Six Clerk Decree or Dismission to be signed by the Six Clerk before it shall be presented by the Register to whom it belongeth of his proper Hand writing or by his Deputy in his absence To the intent the Decrees and Dismissions of this Court may be easily found upon search the Six Clerks are to keep a publick Book for the entring of all Decrees and Dimissions The Six Clerks to keep a publick Book for the enting of Decrees and Dismissions which have been made and signed by the Lord Chancellor since the 29th of May 1660. and which shall be made and so signed in this Court And to that end the Register shall at the beginning of every Term deliver unto one of the Six Clerks a List of all Decrees and Dismissions signed by the Lord Chancellor the Term and Vacation before If a Bill be regularly and justly dismissed of course or by Order for want of Prosecution no Motion shall be admitted for the Retainer thereof without a Certificate from the Defendant's Attorney in Court that the Costs of the Dismission are paid No Motion shall be for the Retainer of a Bill dismissed without a Certificate that the Costs are paid to the end unnecessary Charge to the Parties by several Motions for one and the same Matter may henceforth be avoided Masters THat the Masters do not pass any Exemplifications of Depositions How the Master iâ— to pass Exemplifications of Depositions taken in Chancery upon a bare sight of the Copies only without first calling the Officer or Officers who have the Custody of the Records or Originals of such Copies or some sworn Clerk of his or their Office who are to produce the same before them to warrant their signing thereof The Masters are not upon the Importunity of Counsel how eminent soever or their Clients to return special Certificates to the Court The Masters not to return special Certificates to the Court unless required by the Court. unless they are required by the Court so to do or that their own Judgment in respect of difficulty leadeth them to it such kind of Certificates for the most part occasioning a needless trouble rather than ease to the Court and certain expence to the Suitor Their Certificates and Reports are to be drawn How Certificates and Reports of the Masters are to be drawn as succinctly as may be reserving the Matter clearly for the Judgment of the Court and wiâ—hout recital of the several points of the Orders of Reference which do sufficiently appear by the Orders themselves or the several Debates of Councel before them unless that in case where they are doubtful they shortly represent to the Court the reasons which induce them so to be The Masters of the Court are to take notice That when the Court requires to be satisfied from them touching any Matter alledged to be confessed or set forth in the Defendants Answer How the Master is to satisfie the Court touching the Defeâ—dants Answer It is intended That without farther Order they should take consideration of the whole Answer or Answers of the Defendants and certifie not only whether the Matter be so confessed or set forth but also any other Matter avoiding that Confession or ballancing the same that the Court may receive a clear and true Information The Masters in taking Affidavits How the Masters are to take Affidavits and administring of Oaths in Cases duly presented unto them are to be circumspect and wary that the same be reverently and knowingly given and taken and are therefore to administer the same themselves to the party and where they discern him rash or ignorant to give some conscionable admonition of his duty and be sure he understand the Matter contained in his Affidavit and read the sâ—me over or hear it read in his presence and subscribe his Name or Mark thereunto before the same be certified by the Master who is not to receive or certifie any Affidavit unless the same be fair and legibly written without blotting or interlineation of any word of substance In all Matters referred to the Masters of the Court their Certificate not being to ground a Decree if it be positive is to stand and process may be â—aken out The Masters Certifiâ—ate not beiâ—g to grouâ—d a Decâ—ee iâ— it be positive iâ— to â—â—and and Pâ—â—cess may be â—aken out upon it to inforce pâ—rformance thereof without farther Motion unless the adverse Party upon notice given to his Attorney or Clerk in Court that such Repoâ—t is filed against him shall within eight days after such notice if it be given in Term or whilst the general Seals for Motion are held or within four days of the next Term if it be given after obtain some Order in Court to controll or suspend the same and in case of an insufficient Answer certified by the Masters the Plaintiff may immediately take out Process against the Defendant for his Costs and to make a better Answer as hath been formerly used Where after Certificate or Report made by the Masters of the Court either Party shall appeal from the same to the Judgment of the Court he shall first file his Exceptions thereunto briefly with the Register and deposite with him 40 s. Exceptions to the Masteâ—s Repoâ—ts he thâ—t files the Exceptions to deposite 40 s. to be paid to the other Party for the Costs if he prevail not in such Appeal And then the Register shall enter such Causes of Appeal in a Paper in order as they are brought unto him to be determined by the Court in course upon days of Motion and notice thereof to be given by the Party appealing to the Clerk of the other side And also the Registers Paper to be set up in the Office two days before And if the Court shall not alter the Mâ—sters Report then the 40 s. deposited to be paid to the Party defending the same with such Increase as the Court shall find cause to impose otherwise to be restored to the Party appealing and both without Charge The Masters extraordinary shall not within twenty Miles of London take any Affidavit or acknowledgment of Deeds Masters extraordinary not to take Affidavits or acknowledge Deeds within 20 miles of London or Recognizances or do any other Act incident to the place of Master of the Chancery And to the end it may appear whether any Master extraordinary shall notwithstanding presume so to do every such Master shall express the Name of the Town and Country where he shall take any Affidavit or the acknowledgment of any Deed or Recognizance otherwise the same shall not be held authentical nor omitted to be filed or inrolled Cursitor WHereas there is an irregular practice lately introduced of making forth Original Writs of Clausum fregit in Trespass without any other Cause of Action therein expressed of Returns past when in truth the proper Cause of Action is either Debt Case Ejectment or some other Cause of
Mony for him and shall renew the Commission at his own Charges When a Commission is awarded to examin Witnesses and the one side produceth and examineth all his Witnesses and the other side doth not but prays a new Commission if it be granted he shall bear all the Charges If the other side examines no Witnesses but prays a new Commission he shall bear all Charges of the renewed Commission both in Court and in the Country as well for the Charge and Entertainment of his own Commissioners as of the Commissioners on the other side and the other side shall be permitted to cross-examin the Witnesses produced by him that reneweth the Commission but if he will examin any other Witnesses of his own then he shall bear his own part of the Charge the Charges herein mentioned to be ascertained by the Oath of the Party or of him that disbursed the Mony for him He at whose instance a Commission to examin Witnesses after a former Commission executed and returned Upon a renewed Commission all the Witnesses are to be examined is once renewed and he by whose default or by default of his Commissioners a former Commission was not executed and thereupon it is renewed shall at his peril examin all his Witnesses by that renewed Commission or examin them in Court by the end of the Term wherein that renewed Commission is returnable without any more or farther delay That no Commission ad examinandum Testes be executed in London or within ten miles thereof No Commission ad examinand ' in London or within 10 miles without special Order first obtained upon Affidavit made of the Parties Inability to travel or other good Matter And that all Depositions taken by Commission in London or within ten miles thereof without special Order as aforesaid shall stand superseded and suppressed ipso facto and not allowed to be read as Evidence at the hearing of the Cause And the Parties who shall cause the same to be executed shall suffer such punishment for their Contempt and Irregularity as the Court shall think fit Depositions WHere either the Party Plaintiff or Defendant obtaineth an Order to use Depositions of Witnesses taken in another Cause Order to use Depositions taken in another Cause the adverse Party may likewise use the same without Motion unless he be upon special reason shewed to the Court by that Party first desiring the same inhibited by the same Order so to do No Motion shall be made in Court or by Petition for suppressing of Depositions How and when Motion or Petition shall be for suppressing of Depositions as irregularly taken until the Six Clerks not towards the Cause have been first attended with the Complaint of the Party grieved and certifie the true state of the Fact to the Court with their Opinion If the Attornies or Clerks on either side shall not for the case of their Clients agree before them for which purpose a Rule for Attendance of the Six Clerk in such Case shall be entred of course with the Register at the desire of the Party complaining which shall warrant their Proceedings and Certificate to the Court. Causes to be set down for hearing THe Six Clerks who are the only Attornies in this Court ought to inform themselves continually of the State and Proceedings of their Clients Causes and to give Account to the Clerk as the Attornies in all other Courts do and not to leave the Care and Knowledge thereof upon their Under-Clerks who attend not in Court and the Clients and such as follow their Causes are to acquaint their Attornies for that purpose Such as desire to have their Causes set down for hearing How and when Causes are to be set down for hearing must repair to the Six Clerk that is Attorney in the Cause at least six days before the end of the Term that the Six Clerk may inform himself of the state of the Cause of the long or short dependance thereof in Court of the Antiquity of the Publication of the weight or value of the Cause and all other circumstances material to inform the Lord Chancellor Lord Keeper or Master of the Rolls at the time of the setting down of Causes and the Six Clerk may not refuse to offer the same to be set down if he be attended in such time as aforesaid nor come unprepared to inform the Lord Chancellor Lord Keeper or the Master of the Rolls of the Nature and Circumstance of the Cause aforesaid And neither he nor any of his Under-Clerks To be set down without Fee nor any of the Registers are to take any Fee Gratuity or Reward for the same No Mony or other Reward shall in any wise be exacted or taken directly by any of the Six Clerks or any of the Registers for or in their behalf for the preferring and setting down of any Cause for hearing but only such Fees as are behind and unpaid of their Termly Fees and Duties if any be and if any Cause happen to be set down for hearing wherein they shall not have been satisfied their due Fees and Duties they may alledge the same in stay of hearing of the Cause Proceedings in hearing Causes WHere no Councel appears for the Defendant at the hearing and Process appear to have been duly served the Answer of such Defendant shall be read At the hearing if no Counsel appear for the Defendant his Answer shall be read and to proceed afterwards and if the Court upon such hearing shall find Cause to decree for the Plaintiff yet a day shall regularly be given to the Defendant to shew Cause against the same but before he be admitted thereunto he shall pay down to the Plaintiff or his Attorney in Court such Costs as the Court upon that hearing shall assess and the Order is to be penned by the Register accordingly viz. It is decreed so and so c. Unless the Defendant shall by such a day pay to the Plaintiff or his Attorney in Court Costs and shew good Cause to the contrary and such Defendant upon his shewing Cause shall first produce a Certificate from the Plaintiffs Attorney in Court that he hath paid the Costs or Affidavit of Tender or Refusal thereof Contempts ALl Process of Contempt shall be made out into the County where the Party prosecuted is resident All Process of Contempt to be made into the County where the Party is resident unless he shall be then in or about London in which Case it may be made in the County where the Party then is And if any person shall be taken upon Process otherwise or irregularly issued the Party so taken first appearing unto and satisfying the Process which did regularly issue against him shall be discharged of his Contempt and have his full Costs to be taxed of course by the Six Clerk not towards the Cause for such undue or irregular Prosecution from the time that the Error first grew without Motion or
other Order Every Suitor who prosecuteh a Contempt shall do his best endeavour to procure each several Process to be duly served Each Process to be duly served and executed upon the Party prosecuted and his wilful default therein appearing to the Court such person offending shall pay unto the Party grieved good Costs and lose the benefit of the Process returned without such Endeavour All Attachments in Process shall be discharged upon the Defendants payment or tender to the Plaintiffs Clerk and refusal of the ordinary Costs of the Court and filing his Plea Upon Motion or Petition all Attachments in Process shall be discharged upon the Defendants payment of Costs and filing his Plea c. Answer or Demurrer as the Case regularly requires but yet upon Motion in Court or Petition in that behalf And if after such Conformity and Payment of the Costs or tender and refusal thereof any farther Prosecution shall be had of the said Contempt the Party prosecuted shall be discharged with his Costs If after Appearance and Interrogatories exhibited as aforesaid the Party appearing shall depart before he be examined The penalty of one appearing and after exhibiting of Interrogaties if he depart before he be examined without leave of the Court he is upon Motion and Certificate from the Register of such his departing and not being examined and of the Interrogatories exhibited from the Examiner to stand committed without farther day given unto him and is not to be discharged from such his Contempt until he hath been examined and cleared of his Contempt And if he shall upon his Examinations or by Proofs be found in Contempt he shall clear such his Contempt and pay the Prosecutor his Costs before he be discharged of his Imprisonment And although he be cleared of his said Contempt yet he shall have no Costs in respect of his Disobedience in not being examined without the Prosecutors Trouble and Charge in moving the Court as aforesaid In case of Prosecution of a Contempt for Breach of an Order of Court Interrogatories how far to extend or not or otherwise grounded upon an Affidavit the Interrogatories shall not be extended to any other Matter than what is comprehended in the said Affidavit or Order And if any other shall be exhibited the Party examined may for that reason demur unto them or refuse to answer them When the Party prosecuted upon a Contempt hath denied it or the same doth not clearly appear by his Examinations the Prosecutor may take out a Commission of course to prove the Contempt Commission to prove the Contempt and in such case the Party prosecuted may name one Commissioner to be present at the Execution of the Commission and may henceforth notwithstanding the former usage to the contrary cross examin the Witnesses produced against him to prove the Contempt but is not to examin any Witnesses on his part unless he shall satisfie the Court touching some Matter of Fact necessary to be proved for clearing the truth In which Case the Court if there be cause will give leave to him to examin Witnesses to such particular Points set down and the other side may cross examin such Witnesses but the Interrogatories on both sides are to be included in the Commission The Interrogatories to be included in the Commission Where a Contempt is prosecuted against one who by reason of Age Sickness or other Cause is not able to travel Or in case the same be against many persons who are Servants or Workmen that live far off the Court will upon Motion and Affidavit thereof grant a Commission to examin them in the Country which Commission shall be sued out and executed at the Charge of the person or persons desiring it directed to such indifferent Commissioners as the Prosecutors of the Contempt shall name as in other Cases and one Commissioner only at the nomination of the Party prosecuted as aforesaid Which Commission shall be executed at such convenient time and place as the Six Clerks not towards the Cause upon hearing the Clerks upon both sides shall set down Upon every Examination and Proof of a Contempt referred to any of the Masters of the Court to certifie whether the Contempt be confessed or proved or not The Master in his Certificate thereof made to the Court shall likewise assess and certifie the Costs The Master in his Certificate of the Contempt shall assess Costs to either Party as there shall be cause without other Order or Motion made for that purpose Commitment THe Court being tender of the Liberty of mens persons and to avoid their Imprisonment upon malicious Affidavits which are often made by a mean and ignorant person and which hath heretofore by the course of the Court drawn on a Commitment doth order That from henceforth where Oath shall be made of Misdemeanor in beating or abusing the Party upon suing the Process or Orders of the Court The Party abusing or beating him who serves the Process shall stand committed upon Motion the Party offending shall stand committed upon Motion and no Examination is in that Case to be admitted And when Affidavit shall be made by two persons of scandalous or contemptuous Words against the Court So of contemptuous Words against the Court. or the Process thereof the Party offending shall likewise stand committed upon Motion without any farther Examination And a single Affidavit in such case shall be sufficient to ground an Attachment whereupon such person shall be brought in to be examined and if the Misdemeanor shall be confessed or proved against him he shall stand committed until he satisfie the Court touching his said Misdemeanor and pay the Prosecutor his Costs And if he shall not be thereof found guilty save by the Oath of the Party who made such Affidavit he shall be discharged but without any Costs in respect of the Oath made against him as aforesaid Decrees and Dismissions THat all Decrees and Dismissions pronounced upon hearing the Cause in this Court be drawn up signed and inrolled before the first day after the next Michaelmas or Easter Term after the same shall be so pronounced respectively and not at any time after without special leave of the Court. When the Party is committed or brought in by a Serjeant at Arms for Breach of a Decree he is not to be enlarged until he hath performed the Decree in all things that are to be presently done and given Security A Party committed for breach of a Decree not to be enlarged till he hath performed it or given Security by Recognizance with Sureties as the Court shall order to perform the other parts of the Decree if any be to be performed at future days and times appointed by the Decree No Decree or Dismission shall be presented by the Register of this Court or his Deputy or any other to the Lord Chancellor Lord Keeper or Master of the Rolls to be signed before it be singned by that
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
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
