hands by the time aforesaid William Lenthall C. S. Lunae 1. Aprilis Anno 1650. Concerning Prisoners Ordo Curiae IT is this day Ordered by the Right Honourable the Lords Commissioners for the custody of the Great Seal of England that such Prisoners now in the Custody of the Warden of the Fleet Prisoners in the Fleet not worth 5 l. to have their Liberties by Habeas Corpus who have made Affidavits according to the late Act of Parliament for Prisoners that are not worth 5 l. shall have their Liberty by their Habeas Corpus upon their own Security to be given to the Warden of the Fleet. Veneris 21 die Junii 1650. Touching the Six Clerks Ordo Curiae WHereas only Mr. Hales one of the Six Clerks of this Court gave his Attendance this Morning sitting the Court at the entring into the hearing of the Cause wherein Kitchen is Plaintiff against Meredith Defendant Fine on a Six Clerk for not attending at an Hearing and the rest of the Six Clerks made default It is therefore this present day Ordered that such of the Six Clerks who so made default of their attendance and service to this Court at the beginning of that Cause be fined 10 s. a-piece to the Poor and the Usher of this Court is to receive the same to the use aforesaid Lunae 17 die Febr ' Anno 1650. Pleas and Demurrers Ordo Curiae THe Right Honourable the Lords Commissioners for the Custody of the Great Seal of England taking notice of many inconveniences by the entring Demurrers in the Paper after the same is set up in the Registers Office Plea and Demurrer to be put into the Paper at least two days before the hearing such Plea or Demurrer and after such Paper put in the Registers Office no alteration to be made therein whereby the other Side is many times surprized do think fit and order That from henceforth the Registers do not enter any Plea or Demurrer in the Paper at the instance of any person or Warrant for setting down the same on any certain day unless the Suitor shall bring such Order or Warrant to the Register to be so entred at least two days before the day appointed for hearing such Demurrers or Plea and that after such Paper made and set up in the Registers Office no addition or alteration shall be made therein Jovis 31. die Decembris Anno Regni Car ' Regis 16. 1640. The Nobility Answering Ordo Parl ' ORdered upon the Question Nemine Contradicente That the Nobility of this Kingdom and Lords of the Upper House of Parliament are of Ancient Right to answer in all Courts as Defendants Peers of the Realm to answer in all Courts upon Protestation of Honour only upon protestation of Honour only and not upon the Common Oath and that the said Order and this Explanation doth extend to all Answers and Examinations upon Entries in all Causes as well Criminal as Civil and in all Courts and Commissions whatsoever and also to the persons of the Widows and Dowagers of the Temporal Peers So the Widows and Dowagers of Temporal Peers of the Land and that the Lord Keeper of the Great Seal of England for the time being or the Speaker of the Lords House for the time being do forthwith give notice of it together with the explanation to all the Courts of Justice and the Judges Clerks and Registers of them by causing our former Order with this explanation to be recorded in all Courts and that all Orders Constitutions or Customs entred or practised to the contrary whensoever may be abolished and declared void and the Lord Keeper of the Great Seal for the time being or Commissioners of the Great Seal out of Parliament-time shall see all practice to the contrary hereafter to be punished with exemplary severities to deter others from the like attempts Jo. Browne Cleric ' Parl ' Lords Commissioners Wednesday the 15th of Octob. 1651. Concerning Examiners Ordo Curiae UPon motion this day made unto the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England by Mr. Rich and Mr. Raven on the behalf of the Examiners of this Court touching an abuse by some persons of late often committed in taking out and executing Commissions in and about London contrary to the General and Known Rules and Practice of this Court that no Commission shall be executed in London No Commission to be executed in London or w thin 20 miles thereof or within twenty miles thereof and several Orders of Court heretofore made in confirmation thereof their Lordships do appoint the Examiners to attend them with the Orders and Presidents of the Court in this Case and they will then be pleased to give such order for relief of this abuse as shall be just Lords Commissioners Fryday the 18th of June 1652. Concerning Motions Ordo Curiae WHereas heretofore Thursday in every Week in the Term-time was appointed by the Right Honourable the Lords Commissioners c. for the hearing of Motions and so observed for several Terms together to the great benefit of the Suitors but of late the said Custom hath been let fall without any Direction or Order from their Lordships and Causes appointed to be heard every day except the First and last through the whole Term. Their Lordships upon the motion of Mr. Chute do order that from henceforth Thursday in every week in the Term-time to be observed for motions only Thursday in every week in the Term-time unless when it happens to be the the second of the beginning or the last day save one of the end of the Term to be observed for hearing of Motions only and the Six Clerk as also the Secretary are to take notice thereof and not to tender or procure any Cause to be set down for hearing on that day Thursday the 16th of March 1653. An Order made by the Honourable William Lenthall Esq Master of the Rolls for the better ordering and safe-keeping the Records in the Six Clerk Offices FOr as much as there have been Complaints lately made to the Honourable the Master of the Rolls of divers Records lost or so mislaied in the Six Clerks Offices that they are not to be found which abuse and other mischiefs upon enquiry he finds to grow from the great neglect of due filing of Bills Answers and other Pleadings and carrying them out of the Office to be copied and lying scattered up and down the Offices in the Under-Clerks Seats His Honour taking consideration thereof and for redress for the future doth order and command all the Clerks in the said several Offices that they forthwith turn over all Bills Answers and Pleadings which they have in their several custodies or have delivered out to be copied and which ought to have been turned over and filed before this time to the end they may be all forthwith filed with the several Six Clerks for their safe custody And that all the
