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
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
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
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
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 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
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
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
Draught or Copy thereof to any person or persons to take or make Copies thereof or use the same whereby the King's Majesty or his Farmers may be defrauded of any of the Duties imposed by the said Act. 2. That the Clerks of the said Office do duly enter and pay the Duty for all appearances of persons for whom they have directions to appear and that neither the Six Clerks for the Plaintiff nor his Deputy do deliver any Bill to a Clerk or any other for the Defendant without a Note under the Hands of the Six Clerks for the Defendant or his Deputy testifying that the Appearance is entred which Note the said Six Clerk or his Deputy who receiveth the same is carefully to file up to the end the Clerk or the Person who on delivery thereof taketh away any Bill may if occasion requires be called to return the said Bill and charged by the said Six Clerk or his Deputy or the Farmers Agent with the payment of His Majesty's Duty for the Copy thereof 3. That the Farmers of His Majesty's Duty do provide for every of the said Six Clerks a Book and that every of the said Six Clerks and their Deputies do take special care that before any Records or Pleadings whatsoever Bills excepted be taken or delivered out of the Six Clerks Studies or Record-house a short entry be made thereof in the Book remaining with the Six Clerks from whom the same is taken or to whom the Custody thereof belongeth with the time when and the Persons Name by whom the same is taken out to the end as occasion shall require the said person may be called on to return such Records and Pleadings and for payment of His Majesty's Duties for the Copies thereof 4. That all Bills Answers Pleadings and other proceedings in the said Court be duly filed and that no Copies be made thereof till the same have been so filed with a proper Officer for that purpose 5. That no Copy of any Bill Answer Plea Demurrer Depositions oâ— Witnesses or other Records of the said Court shall be delivered or sent to any Client or Solicitor or other Person till the same be signed by the proper Officer to whom they belong or his Deputy and that no close Copy whatsoever shall be made until an Office Copy hath been paid for and that in such case where a close Copy is made for the same person by whom or on whose account an Office-Copy hath been paid for His Majesty's Duty shall not be required for such close Copy 6. That no Copy of any Record of the said Court be offered to be read or made use of either in Court or at the Rolls or before any Master or elsewhere or any Fees taken for the same which is not under the proper Officer or his Deputies Hand the draughts of Complainants or Defenfendants own Bills Answers or other pleadings which by the ancient Rules of the Court have been permitted to be made use of by themselves only excepted 7. That no Commission whatsoever be published but in the presence of one of the Six Clerks concerned in such Cause or Causes in which they shall happen to be published or one of the Deputies who is to cause the same to be entred in the said Book to be provided by the said Farmers to the end the Clerk concerned in such Cause or Causes may be called on to pay His Majesty's Duty for the Copies of Depositions as in the cases of Copies of other Pleadings and Records 8. That no Subpoena ad audiendum Judicium be made out until a Certificate under the hand of the Six Clerk at whose instance the Cause is set down be delivered to the Deputy of the Subpoena-Office that the Pleadings in the Cause are filed which Deputy is hereby required to write thereon the Name of the Clerk that deals for the Plaintiff and to deliver over such Certificate to such person whom the Farmer of the King's Duty shall appoint to receive the same 9. That the Six Clerks or their Deputies or other Officers of the said Court when they sign any Copies do write thereon the day of the Month when they are signed and in words at length the number of Sheets which they contain and also subscribe their Names to the same 10. That the said Six Clerks do give the Names of their Deputies or such who in their absence they permit to sign things to the Farmers Agent in writing and so of any other they shall permit or appoint for that purpose and that the said Six Clerks or their Deputies attend on all Office-days to dispatch business from the hours of nine in the Morning till twelve at Noon and from three of the Clock in the Afternoon till Six in the Evening 11. That all Decrees and Dismissions be signed by the respective Six Clerk by whom they ought to be signed and not by their Deputies but in case of sickness or absence out of Town of the Six Clerk and that the Six Clerks or their Deputies when they sign any Decree do at the same time write thereon the day of the Month and the year when they do the same Shaftsbury Ch. Mercurij 22 die Julij Anno Regni Caroli II. Regis 26. 