Consideration the present state of the Office of Registring Affidavits in this Court and the necessary use thereof and observing upon what just and honourable grounds the same was first Instituted and Erected by our late Sovereign Lord King James of blessed Memory for preventing the embezilling and falsifying of Affidavits whereby the Court hath been often abused the course of Justice interrupted and the Suitor apparently wronged or unduly prejudiced and finding withal That notwithstanding the said late Kings express Commandment by Letters Patents under the Great Seal of England and since revived by his Majesty that now is by like Letters Patents dated the 18th of December last for prohibiting the making or entring of any Order Attachment Commission or other Process or Procedings of the Court grounded upon an Affidavit except such as properly belong to the Supplicavit Office till the Affidavit were first Filed and Registred in the Affidavit Office And notwithstanding special Orders of the Court heretofore made to that purpose and by Directions both publickly and upon private Petitions given for due observation thereof yet the same hath been of late years so much neglected as it is now found necessary for the honour of the Court the good of the Suitor and the righting of the Officer to give reformation thereunto It is therefore upon due consideration of the Premisses Ordered by their Honours That all Affidavits of this Court except those only which belong to the Supplicavit Office shall before the same be exhibited in Court or otherwise produced to ground any Orders Writs Process or Proceedings of Court thereupon be brought into the said Office for Registring Affidavits and be there duly Filed and Registred All Affidavits except those that belong to the Supplicavit Office before they be read in Court to be first Filed and Registred in the Affidavit Office and attested by a Copy thereof under the Officers hand and that no Copy of Affidavit be made or subscribed but by the sworn Register of Affidavits No Copy of Affidavit to be subscribed but by the sworn Register of Affidavits or his Deputy for the time being and that no Councel at Law nor any of the six Clerks or other Clerks or Officers of this Court nor any Solicitors of Causes there depending shall from henceforth offer to read or give in Evidence to the Court any Affidavit that is not first Filed and Registred in the said Affidavit Office and attestation thereof given by a Copy under that Officers Hand or his Deputy And that neither the six Clerk nor any of the Cursitors nor the Register of the Court their Clerks or Deputies do make pass or enter any Orders for Attachments Commissions of Dedimus potestatem or other Commissions Writs Processes or proceedings grounded upon an Affidavit unless the said Affidavit be first Filed and Registred in the Affidavit Office Six Clerks Cursitors Register of the Court not to pass or enter any procâ—ss grounded upon an Affidavit unless they be first filed as aforesaid And that all Clerks of the Court and Solicitors of Causes there do before the last day of this Hillary-Term bring in all such Original Affidavits as are remaining in their Hands into the said Office and cause them to be duly Filed and Registred at their Perils All which particulars their Honours do straighly charge and require to be from henceforth duly observed that his Majesties express Commandment therein be not contemned or neglected Tho. Coventry C. S. Jul. Cesar Veneris 7 die Martii Anno Regni Caroli Regis Quinto 1629. Concerning Commissions for Examination of Witnesses Ordo Curiae VVHereas Complaint hath been made unto me by the Examiners of this Court that divers Commissions Ad Examinand ' Testes have issued under my Name which have been executed in or near London in such secret manner that the Examiners have not been able to get timely notice for suppressing of the same Forasmuch as I find by the Ancient Constitutions and Ordinances of the Court that no Commission Ad Examinand ' Testes ought to be granted but for Age Impotency and remote distance of place And by the general and approved practice of the Court all Examinations of Witnesses in or near London have been taken by the Examiners in their Office and not by Commission unless by stealth as aforesaid or by special Order of Court And because the issuing and executing of such Commissions contrary to the said Order and Usage of the Court is a great wrong and discredit to the Examiners and their place who with their Clerks do give daily attendance at the Rolls as well in the Vacation as Term-time for the more speedy dispatch of such Witnesses as are to be examined in or near London upon Causes depending in Chancery and for the parties to decline the sworn Officers of the Court constituted for that purpose without any just exception against them giveth cause to suspect the same to be done for sinister purposes Examinations taken in Court being always esteemed better and more indifferent there taken than by Commission I have thought fit for preventing the said Wrong and Abuse for the time to come hereby to declare and make known That I do therefore Order and Require the six Clerks and such their Clerks and under Clerks who do write Commissions to forbear to make or cause to be executed in or near London any Commission Ad examinandum Testes The six Clerks or under Clerks not to make or cause to be executed