Clerks hereafter be more careful for the filing all Bills Answers and other Pleadings in due time and that no Clerk hereafter presume upon any pretences whatsoever to Copy any Bill Answer or other Pleadings before they be duly filed Bills Answers and Pleadings to be duly filed and no Copies to be taken thereof till they are filed No Record to be carried out of the Office to be filed and that the Client who delivers any Bill Answer or other Pleading to be so copied before the filing thereof shall be adjudged equally faulty as the other Clerk that shall so copy them And that no Clerk shall deliver any Record to be carried forth of the Offices to be copied And it is further ordered That if hereafter any disobedience by any of the Under-Clerks in that Office shall appear it is thereby ordered That the Six Clerks in whose Office the default shall be found shall forthwith present such default to the said Master and if the same be found true such Clerk or Clerks are hereby disabled to sit any more in that Office as an Under-Clerk or keep any Desk there and shall pay the full Damage and Costs that the party grieved whom it may concern shall be at by such default And it is further ordered That this Order be fixed up forthwith in the Office of the Six Clerks that every one may take notice thereof And his Honour doth further charge and command the Six Clerks that they respectively see these Orders from time to time duly observed as they will answer the contrary at their perils William Lenthall Order of the Master of the Rolls Thursday the 29th of June 1654. Concerning Records to be brought into the Chappel of the Rolls FOr as much as it appears to me and also upon several Complaints made to me and diligent enquiry thereupon that many inconveniences arise to the people of this Nation for that you the respective Officers under my charge do neglect to return and bring into the Chappel of the Rolls all Inrolments Inquisitions and Records in your several charges These are therefore to will and require you and every of you and I do hereby order you the several Clerks the Clerk of the Inrolments and the Clerk of the Petty-Bag to bring into the Chappel of the Rolls all such Inrolments Inquisitions and Records as have been usually brought into the Chappel of the Rolls Clerk of the Inrolments and of the Petty-Bag Inquisitions and Records to be brought into the Chappel of the Rolls and are not yet brought and are now in any of your respective Custodies together with the several and respective Callenders thereof fairly written and delivered to my self at or before the first day of August 1654. that thereby such use may be made of them as shall be for the most advantage and ease of the people and the preservation thereof more immediately under my view and if any of the said Officers shall neglect their duty herein such course shall be forthwith taken for their disobedience by sequestration of their several and respective Offices or otherwise as shall appertain to Justice and according to former Presidents in like cases And it is further ordered That this Order or a true Copy thereof be forthwith delivered to every one of the Officers aforesaid whom it may concern And also that this Order be forthwith fairly written and fixed in every Office that no excuse may be made for want of notice William Lenthall Monday the 23th of July 1655. Concerning Ideots and Lunaticks Ordo Curiae IT is this day ordered That no Order Affidavit or Certificate touching any Ideot Lunatick or Non Compos Mentis shall be made use of in this Court unless the same be filed with Mr. Shadwell the Clerk of the Custodies Order Affidavit or Certificate touching any Ideot Lunatick Non Compos Mentis to be filed with the Clerk of the Custodies within the space of five days inclusive next after the several and respective dates of such Orders Affidavits or Certificates N. F. C. S. J. L. C. S. Thursday the 9th of October 1656. Order on the behalf of the Masters of Chancery in Ordinary WHereas it appears by several Rules and Orders of this Court made by several Lord Chancellors and Lord Keepers that the Masters of the Chancery Extraordinary have been and are restrained from the exercising or doing any manner of Act as Masters of Chancery within the City of London or five miles compass thereof Masters Extraordinary not to act as Masters in Chancery in London or within five miles thereof and the Clerks and Officers of this Court are prohibited to receive or proceed upon any Acts done by the said Masters Extraordinary within the Compass aforesaid Upon consideration whereof had and upon hearing the Masters of Chancery in Ordinary It is this 9th day of October 1656. ordered by the Right Honourable the Lords Commissioners for the custody of the Great Seal of England that the said former Rules and Orders of Court do from henceforth stand revived and continue in force And to the end the same may be the better observed it is further ordered That from and after the 25th day of December next all Masters Extraordinary when they certifie any Answer Affidavit Deed or Recognizanc shall therewith also certifie as well the place where as the time when the same were sworn or acknowledged or in default of such Certificate of the place Masters in Chancery Extraordinary to certifie the time and place of taking any Answer Affidavit Deed or Recognizance or in case the same shall be sworn or acknowledged within London or five miles compass thereof such Affidavit Answer Deed or Recognizance shall not be admitted filed or inrolled without the special License of the Lords Commissioners or Master of the Rolls And that this Order be entred in the Register of this Court and Copies thereof set up and from time to time renewed and preserved for publick view in the Office of the Chief Register Chief Clerk of the Petty-Bag and Clerk of the Inrolments to the end that the said Master Extraordinary and the said Clerks and all Attorneys and other Officers of this Court may take notice and demean themselves accordingly and not otherwise Monday the 16th of February 1656. Of Examination of Witnesses Order of the Court. THe Right Honourable the Lords Commissioners for the Custody of the Great Seal of England taking into their serious Consideration the words of the late Ordinance for regulation touching the Execution of Commissions wherein it declared That after one Commission taken out by the Plaintiff The Plaintiff may take no more Commissions than one to examin Witnesses and not executed the Plaintiff shall be utterly debarred from exaamining any further Witnesses in his Cause Their Lordships are clear of Opinion that notwithstanding the literal sense of the said Regulation the Plaintiff in any Cause depending in this Court may have liberty to examin his Witnesses
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
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
from them or their Deputies in contempt of the said Order It is therefore now ordered by his Lordship That the Clerk of the Subpoena Office The Clerk of the Subpoena Office to observe the said Order having notice hereof shall hereafter observe and perform the said former Order his Lordship minding to have the same put in Execution in all points Anno Regni Caroli Regis primo Ter. Hill 1625. Touching Examiners Ordo Curiae FOrasmuch as Complaint hath been often made by the Examiners of this Court Vide postea 19 May 1658. how that after Depositions of Witnesses have been taken before them between parties Plaintiffs and Defendants and otherwise one of the said parties Plaintiff or Defendant after publication have taken out the Copy of the Depositions for his own part only and then afterwards the same party which hath so taken out Copies delivering the same to his Solicitor or Agent to the end they should abbreviate or keep the same the said Solicitors or Agents by mutual practice and combination with the adverse party in the Suit his Clerk Solicitor or Agent without the consent or privity of the said party who took out the said Copies hath for Mony or other rewards either given or suffered other Copies to be made and delivered to the adverse party his Solicior or Agent without the Examiners knowledge by reason whereof the Examiners have been often times defrauded of the said second Copies and of the fruits of their own Labours to the abuse of this Court and to the prejudice of the Examiners who besides the said Disinherison of the due Fees do also incur a scandalous imputation for the writing