1674. Touching Recognizances Ordo Curiae WHereas on Complaint made this day to the Right Honourable the Lord Keeper Concer ' Irrotulament ' Recogn ' capt ' in Cancellaria c. that a Recognizance acknowledged in this Court the 17th of Jan. 1653. of 1000 l. for payment of 507 l. 10 s. the 6th of March then next was not inrolled till the 1st day of July 1666. and that by an Administrator whereby all the Lands and Tenements of the Cognizor at the time of entring into such Recognizance and charged in the hands of a Purchasor near thirteen years after And his Lordship being informed that several Recognizances as well as this have in ancient times as well as lately have been inrolled though long after the time by Warrant from the Master of the Rolls for the time being without prejudice to all Purchasors between the time such Recognizance ought to be inrolled and the time of the actual inrolment thereof Yet notwithstanding his Lordship taking into consideration the evil and dangerous consequences that may happen and arise to the Subject by suffering Recognizances to be inrolled long after the time of acknowledgment thereof And withall considering that although there be no certain time appointed by Law for the inrolment of such Recognizances as are acknowledged according to the course of the Common Law yet all other Courts have appointed the inrolment of such Recognizances as be acknowledged there to be before the next continuance day or at the farthest before the end of the Term following Doth think the usual time of a year and a day heretofore allowed by this Court for such inrolment to be much too long And therefore in conformity to other Courts as near as may be but chiefly to
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
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
from the Hands of the Clerk of the Hannaper or his Deputy as formerly they have done and for all other Writs and Seals that are in Farm the same Writs are to be delivered at the Subpaena Office to the Farmers thereof or their Deputies who are to that purpose there to attend to receive the Writs and cause them to be carried to the Seal and to be brought back unto them when they are Sealed and then the same Writs are likewise to be fetched from them by the Officers and Clerks who writ and prepared the same Writs for the Seal as is usual which Couâ—se before directed and ordered is to be observed by all those whom it shall concern until his Lordship shall signifie his pleasure to the contrary Tho. Coventry C. S. Jovis 3 die Martii Anno Regni Caroli Regis undecimo 1636. Touching Differences between the Six Clerks and the Examiners Ordo Curiae WHereas the Examiners of this Court have lately Petitioned the Right Honourable the Lord Keeper thereby desiring to be righted against the Six Clerks of this Court in sundry Particulars pretended by the Examiners to be by the Six Clerks encroached upon the Rights of the Examiners Places as namely touching the Returning Copying keeping and Filing of all Examinations and Depositions taken as well by Commission as in Court and touching the Six Clerks exemplifying of Examinations taken in Court by loose Copies and the Examiners claim to write to the Great Seal for the making of their own and their Clerks Attachments of Priviledge and other Writs and also that no Commission to examine Witnesses should be executed in or within 20 Miles of London without special Order from the Court and this day being appointed by his Lordship for the hearing and setling of the difference and his Lordship together with the right Honourable the Master of the Rolls being now attended by both parties and their Council Learned on both sides and the matter being long debated the Examiners to maintain their claim to the said Particulars did produce a Copy of an Ordinance alledged to be made in this Court in 36 Hen. 8. and a Letter written by Mr. Thomas Poule about thirty-years since he being then a Six Clerk of this Court to Mr. Robâ—nson then one of the Examiners and likewise produced another Ordinance of the 5th Car. Regis made by the now Master of the Rolls and by way of President divers Orders made for suppressing and superceding such Commissions executed or endeavoured to be executed in or near London Differences between the Six Clerks and the Examiners touching Exemplifying Examinations Attachments of Priviledge and Commissions to examine Witnesses within 20 miles of London debated but not setled and referred to examination of Presidents and on the contrary the Six Clerks did now produce by way of President divers Commissions some from the beginning of the time of King Hen. 6. and many since from King Henry the 8th's time which have been executed in and near London without exception and as was alledged returned into their Offices and there copied kept and filed and justified their Exemplifying of Examinations taken in Court as properly belonging to them only none but them alone as they pretend having authority to write such Writs as aforesaid unto the Great Seal And as for the said Ordinance pretended to be made in 36 Hen. 8. Mr. Attorney General of Council with the Six Clerks alledged that the same Ordinances make not against the Six Clerks nor do they limit any certain distance of place from this Court for Execution of Commissions nor are they binding besides the said Ordinances are not authentical but conceived by the Six Clerks to be suspitious and entred into the Book of 36 Hen. 8. of late time by one Bayliff without Warrant in a torn Leaf in the very last Page of that Book and that they seemed to be of a much newer hand-writing than the rest of the Book Whereupon his Lordship declared that it is material to find out the Authority of the said Ordinances and when and by whom