any Commission Ad examinand ' Testes in or near London in or under my Name and if any such Commission shall be hereafter made in my Name I do hereby likewise declare That I will both disavow the same as Irregular and contrary to Order and do resolve to question them for doing thereof All which I have the rather been moved to declare and make known out of the indifferent and equal respect I bear to all parties and my care and desire that each Officer under me should contain themselves within their own proper Bounds without incroaching the one upon the other that so I may preserve and leave things in the same state and order wherein I found them without innovation or alteration At the Rolls this 7th of March 1629. Jul. Cesar Jovis 17 die Novembris Anno Regni Caroli Regis septimo 1631. Touching Contempts Ordo Curiae THE Right Honourable the Lord Keeper finding much inconvenience and prejudice to fall upon divers of his Majesties Subjects who are Suitors in this Court by the undue proceedings of such as sue out the Process of the Court upon Contempts the same oftentimes running out to a Commission of Rebellion or to a Serjeant at Arms before the party against whom the Process made out hath had notice of the precedent Process issued forth against him which is occasioned by reason the said Processes are oftentimes made unto a County where the Party is not resident and when it is made
into the right County by reason of an unusual neglect and want of endeavour in the Prosecutor to get the same executed the Sheriff returneth a Non est inventus or a Proclamari feci and sometimes that Return made by others in the Sheriffs name in an ordinary course His Lordship therefore to remedy such Inconvenience and Abuse hereafter and to prevent the vexation of the Subject in this kind doth think fit and Order That all Process hereafter to be made upon any Contempt be made out into the proper County where the party against whom the same Process issueth shall be resident or dwelling unless he shall be then in or about London All Process made upon Contempt to be made out into the proper County where the party is resident unless in or about London in which case it may be directed into the County where he shall then be that it may be served upon him there and that every Suitor who prosecuteth Process of Contempt against any of his Majesties Subjects shall do his best endeavour to procure the said Process to be duly executed He who prosecuteth for Contempt to do his best endeavor that the precedent Process be duly executed and the supposed Contemners to be apprehended thereby and if any be hereafter arrested upon a Proclamation or Commission of Rebellion or by the Serjeant at Arms and shall make it appear unto the Court by proof that the Prosecutor of those Processes hath not done his best endeavour to have had the first and precedent Process duly executed as by the Order is required then the party so offending shall pay unto the other party grieved very good Costs for his wrongful vexation contrary to the direction of this Order And his Lordship doth also Order That notice be given thereof to the Officers and Clerks of the Court that so their Clyent may have knowledge thereof that the same may be observed accordingly Jovis 28 die Februarii Anno Regni Caroli Regis Octavo 1632. Concerning Affidavits Ordo Curiae VVHereas the Right Honourable the Lord Keeper of the Great Seal of England and the Master of the Rolls have by an Order of this Court dated the 23th day of January Antea An. 1629. in the 5th year of his Majesties Reign Ordered and straightly charged and required That all Affidavits of this Court except those only which belong to the Supplicavit Office should before the same be exhibited in Court or otherwise produced to ground any Order Writs Process or Proceedings of Court thereupon be brought into the Office of Registring Affidavits and be there duly Filed and Registred and that no Copy of Affidavits be made or subscribed but by the sworn Register of Affidavits or his Deputy for the time being and that no Counsellor at Law nor any of the six Clerks or other Clerks or Officers of this Court nor any Solicitor of Causes there depending should from thenceforth offer to read or give in Evidence to the Court any Affidavit that is not first Filed and Registred in the said Affidavit Office and attestation thereof given by a Copy under that Officers Hand or his Deputy and that neither the six Clerk nor any of the Cursitors nor the Register of this Court their Clerks or Deputies do make pass or enter any Order for Attachments Commissions Writs Process or Proceedings grounded upon any Affidavits unless the said Affidavit be first Filed and Registred in the Affidavit Office as aforesaid and that all Clerks of the Court Solicitors of Causes there should by the end of Hillary-Term then next following bring into the said Office all such Original Affidavits as should remain in their Hands and cause the same to be there duly Filed and Registred at their Peril All which notwithstanding many Original Affidavits have not been brought into nor Filed in the said Office as in and by the said Order was required but contrarywise many Affidavits have since been read and used in Court and Orders and proceedings have been thereupon made drawn up and entred before the said Affidavits have been Filed and Registred in the said Affidavit Office And whereas also