by reason the Copies so surreptitiously made are for the most part very ill and loosely written which are commonly supposed to be taken out of the Examiners Office It †The Examiner may take our Subpoena's ag inst such as shall be suspected to deliver undue Copies of Depositions to the adverse party his Clerk or Solicitor to defraud him of his Fees of second Copies for the Examination of such Offenders upon Interrogatories to be executed before the other Examiner and to be allowed of by a Master of â—hâ— Court is therefore ordered by the Right Honourable the Master of the Rolls That if at any time hereafter it shall probably appear unto the said Examiner or either of them that any undue Copies shall be made as is aforesaid the Examiner who findeth himself so abused may if he will take out Subpoenas against one two or any three such persons as he shall suspect to have deceived him for the examination of such misdoers upon Interrogatories in that behalf to be executed before the other Examiner and first allowed of by a Master of the Court touching the point of the Fraud and Abuse in delivering out any such unlawful Copies as are before mentioned And if upon consideration had of the Answers of the said parties suspected unto the said Interrogatories it shall appear unto the said Master of this Court who allowed of the Articles and be so certified by him that the said parties are faulty in making or procuring such undue Copies to the prejudice of the Examiner That then every such person so found offending shall for such his Misdemeanor be committed to the Prison of the Fleet from whence he shall not be discharged till he hath satisfied the Examiner Upon a Certificate of the said Master the Offender to be Committed to the Fleet till satisfaction to the Examiner for the said undue Copies Provided That if the parties drawn in question shall acquit themselves upon their Examination that then the Examiner who called them in by such Process shall pay such Costs for unjust Vexation If the suspect party acquits himself the Examiner to pay Costs as the Court shall think meet Mercurii 10 Decembris Anno Regni Caroli Regis Quarto 1628. Concerning References of Insufficient Answers Ordo Curiae IT is Ordered by the Right Honourable the Lord Keeper in respect of the great expence of time and many delays used upon References of insufficient Answers to the Masters of this Court That if hereafter upon any Reference of insufficient Answers made to any Master of this Court Report upon a Referrence upon insufficient Answer to be fil'd within one Month after date of such Refererence a Report be not thereupon procured and filed in the Register within one Month at the farthest after the date of such Reference that the same Reference shall stand absolutely void by this general Order without any Motion or special Order to be obtained in that behalf Or else the Reference to be absolutely void without Motion or special Order Martis 22 die Decembris Anno Regni Caroli Regis Quinto 1629. Of Priviledge Ordo Curiae THE Right Honourable the Lord Keeper taking notice of the great Abuse that hath been lately offered to the Dignity of this Court in the frequent granting of Priviledge unto such as no ways have any dependance upon the Court but only under colour that they are or have been Servants to some of the Masters Ministers and Officers of the Court which heretofore hath not usually been admitted but to such as have been menial Servants unto such Ministers and Officers For prevention of which Abuse his Lordship doth Order That from henceforth no Writ of Priviledge shall be granted to any person whatsoever but only unto such as are Ministers Officers and known Clerks of the Court No person to have Privilege but Masters Ministers Officers and known Clerks of the Court and their Menial Servants and shall be so certified by the Master of the Office where such Clerks write and to such others as shall first make Affidavit that they are menial Servants unto some one of the Masters Ministers or Officers of the Court and such Writ of Priviledge to continue in force no longer unto such Servants than they shall continue menial Servants And before any Writ of Priviledge shall pass the Seal except it be for a Minister Officer or known Clerk of the Court It is Ordered That it be first presented unto and signed by the Lord Chancellor or Lord Keeper for the time being and where any Writ of Priviledge shall be presented to his Lordship to be signed for any such menial Servants as aforesaid the Affidavit so to be by him made is to be annexed to the Writ it self And it is lastly Ordered That no Writ of Priviledge do issue for any menial Servant until such time as his Writ of Priviledge hath been first allowed of by his Lordship Writ of Priviledge how and by whom to be allowed as aforesaid Sabbati 23 Jan. Anno Regni Caroli Regis Quinto 1629. Concerning Registring of Affidavits Ordo Curiae Post 8 Anno 21 June 1660. THE Right Honourable the Lord Keeper of the Great Seal of England and the Master of the Rolls having this day taken into their serious
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
Action and by Process thereupon the Defendant is not only usually arrested but frequently proceeded against to the Outlawry to the great damage of the Subject and the loss and diminution not only of the proper Original Writs issuing out of this Court but also of his Majesty's Revenue for the casual Fines thereupon due and payable It is therefore Ordered That no Cursitor of this Court from and after the first day of Trinity Term next ensuing make or cause to be made any Writs of Clausum fregit or Clausum Domum fregit within the City of London without special Warrant from the Lord Chancellor or Lord Keeper of the Great Seal of England or Master of the Rolls for the time being unless it be made appear by Affidavit or some other probable Evidence that the same is the true and proper Cause of Action No Clausum fregit to be made in London without special warrant from the Lord Chancellor c. or it be made appear that the same is the true cause of Action That no Cursitor of any other County do make or permit to be made within his respective Division any of the said Writs of Clausum fregit or Clausum Domum fregit of any other Return than of the last Return of every respective Term unless it be to warrant Arrests No Writs of Clausum fregit to be made of any other retuâ—n than of the last return after every Term except in two cases and Testatum Capias only That no Cursitor shall from and after the end of Michaelmas Term next ensuing make Of what returns the Cursitor is to make his Original Writâ— or permit to be made within his respective Office and Division any Original Writ whatsoever of any Return past unless he shall receive the Instructions for making thereof within the Term wherein the said Writs are to be returnable or at the farthest on or before the first essoyn-Essoyn-day of the next succeeding Term without special Warrant from the Lord Chancellor or Keeper of the Great Seal of England or Master of the Rolls for the time being or good Cause to be allowed of by the Principal and Assistants of the Company of the Cursitors for the time being or the major part of them at their publick Meetings according as heretofore hath been used The Cursitors are to take care that they employ under them in their Office none but persons of known Integrity and Ability and if any Clerks or Persons so employed shall be found faulty in the Premisses he shall be expulsed the Office and the Cursitor