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
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
Draught or Copy thereof to any person or persons to take or make Copies thereof or use the same whereby the King's Majesty or his Farmers may be defrauded of any of the Duties imposed by the said Act. 2. That the Clerks of the said Office do duly enter and pay the Duty for all appearances of persons for whom they have directions to appear and that neither the Six Clerks for the Plaintiff nor his Deputy do deliver any Bill to a Clerk or any other for the Defendant without a Note under the Hands of the Six Clerks for the Defendant or his Deputy testifying that the Appearance is entred which Note the said Six Clerk or his Deputy who receiveth the same is carefully to file up to the end the Clerk or the Person who on delivery thereof taketh away any Bill may if occasion requires be called to return the said Bill and charged by the said Six Clerk or his Deputy or the Farmers Agent with the payment of His Majesty's Duty for the Copy thereof 3. That the Farmers of His Majesty's Duty do provide for every of the said Six Clerks a Book and that every of the said Six Clerks and their Deputies do take special care that before any Records or Pleadings whatsoever Bills excepted be taken or delivered out of the Six Clerks Studies or Record-house a short entry be made thereof in the Book remaining with the Six Clerks from whom the same is taken or to whom the Custody thereof belongeth with the time when and the Persons Name by whom the same is taken out to the end as occasion shall require the said person may be called on to return such Records and Pleadings and for payment of His Majesty's Duties for the Copies thereof 4. That all Bills Answers Pleadings and other proceedings in the said Court be duly filed and that no Copies be made thereof till the same have been so filed with a proper Officer for that purpose 5. That no Copy of any Bill Answer Plea Demurrer Depositions oâ— Witnesses or other Records of the said Court shall be delivered or sent to any Client or Solicitor or other Person till the same be signed by the proper Officer to whom they belong or his Deputy and that no close Copy whatsoever shall be made until an Office Copy hath been paid for and that in such case where a close Copy is made for the same person by whom or on whose account an Office-Copy hath been paid for His Majesty's Duty shall not be required for such close Copy 6. That no Copy of any Record of the said Court be offered to be read or made use of either in Court or at the Rolls or before any Master or elsewhere or any Fees taken for the same which is not under the proper Officer or his Deputies Hand the draughts of Complainants or Defenfendants own Bills Answers or other pleadings which by the ancient Rules of the Court have been permitted to be made use of by themselves only excepted 7. That no Commission whatsoever be published but in the presence of one of the Six Clerks concerned in such Cause or Causes in which they shall happen to be published or one of the Deputies who is to cause the same to be entred in the said Book to be provided by the said Farmers to the end the Clerk concerned in such Cause or Causes may be called on to pay His Majesty's Duty for the Copies of Depositions as in the cases of Copies of other Pleadings and Records 8. That no Subpoena ad audiendum Judicium be made out until a Certificate under the hand of the Six Clerk at whose instance the Cause is set down be delivered to the Deputy of the Subpoena-Office that the Pleadings in the Cause are filed which Deputy is hereby required to write thereon the Name of the Clerk that deals for the Plaintiff and to deliver over such Certificate to such person whom the Farmer of the King's Duty shall appoint to receive the same 9. That the Six Clerks or their Deputies or other Officers of the said Court when they sign any Copies do write thereon the day of the Month when they are signed and in words at length the number of Sheets which they contain and also subscribe their Names to the same 10. That the said Six Clerks do give the Names of their Deputies or such who in their absence they permit to sign things to the Farmers Agent in writing and so of any other they shall permit or appoint for that purpose and that the said Six Clerks or their Deputies attend on all Office-days to dispatch business from the hours of nine in the Morning till twelve at Noon and from three of the Clock in the Afternoon till Six in the Evening 11. That all Decrees and Dismissions be signed by the respective Six Clerk by whom they ought to be signed and not by their Deputies but in case of sickness or absence out of Town of the Six Clerk and that the Six Clerks or their Deputies when they sign any Decree do at the same time write thereon the day of the Month and the year when they do the same Shaftsbury Ch. Mercurij 22 die Julij Anno Regni Caroli II. Regis 26. 