being served with a Subpoena to Rejoyn or appearing Gratis to rejoyn and join in Commission shall not deliver Commissioners Names to the Plaintiffs Attorney by the end of that Term and strike Names within four days after the end of that Term Time for Defendants to join in Commission the Plaintiff may take a Commission ex parte XXII Execution of Commissions to examine Witnesses WHen a Commission is taken out if through the default of the party having the carriage of the same or of his Commissioners the same be not executed he shall pay unto the other party such reasonable Costs as he or his Solicitor shall upon Oath make appear he was put unto by such failure and shall renew such Commission at his own charge wherein the adverse party may join and Cross examine such Witnesses if he think fit but if he examine any Witnesses of his own then he is to pay the Half Fee of the Commission and the adverse party may also have a Duplicate of such Commission and if the party taking out of such renewed Commission do not give notice to execute his Commission eight days before the Retorn thereof Commission to be eight days before retorn'd that then the adverse party upon four days notice may execute his Commission and no second Commission to be awarded without Motion in Court XXIII Renewed Commissions to be Executed IF at the instance of a Defendant a Commission to examine Witnesses is ordered to be renewed either for a default by him or his Commissioners or because he did not examine all his Witnesses by the first Commission he shall at his peril examine all his Witnesses by such renewed Commission or in Court by the Retorn thereof and no more Commissions to issue except it be for the examination of Witnesses beyond the Seas or by further order of Court No more Commissions except for Witnesses beyond Sea or order of Court And that no Witnesses shall be examined at the hearing of any Cause viva voce without special Order of this Court made before the Hearing of the Cause XXIV No Commission in London THat no Commission ad examinandum Testes be exhibited in London or within ten miles thereof without special Order first obtained upon Affidavit made of the Parties inability to travel or other good matter And that all Depositions taken by Commission in London or within ten miles thereof without special Order as aforesaid shall stand superseded and suppressed ipso facto and not allowed to be read in Evidence at the hearing of the Cause and after Interrogatories are exhibited of either side neither Party shall add to or alter the same without leave of the Court. No Interrogatories added without leave of the Court. XXV Publication PUblication to pass within one Week after every Commission retorned or the Witnesses examined in Court if no Cause be shewed to the contrary and where a Rule for Publication shall be given there not being not a Week A Week in Term day shall be given to shew Cause to the contrary at the setting down of Causes Or setting down of Causes XXVI Vse of Depositions of Witnesses DEpositions of Witnesses in several Causes which are meerly Cross Causes that is to say between the same Parties and touching the same Matter may be used at the hearing of both Causes coming to hearing together without any Motion or Order in that behalf XXVII Setting down of Causes in London or within sixty Miles in Easter or Michaelma Term. NO Causes shall be put into the General Bill of Causes to be set down to be heard till Publication is past except it be by special Order of Court and when Publication is past the Cause to be set down for the Term following except in Cases where the Parties live in London or within sixty Miles thereof wherein if a Replication be filed in Trinity or Hillary Terms and Publication do pass the first Week of Michaelmas or Easter Terms following If Publication past the first Week in Term. such Cause may be set down to be heard the last day of Causes of such Michaelmas or Easter Terms XXVIII Subpoena ' to hear Judgment SVbpoena's to hear Judgment shall be served in London or within sixty miles of the City of London ten days London 10 days before the day of hearing of the said Cause and in more remote places fourteen days Remote 14 days before such day of hearing except in Trinity Term Defendant 10 days and then the Defendants inhabiting in the more remote Parts to have but ten days notice XXIX Hearings IF the Defendant shall be served to hear Judgment and make Default and hath day given him to shew Cause why a Decree should not be made against him such Defendant or his Counsel shall not be heard therein till he first pay down to the Plaintiff or his Attorney in Court 5 l. Costs 5 l. Cost if the Defendant attend not and in case the Defendant doth attend the Hearing being duly served and that appear to the Court and if the Plaintiff doth not attend the Cause to be put out of the Paper and the Plaintiff to pay to the Defendant 5 l. Costs Plaintiff to pay 5 l. before heard and the Defendant may set down the Cause to be heard the next Term ad requisitionem Defend ' the Plaintiff to pay the said 5 l. Costs before his Counsel be heard XXX Rules on Hearing on Motions THat the Judgment pronounced on every Hearing and the Rule given on every Motion shall be truly taken and fairly written by His Majesty's Remembrancer Minutes or his Deputy and openly read before another Cause or Motion be begun to the end if the same be mistaken it may be rectified by the Court. XXXI Entries of Decrees and Dismissions ANd every Decree or Order of Dismissions made by the Court that is not entred some time before the last day of the next Term Next Term. after the pronouncing thereof shall not be entred but upon Motion in open Court XXXII Decrees and Orders EVery Order and Decree to be drawn up as short Short as with conveniency they can be without reciting the former Orders and Pleadings at large XXXIII Bills of Review WHere a Bill of Review shall be brought the Plaintiff in such Bill shall pay the Costs taxed or due in the former Cause and enter into a Recognizance Pay Costs and enter into a Recognizance of such Penalty as the Court shall appoint to perform the same in case the same shall be affirmed and to pay such further Costs as this Court shall direct otherwise the Defendant not to be enforced to give any Answer to such Bill or incur any Contempts No Contempts for his neglect therein XXXIV Proceedings upon Bills to Examine Witnesses in perpetuam rei memoriam WHere a Bill shall be exhibited to examine Witnesses in perpetuam rei memoriam and the Defendant being served with Process doth
Some Law-Books lately Printed for J. Walthoe CAses in Chancery Folo price 12 s. Daltons Country Justice with large Additions Fol. 14 s. The Practice of all the Courts at Westminster Octavo 5 s. A View of all the Penal Laws concerning Trade to April 1697. 12o. 3 s. The Method of Pleading by Rule and President c. 8o. 5 s. Tryals per Pais 8o. 5 s. The Compleat Sheriff with the Office of a Coroner 8o. 5 s. The Table of Fees of all the Courts at Westminster as they were delivered in Parliament 8o. 1 s. 6 d. The Modern Conveyancer or Conveyancing Improved the Second Edition with Additions 8o. 5 s. The Law of Obligations and Conditions 8o. 5 s. Blunts Law Dictionary Fol. 10 s. All the Pleadings and Arguments upon the Quâ— Warrantâ— against the City of London Fol. 6 s. Ordines Cancellariae BEING ORDERS OF THE HIGH COURT OF CHANCERY FROM THE First Year of King Charles I. To this present Hillary Term 1697. EXAMINED By the ORIGINAL ORDERS To which is added the RULES and ORDERS Of the COURT of EXCHEQUER LONDON Printed by the Assigns of Rich. and Edw. Atkins Esquires for I. Walthoe and are to be sold at his Shop in the Middle-Temple Cloysters 1698. A TABLE OF THE Names of the Orders A. ACcounts 201 Affidavits 15 91 207 Amending Letters Patents 20 Answer 55 121 192 An Act for ascertaining the Fees of the Masters in Chancery 95 Attachments 54 B. BBankrupts 198 Bill 55 80 113 C. CAuses to be set down for hearing 135 196 Clerks of the Inrolment 40 Commissions for examining of Witnesses 11 Commissions 55 132 Contempts 141 Common Rules 54 Costs 80 Contempts 13 137 187 Cursitor 146 D. DDecrees made with the Assistance of the Judges 48 Decrees 56. 142 213 Demurrers 62 117 Depositions 55 73 134 247 Differences between the Six Clerks and Examiners 26 Division of Business of the Six Clerks Office according to the Letters of the Alphabet 36 107 157 Dismissions 55 56 E. EXaminers 3 64 73 Examiner suspended 215 Examination of Witnesses 38 72 125 154 204 Exceptions 123 209 175 234 236 239 Examiners Clerks not to practise as Solicitors 254 F. FEes 44 Fees of Affidavit Office 33 Filing of Affidavits 58 Filing Bills 77 83 86 Filing Exceptions 197 Filing Reports and Certificates 237 H. HEaring Causes 30 210 232 I. IDeots 70 Imposition on Law Proceedings 176 178 Injunctions 55 56 Joint Commissions 56 Inrolments of Patents 101 Interrogatories 216 L. LVnaticks 70 M. MAster 's in Chancery 70 144 Motions 65 Misdemeanors of the Young Clerks 221 240 244 Masters Clerks not to practise as Solicitors 254 N. NObility Answering 63 O. ORders on Petition 217 P. PAper Copies to contain 15 Lines 53 Plague 24 Paupers 151 Pauper Writs 173 Petitions 49 151 Persons committed to the Fleet for imbezling Records 51 Pleadings 55 Pleas 62 117 Priviledge 6 31 Privy Seals 55 Prisoners 61 Priviledge Writs 100 173 Proceeding in hearing Causes 136 Private Order 231 240 Q. QVakers 189 R. REferences 256 References of Insufficient Answers 5 Registers Office 87 88 Register 54 Registring Affidavits 8 Records 60 66 68 78 79 90 194 211 Recognizances 183 Rehearing 208 233 Renewed Writs 173 Regulating the Vnder-Clerks 222 S. SIx Clerks 61 81 205 244 Serjeant at Arms 205 251 Solicitors 205 Solicitor Committed for an Assault 188 Subpoena Office 85 Subpoena's 45 106 115 Subpoena ad audiendum Judicium 1 46 53 Subpoena ad Rejungendum 54 Surrender of one of the Six Clerks to the Master of the Rolls 219 T. TRansferring of Records 42 U. UNder-Clerk allowed Parchment 23 Vnder Clerks 171 244 Vnder-Clerks Fees 161 Vsher of the Court 158 W. WArrants 55 Writs in Forma Pauperis 100 A List of the Lord Chancellors Lord Keepers and Lords Commissioners of the Great Seal of England from the First Year of King Charles the First to the Ninth Year of the Reign of King William the Third SIR Thomas Coventry was made Lord Keeper of the Great Seal Nov. 1. in the First Year of the Reign of King Charles the First 1625. Sir John Finch was made Lord Keeper the 23th of Jan. 13 Car. 1. 1639. Sir Edward Littleton Knight made Lord Keeper the 23th of Jan. 16 Car. 1. 1640. Sir Richard Lane Knight made Lord Keeper the 30th of Aug. 25 Car. 1. 1649. Sir Edward Hide Knight made Lord Chancellor of England the 29th of Jan. 12 Car. 2. 1660. Sir Orlando Bridgman Knight made Lord Keeper the 30th of Aug. 19 Car. 2. 1667. Anthony Lord Ashly Earl of Shaftsbury Constituted Lord Chancellor of England the 17th of Nov. 24 Car. 2. 1672. Sir Henage Finch Knight made Lord Keeper the 19th of Nov. 25 Car. 2. 1673. Sir Francis North Knight made Lord Keeper the 22th of Decemb. 34 Car. 2. 1681. Sir George Jefferies Knight Constituted Lord Chancellor of England the 28th of Septemb. 1 James 2. 1685. Sir John Maynard Sir Anthony Keck and Sir William Rawlinson made Commissioners of the Great Seal in Hillary Vacation the First of King William and Queen Mary 1689. Sir John Summers made Lord Keeper in Hillary Vacation the Fourth of King William and Queen Mary 1692. And Constituted Lord High Chancellor of England the 23th of April the Seventh of King William 1695. ORDO CVRIAE OR ORDERS OF THE Court of Chancery From the First Year of King Charles the I. to Hillary-Term 1698. Veneris 30 die Junii Anno Regni Caroli Regis primo 1625. Concerning Subpoena's Ad audiendum Judicium Ordo Curiae WHEREAS the Right Honourable the Lord Keeper being informed of sundry Abuses Vide postea in the untimely and disorderly setting down of the Causes of Hearing in this Court and the obtaining of Subpoena's Ad audiendum Judicium thereupon whereby ancient Causes were stopt back from hearing and other Causes thrust in to the prejudice of the other Clyents and scandal to the Court the six Clerk towards the said Causes never being made acquainted therewith For reformation whereof the then Lord Keeper did Order and Require That hereafter it should be carefully observed that no Subpoena should be made Ad audiendum Judicium for any Cause of hearing whatsoever before the Clerk that makes the same Writ have a Note under the Hand of the six Clerk that is Attorny and under the Hand of the Register and in their absence under the Hand of their sufficient known Deputies to warrant the same No Subpoena's to be made Ad audiendum judicium before the Clerk that makes the same Writ have a Note under the Hand of the six Clerk and of the Register to warrant the same And if any such Clerk should after presume to offend therein then the said Clerk was to stand committed for his wilful contempt Forasmuch as the Right Honourable the Lord Keeper was this day informed by the said six Clerk that of late the said Order had been neglected in divers Subpoenas Ad audiendum judicium which had been made without any such notice
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
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
to any thing which may be said for or against the said Division by Alphabet that for and during the Vacancy of a sworn Officer in Mr. Cesar's said place Francis Heath who was Deputy under Mr. Caesar when he lived and is still a Clerk in the said Office shall and may in and for the said Office and according to the Division aforesaid Sign and File all Bills Answers and other Pleadings and Sign all Copies Decrees and Dismissions and Certificates and in his own name during the said Vacancy shall give receive and enter all kind of usual Rules and Bills of Costs and pass all Writs and regular Orders and dispatch all other business and proceedings which shall happen or ought to be done within or for the said Office according to the Division aforesaid and receive the due Fees for the same several services in such manner and form as the said Master Caesar himself should might or ought to have done if he had lived and that all such business and proceedings being by the said Francis Heath so done and expedited as aforesaid shall stand and be firm to all intents and purposes as if the same had been done by Mr. Caesar himself living or by any Officer sworn in his said place since his decease Provided that this Temporary and Provisional Order be not in any thing prejudicial to any benefit profit or power of the Mr. of the Rolls but be used only for the necessary dispatch of the Subjects business until a more setled course may be taken therein Tho. Coventry Dud. Diggs Martis 7 die Novembris Anno Regni Caroli Regis 13. Inter Hugonem ap Richard Lewis al' quer ' William Owen al' Defendants 1637. Touching Examination of Witnesses Ordo Curiae WHereas in this cause some Questions did arise touching the couâ—se of the Court whether any new Interrogatories might be exhibited to new Witnesses in Court after a joint Commission executed in the Cause and the Master of the Rolls having heard what the Six Clerks and Examiners could say touching the same And the Six Clerks affirming that by the course of the Court no new Interrogatories may be exhibited in Court after a joint Commission executed in the Country And the Examiners averring that it hath always been the constant course of the Court that new Interrogatories may be exhibited in course for the Examination of any new Witnesses as often as the Client had occasion till publication what Commissions so ever there had been in the cause and that the Right Honourable the Lord Keeper had so declared himself at the publishing of the late Ordinances when this very point was urged by the Six Clerks New Interrogatories may be exhibited into Court for Examination of new Witnesses at any time before publication tho there have been joint Commissions in the cause the Master of the Rolls did this day declare in Court that he hath perused the Orders of this Court and the late Ordinances made by the Right Honourable the Lord Keeper and doth not find any thing therein to restrain the Exhibition of new Interrogatories into Court at any time before publication for examination of new Witnesses And that he having had conference with the L. Keeper for his opinion therein his Lordship was clear of opinion that new Interrogatories may be exhibited into Court for Examination of new Witnesses at any time before publication although there have been joint Commissions formerly executed in the Cause and therefore this Court doth now declare the same to be the course of the Court herein and doth order that the Order of reference to Sir John Mitchill for suppressing such Depositions taken in this Cause be discharged and a Vacat entred thereupon Privil ' per Exam ' Lunae 18 die Junii Anno Regni Caroli Regis 14. 1638. Concerning the Clerks of the Inrollments Ordo Curiae WHereas by the Letters-Patents of Incorporation of the Clerks of Inrollments 16 Eliz. it was ordained for the prevention of many abuses that one of those Clerks or at least one of their Deputies should always attend the acknowledging vacating or cancelling of all Deeds and Recognizances which as appeareth by the Rules of the Court succeeding Chancellors have ordered as also that all Deeds and Recognizances should within few days after the acknowledgment be Inrolled and duly brought over to the Chappel of the Rolls forasmuch as after many Commandments and Intimations given by me for the performance thereof there is yet continually so great a neglect that no Clerk of the Inrollments nor any of their Deputies do at any time attend that service I have thought fit to order Clerks of the Inrollments or their Deputies to attend their Office and that Deeds and Recognizances be Inrolled within few days after the acknowledgment and do hereby order and require the Clerks of Inrollments to reform this Error and either cause their Deputies to wait more diligently or else to change them according to the power given them by those Letters-Patents and because the Records which heretofore were duly brought over to the Chappel of the Rolls once in six Months are now divers years detained in the hands of Under-clerks I do Order and require the Clerks of the Inrollments immediately to take order that all the Inrollments of 11 12 Car. or before be brought this ensuing long Vacation into the Chappel of the Rolls according to the ancient manner there to be Filed and Calendred for the service of his Majesty and the use of his Subjects Martis 9 die Junii Anno Regni Caroli Regis 14. 1638. Concerning Transferring of Records Ordo Curiae THE Master of the Rolls in the Examination of a Cause depending in this Court betwixt Matthew Brookesby Esq Plantiff and Tho. Mason Clerk and others Defendants having discovered some irregularities in the transferring of Records from one Attorney to another in the Six Clerks Office by the Under-clerks whereby divers inconveniencies and prejudices have and may hereafter come to the Client by miscarrying of the said Records and finding howsoever the same is now practised and permitted by the Six Clerks who when a Pleading is Filed with one of them do many times intrust the Under-clerk who is towards that Cause with the delivery thereof to the Attorney of the other side Whereas by the ancient course and practise the Attorney with whom the said Record is once Filed ought with his own hands or by the hands of his Filing Clerk to deliver the said Record to the hands of the Attorney of the other side or his Filing-Clerk without trusting any other therewith whereof the Master of the Rolls having certified the Right Honourable the Lord Keeper wishing a reformation might be had thereof his Lordship having taken the same into his grave consideration for the preventing and avoiding of any farther prejudice or mischief that may at any time hereafter come unto the Client by such Errors or miscarriages as aforesaid doth think fit and so
order that from henceforth the Attorney of this Court upon the Filing of any Pleadings or Record with them The Attorney of this Court upon the Filing of any pleadings or Records with him shall by himself or his Deputy transfer the same to the Attorny of the other side shall by himself or his Deputy transfer and deliver the same Pleadings or Record to the Attorney of the other side or his Deputy without trusting any other Clerk to do the same and to the end that those Errors and inconveniences may be prevented and avoided for the future which do and may arise by reason sometimes more Records and Pleadings are entred in the Attorneys Filing-Book than in the Tituling Book of the same Attorney It is thought fit Every Six Clerk after the end of every Term shall examine their Tituling Book by the Filing-Book and so ordered by his Lordship that every of the Six Clerks or their Deputies shall from henceforth after the end of every Term and before the beginning of the then next Term examin and compare the Tituling-Book by them kept and the Filing-Book kept for the same Office the one with the other and certifie the Errors and supply the defects and omissions which they shall find therein that both may be made perfect and agreeable the one with the other Ordo Curiae vel Ordo Regis pro Fees 1638. Concerning Fees Ordo Curiae IT is his Majesties pleasure that the Judges of all his Majesties Courts at Westminster Juries in all the Courts to enquire the Fees of the Courts that have occasion to Impannel Juries of the Officers and Clerks of the same Courts to enquire of matters concerning the same Courts shall Impannel such Juries this Term and enquire what Fees have been usually taken in such of his Majesties Courts of Justice by the several Officers of the same Courts for the space of thirty years last past upon Certificate whereof his Majesty will take such course for the setling of those Fees in the said several Courts as to his Wisdom shall seem meet and the Lord Keeper is not only to perform this his Majesties pleasure in the Court of Chancery but to signifie the sâ—me his Majesties pleasure to the Judges of the other Courts that they may perform the same this Term. The Oath of the Officers that are to enquire of Fees in the Court of Chancery YOU shall diligently enquire and true Presentment make of all such Fees and payments as now are and by the space of thirty years last past have been used to be taken by any Officer Minister or Clerk of this Court as belonging or claimed to belong to him or them by reason of his Office place or Clerkship and what Fees now taken or claimed have been begun inhansed increased or innovated within the space of thirty years and when and how long since and how the same were so begun innovated inhansed or increased Martis 23 die Junii Anno Regni Caroli Regis 16. 1640. Concerning Subpaena's Ordo Curiae THe Right Honourable the L. Keeper taking notice that Subpaena's retornable immediate have been lately granted upon Petition by the Master of the Rolls which is a thing proper to be granted by his Lordship No Clerk shall take out any Sâ—bpaena retorn immediate without Order of the Lord Keeper and not otherwise It is ordered that all the Clerks of this Court do hereby take notice that from henceforth they may not take forth any Subpaena retorn immediate without the special command of the Lord Keeper Veneris 26 die Junii Anno Regni Caroli Regis 16to 1640. Concerning Subpaena's ad audiendum Judicium Ordo Curiae WHereas several Lord Keepers of the Great Seal of England having been informed of sundry abuses in the untimely and disorderly setting down of Causes for hearing in this Court Vide supra 1. Order confirmed fol. 1. and the obtaining of Subpaena's ad audiendum Judicium thereupon whereby ancient Causes have been kept back from hearing and other Causes thrust in to the prejudice of other Clients and scandal to the Court the Six Clerks towards the Cause never being made acquainted therewith for Reformation whereof their Lordships upon sundry Complaints to them made have by several Orders of the 18th of Feb. 19 Jacob. Regis the 28th May 21 Jac. and the 30th June 1th Car. now perused by the Right Honourable the Lord Keeper that now is Ordered and required that hereafter it should be carefully observed that no Subpaena should be made ad audiendum Judicium for any Cause of hearing whatsoever before the Clerk that makes the same Writ have a Note under the hand of the Six Clerk that is Attorny in the Cause No Subpaena ad audiend ' Jud ' before the Clerk have a written Note under the hand of the Six Clerk and Register to warrant the same and under the hand of the Register and in their absence under the hand of their sufficient known Deputies to warrant the same and that if any such Clerk should presume to offend therein then the said Clerk so offending was to stand committed for such his contempt Now forasmuch as the Right Honourable the now Lord Keeper was this day informed by the Six Clerks of this Court that of late times the said Order hath been neglected and divers Subpaena's have been made without any such Note from them or their Deputies in contempt of the said Order Whereupon his Lordship minding as his Predecessors have done to have the said Order put in Execution in all points and the penalty aforesaid to be inflicted upon the offenders Doth now Order that the Clerks of the Subpaena-Office having notice hereof shall at their peril and under the penalty aforesaid observe and perform the aforesaid recited Order without putting the said Six Clerks to make further Complaints to his Lordship for breach thereof Jo. Finch C. S. Sabbati 23 die Januarii Anno Regni Caroli Regis 22. 1646. At the Rolls Master of the Rolls Sir Edward Low Concerning Decrees made with the Assistance of the Judges Ordo Curiae IT is ordered that all Injunctions Decrees and Dismissions hereafter to be granted or made by any of the Judges sitting in Chancery Injunctions Decrees and Dismissions made by any of the Judges sitting in Chancery to be Signed by them shall be first Signed by them or such of them as shall grant or make the same before the Order whereby the same shall be so granted or made shall be entred in the Register whereof all the Six Clerks and other Clerks of this Court are to take notice and carefully to observe the same and to enter the Orders before the same be Signed by the Commissioners Lunae 26 die Aprilis Anno Regni Caroli Regis 23. 1647. Concerning Petitions The Earl of Manchester Speaker Ordo Curiae THE Right Honourable the Commissioners for the Custody of the Great Seal of England taking into consideration the many complaints that have