who so employed him shall be answerable to the Court for such Misdemeanors and such person or persons who shall be discovered to do or proceed otherwise than is before mentioned shall be liable to such Censure for his Offences as the Court shall find just to inflict upon him Petitions NO Injunction for stay of Suit at Law shall be granted revived dissolved or staid upon Petition nor any Injunction of any other Nature shall pass by Order upon Petition without Notice and a Copy of the Petition first given to the other side Injunction not to be staid granted or dissolved upon Petition without notice and a Copy of it to the other side and the Petition filed with the Register and the Order entred No Sequestration Dismission Retainers upon Dismissions or final Orders are to be granted upon Petition No Sequestration dismission Retainers upon dismissions to be granted upon Petition No former Order made in Court is to be altered or explained upon a Petition or Commitment of any person taken upon Process of Contempt to be discharged No former Order of Court to be altered or explained upon a Petition or Commitment of any person on Contempt to be discharged by it but upon hearing the adverse Party his Attorney or Clerk towards the Cause Paupers AFter an Admittance in Forma Pauperis no Fee Profit or Reward shall be taken of such Party admitted by any Counsellor or Attorney for the dispatch of the Paupers Business during the time it shall depend in Court No Fee to be taken during the Paupers business depending in Court and the Penalty and he continued in Forma Pauperis nor any Contract nor Agreement be made for any Recompence or Reward afterwards And if any person offending herein shall be discovered unto the Court he shall undergo the displeasure of the Court and such farther punishment as the Court shall think fit to inflict upon him and the Party admitted who shall give any such Fees or Reward or make any such Contract or Agreement shall be from thenceforth dispaupered and not be afterwards admitted again in that Suit to prosecute in Forma Pauperis Causes of being dispauper'd and dismissed If it shall be made appear to the Court That any person prosecuting in Forma Pauperis hath sold or contracted for the benefit of the Suit or any part thereof while the same depends such Cause shall be from henceforth totally dismissed the Court and never again retained Such Counsel or Attorney as shall be assigned by the Court to assist the person in Forma Pauperis either to prosecute or defend may not refuse so to do unless they satisfie the Lord Chancellor of England or Lord Keeper or Master of the Rolls who granted the Admittance with some good reason of their forbearance That the Counsellor who shall move any thing to the Court on the behalf of a person admitted in Forma Pauperis ought to have the Order of Admittance with him The Counsel who moves for a Pauper ought to have the Order of admittance with him and first to move the same before any other Motion And if the Register shall find that such person was not admitted in Forma Pauperis he shall not draw up any Order upon the second Motion made by any such Counsel but he shall lose the fruit of such second Motion in respect of his abuse to the Court. No Process of Contempt shall be made forth and sent to the Great Seal at the Suit of any person prosecuting as Plaintiff in Forma Pauperis until it be signed by the Six Clerk No Process of Contempt to be made at the Suit of a Pauper till it be signed by the Six Clerk who deals for him and the Six Clerks are to take care that such Process be not taken out needlesly or for vexation but upon just or good grounds as they will answer it to the Court if the contrary shall appear And lastly It is Ordered That all Masters of the Court of Chancery Counsellors and all Officers Ministers Clerks and Solicitors in the said Court do observe these Orders which are to continue until upon farther consideration and experience any alterations shall be fit to be made therein Clarendon Har. Grimston Mercurii 27 die Feb ' Anno Regni Caroli II. Regis 19. 1667. Touching Examination of Witnesses Ordo Curiae WHereas the Masters in Chancery upon
by the said differences to the hindrance of the dispatch of the business of this Court may be hereafter avoided it is this present 18th day of June in the 20th Year of the Reign of our Sovereign Lord Charles the Second c. by the Right Honourable Sir Orlando Bridgman Knight and Baronet Lord Keeper of the Great Seal of England and the Honourable Sir Harbottle Grimstone Baronet Master of the Rolls and by the Authority of this High and Honourable Court of Chancery ordered ordained and decreed That on or before the 1st day of November next ensuing all the present Under-Clerks of the said Office who now are allowed and admitted to practise except such only against whom there is just cause of exception in the Judgment of the Honourable the Master of the Rolls shall be admitted Clerks of this Court and that as well they the said Under-Clerks so to be admitted as every other person hereafter to be admitted to the place of an Under-Clerk in the said Office shall at or before the time of such his admission and before his or their entrance upon that Imployment take this Oath following that is to say The Oath of the Under-Clerks YOU shall swear that you shall not willingly do procure or assent unto any thing whereby any of the Records Rolls Pleadings Books or Writings of or belonging unto the Court of Chancery which shall be under the keeping or charge of the Master of the Rolls for the time being or of any of his Clerks or Ministers or which shall come to your hands or whereunto you shall have recourse shall be imbezled falsified corrupted rased or defaced or whereby any corruption fraud or deceit may be done thereby but shall well and truly entreat and deal with the said Records Rolls Pleadings Books and Writings according to your best knowledge and understanding and that you shall do your utmost endeavour for the safe and secret keeping of all Examinations and Depositions of Witnesses that shall be delivered unto you or shall come to your hands without opening publishing or disclosing till publication be granted by the Court or otherwise by the assent of the Parties or their Attorneys according to the Course of the same Court. So help you God And that upon the death or removal of any of the said Under-Clerks so to be admitted and sworn in each respective Six Clerks division no other person or persons shall from and after the time aforesaid be admitted or sworn an Under-Clerk of the said Office or be admitted to practise in the place or places of him or them so dying or being removed until the number shall be reduced to ten Under-Clerks in each respective Six Clerks division that so the number of the Under-Clerks of the whole Office may be reduced to sixty Clerks and no more Sixty Under-Clerks in the Office at which number the said Under-Clerks shall from and after such reducement be continued unless this Court shall find it necessary to increase or abridge the same and when any vacancy shall happen of any the Under-Clerks places after such reducement as aforesaid none shall be nominated by the Six Clerks respectively for the place of the said Under-Clerks respectively unless he and they have been educated and brought up in the said Office Under-Clerks to be such as are brought up in the Office and have served seven years at the least as a Clerk under some of the Six Clerks or Under Clerks and shall be of honest and civil behaviour