many Affidavits have been and are brought into the Register of the Affidavit Office by the parties themselves whose Cause the same concerneth and by others for many Weeks Months and some Years after the same Affidavits sworn with sundry Interlineations sometimes in another Hand oftentimes a Line or two struck out usually blotted or altered in one place or another not without apparent suspition of being corrupted and falsified after the Master of this Court his Hand put thereunto or use made thereof upon Motion in Court or Orders or Process thereupon grounded Now upon due consideration had by their Honours of the Premisses It is this present day Ordered and by their Honours strictly given in charge and commanded That the said Order of the 23th of January in the said fifth year of his Majesties Reign shall be henceforth both at the Court at Westminster at the Seals and at the Rolls by the Officers of this Court and all others whom the same doth or may concern duly observed and kept at the perils of such as in contempt of this Honourable Court shall presume wilfully or negligently to decline or not observe the same And further it is Ordered by their Honours That neither the Register of this Court his Clerk or Deputies shall or do at any time hereafter draw up sign or set his or their Hand or Hands unto any Order whatsoever grounded upon an Affidavit unless the Affidavit be first Filed and Registred with the Register of the Affidavits Filing Affidavits vide antâ— f. 10. and attestation thereof brought and shewed to the said Register of this Court his Clerk and Deputies under the Hands of the said Register of the said Affidavits or his Deputy attending in the said Office And it is further Ordered by their Honours That no Master of this Court shall accept of or take the Oath of any person to an Affidavit except the same be fairly and handsomely writ in one hand without blotting or interlining Affidavits to be fairly written in one Hand without blotting or itnerlineation otherwise no use to be be made of them in Court and in case any Affidavit shall escape the said Master of this Court and pass so blotted and interlined under their or any of their Hands It is further Ordered That the Register of Affidavits or his Deputy shall thereupon refuse the same and that afterwards no use shall be thereof made in any of the proceedings of this Court. And lastly It is wished and directed by their Honours That all Affidavits taken or henceforth to be taken before any Master of this Court be brought unto the said Register of the Affidavits or his Deputy for the time being to be there Filed and Registred in some due and convenient time after the same be sworn unto Affidavits to be Filed in
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
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
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
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
of Bills EVery Bill upon a Subpoena retornable immediate is to be filed before rhe said issuing of the said Writ and upon a Subpoena retornable on a day certain the Bill to be filed within two days after the day of the Retorn and all others on common Retorns to be filed within four days after the last day of such Retorn If the Defendants do appear according to the respective Retorns of the Writs And if the Bill be not Exhibited accordingly then the Defendant to be dismissed with four Nobles Costs III. The day to be set down of the filing of every Bill Plea Demurrer Exception Replication and Rejoinder THe day of Exhibiting of every Bill and the putting in of all Pleas Demurrers Exceptions Replications and Rejoinders to be set upon the same and to be then signed by the Attorney that is towards the same and likewise the day of every Defendants appearance entred in the Book of Appearances and no Bill to be accepted till the same be signed by the Attorney for the Plaintiff and allowed by one of the Barons except at the Suit of His Majesty's Attorney General IV. Times of Appearances upon Subpoena's IF the Defendant do not appear on the next day after service of Process retornable Immediate or on the second day on Process retornable on a day certain or on the fourth day of every Common Retorn then upon Oath of due Service an Attachment is to be awarded and all Affidavits to be made in London or Middlesex and before any of the Barons be written in Exchequer hand in Parchment V. Touching Contempts THat after an Attachment is retorned for a Contempt by English Bill the next Process shall be an Attachment with Proclamation and upon the retorn thereof a Commission of Rebellion and upon retorn thereof such other Proceedings as the Court upon Motion shall direct and that the Costs be paid by each Defendant named in every of the said Processes that is to say every person in an Attachment to pay ten shillings Attachment 10 s. every person in every Proclamation to pay twenty shillings Proclamation 20 s. every person in every Commission of Rebellion to pay two pounds thirteen shillings and four pence Commission of Rebellion 2 l. 13 s. 4 d. and all Costs to be paid either by the Plaintiff or Defendant or their respective Attornies in Court before any further proceedings be had on their behalf respectively and that there be in all Process of Contempt in London and Middlesex and within fifteen Miles thereof six days 6 days and in all other Counties within