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
Clerk towards the Cause or in his absence such his Deputy as aforesaid thereunto put nor any Depositions or Answers taken by Commission to be opened or Copied till they be truly returned and delivered to the Six Clerk himself out of whose Office the Commission issued No Deposition or Answer taken by Commission to be opened or Copied till they be truly retorned to the Six Clerk or in his absence to such his Deputy as aforesaid and until the Publication be duly passed in the Cause as hath been anciently used 6. No Bills Privy Seal Commission Decrees Dismission Injunctions or Record to be carried to be Ingrost Inrolled Copied c. by the under-Clerks at their Chambers and so soon as they are Ingrossed Copied or Inrolled then he shall bring the Original Bill to the Six Clerk No Bill Privy Seals Commissions Warrants or other Pleadings Commission Decrees Dismissions Injunctions or Records whatsoever shall from henceforth be carried to be Engrost Enrolled Copied or otherwise used by any of the under Clerks to their Chambers or else where out of the Six Clerks Office or Lodgings there and when and so soon as any Clerk shall have Ingrossed Inrolled Copied or used any such Warrants Pleadings Commissions Decrees Dismission or other Record in the said Office he shall bring the Original thereof presently back to his Master or to such of the Six Clerks to whom the custody of the same doth or shall belong for the more safe keeping or disposing thereof Within one Term any cause shall be determined by Decree or Dismission the same be delivered to the Six Clerk And it is further ordered that within one Term after any Cause shall be determined by Decree or Dismission every Clerk that shall have any Decree or Dismission or that shall have any other Record of or touching the Cause in his custody shall deliver the same to that Six Clerk to whom it shall belong to keep the same or to such his Deputy as aforesaid according to the Ancient Usage 7. No Decree Dismission Injunction c. shall be presented by the Register to be Signed without the Six Clerks hand Subscribed No Decree Dismission Injunction or other Writ shall be presented by the Register of this Court his Deputy or any other to the Lord Chancellor or Keeper or other Commissioners for the keeping of the Great Seal or Master of the Rolls for the time being to be Signed without the proper hand of the Six Clerk in the Cause or such his Deputy as aforesaid in his absence first Subscribed thereunto 8. In all Joint Commissions the Commissiers Names shall be enterd in a Book for that purpose to be kept by the Six Clerk That in all Joint Commissions to take Answers examine Witnesses prove Contempts and other special Commission directed by the Court the Name of the Commissioners agreed on shall be entred in a Book for that purpose to be kept by the Six Clerk himself who hath the carriage of the Commission and Subscribed unto by each Six Clerk in the Cause or in their absence by such their several respective Deputy or Deputies whereby no alteration may be had of the Commissioners Names agreed on but by Order and that the under Clerk presume not to agree upon the Commissioners Names after any other manner Lastly It is Ordered that these Orders be fairly written in several Tables and hung up in the Office every Term in the Court to the end that all Counsellers Clients Clerks and Sollicitors may the better take notice of them to observe them and that they be likewise entred with the Register of this Court Rec. 21. Jan. 23 Car. Intrac tunc E. Manchester C. S. William Lenthall C. S. William Lenthall Mag. Rot. Lords Commissioners Sabbati 26. die Maii Anno Regni Caroli Regis 25. 1649. Filing of Affidavits Ordo Curiae WHereas Mr. Attorney General did this day move on the behalf of Sheffield Stubbs Register of the Affidavits of this Court and produced several General Orders made by this Court concerning the Filing of Affidavits contrary to which Orders there have been several abuses committed in not Filing of Affidavits and therefore was prayed that a General Order might be made for the redress thereof It is Ordered that their Lordships be attended herein and put in mind thereof when other General Orders are made and then such Order shall be made as shall be fit Lunae 26 die Novembris Anno 1649. Concerning Injunctions Ordo Curiae WHereas heretofore the course of the High Court of Chancery hath been when the Defendant or Defâ—ndants pray a Dedimus Potestatem to answer in the Country upon motion made by the Plaintiff the Court did grant an Injunction to stay Suits at Law which motion many times was hard to be obtained and chargeable to the Client this Court for a remedy of the said inconveniency and for the ease of the Client doth order and declare that for the future whensoever the Defendant or Defendants shall pray a Dedimus Potestatem to take their Answer Plea or Demurrer in the Country that the Plaintiff Six Clerk Writ of Injunction of course upon a Dedim ' Pot ' to take Answer Plea or Demurrer without motion by the Plaintiff or such his under Clerk as he shall appoint shall without motion made to the Court prepare and draw a Docquet and Writ of Injunction of course unto which Docquet it is ordered by the Court that the Six Clerks that are Attornies in the Cause or their respective Deputies shall subscribe their Names and in which Writ the Cause of granting the said Injunction is to be exprest in the usual form which Docquet and Writ being so prepared shall be presented to be Signed as formerly And this Court doth further order that this Order shall be observed for a constant Rule in this Court by the Six Clerks and their under Clerks that the Client may have the benefit thereof and if any Injunction in such case do issue forth in any other manner than as before is exprest it shall be void and of no effect B. Whitlock C. S. R. Keble C. S. Jo. Lisle C. S. W. Lenthall C. S. Sabbati 8 die Decembris Anno 1649. Touching Records Ordo Curiae IT is this day Ordered by the Honourable the Master of the Rolls that the Records of this Court untill 5 Car. now remaining with the Six Clerks of this Court in the Office of the said Six Clerk Records to be transferred over to the Chappel of the Rolls be tranferred over to the Chappel of the Rolls to be safely kept there according to the usual course and all the Callender thereunto belonging that may be had between this and the beginning of next Term. And it is also Ordered that the Clerks of the Chappel of the Rolls do receive the said Records and give a Catalogue to the Six Clerks for a receipt of so many of the Records as shall be transferred over to their
hands by the time aforesaid William Lenthall C. S. Lunae 1. Aprilis Anno 1650. Concerning Prisoners Ordo Curiae IT is this day Ordered by the Right Honourable the Lords Commissioners for the custody of the Great Seal of England that such Prisoners now in the Custody of the Warden of the Fleet Prisoners in the Fleet not worth 5 l. to have their Liberties by Habeas Corpus who have made Affidavits according to the late Act of Parliament for Prisoners that are not worth 5 l. shall have their Liberty by their Habeas Corpus upon their own Security to be given to the Warden of the Fleet. Veneris 21 die Junii 1650. Touching the Six Clerks Ordo Curiae WHereas only Mr. Hales one of the Six Clerks of this Court gave his Attendance this Morning sitting the Court at the entring into the hearing of the Cause wherein Kitchen is Plaintiff against Meredith Defendant Fine on a Six Clerk for not attending at an Hearing and the rest of the Six Clerks made default It is therefore this present day Ordered that such of the Six Clerks who so made default of their attendance and service to this Court at the beginning of that Cause be fined 10 s. a-piece to the Poor and the Usher of this Court is to receive the same to the use aforesaid Lunae 17 die Febr ' Anno 1650. Pleas and Demurrers Ordo Curiae THe Right Honourable the Lords Commissioners for the Custody of the Great Seal of England taking notice of many inconveniences by the entring Demurrers in the Paper after the same is set up in the Registers Office Plea and Demurrer to be put into the Paper at least two days before the hearing such Plea or Demurrer and after such Paper put in the Registers Office no alteration to be made therein whereby the other Side is many times surprized do think fit and order That from henceforth the Registers do not enter any Plea or Demurrer in the Paper at the instance of any person or Warrant for setting down the same on any certain day unless the Suitor shall bring such Order or Warrant to the Register to be so entred at least two days before the day appointed for hearing such Demurrers or Plea and that after such Paper made and set up in the Registers Office no addition or alteration shall be made therein Jovis 31. die Decembris Anno Regni Car ' Regis 16. 1640. The Nobility Answering Ordo Parl ' ORdered upon the Question Nemine Contradicente That the Nobility of this Kingdom and Lords of the Upper House of Parliament are of Ancient Right to answer in all Courts as Defendants Peers of the Realm to answer in all Courts upon Protestation of Honour only upon protestation of Honour only and not upon the Common Oath and that the said Order and this Explanation doth extend to all Answers and Examinations upon Entries in all Causes as well Criminal as Civil and in all Courts and Commissions whatsoever and also to the persons of the Widows and Dowagers of the Temporal Peers So the Widows and Dowagers of Temporal Peers of the Land and that the Lord Keeper of the Great Seal of England for the time being or the Speaker of the Lords House for the time being do forthwith give notice of it together with the explanation to all the Courts of Justice and the Judges Clerks and Registers of them by causing our former Order with this explanation to be recorded in all Courts and that all Orders Constitutions or Customs entred or practised to the contrary whensoever may be abolished and declared void and the Lord Keeper of the Great Seal for the time being or Commissioners of the Great Seal out of Parliament-time shall see all practice to the contrary hereafter to be punished with exemplary severities to deter others from the like attempts Jo. Browne Cleric ' Parl ' Lords Commissioners Wednesday the 15th of Octob. 1651. Concerning Examiners Ordo Curiae UPon motion this day made unto the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England by Mr. Rich and Mr. Raven on the behalf of the Examiners of this Court touching an abuse by some persons of late often committed in taking out and executing Commissions in and about London contrary to the General and Known Rules and Practice of this Court that no Commission shall be executed in London No Commission to be executed in London or w thin 20 miles thereof or within twenty miles thereof and several Orders of Court heretofore made in confirmation thereof their Lordships do appoint the Examiners to attend them with the Orders and Presidents of the Court in this Case and they will then be pleased to give such order for relief of this abuse as shall be just Lords Commissioners Fryday the 18th of June 1652. Concerning Motions Ordo Curiae WHereas heretofore Thursday in every Week in the Term-time was appointed by the Right Honourable the Lords Commissioners c. for the hearing of Motions and so observed for several Terms together to the great benefit of the Suitors but of late the said Custom hath been let fall without any Direction or Order from their Lordships and Causes appointed to be heard every day except the First and last through the whole Term. Their Lordships upon the motion of Mr. Chute do order that from henceforth Thursday in every week in the Term-time to be observed for motions only Thursday in every week in the Term-time unless when it happens to be the the second of the beginning or the last day save one of the end of the Term to be observed for hearing of Motions only and the Six Clerk as also the Secretary are to take notice thereof and not to tender or procure any Cause to be set down for hearing on that day Thursday the 16th of March 1653. An Order made by the Honourable William Lenthall Esq Master of the Rolls for the better ordering and safe-keeping the Records in the Six Clerk Offices FOr as much as there have been Complaints lately made to the Honourable the Master of the Rolls of divers Records lost or so mislaied in the Six Clerks Offices that they are not to be found which abuse and other mischiefs upon enquiry he finds to grow from the great neglect of due filing of Bills Answers and other Pleadings and carrying them out of the Office to be copied and lying scattered up and down the Offices in the Under-Clerks Seats His Honour taking consideration thereof and for redress for the future doth order and command all the Clerks in the said several Offices that they forthwith turn over all Bills Answers and Pleadings which they have in their several custodies or have delivered out to be copied and which ought to have been turned over and filed before this time to the end they may be all forthwith filed with the several Six Clerks for their safe custody And that all the
Clerks hereafter be more careful for the filing all Bills Answers and other Pleadings in due time and that no Clerk hereafter presume upon any pretences whatsoever to Copy any Bill Answer or other Pleadings before they be duly filed Bills Answers and Pleadings to be duly filed and no Copies to be taken thereof till they are filed No Record to be carried out of the Office to be filed and that the Client who delivers any Bill Answer or other Pleading to be so copied before the filing thereof shall be adjudged equally faulty as the other Clerk that shall so copy them And that no Clerk shall deliver any Record to be carried forth of the Offices to be copied And it is further ordered That if hereafter any disobedience by any of the Under-Clerks in that Office shall appear it is thereby ordered That the Six Clerks in whose Office the default shall be found shall forthwith present such default to the said Master and if the same be found true such Clerk or Clerks are hereby disabled to sit any more in that Office as an Under-Clerk or keep any Desk there and shall pay the full Damage and Costs that the party grieved whom it may concern shall be at by such default And it is further ordered That this Order be fixed up forthwith in the Office of the Six Clerks that every one may take notice thereof And his Honour doth further charge and command the Six Clerks that they respectively see these Orders from time to time duly observed as they will answer the contrary at their perils William Lenthall Order of the Master of the Rolls Thursday the 29th of June 1654. Concerning Records to be brought into the Chappel of the Rolls FOr as much as it appears to me and also upon several Complaints made to me and diligent enquiry thereupon that many inconveniences arise to the people of this Nation for that you the respective Officers under my charge do neglect to return and bring into the Chappel of the Rolls all Inrolments Inquisitions and Records in your several charges These are therefore to will and require you and every of you and I do hereby order you the several Clerks the Clerk of the Inrolments and the Clerk of the Petty-Bag to bring into the Chappel of the Rolls all such Inrolments Inquisitions and Records as have been usually brought into the Chappel of the Rolls Clerk of the Inrolments and of the Petty-Bag Inquisitions and Records to be brought into the Chappel of the Rolls and are not yet brought and are now in any of your respective Custodies together with the several and respective Callenders thereof fairly written and delivered to my self at or before the first day of August 1654. that thereby such use may be made of them as shall be for the most advantage and ease of the people and the preservation thereof more immediately under my view and if any of the said Officers shall neglect their duty herein such course shall be forthwith taken for their disobedience by sequestration of their several and respective Offices or otherwise as shall appertain to Justice and according to former Presidents in like cases And it is further ordered That this Order or a true Copy thereof be forthwith delivered to every one of the Officers aforesaid whom it may concern And also that this Order be forthwith fairly written and fixed in every Office that no excuse may be made for want of notice William Lenthall Monday the 23th of July 1655. Concerning Ideots and Lunaticks Ordo Curiae IT is this day ordered That no Order Affidavit or Certificate touching any Ideot Lunatick or Non Compos Mentis shall be made use of in this Court unless the same be filed with Mr. Shadwell the Clerk of the Custodies Order Affidavit or Certificate touching any Ideot Lunatick Non Compos Mentis to be filed with the Clerk of the Custodies within the space of five days inclusive next after the several and respective dates of such Orders Affidavits or Certificates N. F. C. S. J. L. C. S. Thursday the 9th of October 1656. Order on the behalf of the Masters of Chancery in Ordinary WHereas it appears by several Rules and Orders of this Court made by several Lord Chancellors and Lord Keepers that the Masters of the Chancery Extraordinary have been and are restrained from the exercising or doing any manner of Act as Masters of Chancery within the City of London or five miles compass thereof Masters Extraordinary not to act as Masters in Chancery in London or within five miles thereof and the Clerks and Officers of this Court are prohibited to receive or proceed upon any Acts done by the said Masters Extraordinary within the Compass aforesaid Upon consideration whereof had and upon hearing the Masters of Chancery in Ordinary It is this 9th day of October 1656. ordered by the Right Honourable the Lords Commissioners for the custody of the Great Seal of England that the said former Rules and Orders of Court do from henceforth stand revived and continue in force And to the end the same may be the better observed it is further ordered That from and after the 25th day of December next all Masters Extraordinary when they certifie any Answer Affidavit Deed or Recognizanc shall therewith also certifie as well the place where as the time when the same were sworn or acknowledged or in default of such Certificate of the place Masters in Chancery Extraordinary to certifie the time and place of taking any Answer Affidavit Deed or Recognizance or in case the same shall be sworn or acknowledged within London or five miles compass thereof such Affidavit Answer Deed or Recognizance shall not be admitted filed or inrolled without the special License of the Lords Commissioners or Master of the Rolls And that this Order be entred in the Register of this Court and Copies thereof set up and from time to time renewed and preserved for publick view in the Office of the Chief Register Chief Clerk of the Petty-Bag and Clerk of the Inrolments to the end that the said Master Extraordinary and the said Clerks and all Attorneys and other Officers of this Court may take notice and demean themselves accordingly and not otherwise Monday the 16th of February 1656. Of Examination of Witnesses Order of the Court. THe Right Honourable the Lords Commissioners for the Custody of the Great Seal of England taking into their serious Consideration the words of the late Ordinance for regulation touching the Execution of Commissions wherein it declared That after one Commission taken out by the Plaintiff The Plaintiff may take no more Commissions than one to examin Witnesses and not executed the Plaintiff shall be utterly debarred from exaamining any further Witnesses in his Cause Their Lordships are clear of Opinion that notwithstanding the literal sense of the said Regulation the Plaintiff in any Cause depending in this Court may have liberty to examin his Witnesses