and be otherwise fitly qualified for the said imployment And it is hereby further ordered ordained and decreed that no person upon any pretence whatsoever shall be permitted to practise as an Under-Clerk in the said Office but such only as shall be sworn and admitted as aforesaid and that no Under-Clerk so to be sworn and admitted as aforesaid shall at any time on any pretence whatsoever be deprived suspended or in any ways hindred in or from the exercise of his or their said Imployment but by Judgment or Order of the Lord Chancellor Lord Keeper or Master of the Rolls for the time being only And that out of the Fees payable by the Clients the said Under-Clerks respectively so to be sworn and admitted as aforesaid shall and may have receive retain and keep to their own uses respectively the several Fees and Allowances hereafter-mentioned and shall be accountable to the Six Clerks respectively for any business to be dispached in the said Office after the rates and proportions only herein after set down and not otherwise that is to say Clerks Fees That the Under-Clerks shall have and receive and retain to their own uses respectively OUt of the Termly Fee of 3 s. 4 d. the sum of 1 s. 4 d. And for all Copies of Bills Answers Pleas Demurrers Replications Rejoynders Depositions Interrogatories and other Records usually dispatched in the said Office for four pence a sheet and the Fee of 6 d. per sheet usually paid for the transcript of the Bill annexed to the Writ of Dedimus potestatem 4 d. And 12 s. 8 d. per skin for all Exemplifications 12 s. 8 d. And 2 s. 8 d. for every Dedimus potestatem 2 s. 8 d. And 3 s. 2 d. for every Ordinary Commission and Rejoyning Commison to examin Witnesses 3 s. 2 d. And 4 s. for every Commission of Rebellion 4 s. And 3 s. 2 d. for every Writ of Execution of an Order 3 s. 2 d. And 16 s. 4 d. for every Decree and Dismission 16 s. 4 d. And 13 s. 2 d. per skin for every Writ of Execution of a Decree 13 s. 2 d. And 6 s. 8 d. for every Injunction 6 s. 8 d. And 1 s. for every Attachment and Attachment of Proclamation 1 s. And a Moiety of oll other Fees for all other Writs usually dispatched by the Clerks in their Clients Causes Moiety And the Under-Clerks respectively shall be accountable to the Six Clerks respectively only For 2 s. residue of the said Termly Fee of 3 s. 4 d. 2 s. And 4 d. per sheet of all Copies of all Bills Answers Pleas Demurrers Replications Rejoynders Depositions Interrogatories and other Records usually dispatched in the said Office 4 d. And 14 s. a skin for every Exemplification 14 s. And 4 s. for every Dedimus potestatem 4 s. And 3 s. 6. for every Commission and Joyning in Commission to examin Witnesses 3 s. 6 d. And 6 s. for every Commission of Rebellion 6 s. And 3 s. 6. for every Writ of Execution of an Order 3 s. 6 d. And 17 s. for every Decree and Dismission 17 s. And 13 s. 6 s. per skin for every Writ of Execution of a Decree 13 s. 6 d. And 6 s. 8 d. for every Injunction 6 s. 8 d. And 1 s. for every Attachment with Proclamation 1 s. And for a Moiety of all other Fees for all other Writs usually dispatched by the Clerks in their Clients Causes Moiety And it is further ordered
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
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
due and convenient time after they are sworn and the reason of this part of the Order and before use be made thereof in Court as well to prevent the vexation and trouble of his Majesties Subjects in coming so often to enquire for such Affidavits before they come unto the said Office as also that the parties against whom the said Affidavits be made may have time by their Council to inform this Court of any just Cause of Exception they may have to alledge against the same And to the end that none may have any excuse of being ignorant hereof It is lastly commanded That this Order being fairly Written shall be set up in Tables and so shall remain in the several Offices of the Register of the Six Clerks and of the said Affidavits Tho. Coventry C. S. Jul. Cesar Lunae 16 die Novembris Anno Regni Caroli Regis undecimo 1635. Concerning the amending of Letters Patents Ordo Curiae VVHereas a Petition was lately exhibited to his Majesty by Sir Kenelm Digby Knight the Tenor of which Petition and the Answer thereunto followeth in these words To the Kings most Excellent Majesty The humble Petition of your Majesties Servant Sir Kenelm Digby Knight Humbly Sheweth THAT whereas your Majesty was graciously pleased to bestow upon him certain Lands Escheated to your Majesty by the death of John Calverley Esq without Heir part of which Lands lye in the County of Kent and were so mentioned in the Office found to intitle your Majesty and in the Bill Signed with your Royal Hand for passing thereof to your Petitioner but at the Signet Office by the mistake of the Clerk taking the Letter L for a K are mentioned to lye in Com. Kank and by that Error are so mentioned both at the Privy Seal and Great Seal and the Inrolling thereof which your Petitioner cannot have amended without your Majesties special Warrant Your Petitioner therefore most humbly beseecheth your Majesty to be graciously pleased to give a Warrant that they may be amended and made agreeable to the Bill Signed and the Patent after the Amendment thereof new Sealed as in such cases is usual And Your Petitioner shall daily pray c. At the Court at Salisbury the 9th of August 1635. HIS Majesties Pleasure is That these Mistakings be Amended and made agreeable to the Bill Signed and the Patent after the Amendment thereof new Sealed as in such Cases is usual and as here is desired John Coke In conformity to which his Majesties pleasure the Right Honourable the Lord Keeper having seen as well the said Letters Patents as the Privy Seal whereupon the same did pass remaining in this Court and having also seen the Original Bill signed under his Majesties Hand and the Transcript thereof which passed the Signet and finding the Information in the said Petition to be very just and true and having advised thereof with his Majesties Attorny General hath Ordered That the Privy Seal remaining in this Court and the Inrolment thereof be amended and that the Seal be pulled from the Letters Patents and the same Patent amended and new Sealed according to his Majesties good Pleasure And this Order grounded upon his Majesties Direction Amendment of Letters Patents for a mistake in the Privy Seal and the Inrolment and the Original Bill under his Majesties Hand shall be a sufficient Warrant to the Clerk and other Officers of the Court to whom it appertaineth for the doing thereof Tho. Coventry C. S. Jo. Bancks Martis 5 die Januarii Anno Regni Caroli Regis undecimo 1635. For Under Clerks being allowed Parchment for Ingrossing Decrees c. Ordo Curiae THE Right Honourable the Master of the Rolls having taken Consideration of the Oath Administred unto the Under Clerks in the six Clerks Office whereby they are sworn not to carry nor consent that any other may carry forth of the House called the Six Clerks Office any Bill Answer Commission Decrees Dismissions Bills signed Privy Seal or any other Record whatsoever which ought to be there remaining except by special Order of the Court And being also advertised That their Under-Clerks have used and ought to have from the Usher of this Court Parchment for Ingrossing of Decrees and Dismissions which are to be Inrolled which cannot be well proportioned unto them without sight of the said Decrees and Dismissions that the Parchment may be allowed and