1674. Touching Recognizances Ordo Curiae WHereas on Complaint made this day to the Right Honourable the Lord Keeper Concer ' Irrotulament ' Recogn ' capt ' in Cancellaria c. that a Recognizance acknowledged in this Court the 17th of Jan. 1653. of 1000 l. for payment of 507 l. 10 s. the 6th of March then next was not inrolled till the 1st day of July 1666. and that by an Administrator whereby all the Lands and Tenements of the Cognizor at the time of entring into such Recognizance and charged in the hands of a Purchasor near thirteen years after And his Lordship being informed that several Recognizances as well as this have in ancient times as well as lately have been inrolled though long after the time by Warrant from the Master of the Rolls for the time being without prejudice to all Purchasors between the time such Recognizance ought to be inrolled and the time of the actual inrolment thereof Yet notwithstanding his Lordship taking into consideration the evil and dangerous consequences that may happen and arise to the Subject by suffering Recognizances to be inrolled long after the time of acknowledgment thereof And withall considering that although there be no certain time appointed by Law for the inrolment of such Recognizances as are acknowledged according to the course of the Common Law yet all other Courts have appointed the inrolment of such Recognizances as be acknowledged there to be before the next continuance day or at the farthest before the end of the Term following Doth think the usual time of a year and a day heretofore allowed by this Court for such inrolment to be much too long And therefore in conformity to other Courts as near as may be but chiefly to
of this Court and is kept from the Execution of the said Office by one Robert Sheires Esq who detains the Exhibitants Records and Writings belonging to the said Office whereby many of the Suitors of the Court are prejudiced and delayed in their Causes The Right Honourable the Lord Chancellor doth therefore order that the said Mr. Sheires Records to be delivered to a new Register at his peril doth forthwith upon sight hereof this night deliver the said Records and Writings to the said Mr. Strode Edâ— Hyde C. S. Sabbati 15 die Novembris Anno Regni Caroli secundi Regis 12. 1660. Concerning Affidavits Ordo Curiae WHereas the Right Honourable the Lord Chancellor of England and Master of the Rolls have upon due consideration had by their Honours of the present State of the Office of Registring Affidavits in this Honourable Court and the necessary use thereof for preventing the imbezelling and falsifying of Affidavits whereby the Court hath been often abused the course of Justice interrupted and the Suitor apparently wronged or unduly prejudiced And notwithstanding Special Orders of the Court heretofore made for that purpose and by directions both publickly and upon private Petitions given for due observation thereof yet the same hath been of late years so much neglected as it is now found necessary for the Honour of the Court Vide supra 23. Jan. 27. the good of the Suitor and the righting of the Officer to give reformation thereunto It is therefore this present day ordered by their Honours That all Affidavits of this Court except those only which belong to the Supplicavit Office shall before the same be executed in Court All Affidavits except those that belong to the Supplicavit Office before they be read in Court shall be first filed and registred in the Affidavit Office and attested by a Copy thereof under the Officers hand or otherwise produced to ground any Order Writs Process or Proceedings of Court thereupon be brought into the said Office of Registring Affidavits and be there filed and registred And that this Order both at the Court at Westminster at the Seals and at the Rolls by the Officers of this Court and all others whom the same doth or may concern be duly observed and kept at the perils of such as in contempt of this Honourable Court shall presume wilfully or negligently to decline or not observe the same Register not to sign any Order granted upon any Affidavit unless the Affidavit be first filed and registred And further it is ordered by their Honours that neither the Register of this Court his Clerks or Deputies shall or do at any time hereafter draw up sign or set his or their hand or hands unto any Order whatsoever granted upon any Affidavit unless the Affidavit be first filed and registred with the Register of the Affidavits and attestation brought and shewed to the said Register of this Court his Clerks or Deputies under the hand of the said Register of the said Affidavits or his Deputy attending in the said Office And it is further ordered by their Honours That no Master of this Court shall accept of or take the Oath of any person to an Affidavit except the same be fair and handsomly writ in one hand without blotting or interlining And in case any Affidavit shall escape the said Masters of this Court and pass so blotted and interlined under their or any of their hands it is further ordered That the Register of the Affidavits or his Deputy shall thereupon refuse the same and that afterwards no use shall be made thereof in any the proceedings of this Court. And it is further ordered by their Honours That all Affidavits taken or henceforth to be taken before any Master of the Court be brought unto the said Register of Affidavits or his Deputy for the time being to be there filed and registred in some due and convenient time To be filed and registred in â—ue and convenient time after the same be sworn unto and before use be made thereof in Court as well to prevent the vexation and trouble of His Majesty's Subjects in coming so often to enquire for such Affidavits before they come into the said Office as also