in Court as he shall see cause Wednesday the 19th of May 1658. An Order of the Court made for preventing the abuses arising from making of Copies of Depositions by Copies taken from the Examiner FOrasmuch as Complaints have been often made by the Examiners and several Suitors of this Court of the great injury and prejudice that hath been done to them by Under-Clerks and Sollicitors making and writing out Copies from Copies of Depositions delivered by the Examiner out of his Office and selling the same to the Client Upon strict inquiry into and examination of the aforesaid complaint it hath appeared to the Right Honourable the Master of the Rolls as well by Certificates of the Masters of this Court to whom some of the said abuses have been referred as also by other good proof that after Copies of the Deposions have been taken from the Examiners the same Copies have been altered in divers places and material parts of some Depositions quite struck out by the party himself or his Agent who took the same from the Examiner and afterwards Copies thereof have been made and given or sold to the adverse party himself at mean rates and sometimes to his Clerk or Solicitor who hath delivered them to his Client and taken the Examiners full Fees for them and sometimes the Clerk or Solicitor when he hath had the Copies of Depositions given to him by his Client to breviate or keep for him hath privately written Copies thereof and hath extended the same to an unreasonable number of sheets more than those taken out of the Examiners Office and then by combination with the Clerk or Solicitor for the other Side without the knowledge of the Client who took out the said Copies or the Examiners have delivered the said wastfully written Copies to the adverse party pretending the same are true Copies taken out of the Examiners Office and have demanded and received of the Client the Examiners Fees for the same and shared the monies amongst themselves and do also use divers abuses and practices of like nature whereby Clients have been ruined in their Causes the Court wronged in their Judgment and the Examiner cousened of his due Fees who hath not only the fruits of his own labour unjustly swallowed up by Clerks and Solicitors for want of the delivery of such second Copies but doth also incur scandalous imputations by reason such surreptitious Copies are many times fasly made out of design to ruin the adverse party and are generally ill and loosly written being supposed by the party who paid for them and by all others who take notice thereof to be taken out of the Examiners Office some of which said abuses and foul practices have been formerly taken notice of and much endeavoured to be prevented and suppressed by this Honourable Court by imprisoning the Offender and other ways as by an Order of this Court dated the 8th of Febr. 1 Car. and another made between Locksmith Plaintiff against Creswell Defendant dated the 16th of May 10 Car. another between Allington Plaintiff against Dandy Defendant dated the 5th of July 13 Car. and divers other Orders appeareth Therefore the Right Honourable the Master of the Rolls taking the Premisses into his consideration doth think fit and order That if at any time hereafter it shall probably appear to the said Examiners or either of them The Examiner may take out Subpaena's against such as shall be suspected to deliver undue Copies of Depositions to the adverse Party or Solicitor for the examinations of such Offenders upon Interrogatories and against such persons as he conceives are able to prove such abuse before or after the hearing of any Cause that any such surreptitious Copy shall be made as aforesaid the Examiner who findeth himself aggrieved may if he will take out Subpena's against any two three or more such persons as he shall suspect to have a hand therein for examination of such misdores upon Interrogatories in that behalf to be exhibited before the other Examiner and first allowed of by a Master of this Court touching the point of Fraud and Abuses before mentioned as also against such persons whom he conceives to be able to prove the said Abuse in case it be denied and if upon consideration had of the Answers of the said parties suspected to the said interrogatories or proofs Vide supra Anno Regni Car. 1. primo it shall appear unto the said Master of this Court who allowed of the Articles and be by him certified that the said parties are faulty in all or any of the Abuses before mentioned or any of like nature that then every person so offending shall for such his misdemeanor be committed to the Prison of the Fleet from whence he shall not be discharged till he hath given satisfaction to the Examiner touching the same provided that if the parties drawn in question shall acquit themselves upon their Examination and the Examiner not be able to prove the same that then the Examiner who called them in by Process shall pay costs for unjust examination as the Court shall think fit Mr. Justice Windham Mr. Hobart Mr. Gyles Fryday the 25th of June 1658. Concerning Filing Bills Ordo Curiae UPon consideration had by the Right Honourable the Master of the Rolls of the many inconveniences and mischiefs that have and may arise by reason of the not duly filing of the Bills Answers and other Proceedings in Causes in this Court and for preventing the same for the future his Lordship doth order Certificates to be brought at the hearing that the Bills and Answers are duly filed and that the Books are duly signed That the Parties or their Clerk in Court shall bring a Certificate at the hearing of the Cause that the Bills and Answers are duly filed with the Six Clerk and that the Books are duly signed or else his Lordship will not proceed to the hearing of those Causes And in case default shall be made in bringing in such Certificate then the party in whose default it is shall pay very good costs in respect thereof Monday the 19th of July 1658. Concerning Records Ordo Curiae WHereas there have been divers complaints made to his Lordship that the Records in the Six Clerks Office are not duly brought over into the Chappel of the Rolls as in former times have been used to be done his Lordship doth hereby order and require That the Six Clerks do this ensuing Vacation bring over into the Petty Bag Office all the Patent Rolls and their Warrants with their Extracts of 1656. and before and that the Clerk of the Petty Bag do examin the Extracts with the Rolls and send the Extracts into the Exchequer and the Patent Rolls into the Chappel of the Rolls The Six Clerks to bring into the Petty Bag Office all the Patent Rolls and Extracts to be examined with the Rolls and send them into the Exchequer and the Patent Rolls into the Chappel of the Rolls with
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
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
of this Court and is kept from the Execution of the said Office by one Robert Sheires Esq who detains the Exhibitants Records and Writings belonging to the said Office whereby many of the Suitors of the Court are prejudiced and delayed in their Causes The Right Honourable the Lord Chancellor doth therefore order that the said Mr. Sheires Records to be delivered to a new Register at his peril doth forthwith upon sight hereof this night deliver the said Records and Writings to the said Mr. Strode Edâ— Hyde C. S. Sabbati 15 die Novembris Anno Regni Caroli secundi Regis 12. 1660. Concerning Affidavits Ordo Curiae WHereas the Right Honourable the Lord Chancellor of England and Master of the Rolls have upon due consideration had by their Honours of the present State of the Office of Registring Affidavits in this Honourable Court and the necessary use thereof for preventing the imbezelling 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 notwithstanding Special Orders of the Court heretofore made for 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 Vide supra 23. Jan. 27. the good of the Suitor and the righting of the Officer to give reformation thereunto It is therefore this present day ordered by their Honours That all Affidavits of this Court except those only which belong to the Supplicavit Office shall before the same be executed in Court All Affidavits except those that belong to the Supplicavit Office before they be read in Court shall be first filed and registred in the Affidavit Office and attested by a Copy thereof under the Officers hand or otherwise produced to ground any Order Writs Process or Proceedings of Court thereupon be brought into the said Office of Registring Affidavits and be there filed and registred And that this Order 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 be 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 Register not to sign any Order granted upon any Affidavit unless the Affidavit be first filed and registred And further it is ordered by their Honours that neither the Register of this Court his Clerks or Deputies shall or do at any time hereafter draw up sign or set his or their hand or hands unto any Order whatsoever granted upon any Affidavit unless the Affidavit be first filed and registred with the Register of the Affidavits and attestation brought and shewed to the said Register of this Court his Clerks or Deputies under the hand 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 fair and handsomly writ in one hand without blotting or interlining And in case any Affidavit shall escape the said Masters of this Court and pass so blotted and interlined under their or any of their hands it is further ordered That the Register of the Affidavits or his Deputy shall thereupon refuse the same and that afterwards no use shall be made thereof in any the proceedings of this Court. And it is further ordered by their Honours That all Affidavits taken or henceforth to be taken before any Master of the Court be brought unto the said Register of Affidavits or his Deputy for the time being to be there filed and registred in some due and convenient time To be filed and registred in â—ue and convenient time after the same be sworn unto and before use be made thereof in Court as well to prevent the vexation and trouble of His Majesty's Subjects in coming so often to enquire for such Affidavits before they come into the said Office as also that the parties against whom the Affidavits be made may have time by their Councel to inform the Court of any cause of Exception they may have to alledge against the same and that all the Clerks of the Court and Solicitors of Causes there shall by the end of Hillary Term now next following bring into the said Office all such Original Affidavits as shall remain in their hands and cause the same to be there duly filed and registred at their perils And to the End that none may have any excuse of being ignorant hereof it is lastly ordered That this Order being fairly written shall be set up in Tables and so shall remain in the several Offices of the Register the Six Clerks and of the said Affidavits E. H. C. Har. Grimstone Anno 13 Car. II. Reg. An Act for ascertaining and establishing of the Fees of the Masters of the Chancery in Ordinary WHereas the Office of the Masters in Chancery is of very ancient Institution and of necessary use and continual attendance for the dispatch of the business depending in that Court it appearing by ancient Records that the constitution of that Court was long before the Conquest much of the Duty Pains and Attendance whereof lieth on the said Masters and for that it conduceth much to the Administration of Justice that those who exercise places of Trust should have competent and certain rewards suitable to their pains and labour whereby they may have due maintenance to support the quality of their Places and that it is but fitting and necessary for the Subject to allow a moderate payment where they receive a proportionable advantage a Fee of four pence in times of that Antiquity being as much in value as two shillings now by reason whereof in process of time and the improved rate of all necessaries the present recompence of those ancient Offices is no way competent and proportionable to their pains and attendance which are likewise very much increased without any increase hitherto of what was so anciently allowed as aforesaid And for that it appears in all other Courts at Westminster there is twelve pence taken for every Affidavit and for that it hath been found inconvenient for Suitors to put in Answers or return Commissions in the private Studies of the Masters so that through the difficulty of finding such Answers and Commissions with what Master they were left or through the Masters absence at such time as they were called for it frequently happens the persons conceived to be in contempt are exposed to much trouble and charge thereby and for that it is more proper safe and satisfactory to the Subject in general that Affidavits Answers Recognizances and Acknowledgments of Deeds shall be dispatched in some publick
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
so the succeeding Costs to be double Note That a Subpoena for to hear Judgment is to be served How a Subpoena to hear Judgment ought to be served personally or to be left at the House of the Party with one of the Family save that you are to give fourteen days notice exclusive before the time to hear Judgment but if it be in the short Vacation between Easter and Trinity Term you are to give but ten days notice because of the shortness of the Vacation How a Subpoena for Costs to be served Now there is also a Suboepna for Costs not mentioned amongst the Subpoena's in the general Rule which is also to be personally served because of demanding of the Costs thereby required and you cannot serve it otherwise unless you have the Order of the Court on an Affidavit that you cannot find the person to serve him personally to leave it with the Clerk in Court or otherwise as the Court on a Motion or Petition shall direct and that deemed good if personally served Now because there is so frequent Mistakes made to the great prejudice of the Plaintiff in serving of Subpoena's it is not amiss if you understand how to serve it rightly How to serve a Subpoena rightly Now if the Subpoena be against only one then you may leave the Body at such persons place of aboad or serve him with the Label if you meet him personally but if one or two more are in the Subpoena two are to be served personally and the Body under Seal shewed to them at the time of such service and the Body may be served personally or left at the House as you please of the other person Pleas and Demurrers FOrasmuch as the Defendant being served with Process to answer may by advice of Counsel upon sight of the Bill only be enabled to demur thereunto if there be Cause or may by like advice be enabled to put in any just Plea which he hath in disability of the person of the Plaintiff or to the Jurisdiction of the Court It is therefore ordered that such Demurrer or such Plea in disability or to the Jurisdiction of the Court Demurrer or Plea in disability or to the Jurisdiction of the Court. under the Hand of Counsel learned shall be received and filed although the Defendant do not deliver the same in person or by Commission And therefore if the Defendant shall pray a Commission and thereby return a Demurrer only or only such a Plea which shall be afterwards over-ruled the Defendant shall pay five Marks Costs And although it be allowed the Defendant shall have no Costs in respect of the Plaintiffs needless trouble occasioned by such Commission Every Demurrer shall express the several Causes of Demurrer Every Demurrer to express the Causes of Demurrer and shall be determined in open Court And such Pleas also as are grounded upon the Substance and Body of the Matter or extend to the Jurisdiction of the Court shall be determined in open Court and for that purpose the Defendant is to enter the same with the Register within eight days after the filing thereof To be entred with the Register within 8 days of the filing or in default of such Entry made the same shall be disallowed of course as put in for delay And the Plaintiff may then take out Process to enforce the Defendant to make a better Answer and pay 40 s. Costs and the same shall not afterwards be admitted to be set down or debated unless upon Motion it shall be ordered by the Court And if any Cause of Demurrer shall arise and be insisted on at the debate of the Demurrer more than is particularly alledged Cause of Demurâ—er which is sufficient to dismiss the Bill which was not particularly alledged yet the Defendant shall pay the ordinary Costs of over-ruling a Demurrer which is hereby ordered to be five Marks Costs if those Causes which are particularly alledged be disallowed Although the Bill in respect of that particular so newly alledged shall be dismissed by the Court. A Plea of Outlawry Plea of Outlawry when good or not if it be in any Suit for that duty touching which Relief is sought by the Bill is insufficient according to the Rule of Law and shall be disallowed of course as put in for delay And the Plaintiff may notwithstanding such Plea take out Process to enforce the Defendant to make a better Answer and pay five Marks Costs otherwise a Plea of Outlawry is always a good Plea so long as the Outlawry remaineth in force And therefore the Defendant shall not be put to set it down with the Register And after the said Outlawry reversed the Defendant upon a new Subpoena served on him and payment unto him of 20 s. Costs shall answer the same Bill as if such Outlawry had not been But if the Plaintiff conceive such Plea of Outlawry throrough Mispleading or otherwise to be insufficient he may upon notice given to the Clerk on the other side set it down with the Register to be debated with the rest of the Pleas and Demurrers in course But if the Plaintiff shall not in such case enter it with the Register within eight days after the same shall be filed the Defendant may take out Process against the Plaintiff for his ordinary Costs of five Marks as if the same had been heard The dependency of a former Suit for the same Matter Plea depending of a former Suit for the same matter is also a good Plea and therefore the Defendant shall not be put to set it down with the Register But if the Plaintiff be not satisfied therewith the same shall be referred to one of the Masters of the Court to certifie the truth thereof and if it shall be determined against the Plaintiff he shall pay five pounds Costs to the Defendant But if such Reference shall be procured by the Plaintiff and if a Report thereupon within one Month after the filing of such Plea then the Bill to stand dismist of course with the ordinary Costs of seven Nobles If after a Suit commenced at the Common Law or any other inferiour Court a Bill shall be exhibited in this Court to be relieved for the same Matter the dependency of the former Suit shall be admitted as a good Plea and the Defendant not to be put to motions for an Election or Dismission and that Plea shall be proceeded in as in case of a Plea of a former Suit depending in this Court for the same Matter After a Contempt duly prosecuted to an Attachment with Proclamation returned no Commission to answer shall be made nor no Plea or Demurrer admitted but upon Motion in Court After Attachment with Proclamation returned no Commission to answer shall be made nor no Plea ordered but upon Motion and Affidavit made of the Parties Inability to travel or other good Matter to satisfie the Court touching that delay Answers AFter a
Commission once obtained to answer no second Commission shall be granted without special Order No Second Commission to answer without special Order of Court upon good reason shewed to induce the same or the Plaintiffs own assent An Answer to a Matter charged as a Defendants own Fact Answer how to be drawn must regularly be without saying To his remembrance or As he believeth if it be laid to be done within seven years before unless the Court upon Exception taken shall find special Cause to dispense with so positive an Answer And if the Defendant deny the Fact he must traverse or deny it as the Cause requires directly and not by way of negative pregnant As if he be charged with a Receipt of a Sum of Mony he must deny or traverse that he hath not received that Sum or any part thereof or else set forth what part he hath received And if a Fact be laid to be done with divers circumstances the Defendant must not deny or traverse it literally as it is laid in the Bill but must answer the point of Substance positively and certainly When the Defendants have answered the Plaintiffs and their Councel are seriously to advise of the Answers and if they find that upon the Answer alone without farther proof there be sufficient ground for a final Order or Decree to proceed upon Answer without farther lengthning of the Cause Or if it be needful to prove one or a few particular points to reply unto those points and not to draw into Pleadings or Proofs any more than those necessary points thereby making long Books and putting both sides to unnecessary Charges the Defaulters herein to be punished by paying the Charge of the Copies or otherwise as Cause shall require If a Hearing be prayed upon Bill and Answer Of hearing upon Bill and Answer the Answer must be admitted to be true in all points and no other Evidence to be admitted unless it be Matter of Record to which the Answer refers and is proveable by the Record The Plaintiff is therefore to be well advised that the Court be not put to unnecessary trouble and himself to a certain Charge in bringing his Cause to hearing which will not bear a Decree Exceptions WHen a Plaintiff excepteth to a Defendants Answer Exceptions to an Answer how to be drawn and when to be filed he shall set down his Exceptions in writing and if the Answer be filed in Term-time he shall the same Term or within eight days after that Term deliver the same Exceptions to the Councel whose hand is to the Answer or to the Defendants Clerk in Court And if the Defendant do within eight days after such delivery satisfie the Plaintiff of the invalidity of those Exceptions or amend the Answer in the same time or agree with the Plaintiff or his Clerk or Solicitor to amend it accordingly and pay 20 s. Costs 20 s. cost for amending the Plaintiff shall go on to reply But if the Defendant shall fail to do the same or put in a second insufficient Answer the Plaintiff may get the Answer or Answers referred And if the same shall be ruled insufficient the Defendant shall pay 40 s. Costs But if an Answer be filed in Vacation time then the Plaintiff shall have eight days in the beginning of the next Term if he see cause to put in his Exceptions and deliver them in writing in like manner as before is appointed and the Defendant within eight days after such delivery to proceed as is before ordered If the Plaintiff shall procure a Reference of an insufficient Answer within the time before limited and the same be reported good the Plaintiff shall pay the Defendant 40 s. Costs If the first Answer be certified insufficient and ruled so the Defendant shall pay 40 s. Costs If the first Answer be certified insufficient Defendant to pay 40 s. Costs as aforesaid if the Answer was put in person but if the same came in by Commission the Defendant shall have 50 s. Costs and no new Commission shall be awarded for taking a second Answer Second Answer unless it be by Order upon Affidavit made of the Party's inability to travel or other good matter to satisfie the Court touching that delay and first paying the Costs of such insufficient Answer or by the Plaintiff or his Clerks assent for expediting the Cause If the second Answer be reported insufficient unto any the points formerly certified the Defendant shall pay three pounds Costs And upon the third insufficient four pounds Costs And upon a fourth Answer certified insufficient he shall pay five pounds Costs 5 l. Cost to pay if the second Answer be reported insufficient 4 l. upon the third upon the fourth 5 l. and be examined upon Interrogatories and be examined upon Interrogatories to the points reported insufficient and shall be committed until he hath perfectly answered those Interrogatories and paid the Costs in respect of the great vexation and delay which in such Cases will happen to the Plaintiff No Subpoena ad rejungendum Subpoena ad rejungendum shall be of force unless there be a Replication filed in the Cause according to the course of the Court before the issuing out of the said Subpoena or at least before the Return thereof And the Parties upon whom such Subpoena shall be served finding no Replication filed before the Return thereof shall have the ordinary Costs taxed according to the course of the Court. Examination of Witnesses WHen the Parties are at Issue and proceed to examin Witnesses the Interrogatories are to be penned with care that the same be pertinent and only to the points necessary and the Witnesses are to be sorted and examined on those Interrogatories only that their Testimony doth extend unto without the needless Interrogatories of Matters unnecessary or immaterial as well to avoid the Charge of both Parties Plaintiff and Defendant in superfluous Examinations as the apt Interrogatories which are the Life of the Cause may be exhibited No Witness shall be examined in Court by the Examiner Witnesses how to be examined in Court by the Examiner without the privity of the adverse Party or of his Clerk who deals for the adverse Party to whom the person to be examined shall be shewed and a Note of his Name or place of dwelling delivered in writing by such as shall produce him and the Examiner is to take care and be well satisfied that such notice be given and then shall add to the Title of the Witnesses Examination the time of such notice given and the Name of that person to whom it is given and by whom that at the hearing of the Cause the Suitor be not delayed upon pretence of want of notice When Witnesses are examined in Court upon a Schedule of Interrogatories there shall be no new Interrogatories put in to examine the same Witnesses nor shall any Witnesses be examined in Court after the day of Publication