sixty miles of London ten days 10 days and for all other Counties 15 days fifteen days between the Teste and Retorn of each Process unless the Court shall order Process retornable immediate And in any Case where the Sheriff shall retorn a Cepi Corpus upon Process of Contempt after a Rule of four days given to bring in the Body and the Body not brought in then upon a Motion a Messenger A Messenger to go and bring in such Defendant VI. ANSWERS Time for Defendants to put in their Answers EVery Defendant shall put in his Answer within eight days after his Appearance and the Bill filed as aforesaid if the Bill shall be filed in the Term or within two days after in case he doth not desire a Commission to Answer which is to be entred under his Appearance and to be retornable the beginning of the following Term and no Defendant living within fifteen miles of London 15 Miles no Commission to have a Commission but by special Order of the Court and all Defendants living within fifty miles of London appearing upon a Process retornable the first Retorn of Easter or Michaelmas Terms Defendants to answer the same Term of the first retorn and desiring a Commission to answer are to retorn such Commission by the end of the same Term and every Defendant taking or craving a Commission to answer is to Rejoin gratis Rejoin gratis and join in Commission to examine Witnesses or else the Plaintiff to have a Commission ex parte within a Week after the end of the Term and in default of putting in his Answer as aforesaid an Attachment is to be awarded against him Attachment three weeks before Term. And where a Commission is prayed but not taken out within three Weeks of the beginning of the next ensuing Term except Trinity Term in such case Process of Contempt to issue retornable the first day of the said next Term. VII Touching Answers No Demurrer if in Contempt EVery Defendant who shall not answer according to the Rule of the Court but desires a Commission to take his Answer on taking forth such a Commission shall not put in a Demurrer or Dilatory Plea but may put in an Answer or Plea in barr unless otherwise ordered by Motion in Court VIII Payment of Costs upon Contempts for want of Appearances or Answers EVery Defendant that is in Contempt shall pay his Costs to the Plaintiff or his Attorney in Court before his Appearance or Answer be accepted and no Defendant in Contempt shall put in a Demurrer or Dilatory Plea IX Times of setting down Demurrers Pleas c. WHere the Defendant shall put in a Plea or Demurrer the same is to be set down by the Defendant by the Saturday sevennight following or else the Plea and Demurrer is to stand over-ruled And in case the Plea and Demurrer do stand over-ruled as aforesaid or be over ruled at the hearing the Defendant is forthwith to pay to the Plaintiff Plea over ruled 40 s. or his Attorney in Court forty shillings Costs and after his Answer to rejoin gratis and join in Commission as aforesaid And in case the Plea or Demurrer be orderd to stand good the Plaintiff to pay to the Defendant or his Attorney in Court thirty shillings Costs Good 30 s. and if the Demurrer be to the whole Bill If the whole Bill the Defendant dismist If put in Answer two days c. and be admitted by the Plaintiff or allowed by the the Court the Defendant to stand dimissed with Costs And if the Defendant will put i … s Answer two days before the day appointed for the hearing of the said Plea and Demurrer or sooner and give notice thereof to the Plaintiffs Attorney he is to pay to the Plaintiff twenty shillings Costs X. Pleas of Outlawry UPon a plea of Outlawry in case the same be admitted by the Plaintiff or adjudged good and the Outlawry after Reversed then the Plaintiff having paid the Costs on the Plea New Subpoena may take forth a new Subpoena against the Defendant to answer the said Bill XI Admitting of Pleas and Demurrers to be good IF the Plaintiff or his Attorney in Court shall two days before a Plea is appointed to be heard or sooner give notice to the Defendant or his Attorney in Court that he will reply to the same
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
certain and open place where the persons that do the same may be seen and known rather than in private Studies or Houses for the more proper and solemn dispatch of the aforesaid business and for the better encouragement of the aforesaid Masters in the due discharge of their places be it enacted by the Kings Most Excellent Majesty by and with the advice and consent of the Lords and Commons assembled in Parliament and by the Authority of the same That from and after the three and twentieth day of October in the present year of our Lord 1661. there shall be one Publick Office kept and no more as near to the Rolls as conveniently may be in which the Masters some or one of them shall constantly attend for the administring of Oaths caption of Deeds and Recognizances and the dispatch of all matters incident to their Office references upon Accounts and insufficient Answers only excepted from the hours of seven of the Clock in the Morning until twelve at Noon and from two in the Afternoon until six at Night and that from henceforth it shall and may be lawful to and for the Masters of the Chancery in Ordinary now being and which hereafter for the time to come shall be to demand and take the several Fees hereafter expressed that is to say For every Affidavit or Oath taken