that the parties against whom the Affidavits be made may have time by their Councel to inform the Court of any cause of Exception they may have to alledge against the same and that all the Clerks of the Court and Solicitors of Causes there shall by the end of Hillary Term now next following bring into the said Office all such Original Affidavits as shall remain in their hands and cause the same to be there duly filed and registred at their perils And to the End that none may have any excuse of being ignorant hereof it is lastly ordered That this Order being fairly written shall be set up in Tables and so shall remain in the several Offices of the Register the Six Clerks and of the said Affidavits E. H. C. Har. Grimstone Anno 13 Car. II. Reg. An Act for ascertaining and establishing of the Fees of the Masters of the Chancery in Ordinary WHereas the Office of the Masters in Chancery is of very ancient Institution and of necessary use and continual attendance for the dispatch of the business depending in that Court it appearing by ancient Records that the constitution of that Court was long before the Conquest much of the Duty Pains and Attendance whereof lieth on the said Masters and for that it conduceth much to the Administration of Justice that those who exercise places of Trust should have competent and certain rewards suitable to their pains and labour whereby they may have due maintenance to support the quality of their Places and that it is but fitting and necessary for the Subject to allow a moderate payment where they receive a proportionable advantage a Fee of four pence in times of that Antiquity being as much in value as two shillings now by reason whereof in process of time and the improved rate of all necessaries the present recompence of those ancient Offices is no way competent and proportionable to their pains and attendance which are likewise very much increased without any increase hitherto of what was so anciently allowed as aforesaid And for that it appears in all other Courts at Westminster there is twelve pence taken for every Affidavit and for that it hath been found inconvenient for Suitors to put in Answers or return Commissions in the private Studies of the Masters so that through the difficulty of finding such Answers and Commissions with what Master they were left or through the Masters absence at such time as they were called for it frequently happens the persons conceived to be in contempt are exposed to much trouble and charge thereby and for that it is more proper safe and satisfactory to the Subject in general that Affidavits Answers Recognizances and Acknowledgments of Deeds shall be dispatched in some publick
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
the Honourable the Master of the Rolls bearing date the 18th day of June in the 20th year of the Reign of his late Majesty King Charles the Second of blessed memory for the better regulating the Six Clerks Office it was amongst other things Ordered Ordained and Decreed That the Number of the Under-Clerks to be allowed and admitted to practise as Clerks of this Court in the said Six Clerks Office should be reduced and stinted to Sixty Clerks and no more at which number the said Under-Clerks should be continued unless this Court should find it necessary to increase or abridge the same and further that as well the Under-Clerks then to be admitted as every other person thereafter to be admitted to the place of an Under-Clerk in the said Office should be in the Judgment of the Master of the Rolls fitly qualified for such Imployment at or before the time of such his admission and also before his and their entrance upon that Imployment should take the Oath thereby directed for his honest and faithful behaviour and true dealing with and towards the Records Rolls Pleadings Books and Writings of this Court and the other due performance of his place And it was thereby further Ordered Ordained and Decreed That no person upon any pretence whatsoever should hereafter be permitted to practise as an Under-Clerk in the said Office but such only as should be first sworn and admitted as aforesaid And whereas for want of observance and due obedience to the said Decree and other Orders made in persuance thereof manifold disorders and undue practices have crept into the said Six Clerks Office amongst the Six Clerks and the sworn Clerks and especially by a liberty that the Six Clerks of this Court have assumed and continued to themselves against the express words of the said Decree the Duty of their places and in Contempt of this Court to allow permit and license several persons to practise in the said Office without being either allowed sworn or admitted by the Master of the Rolls as the sworn Under-Clerks of this Court are and of right ought to be to the confusion mislaying imbezling falsifying razing and defacing and sometimes to the loss of the Records Rolls Pleadings Books and Writings of this Court And also that the sworn Clerks of this Court have retained more Under-Clerks than one apiece and have discharged and turned them off from their Service before they are preferred to the undoing and utter ruin of many and to the discouragement of the training up and breeding of industrious and diligent Young Clerks to serve and succeed in the said Office which this Court hath always taken care of and contrary to