the same was entred in the Register whether of late time by the said Bayliff as is pretended by the Six Clerks or no which if they were so lately entred the same are fit to be expunged out of the Register and therefore his Lordship doth Order That the Master of the Rolls be attended by both parties herein who is desired to Examine and find out the truth thereof and upon his Honours Certificate further Directions shall be given therein And as for the several Orders and Presidents produced by each party as aforesaid forasmuch as neither party had seen the others Presidents nor knew not upon what either side would insist so that the parties were not at present provided to give answer whereupon his Lordship might ground a resolution It is ordered that each party shall permit and suffer each other to have a sight of the Orders and Presidents produced by either party unto which either side may take what Exceptions they think fit and in case it shall fall out to be necessary for any to be examined upon Oath for clearing of any doubt his Lordship upon knowledg and considering the necessity thereof will give further order therein And thereupon and upon a further hearing thereof his Lordship will finally determine and settle the differences between the said Officers Veneris 25 die Novembris Anno Regni Caroli Regis Duodecimo 1636. Concerning Hearing of Causes Ordo Curiae WHereas by reason of the late Infection the Causes appointed and set down for Michaelmas Term could not then be heard his Lordship taking the same into consideration and desiring to give as much Expedition to those Causes as the season will permit and his Lordship shall be able hath thought fit and doth hereby order that the Causes formerly set down in Michaelmas Term shall now according to their then Order Speeding of Causes because of the Remanets during the Plague and in their due places continue ranked for Hillary Term. And whereas there were only four Causes appointed for every day his Lordship doth propose God willing though it may prove the more labour and trouble unto his Lordship to hear Six Causes to which purpose his Lordship doth also order that six Causes of those already set down be set down for every day and that the Register enter this Order and make a Book of Causes accordingly and give notice to the Six Clerks and their Clerks that they or their Clients if they intend to have their Causes heard do sue out and serve Process ad Audiendum Judicium as is accustomed in the like case against the days now appointed And for such Causes as shall remain unset down his Lordship doth propose God willing to set down those in the first place for Easter Term next Lunae 30 die Januarii Anno Regni Regis Caroli Duodecimo 1636. Priviledge allowed to a Clerk that stood suspended Ordo Curiae WHereas
Clerks hereafter be more careful for the filing all Bills Answers and other Pleadings in due time and that no Clerk hereafter presume upon any pretences whatsoever to Copy any Bill Answer or other Pleadings before they be duly filed Bills Answers and Pleadings to be duly filed and no Copies to be taken thereof till they are filed No Record to be carried out of the Office to be filed and that the Client who delivers any Bill Answer or other Pleading to be so copied before the filing thereof shall be adjudged equally faulty as the other Clerk that shall so copy them And that no Clerk shall deliver any Record to be carried forth of the Offices to be copied And it is further ordered That if hereafter any disobedience by any of the Under-Clerks in that Office shall appear it is thereby ordered That the Six Clerks in whose Office the default shall be found shall forthwith present such default to the said Master and if the same be found true such Clerk or Clerks are hereby disabled to sit any more in that Office as an Under-Clerk or keep any Desk there and shall pay the full Damage and Costs that the party grieved whom it may concern shall be at by such default And it is further ordered That this Order be fixed up forthwith in the Office of the Six Clerks that every one may take notice thereof And his Honour doth further charge and command the Six Clerks that they respectively see these Orders from time to time duly observed as they will answer the contrary at their perils William Lenthall Order of the Master of the Rolls Thursday the 29th of June 1654. Concerning Records to be brought into the Chappel of the Rolls FOr as much as it appears to me and also upon several Complaints made to me and diligent enquiry thereupon that many inconveniences arise to the people of this Nation for that you the respective Officers under my charge do neglect to return and bring into the Chappel of the Rolls all Inrolments Inquisitions and Records in your several charges These are therefore to will and require you and every of you and I do hereby order you the several Clerks the Clerk of the Inrolments and the Clerk of the Petty-Bag to bring into the Chappel of the Rolls all such Inrolments Inquisitions and Records as have been usually brought into the Chappel of the Rolls Clerk of the Inrolments and of the Petty-Bag Inquisitions and Records to be brought into the Chappel of the Rolls and are not yet brought and are now in any of your respective Custodies together with the several and respective Callenders thereof fairly written and delivered to my self at or before the first day of August 1654. that thereby such use may be made of them as shall be for the most advantage and ease of the people and the