in the Office 12 d. For every Bill of Costs to be taxed by them for the Plaintiffs not putting in his Bill or not proceeding to Reply or for the Defendants not Appearing in due time 2 s. 6 d. For the acknowledgment of every Deed to be enrolled 2 s. For the caption of every Recognizance 2 s. For every Exemplification examined by two of the said Masters to each of the said Masters who shall examine the same for every Skin of Parchment so examined 2 s. For every Report or Certificate to be made in persuance of any Order made upon the hearing of the Cause 1 l. And for every other Certificate or Report of any Order made upon Petition or Motion only 10 s. to be paid by the party that takes out the Report or Certificate 10 s. Any Law Statute or Custom to the contrary hereof in any wise notwithstanding And be it further enacted by the Athority aforesaid That if the said Masters of Chancery or any of them shall hereafter directly or indirectly by any Act Shift Colour or Device have take or receive any Mony Fee Reward Covenant Obligation Promise or any other thing for his Report or Certificate in Writing or otherwise or for any other the matters in the Act expressed other than the respective Fee or Fees in the Act before mentioned that then every such Master being thereof legally convicted shall thenceforth be disabled from the execution of his said Office of Master of the Chancery in Ordinary and also shall forfeit and lose for every such Offence to the party grieved in that behalf so much Mony as he or they shall take contrary to this present Act and moreover shall lose and forfeit 100 l. Sterling whereof one moiety shall be to our Sovereign Lord the King His Heirs and Successors and the other moity to the party grieved in that behalf who shall sue by Action of Debt Bill Plaint Information or otherwise in any of the King's Courts for the recovery of the same in which Action no Essoign Protection or Wager of Law shall be allowed Mercurii 12 die Feb. Anno Regni Caroli II. Reg. 14. 1662. Priviledge Writs and Writs in Forma Pauperis Ordo Curiae WHereas the Right Honourable the Lord High Chancellor of England was this day informed by Mr. Collins on the behalf of several Officers and Clerks of the Court that all small Writs which pass the Great Seal for all priviledged persons and for such as are admitted to sue in this Court in Forma Pauperis and renewed Writs were and usually have been by ancient course delivered to the person for whom such Writs have been sealed or to their Clerks without paying of any Fee therefore until of late that one Mr. Hutton a Clerk or Deputy to the Right Honourable the Lord Newburgh through whose Office all Writs of that nature do pass hath refused to deliver the same without paying of Fees for the Seals thereof his Lordship doth order that all Writs which shall be Sealed for priviledged persons Priviledge Writs and Pauper Writs to be sealed without Fee and for Suitors to this Court in Forma Pauperis and renewed Writs be from henceforth delivered to the persons for whom the same shall be Sealed or to their Clerks without paying or giving any Fee for the same And the said Hutton is required to observe this Order and to conform thereunto accordingly Mercurii 20 die Aug. Anno Regni Caroli II. Regis 14. 1662. Touching Inrolments of Patents Ordo Curiae WHereas upon the Humble Petition of the Six Clerks of His Majesty's High Court of Chancery on the 29th of April last preferred to the Right Honourable the Lord High Chancellor of England shewing that it having been their ancient and undoubted Right to inroll the Warrants of all such Leases as pass the Great Seal which they peaceably and quietly enjoyed until about the tenth year of the late King one Baseley by colour of a Patent to him granted of inrolling the King's Deeds did prefer several Petitions to the said late King and to the then Commissioners for exacted Fees the Lord Keepers Coventry Finch and Littleton that all such Warrants might be delivered to him to be inrolled But upon hearing the Six Clerks he had no relief but the Six Clerks and their Predecessors enjoyed their ancient Rights therein and in the 11th year of the said late King the Lord Coventry upon careful examination thereof with the concurrent opinion of the then Master of the Rolls and Sir John Banks then Attorney General did amongst other of the Six Clerks Rights certifie the said late King under his Hand that it was the Right of the Six Clerks to inroll all Warrants for Parents whatsoever and that it was the right of the Clerk of Inrolments to inroll all Recognizances c. in the Close Rolls which were made from Subject to Subject or from the Subject to the King for the Subjects benefit for the accustomed Fee and if the Attorney General or Solicitor require it to inroll any Deed or Writing made to his Majesty for his own use without Fee Whereupon the said late King in the said 11th year of His Reign confirmed the said Rights amongst others to the Six Clerks and the Clerk of the Inrolments with an Inhibition to all others to intermeddle with their said Rights Nevertheless Mr. Kipps upon a claim by Mr. Hains by colour of the like Grant to him as formerly to Baseley refuseth to deliver such Warrants of Leases that lately passed the Great Seal to them to be inrolled And therefore they humbly prayed his Lordship to order Mr. Kipps to
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