No new Interrogatories put to examine the same Witnesses Witnesses to be examined in Court after the day of publication though they were sworn before so as a Copy of the Rule or Order whereby Publication passed be delivered to the Examiner that he may take notice thereof That all Copies of Bills Answers How many Lines in a Sheet Copies to contain Depositions or other Record or thing whatsoever belonging to the Six Clerk to copy shall contain fifteen Lines at the least in every Sheet of Paper written fairly and orderly and unwastefully And that no such Copy shall be henceforth delivered out of the Office before it be signed by such Six Clerk to whom it belongeth with his own proper Hand-writing or by his Deputy in his absence Nor any Copy not so signed Copies to be signed by the Six Clerk shall be made use of in Court or before any Master which all Clients are to take notice of to the end they may be prepared with such Copies at the hearing of their Causes And whereas many Inconveniencies do frequently arise by undue copying Bills Answers and other Pleadings before they be filed No Copy to be made till the Originals be filed so as they are neither filed or very irregulary to the prejudice of the Client and trouble to the Court by unnecessary Motions It is therefore ordered That no Under-Clerk or his Man or other from him do from henceforth presume to copy any Bill or other Pleading whatsoever before it be duly filed with the proper Six Clerk who ought to file the same How a Witness to be examined For preventing of Perjury and other Mischiefs often appearing to the Court the Examiner is to examine the Deponent to the Interrogatories directed seriatim and not permit him to read over or hear read any other Interrogatories until that in hand be fully finished much less is he to suffer the Deponent to have the Interrogatories and pen his own Depositions or depart after he hath heard an Interrogatory read over until he hath perfected his Examination thereunto And if any Witness shall refuse so to conform himself the Examiner is thereof to give notice to the Clerk of the other side and to proceed no farther in his Examination without the Consent of the said Clerk or Order made in Court to warrant his so doing The Examiner shall not examine any Witnesses to invalid the Credit of any other Witness The Examiner not to examin any Witness to invalidate the Credit of another Witness but by special Order of the Court which is sparingly to be granted and upon Exceptions filed with the Examiner without Fee and notice thereof given to the adverse Party or his Clerk together with a true Copy of the said Exceptions at the Charge of the Party so examining The Examiners in whom the Court reposeth much Confidence are themselves in person to be diligent in Examination of Witnesses and not intrust the same to mean and inferiour Clerks and are to take care to hold the Witness to the point interrogated and not to run into Extravagancies and Matters not pertinent to the Question thereby wasting Paper for their own Profit of which the Court will expect a strict Account The Examiners are to take care that they employ under them in their Office none but persons of known Integrity and Ability who â—hall take an Oath Not to deliver or make known directly or indirectly to the adverse Party or any other save the Deponent who comes to be examined in any of the Interrogatories delivered to be examined upon any Examination by him taken or remaining in the Examiners Office an Extract Copy or Breviate thereof before Publication be thereof passed and the Copies thereof taken And if any such Deputy Clerk or person so employed shall be found faulty in the Premisses he shall be expulsed the Office and the Examiner who so employed him shall be also answerable to the Court for such Misdemeanor and to the Party grieved for his Costs and Damages sustained thereby And such Solicitor or other person who shall be discovered to have had a hand therein shall be liable to such censure for the Offence as the Court shall find just to inflict upon him In examining of Witnesses the Examiner shall not use any idle Repetitions or needless Circumstances nor set down any Answer to the Question to which the Examinant cannot depose other than thus To such an Interrogatory this Examinant cannot depose And in case such impertinencies be observed by the Couâ—â— the Examiner is to recompence the Charge thereof to the party grieved as the Court shall award That after Witnesses examined in Court there shall be two Rules only given for Publication viz. an ordinary Rule and then a day to shew Cause why Publication should not pass and upon the Return of a Commission one Rule only to be given After Witnesses examined in Court there shall be two Rules only given for publication and upon the return of a Commission one Rule only within which times aforesaid if the other side do not shew unto the Court good Cause unto the contrary Publication shall pass accordingly All Pleadings Commissions Certificates belonging to the Six Clerks to receive shall immediately upon the bringing in or return thereof into this Court be delivered to such Six Clerks own Hands All Pleadings c. to be delivered into the Six Clerks own hands or his Deputy as shall be Attorney in the Cause or to the Hands of his Deputy in his absence and not to be from henceforth in any wise kept back nor any Depositions or Answers taken by Commission or other Commission to be opened by any of their Under-Clerks before they be so delivered No Bills Warrants Pleadings Commissions Decrees Dismissions or other Records whatsoever shall from henceforth be carried to be ingrossed inrolled copied or otherwise used by any of the Under-Clerks to their Chambers No Bills c. to be carried to be ingrossed inrolled copied by the Under-Clerks to their Chambers or elsewhere out of the Six Clerks Office or Lodgings there and so soon as any Clerk shall have ingrossed inrolled copied or used any such Warrant Pleading Commission Decree or other Record in the said Office he shall bring the Original thereof presently back to such Six Clerk to whom the Custody thereof doth belong for the more safe keeping and disposing thereof according to the ancient usage Commissions WHen a Commission is awarded to examine Witnesses if by default of him that hath the carriage of the Commission or by his Commissioners nothing is done he shall bear all the Charges â—e who hath the carrying of the Commission if nothing be done in it shall bear all the Charges that the other side was put unto about that Commission either for Fees of Court bringing or entertaining Commissioners or Witnesses or otherwise to be ascertained by the Oath of the Party or of him that disbursed the
References to them upon Hearings for the ease of the Court in stating of Accounts and other like matters have of late been armed with Commissions to Examin Witnesses and Power to direct Commissions into the County if they saw cause Whereupon difference hath risen between the said Masters and the Six Clerks and Examiners of this Court about the Right of taking and keeping such After-Examinations and to whom such Commissions and the Depositions thereby taken should be returned kept and copied And the Right Honourable the Lord High Chancellor of England being acquainted therewith was pleased to appoint this present day for hearing all the said parties and accordingly his Lordship being assisted by the Honourable the Master of the Rolls and having respectively heard the said Masters Six Clerks and Examiners then present touching the same declared That such Commissions and Examinations ought not to be returned to or taken or kept by the said Masters in regard whilst they are in their hands the same are not any Records to ground their Reports and the Judgment of the Court upon in case the Cause should afterwards come to hearing upon Exceptions to such Reports or be otherwise reheard and that the Client cannot have authentick Copies at any such Hearing nor exemplifie or otherwise make use of the same at any Trial at Law to be directed by this Court or otherwise And in regard such Examinations are in danger to be lost or not known where to be found upon the death or removal of such Master who keeps the same and that Clients will be encouraged more frequently to neglect or forbear to make their full proofs although they ought and might do it before publication purposely to take advantage of such later proofs which may occasion the lengthning out of Causes to the great charge and delay of the Suitors in this Court. Therefore his Lordship upon serious consideration of the whole matter and preventing such inconveniences and irregular proceedings as aforesaid doth think fit and so order That for the future all parties concerned do at their perils as much as in them lies After publication Interrogatories may be exhibited to examin Witnesses make their full proof before publication passeth in the Cause But if upon any such reference the Master shall find any particular points or circumstances needful to be proved to ground his Report upon which are not fully proved nor could properly be examined to before the hearing of the Cause he shall then direct the parties to draw Interrogataries to such Points or Circumstances only and examine thereupon in Court by the Examiners if the Witnesses shall be or reside within ten Miles of London as by the Rules of the Court they ought to do but if farther off and the parties desire it he may direct a Commission into the Country Or to direct a Comission into the Country which is to be made out by the Six Clerks which said Commission and the Depositions thereby taken shall be returned unopened to the respective Six Clerk which ought to have the keeping thereof and publication to pass according to the course of the Court in such Cases and all other Examinations in this Court for the future not taken and kept of Record by the Six Clerk or Examiners as aforesaid are from henceforth declared to be void and shall not be admitted to ground any such Report or otherwise be made use of in any proceedings in this Court or at Law Clarendon Chanc ' Sabbati 1 Feb ' Anno Regni Caroli II. Regis 20. 1668. Ordo Curiae WHereas by an Order made by the Right Honourable Edward Vide supra 18. July 1666. Repealed Earl of Clarendon late Lord. High Chancellor of England and the Honourable Master of the Rolls bearing date the 18th day of July 1666. It was ordered that all Bills Answers and other Pleadings thereupon in the Six Clerks Office and all Exemplifications Writs and Copies in the Causes should be filed made and expedited according to the division and allotment of the Letters of the Alphabet in the Causes wherein the Plaintiff or first Plaintiffs Surname began as therein is mentioned by the respective Six Clerks therein named and their Successors respectively and by no other against which several Complaints have been made to the Lord Keeper by several Suitors upon examination whereof and Conference with the Master of the Rolls his Lordship held the said Order unfit to be continued and further put in Practice and doth therefore order that the said Ordinance be from henceforth discharged and that the Method thereby directed be not from henceforth for the future practised or observed but all Clients be at liberty to chuse their own Attorney Clients to be at liberty to chuse their own Clerk or Attorney and that the business of the Court from henceforth be dispatched as formerly was used before the making of the said Ordinance Bridgman C. S. Lunae 25 May Anno Regni Caroli II. Regis 20. 1668. Touching the Usher of the Court. Ordo Curiae WHereas by two several Orders the one of the 8th and the other of the 10th of April last made in a Cause wherein John Elliott Esq is Plaintiff and Jane Hicham and others Defendants upon Complaint of the said Plaintiff against Mr. Joseph Herne late Usher of this Court Usher of this Court forfeited his Place fornon-attendance for the Reasons then alledged it was the said 8th day of April ordered that the said Mr. Herne should be called in Court three several times that Day and so three times on three several days successively to attend in Court according to the duty of his Place And the said Mr. Herne being according to the Command and Direction aforesaid called by the Cryer of this Court three several times upon three several days and not appearing upon either of them to give his attendance in order to the execution of his Place as Usher of this Honourable Court The Right Honourable the Lord Keeper of the Great Seal of England did the said 10th day of April order that the said several defaults should be recorded in the Petty-Bag to the end such further Order should be taken as should be just with the said default being accordingly recorded and the said Mr. Joseph Herne being again this day by the command of his Lordship called three several times to give his attendance in this Court as aforesaid and not appearing his Lordship declared the said Place to be void and that the same was forfeited for his not attendance and doth therefore order that the aforesaid several defaults together with this Order be also recorded in the Petty-Bag Jovis 18 die Junii Anno Regni Caroli II. Regis 20. 1668. Touching Under-Clerks and Fees Ordo Curiae FOr the better regulating of the Office of Six Clerks and for setling the differences lately arisen between the Six Clerks and the Under-Clerks of the said Office in such manner as that the inconveniences occasioned
by the said differences to the hindrance of the dispatch of the business of this Court may be hereafter avoided it is this present 18th day of June in the 20th Year of the Reign of our Sovereign Lord Charles the Second c. by the Right Honourable Sir Orlando Bridgman Knight and Baronet Lord Keeper of the Great Seal of England and the Honourable Sir Harbottle Grimstone Baronet Master of the Rolls and by the Authority of this High and Honourable Court of Chancery ordered ordained and decreed That on or before the 1st day of November next ensuing all the present Under-Clerks of the said Office who now are allowed and admitted to practise except such only against whom there is just cause of exception in the Judgment of the Honourable the Master of the Rolls shall be admitted Clerks of this Court and that as well they the said Under-Clerks so to be admitted as every other person hereafter to be admitted to the place of an Under-Clerk in the said Office shall at or before the time of such his admission and before his or their entrance upon that Imployment take this Oath following that is to say The Oath of the Under-Clerks YOU shall swear that you shall not willingly do procure or assent unto any thing whereby any of the Records Rolls Pleadings Books or Writings of or belonging unto the Court of Chancery which shall be under the keeping or charge of the Master of the Rolls for the time being or of any of his Clerks or Ministers or which shall come to your hands or whereunto you shall have recourse shall be imbezled falsified corrupted rased or defaced or whereby any corruption fraud or deceit may be done thereby but shall well and truly entreat and deal with the said Records Rolls Pleadings Books and Writings according to your best knowledge and understanding and that you shall do your utmost endeavour for the safe and secret keeping of all Examinations and Depositions of Witnesses that shall be delivered unto you or shall come to your hands without opening publishing or disclosing till publication be granted by the Court or otherwise by the assent of the Parties or their Attorneys according to the Course of the same Court. So help you God And that upon the death or removal of any of the said Under-Clerks so to be admitted and sworn in each respective Six Clerks division no other person or persons shall from and after the time aforesaid be admitted or sworn an Under-Clerk of the said Office or be admitted to practise in the place or places of him or them so dying or being removed until the number shall be reduced to ten Under-Clerks in each respective Six Clerks division that so the number of the Under-Clerks of the whole Office may be reduced to sixty Clerks and no more Sixty Under-Clerks in the Office at which number the said Under-Clerks shall from and after such reducement be continued unless this Court shall find it necessary to increase or abridge the same and when any vacancy shall happen of any the Under-Clerks places after such reducement as aforesaid none shall be nominated by the Six Clerks respectively for the place of the said Under-Clerks respectively unless he and they have been educated and brought up in the said Office Under-Clerks to be such as are brought up in the Office and have served seven years at the least as a Clerk under some of the Six Clerks or Under Clerks and shall be of honest and civil behaviour and be otherwise fitly qualified for the said imployment And it is hereby further ordered ordained and decreed that no person upon any pretence whatsoever shall be permitted to practise as an Under-Clerk in the said Office but such only as shall be sworn and admitted as aforesaid and that no Under-Clerk so to be sworn and admitted as aforesaid shall at any time on any pretence whatsoever be deprived suspended or in any ways hindred in or from the exercise of his or their said Imployment but by Judgment or Order of the Lord Chancellor Lord Keeper or Master of the Rolls for the time being only And that out of the Fees payable by the Clients the said Under-Clerks respectively so to be sworn and admitted as aforesaid shall and may have receive retain and keep to their own uses respectively the several Fees and Allowances hereafter-mentioned and shall be accountable to the Six Clerks respectively for any business to be dispached in the said Office after the rates and proportions only herein after set down and not otherwise that is to say Clerks Fees That the Under-Clerks shall have and receive and retain to their own uses respectively OUt of the Termly Fee of 3 s. 4 d. the sum of 1 s. 4 d. And for all Copies of Bills Answers Pleas Demurrers Replications Rejoynders Depositions Interrogatories and other Records usually dispatched in the said Office for four pence a sheet and the Fee of 6 d. per sheet usually paid for the transcript of the Bill annexed to the Writ of Dedimus potestatem 4 d. And 12 s. 8 d. per skin for all Exemplifications 12 s. 8 d. And 2 s. 8 d. for every Dedimus potestatem 2 s. 8 d. And 3 s. 2 d. for every Ordinary Commission and Rejoyning Commison to examin Witnesses 3 s. 2 d. And 4 s. for every Commission of Rebellion 4 s. And 3 s. 2 d. for every Writ of Execution of an Order 3 s. 2 d. And 16 s. 4 d. for every Decree and Dismission 16 s. 4 d. And 13 s. 2 d. per skin for every Writ of Execution of a Decree 13 s. 2 d. And 6 s. 8 d. for every Injunction 6 s. 8 d. And 1 s. for every Attachment and Attachment of Proclamation 1 s. And a Moiety of oll other Fees for all other Writs usually dispatched by the Clerks in their Clients Causes Moiety And the Under-Clerks respectively shall be accountable to the Six Clerks respectively only For 2 s. residue of the said Termly Fee of 3 s. 4 d. 2 s. And 4 d. per sheet of all Copies of all Bills Answers Pleas Demurrers Replications Rejoynders Depositions Interrogatories and other Records usually dispatched in the said Office 4 d. And 14 s. a skin for every Exemplification 14 s. And 4 s. for every Dedimus potestatem 4 s. And 3 s. 6. for every Commission and Joyning in Commission to examin Witnesses 3 s. 6 d. And 6 s. for every Commission of Rebellion 6 s. And 3 s. 6. for every Writ of Execution of an Order 3 s. 6 d. And 17 s. for every Decree and Dismission 17 s. And 13 s. 6 s. per skin for every Writ of Execution of a Decree 13 s. 6 d. And 6 s. 8 d. for every Injunction 6 s. 8 d. And 1 s. for every Attachment with Proclamation 1 s. And for a Moiety of all other Fees for all other Writs usually dispatched by the Clerks in their Clients Causes Moiety And it is further ordered