preservation thereof more immediately under my view and if any of the said Officers shall neglect their duty herein such course shall be forthwith taken for their disobedience by sequestration of their several and respective Offices or otherwise as shall appertain to Justice and according to former Presidents in like cases And it is further ordered That this Order or a true Copy thereof be forthwith delivered to every one of the Officers aforesaid whom it may concern And also that this Order be forthwith fairly written and fixed in every Office that no excuse may be made for want of notice William Lenthall Monday the 23th of July 1655. Concerning Ideots and Lunaticks Ordo Curiae IT is this day ordered That no Order Affidavit or Certificate touching any Ideot Lunatick or Non Compos Mentis shall be made use of in this Court unless the same be filed with Mr. Shadwell the Clerk of the Custodies Order Affidavit or Certificate touching any Ideot Lunatick Non Compos Mentis to be filed with the Clerk of the Custodies within the space of five days inclusive next after the several and respective dates of such Orders Affidavits or Certificates N. F. C. S. J. L. C. S. Thursday the 9th of October 1656. Order on the behalf of the Masters of Chancery in Ordinary WHereas it appears by several Rules and Orders of this Court made by several Lord Chancellors and Lord Keepers that the Masters of the Chancery Extraordinary have been and are restrained from the exercising or doing any manner of Act as Masters of Chancery within the City of London or five miles compass thereof Masters Extraordinary not to act as Masters in Chancery in London or within five miles thereof and the Clerks and Officers of this Court are prohibited to receive or proceed upon any Acts done by the said Masters Extraordinary within the Compass aforesaid Upon consideration whereof had and upon hearing the Masters of Chancery in Ordinary It is this 9th day of October 1656. ordered by the Right Honourable the Lords Commissioners for the custody of the Great Seal of England that the said former Rules and Orders of Court do from henceforth stand revived and continue in force And to the end the same may be the better observed it is further ordered That from and after the 25th day of December next all Masters Extraordinary when they certifie any Answer Affidavit Deed or Recognizanc shall therewith also certifie as well the place where as the time when the same were sworn or acknowledged or in default of such Certificate of the place Masters in Chancery Extraordinary to certifie the time and place of taking any Answer Affidavit Deed or Recognizance or in case the same shall be sworn or acknowledged within London or five miles compass thereof such Affidavit Answer Deed or Recognizance shall not be admitted filed or inrolled without the special License of the Lords Commissioners or Master of the Rolls And that this Order be entred in the Register of this Court and Copies thereof set up and from time to time renewed and preserved for publick view in the Office of the Chief Register Chief Clerk of the Petty-Bag and Clerk of the Inrolments to the end that the said Master Extraordinary and the said Clerks and all Attorneys and other Officers of this Court may take notice and demean themselves accordingly and not otherwise Monday the 16th of February 1656. Of Examination of Witnesses Order of the Court. THe Right Honourable the Lords Commissioners for the Custody of the Great Seal of England taking into their serious Consideration the words of the late Ordinance for regulation touching the Execution of Commissions wherein it declared That after one Commission taken out by the Plaintiff The Plaintiff may take no more Commissions than one to examin Witnesses and not executed the Plaintiff shall be utterly debarred from exaamining any further Witnesses in his Cause Their Lordships are clear of Opinion that notwithstanding the literal sense of the said Regulation the Plaintiff in any Cause depending in this Court may have liberty to examin his Witnesses
Bills Answers and other Pleadings of Clients in Causes wherein the Plaintiffs or first Plaintiffs Sirname shall begin with A. B. C. D. F. or Y. and all Proceedings thereupon in the said Six Clerks Offices be from henceforth received filed bundled and kept by Mr. Pyndar and Mr. Bluck or one of them and their Successors in their Offices respectively and by no other And all Bills Answers and other Pleadings of Clients in Causes wherein the Plaintiffs or first Plaintiffs Sirname shall begin with E. G. H. J. K. L. M. N. or O. and all Proceedings thereupon in the said Six Clerks Offices be from henceforth received filed bundled and kept by Sir Cyrill Wych and Mr. Wilkinson or one of them and their Successors in their Offices respectively and by no other And all Bills Answers and other Pleadings of Clients in Causes wherein the Plaintiffs or first Plaintiffs Sirname shall begin with P. Q. R. S. T. V. W. X. or L. and all other proceedings thereupon in the said Six Clerks Offices be from henceforth received filed Bundled and kept by Sir John Marsham and Mr. Longville or one of them and their Successors respectively and by no other in manner as formerly hath been done by the Six Clerks And that all Cross Bills Bills of Reviver and Bills of Review and all proceedings thereupon be revived filed bundled and kept in the same Division of Letters where the former Suit touching the same matter began and not elsewhere and all Exemplifications Writs and Copies of or