an Order for that purpose made by the Right Honourable Sir Harbottle Grimstone late Master of the Rolls All which Abuses Irregularities and Disorders tend manifestly to the obstruction of Justice and the orderly proceedings and dispatch thereof to the great scandal and dishonour of this High and Honourable Court and the irreparable damage to the King and Subject if not prevented the Right Honourable George Lord Jeffreys Lord Chancellor of England and the Right Honourable Sir John Trevor Master of the Rolls taking the same into their serious consideration and the ways and means for redressing and preventing the same for the future do hereby and by the Authority of the High and Honourable Court of Chancery Order Ordain and Decree That all and every such person and persons so as aforesaid allowed Supernumerary Clerks except two waiting Clerks to each Six Clerks not sworn discharged from practising in the said Office permitted or licensed by the Six Clerks in their several Divisions and Offices called supernumerary or Licenciary Clerks not allowed sworn and admitted as Under-Clerks to practise as Clerks of this Court excepting the two waiting Clerks allowed to each Six Clerk be and are hereby absolutely to all intents and purposes discharged and inhibited from practising in the said Office and from sitting and writing in the said Office of Six Clerks until they shall be duly qualified sworn and admitted so to do And the several Six Clerks of this Court are hereby required and commanded forthwith upon the forfeiture of their respective Offices to discharge all such person and persons out of the Office of Six Clerks from whom as well as from the said supernumerary Clerks this Court doth expect all due and ready observance and obedience to this Decree And to the end that there should not be wanting a convenient and sufficient number of honest able and expert Under-Clerks for the orderly proceeding carrying on and quiet dispatch of the Suitors and business of this Court his Lordship the Lord High Chancellor and his Honour the Master of the Rolls do think it very fit and necessary and do thereby Order Ordain and Decree Five Under-Clerks to be added to ten sworn Under-Clerks in every Six Clerks Division That five Under-Clerks such as his Honour the Master of the Rolls shall in his Judgment think able fitly qualified and allow of shall be forthwith added to the ten sworn Under Clerks in every Six Clerks Division and that each of them shall by the Master of the Rolls be sworn and admitted Clerks of this Court and to practise in the same with all the like advantages paying the like Fees Dues and Duties as the now sworn Under-Clerks of this Court have enjoyed and paid or ought to have enjoy and pay all which number making fifteen in every Six Clerks Division the sworn Under-Clerks of this Court shall continue unless this Court shall find it necessary to reduce abridge or increase the same and from time to time upon any vacancy by Forfeiture Surrender or Death such only shall be sworn and admitted by the Master of the Rolls into their respective places as his Honour in his Judgment shall think fitly qualified and allowed of for the said Imployment the nomination of the Six Clerks being only for his Honours information and the presence of the Six Clerks at the swearing and admittance of an Under-Clerk being only that he the Six Clerk may take notice of such new Under-Clerk so sworn and admitted And further the said Under-Clerks hereby decreed to be sworn and admitted are to have such Seats and Places provided and appointed for them to sit write and officiate in in the Six Clerks Office as the Master of the Rolls shall think fit to order and appoint But no Seat now belonging to any of the sworn Clerks shall be hereby altered removed or abridged without his or their consent And for the better putting in execution of this Ordinance and Decree and the encouragement of the Young Clerks now Servants or which hereafter shall be Clerks Servants to the sworn Under-Clerks of this Court None permitted to dispatch any business in â—he Office as a Clerk or have necess to the the Records but sworn Câ—erks and their Servants it is hereby Ordered Ordained and Decreed That from henceforth none
that shall from time to time be put into any Report and shall on arguing be over-ruled as frivolous and impertinent and so declared the Exceptant shall for every such Exception or Branch of such an Exception pay to the other side 20 s. Costs and for every frivolous Exception or Branch of an Exception though not opened but waved the Exceptant in such case shall pay 10 s. Costs And 10 s. for every frivolous Exception that is not opened which said 20 s. and 10 s. are to be paid over and above the 40 s. deposited according to the Rule A. Keck C. S. W. Rawlinson C.S. Sabbati 14 die Maij Anno Regni Regis Reginae Gulielmi Mariae 4. 