ordained and decreed by the Authority aforesaid That if any of the said Under-Clerks for the time being after his or their receit of any of the Fees and sums of Mony aforesaid or after his or their delivery out to his Client or any on his behalf any Writs Commissions Exemplifications or other Process or of any Copies of any Bills Answers or other Pleadings made written or dispatched in the said Office and shall not faithfully and duly account for and pay what belongs to every Six Clerk to whom he is accountable and ought to pay for the same according to the rates and proportions aforesaid without any wilful delay or concealment That in such case every Under-Clerk so offending upon complaint and proof thereof made before the Right Honourable the Lord Chancellor Lord Keeper or Master of the Rolls shall over and besides such remedy as the Six Clerks have legally for the same undergo such punishment as the said Lord Chancellor Lord Keeper or Master of the Rolls for the time being shall judge meet to stand with Justice and the nature of his demerit who will be the more careful to see the said Six Clerks righted therein in respect they do by the reason of the more sure and just payment of the residue of their said Fees abate much of what heretofore they used to receive And it is also ordered ordained and decreed by the Authority aforesaid That from henceforth no Commission Writ or process usually made or dispatched in the said Office shall from henceforth be put to the Seal nor any Copies of any Pleadings Commissions Depositions Certificates or other Records usually dispatched in the said Office No Commission Writ or Process shall be put to the Seal nor any Copies of Pleadings Commissions Depositions Certificates c. to be delivered out of the Office until they be first signed by the Six Clerks c. shall be delivered out of the said Office to any Client until the said Commissions Writs Process and Copies respectively shall be first signed by the Six Clerks to whom the same doth or shall properly belong to his Deputy or in his or their absence by some other of the Six Clerks not towards the Cause And that all Commissions whereby any Depositions are taken and returned which belong to the Six Clerks to receive shall immediately upon the bringing in or return thereof into Court be delivered to the Six Clerk to whom the same doth properly belong or his Deputy to be safely and securely kept till publication be duly passed and not to be from henceforth in any wise kept back or broken open by any of the Under-Clerks or other person till publication thereof shall be passed as aforesaid for which end and purpose each Six Clerk is hereby injoyned to have one or more Deputy or Deputies to be constantly resident and attendant in the said Office The Six Clerk to have one or more Deputies to be constantly attendant in the Office in the absence of the said Six Clerks for signing of Writs Copies and receiving Commissions as aforesaid And it is further ordered and decreed That all Rules whatsoever shall from time to time be duly entred in the Common Book commonly called the House-Book All Rules to be duly entred into the House-Book and notice thereof to be given to the Under-Clerk of the other Side and that upon entring of such Rules notice shall from time to time be given to the Under-Clerk on the other Side that is towards the Cause to the end the Client may not be surprized thereby And that upon the delivery out of any Copy the Clerk who copied and delivered the same shall bring back and deliver the Record to the Six Clerk from whom he received the same to the end the same may be filed and bundled with the rest of the Records in the same Cause and that all Bills Answers Replications Rejoinders and other Proceedings relating to any Suit commenced in this Honourable Court since the first day of Michaelmas Term last and now remaining unfiled in the custody or possession of any Under-Clerk of the said Office shall in some convenient time be produced and filed with such Six Clerk to whom the same shall properly belong and that the Under-Clerks respectively according to the proportions before mentioned shall duly satisfie and pay the Six Clerks respectively the Fees due for the same as aforesaid The Under-Clerk to give to the Six Clerk a Note of the Name and Place of abode of such their Clients who are in arrears for F es And in case such Under-Clerk respectively have received all the due Fees for the same of their Clients respectively and if not then they are to give unto the Six Clerks respectively a Note in writing under his or their Hands of the Name or Names Place or Places of abode of such Client or Clients who are in arrear for any Fees due to them and the quantum of such Fees to the end the Six Clerks respectively may take such course for the recovery thereof as they shall be advised and that for so much the said Under-Clerks shall be discharged and acquitted from every further demand from them concerning the same And lastly it is ordered ordained and decreed That this present Decree shall be inrolled in the Judgment Rolls of this Court to be observed for the future to all intents and purposes according to the Tenour and true Meaning thereof Orlando Bridgman C. S Harb Grimstone M. Rolls Sabbati 31 die Octob ' Anno Regni Caroli II. Regis 20. 1668. Touching Under-Clerks Ordo Curiae WHereas on the 18th of June last Supra 18 June 68. a Decree was made for the Regulating of the Office of Six Clerks and for setling of the differences lately arisen between the Six Clerks and the Under-Clerks of the said Office by the Right Honourable Sir Orlando Bridgman Knight and Baronet Lord Keeper of the Great Seal of England and the Honourable Sir Harbottle Grimstone Baronet Master of the Rolls wherein it is amongst other things decreed That on or before the 1st day of November next ensuing all the present Under-Clerks of the said Office who now are allowed and admitted to practise except such only against whom there is just cause of exception in the judgment of the Honourable the Master of the Rolls should be admitted Clerks of this Court and that as well they the said Under-Clerks so to be admitted as every other person hereafter to be admitted to the place of an Under-Clerk in the said Office should The time for admitting and swearing the Under-Clerks enlarged at or before the time of such his admission and before his and their entrance upon that imployment take the Oath therein particularly expressed Now for as much as the time prefixed by the said Decree is near expired and there be many of the said Under-Clerks who by reason of their remoteness of dwelling or other accidents are not as yet come to
Town whereby the said Decree cannot in strictness be performed It is this present day ordered by the Right Honourable the Lord Keeper c. and the Honourable the Master of the Rolls that the said time be inlarged till the first day of the next Term without any prejudice to any absent under-Clerk who shall not come in to be admitted and sworn in the mean time Mercurii 18 die Novembris Anno Regni Caroli secundi Regis 20. 1668. Touching Priviledge Writs Pauper Writs and Renewed Writs Ordo Curiae FOrasuch as the Right Honourable the Lord Keeper c. was this day informed by Mr. Collings on behalf of several Officers and Clerks of this Court that all small Writs that passed the great Seal for priviledged Persons and for such as are admitted to sue in this Court in Forma Pauperis and Renewed Writs were and usually have been by ancient course delivered to persons by whom such Writs have been Sealed or to their Clerks without paying any thing therefore and that by an Order of this Court made the 12th of February 14 Caroli secundi Vide supra 12 Feb. 14 Car. 2. upon information of one Mr. Hutton a Clerk or Deputy to the Right Honourable the Lord Newbrough through whose Office all Writs of that nature do pass refuseth to deliver the same without Fees for the Seals thereof It was thereupon ordered That all Writs which should be sealed for priviledged Persons and for Suitors in this Court in Forma Pauperis and Renewed Writs should from henceforth be delivered to the persons for whom the same should be sealed or to their Clerk without paying or giving any thing for the same which Order was observed by the said Mr. Hutton during the time he continued his Employment in the said Office But one Mr. William Adderly who now Farms the said Office under the Commissioners of His Majesty's Treasury refuses to deliver such Writs aforesaid without paying Fees for the Seals thereof Pâ—iviledge Wâ—its Pauper Writs and Renewed Wâ—its to pay no Fees It is ordered by his Lordship That the said Mr. Adderly do observe and conform to the Order aforesaid by delivering all Writs which shall be sealed for priviledged Persons and for Suitors to this Court in Forma Pauperis and Renewed Writs to the persons for whom the same shall be sealed or to the Clerk without paying or giving any Fees for the same unless the said Mr. Adderly having notice thereof do on the last day of this Term shew cause to the contrary Sabbati 12 die Feb ' Anno Regni Caroli II. Regis 22. 1670. Concerning Exceptions to a Masters Report Ordo Curiae THe Right Honourable the Lord Keeper taking notice of the trouble and loss of time to the Court and expences and delay to the Suitors occasioned by putting in Exceptions to Masters Reports many of which do prove frivolous and vexatious doth for the prevention thereof declare and order That for the future from this time every person that shall put in Exceptions to a Masters Report shall besides the 40 s. deposited upon exhibiting the same pay 10 s. farther Costs for every Exception or distinct branch of an Exception which shall upon the hearing thereof be over-ruled He who puts in Excceptions to a Masters Report besides 40 s. shall pay 10 s. Cost for every Exception that shall be over ruled Martis 8 die Aprilis Anno Regni Caroli II. Regis 25. 1673. At Exeter-house by the Right Honourable the Lord Chancellor About the Impositions on Law Proceedings Ordo Curiae ORdered upon the humble request of the Farmers of his Majesty's Duty arising by virtue of an Act of Parliament for laying Impositions on Proceedings at Law That the Agent or Agents of the said Farmers shall have liberty to attend from time to time and view all Copies of Records of the said Court that shall be offered to be read or made use of in any Motion or on the hearing of any Cause arguing of any Pleas or Demurrers or exceptions to Reports at the Lord Chancellors and also at the hearing of all Causes at the Rolls to the end it may be known whether such Copies be signed by the proper Officer appointed for that purpose by the said Act and His Majesty's Duty duly answered for the same And all Counsellors Clerks Solicitors or others in whose Custody any such Copy shall be are required to permit the said Agent or Agents on request in that behalf Farmers of the Duty of the Law Tax how to manage themselves for the better collecting thereof to view and take an account of the same according to the direction of the said Act that the said Agent or Agents shall have liberty to attend at all Publick Seals from the time of opening the Seals to the shutting up thereof and shall put up all Writs and other things that shall be sealed into a Bag for that purpose and go immediately after the Seal is over with the Clerk of the Hanaper or his Deputy to the Hanaper Office and then take an account of all the said Writs and other things Sealed and stamp the same with a Stamp to be provided by the said Farmers for that purpose and if necessity do require that any Writs or other things Sealed shall be delivered out immediately after Sealing the same shall be first stamped and an account taken thereof by the said Agent or Agents but neither the Clerk of the Hanaper nor his Deputy nor any other shall presume to deliver out or take away any Writs or other things whatsoever that shall pass the Seal until the same be so stamped that the said Farmers Agent or Agents giving their due attendance from time to time to perform the same that some person whom the Farmers shall for that purpose appoint shall attend at all private Seals and take an account of and make an Entry into a Book to be kept by him for that purpose of all Writs and other things that shall be Sealed at such private Seal and shall also write his Name on the backside of such Writs and other things so Sealed and see that His Majesty's Duty be answered for the same Shaftsbury C. Har. Grimstone Jovis 8 die Maij Anno Regni Caroli II. Regis 25. 1673. At Exeter-house ad idem Ordo Curiae THe Right Honourable the Lord High Chancellor c. having this day heard the Farmers of His Majesty's Duties arising by impositions and proceedings at Law and their Counsel and also the Six Clerks Office in the Court of Chancery and the Under-Clerks in the Six Clerks Office to several things offered by the said Farmers for better collecting the said Duties arising within the said Six Clerks Office doth order and direct according to the Power and Authority given him by the said Act. 1. That no Clerk or Solicitor do send or knowingly permit or suffer to be sent any Bill Answer Plea Demurrer Depositions of Witnesses or other Record of the said Court or any
the High Court of Parliament and in imitation of that Provision which is made by the Statute made in the 27th year of the Reign of Queen Elizabeth whereby it is enacted That no Recognizance in the nature of a Statute Staple shall bind any Purchasor unless the same be inrolled within six Months after the acknowledgment thereof Doth hereby declare and order That for the future no Recognizance which after the first day of September next ensuing shall be acknowledged in this Court of what Nature or Kind soever shall be inrolled in this Court unless such inrolment be within the space of six Months after the acknowledgment thereof And that all Officers and Ministers of the Court do for the future observe and take care that no such Recognizance be inrolled in the said Court contrary to this present Order Recognizances to be inrolled within 6 months after acknowledgment and all Recognizances heretofore acknowledged in this Court and not already inrolled shall be inrolled within the space of six Months after the 23th day of October next and shall not be received nor inrolled after that time and because there may be special circumstances wherein it may be fit to dispense with these Rules no Recognizance shall ever be inrolled after the time prescribed be elapsed without motion in open Court Except by Motion in open Court to the end that the Conusor and all Purchasers and Tertenants may have due notice and the Court may by Special Order and consent of the Party paying such inrolment out of due time provided for the indemnity of such Purchasers as may be otherwise prejudiced thereby and that all persons concerned may take notice of this Order Copies hereof are to be set up and fixed in the several Offices of the Court concerned herein Mercurij 4 die Novembris Anno Regni Caroli II. Regis 26. 1674. Touching Contempts Ordo Curiae UPon Complaint made to the Right Honourable the Lord Keeper Vide infra 13 Julij 85. 17 Maij 1 Jac. 2. c. by the Serjeant at Arms attending the Great Seal that after Contempts are prosecuted to a Serjeant at Arms and a Commitment pronounced the Prosecutors will draw up the Order and never take forth a Warrant thereon but make use thereof to force the party prosecuted into some Composition sometime for the whole Matter in difference but usually for the discharge of the Contempts whereby the Serjeants Imployment is rendred in great part ineffectual for prevention whereof his Lordship doth thereupon Order After any Order for a Serjeant at Arms shall be granted the Register shall draw up the same and deliver the same to the Serjeant and no other That after any Order for a Serjeant at Arms shall be granted by the Court the Register shall on request draw up the said Order and deliver the same to the Serjeant at Arms or his Deputy and no other person they paying for the same by which means he shall or may endeavour to apprehend the Party prosecuted and bring him into this Court to answer the second Contempt if he can but if he cannot his Lordship doth further order The said Order not to be discharged nor the Contempt thereupon without the Serjeants Fees be paid and Certificate under his hand testifying the same That no Order for a Serjeant at Arms drawn up and past by the Register be discharged and the Contempt thereupon without the Serjeants Fees be paid to him and a Certificate under his Hand testifying the same and after the said Order being so drawn up and past as aforesaid no private or other agreement shall be made between the Party or Parties or the Person or Persons so standing in Contempt as aforesaid or any other person there or any on their behalfs without such satisfaction shall be made and a Certificate of the same shall appear to Court Veneris 18 die Decembris Anno Regni Caroli II. Regis 26. 1674. Ordo Curiae Private UPon Complaint made to the Right Honourable the Lord Keeper c. on the behalf of Mr. Thomas Middleton Solicitor committed to the Feet for an Assault a Clerk in the Register's Office of an Assault made upon him by one James Bradley a Solicitor by striking off his Hat and beating him over the Head and Face with a Staff in the Register's Office whereby his Head and Face are very much swelled and bruised which upon the examination of the matter his Lordship finding it to be done without any cause or provocation save the said Middleton's drawing and expediting an Order against a Client of the said Bradleys according to the direction of the Court his Lordship resenting it to be a great abuse and misdemeanor against the Court for Officers or Clerks to be thus used especially for discharging the Duty of their Imployments doth order that the said Bradley for this great misdemeanor be committed close Prisoner to the Fleet there to be kept without Pen and Ink or any access to him from without the Fleet till further Order to the contrary Lunae 10 die Aprilis Anno Regni Caroli II. Regis 28. 1676. Concerning Quakers Ordo Curiae WHereas divers persons that go under the Name of Quakers being sued and served to answer Bills in this Court or served with Process to testifie their knowledge in Causes here depending have used many devises to prevent the taking of their Oaths to their Answers and procured themselves to be personated by others and yet their Answers have been certified as if they were really sworn whereby the Suitors have been hindred from discovery of the matter charged on them and the truth is suppressed And in case of false swearing the Persons cannot be proceeded against according to Law For the preventing therefore of all abuses of that nature for the future the Right Honourable the Lord High Chancellor of England doth Order That such Suitors to this Court who demand the Answer Examination or Deposition of any person that goes under the name of or is reputed a Quaker he or his Clerk in this Court shall duly inform and leave a Note in writing with the Clerk of the other side thereof And the Clerk for such Defendant Respondent or the Party on whose behalf such Witnesses is to be examined Two days notice in writing of the persons abode and time and before whom the Defendant is to be sworn shall take care that two days notice in writing as aforesaid be given to the Plaintiffs Clerk of the place of abode the time when and before what Master such person shall be sworn either to his Answer or Plea or to any Interrogatories in order to take his Deposition or Examination in this Court to the end that some person may if they think fit be present and receive satisfaction that the party is duly and regularly sworn and is the same person intended for the Defendants Respondent or Witness and that every Defendant shall subscribe his Name or Mark to
his respective Plea or Answer which the said Master is to certifie and also in whose presence such Answer or Plea was sworn and in case any Defendant or Respondent shall put in any Answer Plea or Examination or Witnesses be examined without such notice being left as aforesaid such Defendants or Respondents may be proceeded against as if no Answer were put in or Examinations taken and the Depositions of such Witness or Witnesses are to stand suppressed And the Masters of this Court are to be very circumspect careful and wary in the Administring of Oaths to all persons whatsoever that the same be administred reverently and according to Law Finch C. Term ' Paschae _____ Anno Regni Caroli II. Regis 28. 1676. Touching farther Answer Ordo Curiae WHereas all persons summoned to appear in propriis personis and answer such Bills as are exhibited against them ought fully to answer before they depart Yet of late Complaints have been made that Defendants for delay either put in frivolous Pleas or Demurrers on insufficient Answers and such Plea or Demurrer being over-ruled or Answer reported insufficient new process of Subpoena issued to make farther Answer and when Defendants had stood out Process of Contempt for want of Appearances or Answers in time and have been discharged thereof by paying or tender and refusal of the Costs new Process of Contempt were to issue for any subsequent fault which occasioned not only great delay but expence and vexation to the Prosecutor which the Right Honourable the Lord High Chancellor of England taking into consideration for prevention of the like dilatory proceedings for the time to come doth order and ordain That in all such cases where the Defendants are to make farther Answers The Plaintiff need not serve the Defendant with a Subpoena to make a further or better answer but to give a Rule to the Defendants Clerk or a copy of the Order the Plaintiff shall not be obliged to serve the Defendant with a Subpoena to make a better Answer but shall only be obliged to give a Rule to make a better Answer if it can be given in Tâ—rm time or if not then to give the Defendants Clerk in Court a Copy of the Order or Report whereby the Defendant shall be ruled to make such better answer during the continuance of the publick Seals before or after the Term and if after such Rule or Notice so given And if the Defendant do not in eight days put in a perfect Answer Process of Contempt the Defendant do not in eight days put in a perfect answer or by order or consent of the Clerk on both sides obtain a Commission to answer and thereby return a perfect answer at the return thereof the Process of Contempt shall issue for want thereof and in case any former Process of Contempt shall have issued against such Defendants for want of appearing or answering And the Plaintiff may proceed upon any former Process of Contempt notwithstanding Costs paid the Plaintiff may resort back to such Process of Contempt and proceed thereupon after such Rule or Notice given as aforesaid notwithstanding the Costs of such former Process were paid upon the coming in of such insufficient or frivolous Answer Plea or Demurrer but when the Defendant hath put in a full Answer such Costs as he had paid for such former Process shall upon payment of the rest be deducted and allowed to him Finch C. Lunae 3 die Julij Anno Regni Caroli II. Regis 28. 1676. Of sending Records into the Chappel of the Rolls Ordo Curiae IT is this day ordered by the Right Honourable the Lord High Chancellor of England and the Honourable the Master of the Rolls That the Six Clerks of the High Court of Chancery do forthwith send the Inrolments of all Patents which they or any of them or their respective Clerks have in their or any of their Custody fairly written in Parchment and carefully examined into the Petty Bag Office to be estreated together with the Privy Seals and Warrants for the same and also all Decrees with the Docquets thereof to the Chappel of the Rolls The inrolments of Patents to be sent into the Petty Bag to be estreated together with the Privy Seals and Patents for the same and the Records of Deeds c into the Chappel of the Rolls to remain there And that the Clerk of the Inrolments do also send the Records of all Deeds and Recognizances Inrolled duly examined to the said Chappel and that all Records in the Petty Bag Office after the same are estreated be remitted with their Warrants from thence into the Chappel of the Rolls according to the ancient usage heretofore for sending Records into the said Chappel viz. the Patents after three years from the time of their Inrolments and the Records of Deeds and Recognizances from the Inrolment Office after two years The Patents after three years from the time of the Inrolment and the Records c. after two years from the time of Inrolment and so from year to year for the future And that such Records as are come into the Chappel and not fit to be received and continued there by reason of their ill Carracter bad Parchment Razures or Interlineations be transcribed within the Chappel of the Rolls at the Charge of the said Six Clerks and the Clerk of the Inrollments to which of them the said Records did at first properly belong Martis 1 die Januarij Anno Regni Caroli II. Regis 29. 1677. Touching hearing Causes Ordo Curiae WHereas Complaint hath been made to this Court as well by the Counsel at the Bar as others that there is a great abuse committed in not timely publishing of Causes Pleas Demurrers Exceptions to Reports and the like that are ordered to be heard and not setting of them up in a Paper in the Registers Office in due time by reason whereof the Counsel are many times surprized and cannot be prepared to hear their Clients Causes as they ought to be to the great prejudice of the Suitors and parties that sue in this Court for Justice For regulation whereof A Note of all Causes Pleas Demurrers Exceptions to Reports c. to be set down for hearing shall be set up by the Registers in their Office it is ordered That a Note of all Causes Pleas Demurrers Exceptions to Reports and the like that are ordered to be set down for hearing shall hereafter from time to time be affixed and set up by the Registers in their Office two days before the same are respectively appointed to be heard And in order hereunto all Clerks Solicitors and others are hereby required to bring to the Registers Office in due time all Orders for setting down of Causes Pleas Demurrers Exceptions to Reports and the like made upon Petitions or otherwise that so they may be set up in the Registers Office as aforesaid otherwise the said Causes Pleas Demurrers Exceptions to Reports and the like