delivered unto them proportionable to the length of the said Decrees and Dismissions It is therefore this present day Ordered by his Honour That it shall be lawful from henceforth for any of the said Under Clerks in the Six Clerks Office to bring over from the Office into the Chappel of the Rolls any Decree or Dismission after the same shall be so signed to be seen by the Usher of this Court or his Deputy only for that purpose that he or they may see what Parchment is fit to be allowed for the Inrolling thereof Under Clerks may bring over from the six Clerks Office to the Chappel of the Rolls any Decree or Dismission after the same shall be signed to be seen by the Usher of this Court that Parchment may be allowed for the Inrolment thereof and to no other intent or purpose which being done the same are by the said Under-Clerks to be safely returned into the Office whence the same was so taken out as aforesaid without suffering the same to pass out of their own Hands Jul. Cesar Mercurii 15 die Junii Anno Regni Caroli Regis Duodecimo 1636. By reason of the Plague Ordo Curiae THE Right Honourable the Lord Keeper having taken into his Consideration the Danger of the increasing of the Infection of the Plague by the assembling of much People together at this time doth therefore this present day Order That all unnecessary resort unto his Lordships House by the Officers and Clerks of this Court and others be forborn both at General Seals and at other times and that all Patents Commissions and Writs whereof an Entry is to be made in the Comptrollment Book shall be brought to the Riding Clerk or his Deputy before they be Sealed who are then to take such particular notice thereof in Writing that when the same shall be Sealed a perfect Entry thereof may be made in the Comptrollment Book whereby a due account may be given to his Majesty and otherwise as is and hath been used and after such Notes shall be taken as aforesaid and the Hand of the Riding Clerk or his Deputy put to the said Patents Commissions and Writs then the Riding Clerk or his Deputy is to send the same to be Sealed at such time and places as his Lordship shall appoint for that purpose and after the said Patents Commissions and Writs shall be Sealed the same are to be taken from the Seal by the Clerk of the Hannaper or his Deputy and then the Officers and Clerks who writ and prepared the said several Businesses for the Great Seal are to receive them
deliver the said Warrants to the riding Clerk to be inrolled according to their Just Right Whereupon his Lordship desired the Master of the Rolls to call all parties concerned before him having heard their several Allegations to certifie his Lordship how he found the case between them who having accordingly heard them made his Report or Certificate to his Lordship in these words 9 July 1662. To the Right Honourable the Earl of Clarendon Lord High Chancellor of England According to your Lordships directions the 29th of April 1662. Upon the Six Clerks Petition to have the Warrants of Leases delivered unto them by Mr. Kipps to be inrolled I have heard them and Hains with his Councel who made it appear that there had been several Patents of like nature to his granted to several persons since the 26th of Henry the 8th In Answer whereunto the six Clerks say that notwithstanding the said Patents Mr. Hains doth not shew that ever any of the said Patentees did inroll any Warrants for Grants that pass the Great Seal nor do any words as I conceive in his or any former Patents mentioned by him extend to the inrolment of any such Warrants The Six Clerks further made it appear that Edward Basely the late Patentee petitioned the lat King against them in 1634. concerning the inrollments of His Majesty's Deeds which was referred to the Commissioners of exacted Fees and I find in the year following upon examination had by the Lord Keeper Coventry with the concurrent Opinion of Sir Julius Caesar Master of the Rolls and Sir John Banks Attorney General it was certified under the hand of the said Lord Keeper amongst other things to have been the due ancient Right held and enjoyed by the Six Clerks to inroll all manner of Warrants for Patent Leases c. whereby the said Patent Leases c. pass the Great Seal Six Clerks to inroll all Warrants for Patent Leases c. whereby the Patend Leases c. pass the Great Seal whereupon his late Majesty by his Letters Patents bearing date the 17th of June 1635. to take away all questions doubts and ambiguities that heretofore have been or hereafter may be raised concerning the same and to the end the Six Clerks and their Successors for ever after might inviolably hold the same did allow approve grant ratifie and confirm the same And it was therein declared to be His Majesty's pleasure that the said Warrants shall be delivered from time to time by him or them in whose custody they shall remain to the Six Clerk who shall be riding Clerk for the time being to the end the said Warrants might be inrolled His Majesty further by the said Patent straightly charging and commanding that no other person or persons whatsoever should from thenceforth encroach or usurp upon them therein or molest or disturb them touching the same And the Six Clerks accordingly have ever since inrolled the said Warrants and before and ever since have received the Fees due for the same All which I humbly submit to your Lordships grave consideration as by the said Report remaining filed with the Register of this Court appeareth Har. Grimstone And his Lordship having perused the said Report doth declare his Concurrence in Opinion with the Master of the Rolls and doth therefore order and appoint the said Mr. Kipps to deliver out the said Warrants to be inrolled as by the said Petition is desired Master of the Rolls Sir Tho. Estcott Sir Mondeford Bramstone Lunae 25 die Januarii Anno Regni Caroli II. Regis 15. 1663. Concerning Subpaena's Ordo Curiae FOrasmuch as this Court was this day informed by His Majesty's Attorney General that one John Hungerford hath forged made and counterfeited Subpaena's and that he hath put Seals thereon like unto those sealed with the Great Seal as by two several Affidavits now produced and read in Court appeared And further informing that one Theophilus Aylmer had lately bespoke paid 18 s. for and had from the said Hungerford one forged and counterfeit Subpaena for 51 l. 13 s. 4 d. Costs in a Cause depending in this Court between Sharp and Brooks which coming to be examined before the Master of the Rolls he committed the said Hungerford and Aylmer for such misdemeanour contempt and abuse of this Court unto the Prison of the Fleet Punishment of those that forge Subpaena's who are still in Custody It was therefore prayed that the said Hungerford and Aylmer may be punished and made exemplary for such their Misdemeanour Abuse and Contempt of this Court and his Majesty's great Seal Whereupon it is ordered that the said Hungerford and Aylmer be brought into this Court when the Right Honourable the Lord High Chancellor of England doth sit in Court and in the mean time the Register is to search Presidents of what hath been done by the Court in punishing Offences of like nature Mercurii 18 die Julii Anno Regni Caroli II. Regis 18. 