Farmers for that purpose and if necessity do require that any Writs or other things Sealed shall be delivered out immediately after Sealing the same shall be first stamped and an account taken thereof by the said Agent or Agents but neither the Clerk of the Hanaper nor his Deputy nor any other shall presume to deliver out or take away any Writs or other things whatsoever that shall pass the Seal until the same be so stamped that the said Farmers Agent or Agents giving their due attendance from time to time to perform the same that some person whom the Farmers shall for that purpose appoint shall attend at all private Seals and take an account of and make an Entry into a Book to be kept by him for that purpose of all Writs and other things that shall be Sealed at such private Seal and shall also write his Name on the backside of such Writs and other things so Sealed and see that His Majesty's Duty be answered for the same Shaftsbury C. Har. Grimstone Jovis 8 die Maij Anno Regni Caroli II. Regis 25. 1673. At Exeter-house ad idem Ordo Curiae THe Right Honourable the Lord High Chancellor c. having this day heard the Farmers of His Majesty's Duties arising by impositions and proceedings at Law and their Counsel and also the Six Clerks Office in the Court of Chancery and the Under-Clerks in the Six Clerks Office to several things offered by the said Farmers for better collecting the said Duties arising within the said Six Clerks Office doth order and direct according to the Power and Authority given him by the said Act. 1. That no Clerk or Solicitor do send or knowingly permit or suffer to be sent any Bill Answer Plea Demurrer Depositions of Witnesses or other Record of the said Court or any
have not been Articled Clerks or ever educated and imployed in the said Office and that several of the sworn Clerks have and do not only take more than one Articled Clerk which they by the Rules and Orders of the said Court for the Government of the said Office ought not to do but do likewise carry the Records out of the said Office and cause the same to be copyed at under rates by persons out of the Office rather than to allow to their Under-Clerks their due Fees for Copying thereof All which proceedings are not only contrary to the ancient Orders and Rules of the said Office but manifestly tend to the discouraging of diligence industry and Clerkship and to the introducing of ignorance All which matters his Honour taking into his serious consideration and being minded to prevent the like and all other abuses and disturbances in the said Office for the future and for the time to come to keep and restrain the said Under-Clerks within such Rules and decent behaviour towards all and every the sworn Clerks of the said Office and their Clients as ought to be practised and observed amongst the Clerks in so High and Honourable a Court doth think fit and so order that none of the said Under Clerks do hereafter presume by any of the ways aforesaid or by any other means on any pretence whatsoever to make any such Noyse or disturbance or commit any disorder in the said Office or cause or procure the said Office to be shut up or endeavour to force or oblige any of the sworn Clerks or their Clients to depart from or leave the same And that the said Office be not for the future shut up at any times than only upon such Holy-days as are kept by the Court in Term time and such only in Vacation as are or shall be appointed to be kept by Act of Parliament or any other publick Authority Rules of behaviour of the Under-Clerks to the sworn Clerks And further That no Under-Clerk in the said Office shall from henceforth during the time of his Clerkship presume to wear any Sword either in or out of the said Office within the Cities of London or Westminster or the liberties thereof or to be covered or wear his Hat in the said Office in the presence of any one of the sworn Clerks but that all the said Under-Clerks shall during all the time of their respective Clerkships as well in their Masters Seats as elsewhere in the said Office be uncovered and behave themselves orderly soberly and with respect towards all the sworn Clerks and the Suitors of the Court And in case any of the said Under-Clerks shall be idle in the said Office out of their Masters Seats they shall upon the admonition or command of any of the sworn Clerks immediately repair to their Masters Seats and quietly sit and attend their business there from seven of the Clock in the Morning in Summer and eight in the Winter till twelve of the Clock at Noon and from two of the Clock in the Afternoon until such time as their respective Masters shall think fit And in case any of the said Under-Clerks shall be hereafter guilty of any the aforesaid or any other abuses disorders or indecencies in the said Office he and they so offending shall undergo such punishment either by expulsion or otherwise as his Honour 〈◊〉 the Master of the Rolls for the time being shall think fit to inflict and for the better incouragement of the Under-Clerks and to the end the Rules and Orders for the Government of the said Office may be the better observed for the future his Honour doth further order No Six Clerk to take a waiting Clerk but such as hath been an Articled Clerk That no Six Clerk do for the future take any person to be his waiting Clerk or Clerks but such who are or have been Clerks articled to some one of the sworn Clerks of the said Office and that they have not above two waiting Clerks each Six Clerks not to have above two waiting Clerks each and if any of their future waiting Clerks have not been Articled Clerks such waiting Clerks shall be forthwith discharged and that no sworn Clerk do take and have more than one Articled Clerk at the same time No sworn Clerk to have more than one Articled Clerk at the same time before his first Articled Clerk be preferred in the said Office or that the first Articled Clerk be discharged with the knowledge and approbation of his Honour 〈◊〉 the Master of the Rolls for the time being And if any of the sworn Clerks now have any more than one Articled Clerk that such sworn Clerk do discharge his second Articled Clerk from the said Articles and deliver up his Articles with what he hath received with him his Honour declaring That if any sworn Clerk have or shall presume to Article with a second Clerk before the first Clerk be preferred in the said Office or discharged as aforesaid such Articles shall be deemed and taken to be ipso facto void and of none effect And doth further order No sworn Clerk to carry Records out of the Office without leave of the Master of the Rolls nor to employ any to Copy Records but such as are Arcicled Clerks That no sworn Clerk do presume being contrary to his Duty to carry any Records out of the said Office without leave first obtained from the Master of the Rolls for the time being nor do imploy any person in the Copying of any Records but such who are Articled Clerks unless in case of sickness or that the Articled Clerk shall refuse or neglect to Copy the same whereof Complaint is immediately to be made to his Honour to the end the same may be redrest And to the end this Order may be the better known effectually obeyed and duly observed his Honour requires and expects the same to be fairly ingrossed and from henceforth hung up in the said Office in a Frame to be provided for that purpose Sabbati 19 die Januarij 1694. Touching Reading Depositions Ordo Curiae WHereas in former times as well as lately Complaints have been made by the Examiners of this Court That after Depositions of Witnesses have been taken in their Office between parties Plaintiff and Defendant one of the said Parties or some of their Agents have taken out the Copies of Depositions for his Party only and afterwards the same Party hath for Mony or other reward given or suffered other Copies to be made out of them to the adverse Party his Solicitor or Agent who have made use of them on all occasions as if authentick By reason of which said second Copies so surreptitiously made the Court may be misguided all which doings tend to the great abuse of the Court and prejudice of the Clients and their Causes as well as to the scandal of the said Office and the depriving the Officers of their due Fees And whereas