concerning the same Bills Answers Pleadings and Proceedings thereupon be made and expedited by them to whom the reviving filing bundling and keeping of the Records doth belong according to the allotments of Letters aforesaid and by no other And it is further ordered and ordained That if at any time hereafter there shall happen any difference to arise betwixt any of the Six Clerks touching any of their Under-Clerks or touching their Clients or their Causes or touching the filing of any Bill Answer or Pleading or other thing according to the division of Letters aforesaid or any other matters of their Offices that then the said differences be from time to time examined by the rest of the Six Clerks for the time being whom such difference for the present shall not concern who are to decide and determine the same or otherwise to certifie the true state of the Fact with their Opinion to the Master of the Rolls And because it is very manifest that these misdemeanours and enormities are gotten into the Office of the Six Clerks by the liberty and license which the inferiour Clerks have of late assumed to themselves and by their withdrawing their Obedience from and their dependence upon the Masters of the several Offices in which they write and by receiving too many Clerks of little or no experience into the several Offices It is likewise further ordered and ordained that every of the Six Clerks shall be limited and stinted to twelve Clerks Every Six Clerk to be stinted to 12 Under-Clerks at the most to serve immediately under him whereof fix at the least shall be expert in writing the Chancery Letter and every of those twelve shall take a Corporal Oath before the Master of the Rolls not to imbezil falsifie corrupt raze or deface any Bills Answers Pleadings Commissions Depositions Warrants Decrees Dismissions or other Records whatsoever belonging to the High Court of Chancery and to deliver forthwith unto the Six Clerks respectively or his Deputy unopened all Commissions and Depositions that shall come to their hands to be kept safely and secretly by the Six Clerk till publication and after being copied forthwith to return them Orders heretofore used in Chancery With such Alteration and Additions as the Right Honourable Edward Earl of Clarendon Lord High Chancellor of England with the Assistance of the Honourable Sir Harbottle Grimston Baronet Master of the Rolls have thought fit to Ordain Bills THat no Counsellor do put his Hand to any Bill How Counsellors are to demean themselves in drawing Bills Answer or other Pleading unless it be drawn or at least perused by himself in the Paper-draught before it be Ingrossed which they shall do well for their own discharge to sign also after perusal and Counsel are to take care that the same be not stuffed with the repetition of Deeds Writings or Records in haec verba but the effect and substance of so much of them only as is pertinent and material to be set down and that in brief terms without long and needless traverses of points not traversable tautologies multiplication of words or other impertinencies occasioning needless prolixity to the end the ancient brevity and succinctness in Bills and other Pleadings may be restored and observed much less may any Counsel insert therein matter meerly criminal or scandalous under penalty of good Costs to be laid on such Counsel to be paid to the party grieved before such Counsel be heard in Court If there be matter scandalous in a Bill Bill scandalous a Master of Chancery is to expunge it and to tax Costs for the Party scandalized but if on such reference the Master Reports the Bill not scandalous the Party procuring such reference shall pay Costs to the Plaintiff for such his reference That all Bills be dated the same day they are brought into the Six Clerks Office Bills to be dated the same day they are brought into the Office and that no Six Clerk presume to antidate any Bill and that no Under-Clerk presume to keep any Bill by him but with the first opportunity deliver the same to the Six Clerk or his allowed Deputy in his absence to be accordingly filed No Bill Answer or other Pleading shall be said to be of Record or to be of any effect in Court until the same be filed with such of the Six Clerks with whom it ought properly to remain Subpoena's THat all Plaintiffs may have liberty to take forth Subpoena's ad respondendum before the filing of their Bills if they please notwithstanding any late Order or Usage to the contrary That every Subpoena to Answer How every Subpoena is to be served Revive Review Rejoyn to Testifie or to hear Judgment shall be served personally or left at the Defendants dwelling-House or place of Residence with one of the Family And no Clerk of this Court shall issue any Attachment for not appearing but upon Affidavit first made Affidavit to be made of the Service positive and certain of the day and place of such Service of the Subpoena and the time of the Return thereof whereby it shall appear that such Service was made if in London or within twenty miles thereof four days at the least excluding the day of such Service Attachment for not appearing and if above twenty miles then to have been eight days before such Attachment entred and that such Attachment shall not be discharged but upon payment of usual Costs and
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
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
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
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