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
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
that shall from time to time be put into any Report and shall on arguing be over-ruled as frivolous and impertinent and so declared the Exceptant shall for every such Exception or Branch of such an Exception pay to the other side 20 s. Costs and for every frivolous Exception or Branch of an Exception though not opened but waved the Exceptant in such case shall pay 10 s. Costs And 10 s. for every frivolous Exception that is not opened which said 20 s. and 10 s. are to be paid over and above the 40 s. deposited according to the Rule A. Keck C. S. W. Rawlinson C.S. Sabbati 14 die Maij Anno Regni Regis Reginae Gulielmi Mariae 4. 1692. Touching Exceptions to Masters Reports Ordo Curiae WHereas it hath been by experience found that Exceptions have been frequently taken to Masters Reports which on arguing have appeared very frivolous tending only for delay and whereby the Suitors are put to great charges to bring on such dilatory Exceptions It is this day ordered by the Right Honourable the Lords Commissioners He who will file Exceptions to a Report shall within 8 days after procure a fixt day for the setting down such Exceptions to be heard and thereof give notice to the other side c. That when and as often as any Party Plaintiff or Defendant shall take and file Exceptions to a Report made in any Cause either now depending in this Court or which shall hereafter be depending the Party so excepting shall within eight days after such Exceptions filed procure a fixt day for the setting down such Exceptions to be heard and thereof give due notice to the Clerk in Court for the other Party or in default thereof such Exceptions so filed shall from and after the Expiration of the said eight days stand over-ruled and the Party obtaining such Report Vide infra This Order suspended 7 July 93. shall be at liberty to proceed thereon as if no Exceptions were ever filed Sabbati 29 die Octobris Anno Regni Regis Reginae Gulielmi Mariae 4. 1692. Touching Filing Reports and Certificates Ordo Curiae WHereas it hath been found of late too common a practice for to ground Contempts Orders and Decrees and other Proceedings on Reports of the Masters of this Court before the same be actually filed with the Register of this Court where the same ought to be filed before any proceedings be had thereon Now for the prevention thereof and of the inconveniences that may happen to the Suituors by such neglects All Reports or Certificates made or signed by the Masters to be filed with the Register within 4 days after such signing It is this present day ordered by the Right Honourable the Lords Commissioners c. That all Reports and Certificates that shall be made and signed by any of the Masters of this Court shall by him that sueth forth or taketh the same from the respective Masters be filed with the Register of this Court within four days after the making and signing thereof The Register to indorse on the back thereof the day of receiving and filing it and that the Register when any Report or Certificate is brought to be filed shall endorse on the back thereof the day of the receiving and filing such Report and Certificate and that all Proceedings which shall hereafter be grounded on any Report or Certificate not filed as aforesaid shall be utterly void and of none effect and such neglect of filing being made appear to their Lordships by the Certificate of the Register shall be good cause for the discharging of Proceedings thereupon and also for the incurring such further Costs as their Lordships shall think fit to inflict on the Party offending contrary hereto and that for the better and more publick notice of this Order fair Copies thereof are forthwith to be made and put up in the Registers Office Masters Office and Six Clerks Office for all persons concerned to take notice thereof Veneris 7 die Julij Anno Regni Regis Reginae Gulielmi Mariae 5. 1693. Exceptions to Masters Report Ordo Curiae WHereas by an Order of the 14th May 1692. It was ordered Vide supan 14 Maij 1692. The said Order of 14 May suspended That the Party excepting to any Report should within eight days after the filing thereof procure a fixt day for the hearing thereof or otherwise such Exceptions so filed should be over-ruled and the other Party should be at liberty to proceed as if no Exceptions had been filed Now forasmuch as the said Order in the execution thereof hath instead of the benefit intended to the Suitor thereby proved an inconvenience the Right Honourable the Lord Keeper c. doth order That the further execution of the said Order be suspended till further order Jovis 7 Decembris Anno Regni Regis Reginae Gulielmi Mariae 5. 1693. Touching Clerks Misbehaviour Ordo Curiae Private Clerks misbehaving themselves ordered to attend WHereas a Complaint was this day made to the Right Honourable the Master of the Rolls of the misbehavior of several of the younger Clerks in the Six Clerks Office it is ordered that Mr. Watkins Mr. Mutchell Mr. Wright Mr. Raworth Mr. Burroughs Mr. Cook Mr. Conset Mr. Talbott Mr. Lloyd Mr. Downeing and their Clerks do attend his Honour on Saturday next at three in the Afternoon at which time Mr. Wilkinson Mr. Bagshawe Mr. Jaques Mr. Bridges and Mr. Derbysheirs Clerks are also to attend when such further Order shall be made as shall be just and that the Messenger attending this Court do give notice thereof to the said respective persons Sabbati 9 die Decembris Anno Regni Regis Reginae Gulielmi Mariae 5. 1693. Touching the Six Clerks and Under-Clerks Ordo Curiae WHereas Complaints have been made by the Petition of the sworn Clerks of this Court to the Right Honourable the Master of the Rolls that divers of their Under Clerks have of late behaved themselves after a bold insolent rude and disorderly manner in the Six Clerks Office as well towards their respective Masters as to others the sworn Clerks and to the Suitors of the Court attending the dispatch of their business there by unmannerly and abusive language breaking of Windows cutting Desks breaking down Seats throwing Stones and other things at the said sworn Clerks and their Clients whereby and by making rude and undecent Noyses often forced them to leave the said Office and caused the same to be shut up in the most usual time of business and when the Court hath been sitting to the great scandal thereof and damage of the said sworn Clerks and their Clients and contrary to the duty of the said Under-Clerks and the ancient and laudable usage of the said Office And whereas Complaint hath been likewise made to his Honour by the Petitions of the Under-Clerks that the Six Clerks do take and imploy persons to be their waiting Clerks who
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
made not where the party is Resident 14 137 and the precedent Process to be executed Contempt not to be discharged without the Serjeant at Arms his Fee be paid 4 Nov. 74. 13 July 85. 19 May 1 Jac. 2. each Process of Contempt to be duly served Page 138 Upon Motion or Petition all Attachments in Process shall be discharged upon the Defendants payment of Costs and filing of his Plea c. ibid. The penalty of one appearing to Interrogatories and Departure before Examination ibid. Of Commission to prove the Contempt Page 140 The Interrogatories to be included in such a Commission ibid. The Master in his Certificate of the Contempt to assess Costs Page 141 Of abusing those who serve Process Page 141 142 After any Order for a Serjeant at Arms the Register shall draw up the same and deliver it to the Serjeant Page 187 206 Commitment The Party abusing him that serves Process shall stand committed So of Contemptuous Words against the Court Page 127 Copies Paper Copies to contain fifteen Lines in a Sheet 1646. Page 53 No Bills Answers or Pleadings to be Copied till they are duly filed 1646. Page 55 No Copies to be delivered without the hand of the Six Clerk 16 May Page 59. 127 No Records to be carried out of the Office to be Copied ibid. 67 84. No Copy to be made till the Original filed Page 67 127 Examiner may take out Subpoena's against such as shall be suspected to deliver undue Copies of Depositions Page 76 Court Division of Court Business according to the Alphabet 4 Nov. 37. Car. 1. 25 Jan. 63. 1 Feb. 68. Repealed Page 157 Usher of the Court forfeited his Place for non-attendance 25 May 68. Page 158 D. Decrees Dismissions A Party committed for breach of a Decree not to be enlarged till he hath performed it or given security Page 143 Decree or Dismission to be signed by the Six Clerk before it shall be presented by the Register ibid. No Motion shall be for the Retainer of a Bill dismissed without a Certificate that the Costs are paid Page 144 No Decree c. to be signed by Register without the Six Clerks hand Page 56 Decrees with the assistance of the Judges 23 June 1646. Page 48 Within one Term any Cause shall be dismissed by Decree or Dismission the same being delivered to the Six Clerk 1646. Page 56 Decree dismist upon Motion c. shall be presented to the Register to be signed 1646. Decrees and Dismissions to be brought over into the Six Clerks Office for allowance of Parchment to inroll it Page 24 Demurrer Demurrer or Plea in Disability or Plea to the Jurisdiction of the Court Page 117 Every Demurrer ought to express the Causes of Demurrer Page 118 Demurrer to be entred with the Register within eight days of the firing ibid. Plea and Demurrer to be put into the Paper two days before the Hearing Page 62 Depositions How the Master is to pass the Exemplification of Dâ—pâ—sitions Page 144 No Depositions to be opened or copied till duly filed with the Six Clerk 1646. Page 55 Depositions to be signed before the Reading 19 Jan. 94. Order to use Depositions taken in another Cause Page 134 How and when Motion or Petition shall be for the suppressing of Depositions ibid. No Depositions to be made use of but such as are taken out of the proper Office and signed by the Register 19 Jan. 94. E. Exceptions A Fixt day to be set down for hearing Exceptions to a Masters Report 14 May 92. Page 236 Suspended 7 July 93. Page 237 Ten shillings Costs for every Exception over-ruled besides 40 s. Costs deposited 12 Feb 1670. and 20 s. Costs augmented instead of 10 s. 17 June 89. Page 175 209 234 Of Exceptions to Masters Report on Account Page 202 203 No Exception to a Report touching an Answer shall be filed unless notice be given to the Clerk of the other side 20 June 75. 30 April 86. Exception to an Answer how to be drawn and when to be filed Page 123 Exceptions to Masters Reports he that files the Exceptions to deposite 40 s. Page 147 He who will file Exceptions to a Report shall within eight days after procure a fixt day for the setting down such Exceptions to be heard and give notice Page 236 Examination of Witnesses vide Interrogatories Examination of Witnesses by new Interrogatories at any time before publication 7 Nov. 13. Car. 1. Page 39 The Plaintiff may take out more Commissions than one to examine Witnesses 27 Feb 67. Page 72 After publication Interrogatories in some cases may be administred to examine Witnesses 27 Feb. 67. Page 156 Witnesses how to be examined in Court by the Examiners Page 126 No new Interrogatories to be put to examine the same Witnesses ibid. No Witnesses to be examined in Court after the day of publication ibid. The Examiner not to examine any Witness to invalidate the credit of another Witness Page 128 The Six Clerks or Under-Clerks not to execute any Commission ad examinand ' Testes in or near London Page 12 Examiner may take out Subpoena's against such as deliver undue Copies of Depositions for the examination of them upon Interrogatories 17 May 58. Anno Car. 1. primo Page 4 76 Difference between the Six Clerk and Examiner setled 3 March 36. Page 28 F. CLerks Fees Page 164 Fees of the Masters of Chancery in Ordinary Page 95 Table of Fees of the Affidavit Office for Juries in all the Courts to enquire the Fees of the Courts Page 44 Filing Registring Copying Signing and Certifying any Affidavit 24 June 37. Page 35 Juries in all Courts to enquire of the Fees of the Court and their Oath Anno 1638. Under-Clerks Fees Regulated in Chancery 18 June 68. Page 160 161 162 Priviledge Wrirs Pauper Writs and Renewed Writs to pay no Fee 18 Nov. 68. Page 174 Act of Parliament of 13 Car. 2. for the establishing the Fees of the Masters in Chancery in Ordinary Page 95 Filing All Clerks to enter Pleas and Demurrers after Filing 9 July 89. Et sparsim per totum H. Hearing OF Hearing Causes and speeding Remanets 25 Nov. 36. Page 50 Oâ— Hearing upon Bill and Answer Page 122 Fine on Six Clerk for non-attending the Hearing 21 June 50 Page 61 Pleas and Demurrers to be put into the Paper two days before the Hearing 17 Feb. 50. Page 63 Certificate to be brought at the Hearing that the Bills and Answers are duly filed 25 June 58. Page 77 A Note of Causes for Hearing to be set up in the Registers Office ibid. The Clerk in Court on either side to attend the Hearing 18 June 86. 219 No Rehearing to be granted without deposning 5 l. into the hands of the Register 12 May 86. Page 208 Motions to speed a Cause to Hearing how to be managed 9 July 89. Page 232 Two days before the Hearing the Chancellor to be attended with the Copy of the Decree and a Copy of the Petition for Rehearing 23 Oct. 89.
Page 233 How and when Causes are to be set down for Hearing Page 135 To be set down without Fee ibid. At the Hearing if no Counsel appear for the Defendant his Answer shall be read Page 136 I. Vide Title Examinations DEeds to be Inrolled within five days after the acknowledgment 18 June 38. To be Inrolled within 6 Months Six Clerks to Inroll all Warrants for Patent Leases 20 Aug. 62. Page 101 Writ of Injunction of Course upon a Dedimus Potestat ' 26 Nov. 49. Page 59 Interrogatories to examine Witnesses to be signed by Counsel 29 April 87. Page 217 Interrogatories how far to be extended or not Page 139 Injunction not to be staid granted or dissolved upon Petition without notice of the other side Page 151 Injunction vide Petition Inrolment of Patents Page 194 195 L. ORder Affidavit or Certificate touching Ideots Lunaticks and Non Compus Mentis to be filed with the Clerk of the Custodies 13 July 55. Page 70 Amendment of Letters Patents for a mistake in the Privy Seal and the Inrolment and Original Bill under His Majesty's Hand Page 22 M. THursday to be observed for Motions 18 June 52. Page 65 Motion to speed a Cause to Hearing 9 July 89. Page 232 Masters Extraordinary not to act within eight Miles of London 9 Oct. 86. Page 71 How to certifie Affidavits ibid. Minutes of Decrees and Orders to be read in open Court 29 April 87. Page 213 Masters vide Exceptions Reports The Masters not to retorn special Certificates to the Court unless required by the Court Page 144 How the Master is to satisfie the Court touching the Defendants Answer Page 145 The Masters Certificate not being to ground a Decree if positive is to stand Page 146 Of Masters Extraordinary Page 148 Orders vide per totum vide Petition Of Orders granted on Petitions 27 May 87. Page 217 Plea of Outlawry when good or not Page 119 P. Petition NO Process of the Court to issue out upon Petition till such Petition be first filed 26 April 47. Page 50 Injunction not to be staid granted or dissolved upon Petition without notice or Copy of it on the other side Page 151 No Sequestrations Dismissions Retainers upon Dismissions or final Orders to be granted upon Petition Page 151 No former Order of Court to be altered or explained upon a Petition or Commitment of any Person upon Contempt to be discharged by it ibid. Petitions to ground Subpoena's when effectual Page 218 Paper Books called the Bills and Costs to be brought into Court 30 Octob. 58. Page 80 Plea of Outlawry vide Outlawry Page 119 Plea to the Jurisdiction Page 117 All Pleadings c. to be delivered into the Six Clerk's own hand or his Deputy Page 131 Plea depending a former Suit for the same Matter Page 120 Priviledge Priviledge Writs and Pauper Writs to be sealed without Fee Page 100 Clerk of the Hanaper though suspended from his Office yet allowed priviledge 30 Jan. 36. Page 32 Priviledge for known Clerks of the Court and their Menial Servants only Page 6 Writ of Priviledge how and by whom to be allowed Page 7 Publication After Witnesses examined in Court two Rules shall be given for Publication and upon the Retorn of a Certificate one Rule only Page 132 Paupers No Fee to be taken during the Paupers business depending in Court and the penalty Page 151 Cause of a Paupers Suit being perpetually dismissed Page 152 The Counsel who moves for a Pauper ought to have the Copy of the admittance with him Page 153 No Process of Contempt to be made at the Suit of a Pauper till it be signed by the Six Clerk ibid. Patents Six Clerks to inroll all Warrants for Patent Leases c. whereby the Patent-Leases pass the Great Seal Page 104 Inrolments of Patents Page 195 211 212 Concerning Quakers Page 189 R. REcords transferred over to the Rolls Chappel 8 December 49. 19 July 58. 29 June 54. 30 July 76. 9 June 86. Page 60 69 78 79 Transferring Records to the Attorney of the other side 19 June 14 Car. 1. Page 43 Order for safe keeping the Records by being duly filed 16 Nov. 53. Page 66 Records to be delivered to a new Register 21 June 60. Page 91 Report upon a reference of insufficient Answer to be filed within one Month after the Date of such Reference 10 Decemb. 4 Car. 1. Page 5 Reports and Certificates made by the Master when to be filed 27 Octob. 92. This Order suspended 7 July 93. Page 237 Of Reports of the Master on Account Page 202 203. Recognizances to be inrolled within six Months after the acknowledgment 22 July 74. Page 180 41 185 186 S. HOw every Subpoena is to be served Page 115 116 How a Subpoena ad Audiendum Judicium is to be served Page 1 116 Subpoena ad rejungendum Page 116 125 Subpoena ad Audiendum Judicium Page 116 No Subpoena ad Audiendum Judicium without a Note under Six Clerk's hand Page 53 No Subpoena to be retorned immediate without the special Command of the Lord Chancellor 23 June 40. Page 47 How a Subpoena for Costs is to be served Page 116 Replication to be first filed before a Subpoena ad Rejungendum shall issue out 1646. Page 54 What Writs are to be made by the Clerks of the said Subpoena Office only 21 Nov. 59. Page 86 Punishment of those that forge Subpoena's 25 Jan. 63. Page 106 W. Witnesses vide Examination THe Clerk that shews a Witness ought to have a Note of his Abode 9 May 1 Jac. 2. Page 204 In Affidavit of material Witnesses to examine the chiefest Witness and the material Points to which they are to be examined ought to be inserted 26 Octob. 85. Page 207 How a Witness to be examined Page 128 Writs vide Subpoena Priviledge Writs Pauper Writs and Renewed Writs to be sealed without Fee 12 Feb. 62. 18 Nov. 68. Page 100 Of what Retorn the Cursitor o make his original Writ Page 149 FINIS THE RULES AND ORDERS OF THE COURT OF EXCHEQUER LONDON Printed by the Assigns of Richard and Edward Atkins Esquires for John Walthoe and are to be sold at his Shop in the Middle-Temple Cloysters 1698. ORDERS and RVLES of Proceedings in the Office of His Majesty's Remembrancer of His Court of Exchequer at Westminster which the Right Honourable the Lord Chief Baron and the other Barons have thought sit at present to Ordain and Publish for the better and more speedy carrying on the Business in that Office I. English Bills EVery Subpoena to Answer Rejoin or hear Judgment shall be served Personally or left at the Defendants Dwelling-House or place of Residence with one of that Family or otherwise the same Writ under Seal shall be shewed there to such Person of such Family and a Ticket thereof left with such person containing the effect of the same Writ And all such Tickets upon a Subpoena to Answer shall be written in the Exchequer hand in Parchment II. Filing