1666. Touching the Business of the Court divided according to the Letters of the Alphabet Ordo Curiae THe Right Honourable Edward Earl of Clarendon Lord High Chancellor of England and the Honourable Sir Harbottle Grimstone Baronet Master of the Rolls taking into their Consideration the manifold disorders and undue practices which in the late times have crept into the Six Clerks Office to the great dishonour of this Court the obstruction of Justice the damage of the Client and confusion and loss of the Records and the several ways of redressing the same And having divers times heard the Six Clerks and their Under-Clerks concerning the settlement by division of Letters formerly to this end ordered by the Lord Coventry late Lord Keeper of the Great Seal and after long deliberation and several conferences with some of the Reverend Judges and of the King 's learned Councel finding no expedient so equal and effectual for the due filing and easie search of the Records and the orderly proceedings and quiet dispatch in all Causes nor so proper to prevent the mislaying and the imbezling the Records â—eceiving filing bundling of Bills Answers c. and the making all Exemplifications Writs and Copies thereof to be divided amongst the Six Clerks according to the Letters of the Alphabet Vide infra Feb. 1. 1668. this Order Repealed and that confusion which is every day discovered from thence to the extream scandal of the Court and prejudice of the Subject as the reviving and re-establishing the aforesaid settlement Do hereby Order and Ordain that the said method be revived and from henceforth observed by the present Six Clerks and their Successors and by their Under-Clerks viz. that the receiving filing bundling and keeping of all Bills Answers Pleadings and all Proceedings thereupon and the making and expediting of all Exemplifications Writs and Copies of or concerncerning the same be divided among the said Six Clerks and their Successors respectively by and according to the Letters of the Alphabet in manner following that is to say that all
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
Town whereby the said Decree cannot in strictness be performed It is this present day ordered by the Right Honourable the Lord Keeper c. and the Honourable the Master of the Rolls that the said time be inlarged till the first day of the next Term without any prejudice to any absent under-Clerk who shall not come in to be admitted and sworn in the mean time Mercurii 18 die Novembris Anno Regni Caroli secundi Regis 20. 1668. Touching Priviledge Writs Pauper Writs and Renewed Writs Ordo Curiae FOrasuch as the Right Honourable the Lord Keeper c. was this day informed by Mr. Collings on behalf of several Officers and Clerks of this Court that all small Writs that passed the great Seal for priviledged Persons and for such as are admitted to sue in this Court in Forma Pauperis and Renewed Writs were and usually have been by ancient course delivered to persons by whom such Writs have been Sealed or to their Clerks without paying any thing therefore and that by an Order of this Court made the 12th of February 14 Caroli secundi Vide supra 12 Feb. 14 Car. 2. upon information of one Mr. Hutton a Clerk or Deputy to the Right Honourable the Lord Newbrough through whose Office all Writs of that nature do pass refuseth to deliver the same without Fees for the Seals thereof It was thereupon ordered That all Writs which should be sealed for priviledged Persons and for Suitors in this Court in Forma Pauperis and Renewed Writs should from henceforth be delivered to the persons for whom the same should be sealed or to their Clerk without paying or giving any thing for the same which Order was observed by the said Mr. Hutton during the time he continued his Employment in the said Office But one Mr. William Adderly who now Farms the said Office under the Commissioners of His Majesty's Treasury refuses to deliver such Writs aforesaid without paying Fees for the Seals thereof Pâ—iviledge Wâ—its Pauper Writs and Renewed Wâ—its to pay no Fees It is ordered by his Lordship That the said Mr. Adderly do observe and conform to the Order aforesaid by delivering all Writs which shall be sealed for priviledged Persons and for Suitors to this Court in Forma Pauperis and Renewed Writs to the persons for whom the same shall be sealed or to the Clerk without paying or giving any Fees for the same unless the said Mr. Adderly having notice thereof do on the last day of this Term shew cause to the contrary Sabbati 12 die Feb ' Anno Regni Caroli II. Regis 22. 1670. Concerning Exceptions to a Masters Report Ordo Curiae THe Right Honourable the Lord Keeper taking notice of the trouble and loss of time to the Court and expences and delay to the Suitors occasioned by putting in Exceptions to Masters Reports many of which do prove frivolous and vexatious doth for the prevention thereof declare and order That for the future from this time every person that shall put in Exceptions to a Masters Report shall besides the 40 s. deposited upon exhibiting the same pay 10 s. farther Costs for every Exception or distinct branch of an Exception which shall upon the hearing thereof be over-ruled He who puts in Excceptions to a Masters Report besides 40 s. shall pay 10 s. Cost for every Exception that shall be over ruled Martis 8 die Aprilis Anno Regni Caroli II. Regis 25. 1673. At Exeter-house by the Right Honourable the Lord Chancellor About the Impositions on Law Proceedings Ordo Curiae ORdered upon the humble request of the Farmers of his Majesty's Duty arising by virtue of an Act of Parliament for laying Impositions on Proceedings at Law That the Agent or Agents of the said Farmers shall have liberty to attend from time to time and view all Copies of Records of the said Court that shall be offered to be read or made use of in any Motion or on the hearing of any Cause arguing of any Pleas or Demurrers or exceptions to Reports at the Lord Chancellors and also at the hearing of all Causes at the Rolls to the end it may be known whether such Copies be signed by the proper Officer appointed for that purpose by the said Act and His Majesty's Duty duly answered for the same And all Counsellors Clerks Solicitors or others in whose Custody any such Copy shall be are required to permit the said Agent or Agents on request in that behalf Farmers of the Duty of the Law Tax how to manage themselves for the better collecting thereof to view and take an account of the same according to the direction of the said Act that the said Agent or Agents shall have liberty to attend at all Publick Seals from the time of opening the Seals to the shutting up thereof and shall put up all Writs and other things that shall be sealed into a Bag for that purpose and go immediately after the Seal is over with the Clerk of the Hanaper or his Deputy to the Hanaper Office and then take an account of all the said Writs and other things Sealed and stamp the same with a Stamp to be provided by the said Farmers for that purpose and if necessity do require that any Writs or other things Sealed shall be delivered out immediately after Sealing the same shall be first stamped and an account taken thereof by the said Agent or Agents but neither the Clerk of the Hanaper nor his Deputy nor any other shall presume to deliver out or take away any Writs or other things whatsoever that shall pass the Seal until the same be so stamped that the said Farmers Agent or Agents giving their due attendance from time to time to perform the same that some person whom the Farmers shall for that purpose appoint shall attend at all private Seals and take an account of and make an Entry into a Book to be kept by him for that purpose of all Writs and other things that shall be Sealed at such private Seal and shall also write his Name on the backside of such Writs and other things so Sealed and see that His Majesty's Duty be answered for the same Shaftsbury C. Har. Grimstone Jovis 8 die Maij Anno Regni Caroli II. Regis 25. 1673. At Exeter-house ad idem Ordo Curiae THe Right Honourable the Lord High Chancellor c. having this day heard the Farmers of His Majesty's Duties arising by impositions and proceedings at Law and their Counsel and also the Six Clerks Office in the Court of Chancery and the Under-Clerks in the Six Clerks Office to several things offered by the said Farmers for better collecting the said Duties arising within the said Six Clerks Office doth order and direct according to the Power and Authority given him by the said Act. 1. That no Clerk or Solicitor do send or knowingly permit or suffer to be sent any Bill Answer Plea Demurrer Depositions of Witnesses or other Record of the said Court or any