If reply within a week or Defendant dismist 30 s. the said Plaintiff shall then reply thereto within a Week without Costs or in default thereof the Defendant to be dismist with thirty shillings Costs and if the Plaintiff or his Attorney shall two days before a Plea or Demurrer is set down to be heard or sooner give notice to the Defendant or his Attorney in Court that he doth admit the Plea or Demurrer to be good and shall pay to the Defendant or his Attorney in Court twenty shillings Costs then the Defendant shall not need to attend his Plea or Demurrer XII If Demurrer on Mistake IF the Demurrer be grounded upon some Error Slip or Mistake in the Bill the Plaintiff shall be permitted of course to amend the same paying to the Defendant or his Attorney in Court twenty shillings Costs 20 s. Costs But if the Plaintiff shall not within four days after such Demurrer put in amend or alter it and pay the Costs then the Demurrer shall be determined in Couâ—t Or determined in Court XIII Pleas of Dependences of a former Suit IF the Defendant shall plead the dependency of a former Suit for the same matter complained of in the Bill and the Plaintiff shall admit of the said Plea that then the Plaintiff shall forthwith pay to the Defendant or his Attorney in Court 40 s. Costs forty shillings Costs And if the Plaintiff shall not two days before the same is set down to be heard or sooner admit the said Plea and pay forty shillings Costs then the same is to be heard in Court And if upon hearing it shall be adjudged a good Plea then the Plaintâ—ff to pay three pounds Costs 3 l. If heard XIV Exceptions EVery Plaintiff that shall take Exceptions to the Defendants Answer shall put in his Exceptions to the same within four days within the Term next after the coming in of the Answer and set down the same to be heard on the Saturday sevennight following To be heard in case the Defendant will put in his Answer before the time appointed for the hearing of the same Exceptions he is to put in the same two days or sooner before the time for the hearing thereof and he is to pay but twenty Shillings Costs If answer 20 s. and if upon hearing the Exceptions the Defendant be ruled to Answer the Defendant shall forthwith pay to the Plaintiff or his Attoney in Court If heard 3 l. three pounds Costs and shall put in his Answer within eight days Answer in 8 days unless he desire a Commission to answer in both which Cases he is to Rejoin gratis and joyn in Commission as aforesaid And if the Defendants Answer shall be adjudged good the Plaintiff shall forthwith pay to the Defendant or his Attorney in Court Answer good 40 s. forty shillings Costs And all Answers coming in after the setting down of Causes are to be taken as Answers of the succeeding Term. XV. Second Insufficient Answer THat every Defendant putting in a Second Insufficient Answer shall pay double Costs Double Costs as if the first Answer had upon hearing been adjudged insufficient Every Defendant putting in a third Insufficient Answer shall in like manner pay treble Costs Third treble Costs And every Defendant putting in a fourth Insufficient Answer Fourth as Court shall order shall pay such further Costs as the Court shall think fit to the Plaintiff or his Attorney in Court and shall stand committed to the Fleet and be examined upon Interrogatories XVI Proceedings upon Process of Contempt upon Insufficient Answers EVery person in Contempt for not appearing and that shall after clear his Contempts and appear but shall incur any other Contempts for not answering according to the Rules shall pay the like Costs and have the Process of Contempt continued against him till there shall be a sufficient Answer put in as if he had not appeared And the like Rule where persons are in Contempt for not Answering until they have fully answered but upon clearing his Contempt he is to have an allowance of what Costs he paid upon the former Contempt XVII Plaintiffs dismission of the Bill before Replication IF a Plaintiff will dimiss his own Bill before he Reply he shall pay forty shillings Costs unless the Court shall think fit upon Motion to encrease the same XVIII Proceedings on the bringing to the Bar for want of Appearance or Answers IF a Defendant be brought to the Barr by Habeas Corpus for not appearing his Appearance shall be then Recorded and he forthwith charged with the Bill the first time and stand committed and if afterwards he do not answer according to the course of the Court being brought twice more to the Barr by Habeas Corpus or by Rule of Court and charged with the Bill each time the Bill shall be taken pro Confesso Pro Confesse against him XIX Hearing Causes upon Bill and Answer IF the Plaintiff shall set down his Cause to be heard upon Bill and Answer and serve the Defendant to hear Judgment and if upon hearing the Court doth not think fit to make any Decree upon Bill and Answer and shall permit the Plaintiff to reply Plaintiff permitted to reply he shall forthwith pay to the Defendant or his Attorney in Court 5 l. Costs five pounds Costs for his unjust vexation and Reply within eight days Reply in eight days or else the Defendant to stand dismissed with the said five pounds Costs and if he doth Reply the Defendant is to Rejoyn gratis and joyn in Commission which Commission shall be taken forth to be executed the next Vacation except in the Vacation after Easter Term. XX. Commissions for want of Replication or for not proceeding after Replication IF the Plaintiff doth not Reply to the Defendants Answer some time the next Term after the Answer is put in the Defendant may the Term following give a Rule to be dismissed within a Week and if the Plaintiff shall not within that time Reply to the Defendants Answer the Defendant shall be dismissed with five Marks Costs but if the Defendant doth give a Rule to be dismissed for want of a Replication at the coming in of such Replication the Defendant is to Rejoyn gratis To Rejoyn gratis and join in Commission and if the Plaintiff doth doth not the same Term or the Term following take forth a Commission to examine Witnesses the Defendant may either take forth a Commission ex parte or else be dismissed with five pounds Costs If don't take Commission Defendant dismist with 5 l. Costs And in Cases where the Defendant shall give a Rule either for not Replying to the Defendants Answer or for not Proceeding after Replication if there be not a Week in Term the Plaintiff to have a day to shew Cause till the setting down of Causes Time for Rule Setting down Causes XXI Examination of Witnesses IF the Defendant
not appear but stands in Contempt the Plaintiff may then upon Motion have a Commission to examine his Witnesses de bene esse and where the Defendant shall have appeared he may join in Commission if he think fit and Cross-Examine the Plaintiffs Witnesses Defendant cross examined he striking Commissioners Names within four days after the making of the Order for such Commission And after the Defendant hath answered such Bill the Plaintiff is then to Reply Plaintiff to reply and re-examine such of his said Witnesses formerly examined as shall be then living and upon the retorn of the same Commission and the Depositions thereby taken together with the Depositions of such of the Witnesses formerly examined Depositions of dead and other c. as were before the Execution of such second Commission dead are fortwith to be published XXXV Contempt in not performing Orders and Decrees THat no Person shall be in Contempt for not performing any Order or Decree of the Court until he shall be served therewith by delivering a true Copy thereof and shewing the Decree or Order under the Seal of the Court unto such person Under Seal personally or an Oath and if the Party cannot be found to be personally served upon Oath first made thereof and an Order of Court thereupon the Writ of Execution to be left at his House Left at House or Clerk 〈◊〉 Court or place of his last abode or a Copy thereof with his Clerk in Court and that to be good Service to bring him in Contempt XXXVI Times for coming in of Reports and for filing of Exceptions to Reports WHere the Court upon hearing any Cause shall refer any Matter of Account or other Matter to be Reported to the Court such Report shall be made and delivered to the sworn Clerk concerned in the Cause To come in 6. days six days before the time appointed for hearing of the Cause upon such Report who is forthwith to give notice to the Clerk on the other side and if the adverse Party will take Exceptions to the same he shall put in such Exceptions two days Exceptions 2 days at least before the hearing of the Cause XXXVII Not performing Decrees WHere several things are to be performed by a Decree on the part of the Defendant and the Defendant is brought in upon Contempt for not performing some part of that Decree he is not to be enlarged until he shall perform that part of the Decree that is to be presently done and give security by Recognizance Recognizance with Sureties as the Court shall order to perform the other part XXXVIII Examination of Persons in Contempt WHere any person appeareth in Court upon Process of Contempt to be examined upon Interrogatories he is to stand committed Stand Committed to the Fleet unless he acknowledge a Recognizance Recognizance of 100 l. or more if the Case require it to appear de die in diem and not to depart without license of the Court and then Interrogatories shall be exhibited for his Examination within four days after such his appearance Interogatories to be exhibited 4 days after appearance or dismist and in default thereof the party prosecuted shall be dismissed with Costs upon which Examination if the Defendant deny the Contempt or the same doth not clearly appear the Prosecutor may upon Motion Examine Witnesses for proof thereof upon notice given to the Defendant A Commission on Motion or his Attorney in Court or by Commission for which he may name a Commissioner but is not to examine any Witnesses upon his part unless he shall satisfie the Court upon some matter of Fact necessary to be proved for clearing the truth In which case the Court if there be Cause will give leave to him to examine Witnesses to such particular Points so directed by the Court and the other side may Cross-Examine the said Witnesses XXXIX Touching the same ANd when a Commission is taken out to prove a Contempt the Party prosecuted shall have a day to appear upon his said Recognizance till the retorn of the Commission And if the Commission be not retorned within a Week after the retorn thereof the Party prosecuted shall be discharged of his Contempt with Costs and his Recognizance vacated XL. Beating or Abusing the Persons serving the Process WHere any Oath shall be made of Misdemeanor of Beating or Abusing the Party upon serving the Process or Order of the Court the Party offending shall stand Committed upon Motion and no Examination No Examination is in that Case to be admitted and when an Affidavit shall be made by two Persons of Scandalous and Contemptuous Words Two Persons Contemptuous Words against the Court or the Process thereof the Party offending shall likewise stand Committed upon Motion without any further Examination and a single Affidavit Single Affidavit in such Case shall be sufficient to ground an Attachment whereupon such Person shall be brought to be examined and if the Misdemeanor shall be confessed or proved against him he shall stand Committed Stand Committed until he satisfie the Court touching his said Misdemeanor and pay the Prosecutor his Costs But if he shall not thereof be found guity save by the Oath of the Party that made the Affidavit he shall be thereof discharged yet without any Costs in respect of the Oath made against him as aforesaid XLI Injunctions THat no Injunction be granted or day given to shew Cause why the same should not be granted but upon Motion in open Court satisfying the Court with such Matter as may induce the Court in Justice to grant the same and where there are Exceptions put in to an Answer the Plaintiff may move for an Injunction upon opening of a material Exception to the Court. XLII Taxing of Costs THat in all Cases where Costs are to be Taxed upon a Bill of Costs in the Office of His Majesty's Remembrancer His Majesty's Remembrancer is to Tax the Costs but shall not Tax the same without notice given to the Attorneys on both sides to attend him XLIII Bills of Revivor IF a Defendant be served with Process upon a Bill of Revivor and shall not Answer or desire a Commission within eight days Revived 8 days the former Proceedings shall stand revived upon Motion XLIV Serving of Sheriffs or Vnder-Sheriffs with Orders THat where a Sheriff or Under-Sheriff is ordered to perform any thing by the Order of the Court serving of the Sheriff or Under-Sheriff with a true Copy of such Order under the Seal Under Seal of the Court and Affidavit made thereof and Warrant thereupon from one of the Barons shall be a sufficient Service to bring the said Sheriff or Under-Sheriff in Contempt if he do not perform the same XLV Sheriff to name Attorneys THat all Sheriffs shall have and assign their able and sufficient Attorney and Deputy in this Court the same Court setting which shall attend this Court from
time to time to receive and retorn the Writs and Commandments of the same according to the Statute in that behalf provided and that every Sheriff upon the entring into his Recognizance do declare and deliver unto one of the sworn Clerks in the Office of His Majesty's Remembrancer the Name of such Attorney or Deputy so by him assigned XLVI Rules to Sheriff to Retorn Process ANd where a Sheriff neglects to retorn any Process delivered to him Rules may be given the last day of the Term for to retorn such Writs by the Sealing-day or to be amerced 40 s. Sealing-day or amerced 40 s. XLVII Paupers IF any Person shall petition to be admitted in Forma Pauperis he shall bring a Certificate under his Counsels hand Certificate under Counsels Hand upon his Petition that he hath probable Cause of Suit and make usual Oath before he be admitted Affidavit and such Counsel to be assigned for one XLVIII Notes of Informations THat according to an Order of Court made the second day of July 1686. upon the making out of any Process upon any Information to be exhibited in the Office of His Majesty's Remembrancer in this Court for the Seisure Seisures of any Goods there shall be a brief Note or Entry made by one of the sworn Clerks in a Book to be prepared for that purpose of the Name of the Party that seized the same and of the Quality of the Goods seized together with the day of the Month when the same is Exhibited and that upon the making out of any Process upon personal Informations Personal Informations upon Penal Statutes there shall be a brief Note or Entry made by one of the sworn Clerks in the said Book of the Names of the Plaintiffs and Defendants together with the Day of the Month when the same is Exhibited unto which Book such person as is or shall be imployed on behalf of His said Majesty for the recovering and getting in His said Majesty's Moiety or part of such Forfeitures may have recourse and free liberty to inspect and peruse the same Majesty's Agent to inspect XLIX Records of Recoveries and Fines to be perfected THat the Records of the Recovery of all Goods or Merchandizes seised for being prohibited or unaccustomed and all Fines rated for the same shall be perfected and finished by the first day of the next Term following the Term of such Recoveries had or Fine rated to the end the same may be drawn down into the Pipe L. Pleadings upon Personal Informations EVery Defendant appearing upon an Information or Quo Warranto except Informations of Seisure is to plead to the same within four days of the next Term Plead 4 days next Term. after his appearance to the same or in default thereof Judgment by Nihil Dicit to be entred And where a Defendant being served with Process to appear to an Information shall neglect to appear the same Term and is taken upon Process of Contempt retornable the following Term he shall then Plead within four days after his appearance Four days after appearance on Contempt LI. Contempts c. THat after an Attachment is Retorned upon any Contempt upon an Information the next Process shall be an Attachment with Proclamation and upon the Retorn thereof a Commission of Rebellion and then upon Motion a Serjeant at Arms Same Costs as by Bill and the same Costs are to be paid upon Contempts on Informations as is directed before upon prosecution of English Bills LII Joyning in Demurrer WHen a Demurrer is filed the Defendant shall Joyn in Demurrer within six days or else Judgment by Nihil Dicit to be entred LIII Informations and other Matters of Law WHen a Replication is filed the Defendant shall Rejoyn within four days or else Judgment by Nihil Dicit to be entred LIV. Rules upon Retorns of Scire Facias UPon Writs of Scire Facias Retorned the last day of the Term and upon Inquisitions then Retorned whereon Goods are seised Rules may be given for the Defendants to appear upon such Writs of Scire Facias and to claim the property of such Goods seised by the Sealing-day after each Term and in default thereof Proceedings to be had in each Case respectively as where there are days in Term for giving such Rules LV. Notice of Trials NOtice of all Trials in London or Middlesex to be given six days before such Trials and of Trials at Assises notice to be given within six days after the the end of the Term. LVI Entring Judgment after Trials UPon the Retorn of every Postea Judgment to be entred within four days upon a Rule given if nothing be said to the contrary upon Trials in London and Middlesex and within the Term Judgment to be entred of the same Term and upon Trials at the Bar Judgment to be entred within four days after such Trial if there be so many days in Term and if there be less than four days in Term then Judgment to be entred the last day of the Term. LVII Irregularities in Pleadings THat all differences touching Irregularities in Proceedings or upon the Rules of the Court shall be determined by His Majesty's Remembrancer or his Deputy upon hearing the Attorneys on both sides who is to settle the same if he can and give Costs where he shall find the fault if not the Court to determine the same LVIII THat His Majesty's Remembrancer or his Deputy and the sworn Clerks in the Office do diligently attend in Court and do give an Account touching any Proceedings in Court as they shall be required Some Law Books lately Printed for J. Walthoe at his Shop in the Middle Temple Cloysters 1. NOw Reprinted The Lord Cokes Reports in French with References to all the Ancient and Modern Books of the Law 2. A View of the Penal Laws concerning Trade and Traffick wherein is Collected all the Statutes to the end of the last Session 1697. 12mo 3 s. 3. The Country Justice concerning the Practice of the Justices of the Peace in their Sessions and out of Sessions gathered for the better help of such Justices of Peace as have not been much Conversant in the Study of the Laws of this Realm by Mich Dalton Esq Folio 14 s. 4. Cases Argued and Decreed in the High Court of Chancery from the 12th year of King Charles the Second to the 31st Folio 12 s. 5. An Abridgment of all the Statutes of King William and Queen Mary 8 vo 4 s. 6. The Method of Pleading by Rule and President 1. In twelve several Branches of Abatement and Judgments thereon 2. In ten General Bars to the Action 3. Special Bars in Case viz. Slander Assumpsit Disturbance Misfeazance Negligence Trover Deceit Nusance Rescue and Escape with the Pleading of Uncore Prist or Adhuc Paratus 4. Bars in Covenant with Averments Protestations Traverses and Pleas after the last Continuance and also many Special Rules concerning the Bar Replication Rejoynder Surrejoynder c. With particular Cases Notes and Arguments relating to the Advantage and Method in Pleading Useful for the Clerks and Attorneys of the Kings-Bench and Common-Pleas 8 vo 5 s. 7. Lex Custumaria or A Treatise of Copyhold-Estates in respect of the Lord and Copyholder wherein the Nature of Customs in general and of particular Customs Grants and Surrenders and their Constructions and Expositions in reference to the thing granted or surrendred and the Uses or Limitations of Estates are clearly illustrated together with the manner of Declaring and Pleading either generally or as to particular Customs with Trial and Evidence of Custom and of Special Verdicts c. 8 vo 5. 8. Tryals per Pais Or The Law of England concerning Juries by Nisi Prius c. newly revived and much enlarged with an Addition of Presidents and Forms of Challenges Demurrers upon Evidence Bills of Exception Pleas Puis le Darrein Continuance c. The Third Edition corrected and ammended to which is now added a farther Treatise of Evidence c. 8 vo 5 s. 9. The Practick Part of the Law shewing the Office of an Attorney and a Guide for Solicitors in all the Courts of Westminster with the true manner of their Proceedings in any Actions Real Personal or mixt from the Original to the Execution Now newly set forth by the ablest Practisers of the several Courts with an exact Table of the Principal Matters 8 vo 5 s. 10. The Law of Obligations and Conditions wherein is contained the whole Learning of the Law concerning Bills Bonds Conditions Statutes Recognizances and Defeazances as also Declarations on Special Conditions and the Pleadings thereon Issues Judgments and Executions with many other useful Matters digested under their proper Titles c. 8 vo 4 s. 6 d. 11. Nomo Lexicon a Law Dictionary interpreting such difficult and obscure Words and Terms as are found either in our Common or Statute Ancient or Modern Laws with References to the several Statutes Records Registers Law-Books c. wherein the Words are used The Second Edition with the Addition of above 600 Words by Tho. Blunt of the Inner-Temple Esq Folio 10 s. 12. The Pleading and Aeguments upon the Quo Warranto against the Charter of London of Mr. Finch and Sir Robert Sawyer the King's Solicitor and Attorney General and Sir George Treby the Recorder of London and now Lord Justice of the Common-Pleas and the late Lord Chief Justice Pollixfen for the said City the whole Proceedings faithfully taken from the Records wherein is comprized all the Learning of Corporations whether forfeitable how and for what c. Folio 6 s. 13. The Statutes at Large in Paragraphs and Sections or Numbers from Magna Charta to the end of the last Session of Parliament May 3. 1695. in the seventh year of His Majesty King William III. in Two Volumes 3 l. FINIS