in all times have been suppressed and deemed great abuses Now for prevention thereof for the future it is this day ordered by the Right Honourable the Lord High Chancellor c. That from and after the first day of June next no Interrogatories shall be exhibited for the examination of any Witnesses in any Cause depending in this Court whether in Court in the Examinors Office or by Commission in the Country before such Interrogatories shall be either drawn Interrogatories to examine Winesses to be signed by Counsel or perused by Counsel after due consideration had of the Pleadings and signed by them But all Counsel are to take care that no Interrogatories do slightly pass their hands contrary to the true intent and meaning thereof lest they incur the displeasure of the Court therein and that all Depositions taken contrary hereto shall stand suppressed and to that end all the Clerks and Solicitors of this Court that are concerned in Causes may not be ignorant hereof his Lordship doth further order That this Order be set up and fixed in some publick places in the Offices of the Six Clerks and Examinors of this Court that all due obedience may be given thereto Veneris 27 die Maij Anno Regni Jacobi II. Regis 3. 1687. Touching Orders on Petitions Ordo Curiae IT is this day ordered by the Right Honourable the Lord High Chancellor c. That from and after this day no Order or Direction made or given by his Lordship or the Honourable Master of the Rolls upon any Petition unless the same be by way of Summons shall be of any authority or effect An Order made upon a Petition to be of no Effect to ground Subpoena's or other Process unless within 3 days in Term time or within a Week in the Vacation after the same shall be granted an Order be entred up with the Register on such Petition as to the Proceedings or grounding Subpoena's or other Process in any Cause now depending or which shall hereafter be depending in this Court unless within three days in Term time or in a Week in the Vacation after the same shall be granted and signed by his Lordship or his Honour an Order shall be drawn up and entred with the Register on such Petition to the end no person may be surprized by any Private Order but that all parties concerned may have resort at all times to see what Orders are from time to time made and granted wherein they are concerned and that no person may be ignorant thereof it is further ordered That this Order be set up in the Publick Offices of the Court concerned therein that all due obedience may be given thereto Veneris 17 die Junij Anno Regni Jacobi II. Regis 3. 1687. Surrender of a Six Clerk to the Master of the Rolls Ordo Curiae WHereas Arnold Brown Esq late one of the Six Clerks of this Court hath surrendred his Office of Six Clerk in this Court into the hands of me the Master of the Rolls whereby the said Office is become vacant and forasmuch as the business in agitation and to be transacted in that Office for the benefit of the King's People Suitors in this Court is not to be delayed or obstructed for want of a fit person to manage the said Office in the vacancy of a Six Clerk and whereas I have this present 17th day of June 1687. under my Hand and Seal deputed and appointed the said Arnold Browne to Act Agitate Negotiate and Proceed in the business of that Office in my Name and as my Deputy only during my pleasure and have further authorized and impowred him the said Arnold Browne so to do and act and to write to the Great Seal in my Name only and not in the Name of him the said Arnold Browne and to enter and sign all Proceedings Certificates Copies and other things belonging to the Execution of the said Office in the Name of the said Arnold Browne but with the additions of Deputy to me Master of the Rolls to wit Arnold Browne Deputy Magr ' Rotulor ' as to take and receive the Profits thereof as by the said Deputation inrolled in this Court may and doth appear for the due Execution of which said Deputation the said Arnold Browne hath been duly sworn Arnold Browne on the surrendring his Office as Six Clerk deputâ—d to act during the vacanâ—y his Honour doth hereby order direct and appoint the several respective sworn Clerks of the said Office within or belonging to the Division late of the said Arnold Browne late Six Clerk to apply themsâ—lves to the said Arnold Browne as my Deputy as aforesaid for the Dispatch of the Business of that Division and to pay all such Duties and Fees to his said Deputy Arnold Browne as are due appertaining and accustomed to be paid to the Six Clerk of that Division and to do and perform all other Acts as the respective sworn Clerk in Chancery ought to do to their respective Six Clerks and to the end that no sworn Clerk or other persons concerned may be ignorant of this Matter his Honour doth order that this Order be entred with the Register of this Court and put up in the Office of Six Clerks J. Trevor Mercurij 29 die Februar ' Anno Regni Jacobi II. Regis 4. 1688. Touching Misdemeanors Ordo Curiae WHereas divers Complaints have of late been made the to Honourable the Master of the Rolls of the outragious rude and undecent Demeanors of divers of the younger Clerks Servants and Writers to and for the sworn Clerk in the said Six Clerk Office Penalty on those that misdemean themselves in the Office to the great scandal of this Court and hindrance of business which hath been most notorious by their throwing Durt Filth Ink and many other things to the damage and prejudice of the Suitors of this Court and Masters in the said Office and at other times by a rude and violent clapping their Desks and making many loud Outcrys and Noises and by evil treating their Masters in the said Office with opprobrious Language All which his Honour having taken into consideration it is for the preventing the like Enormities for the future ordered That the Messenger attending the Rolls do take such Servants Clerk or Writer into Custody and by him to be carried to Bridewell as shall at any time or times hereafter be guilty of either of the said Enormities or any other of the like nature and there shall continue till further order and for the second offence shall be expelled the said Office and that due notice be given hereof and that all persons may take warning this present Order is forthwith to be set up in the Six Clerks Office Martis 20 die Martij Anno Regni Jacobi II. Regis 4. 1688. Touching Regulating the Under-Clerks An Ordinance Vide supra 18 Junij 20 Car. 2. WHereas by a Decree heretofore made by the Right Honourable the Lord Keeper c. and
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
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