1692. Touching Exceptions to Masters Reports Ordo Curiae WHereas it hath been by experience found that Exceptions have been frequently taken to Masters Reports which on arguing have appeared very frivolous tending only for delay and whereby the Suitors are put to great charges to bring on such dilatory Exceptions It is this day ordered by the Right Honourable the Lords Commissioners He who will file Exceptions to a Report shall within 8 days after procure a fixt day for the setting down such Exceptions to be heard and thereof give notice to the other side c. That when and as often as any Party Plaintiff or Defendant shall take and file Exceptions to a Report made in any Cause either now depending in this Court or which shall hereafter be depending the Party so excepting shall within eight days after such Exceptions filed procure a fixt day for the setting down such Exceptions to be heard and thereof give due notice to the Clerk in Court for the other Party or in default thereof such Exceptions so filed shall from and after the Expiration of the said eight days stand over-ruled and the Party obtaining such Report Vide infra This Order suspended 7 July 93. shall be at liberty to proceed thereon as if no Exceptions were ever filed Sabbati 29 die Octobris Anno Regni Regis Reginae Gulielmi Mariae 4. 1692. Touching Filing Reports and Certificates Ordo Curiae WHereas it hath been found of late too common a practice for to ground Contempts Orders and Decrees and other Proceedings on Reports of the Masters of this Court before the same be actually filed with the Register of this Court where the same ought to be filed before any proceedings be had thereon Now for the prevention thereof and of the inconveniences that may happen to the Suituors by such neglects All Reports or Certificates made or signed by the Masters to be filed with the Register within 4 days after such signing It is this present day ordered by the Right Honourable the Lords Commissioners c. That all Reports and Certificates that shall be made and signed by any of the Masters of this Court shall by him that sueth forth or taketh the same from the respective Masters be filed with the Register of this Court within four days after the making and signing thereof The Register to indorse on the back thereof the day of receiving and filing it and that the Register when any Report or Certificate is brought to be filed shall endorse on the back thereof the day of the receiving and filing such Report and Certificate and that all Proceedings which shall hereafter be grounded on any Report or Certificate not filed as aforesaid shall be utterly void and of none effect and such neglect of filing being made appear to their Lordships by the Certificate of the Register shall be good cause for the discharging of Proceedings thereupon and also for the incurring such further Costs as their Lordships shall think fit to inflict on the Party offending contrary hereto and that for the better and more publick notice of this Order fair Copies thereof are forthwith to be made and put up in the Registers Office Masters Office and Six Clerks Office for all persons concerned to take notice thereof Veneris 7 die Julij Anno Regni Regis Reginae Gulielmi Mariae 5. 1693. Exceptions to Masters Report Ordo Curiae WHereas by an Order of the 14th May 1692. It was ordered Vide supan 14 Maij 1692. The said Order of 14 May suspended That the Party excepting to any Report should within eight days after the filing thereof procure a fixt day for the hearing thereof or otherwise such Exceptions so filed should be over-ruled and the other Party should be at liberty to proceed as if no Exceptions had been filed Now forasmuch as the said Order in the execution thereof hath instead of the benefit intended to the Suitor thereby proved an inconvenience the Right Honourable the Lord Keeper c. doth order That the further execution of the said Order be suspended till further order Jovis 7 Decembris Anno Regni Regis Reginae Gulielmi Mariae 5. 1693. Touching Clerks Misbehaviour Ordo Curiae Private Clerks misbehaving themselves ordered to attend WHereas a Complaint was this day made to the Right Honourable the Master of the Rolls of the misbehavior of several of the younger Clerks in the Six Clerks Office it is ordered that Mr. Watkins Mr. Mutchell Mr. Wright Mr. Raworth Mr. Burroughs Mr. Cook Mr. Conset Mr. Talbott Mr. Lloyd Mr. Downeing and their Clerks do attend his Honour on Saturday next at three in the Afternoon at which time Mr. Wilkinson Mr. Bagshawe Mr. Jaques Mr. Bridges and Mr. Derbysheirs Clerks are also to attend when such further Order shall be made as shall be just and that the Messenger attending this Court do give notice thereof to the said respective persons Sabbati 9 die Decembris Anno Regni Regis Reginae Gulielmi Mariae 5. 1693. Touching the Six Clerks and Under-Clerks Ordo Curiae WHereas Complaints have been made by the Petition of the sworn Clerks of this Court to the Right Honourable the Master of the Rolls that divers of their Under Clerks have of late behaved themselves after a bold insolent rude and disorderly manner in the Six Clerks Office as well towards their respective Masters as to others the sworn Clerks and to the Suitors of the Court attending the dispatch of their business there by unmannerly and abusive language breaking of Windows cutting Desks breaking down Seats throwing Stones and other things at the said sworn Clerks and their Clients whereby and by making rude and undecent Noyses often forced them to leave the said Office and caused the same to be shut up in the most usual time of business and when the Court hath been sitting to the great scandal thereof and damage of the said sworn Clerks and their Clients and contrary to the duty of the said Under-Clerks and the ancient and laudable usage of the said Office And whereas Complaint hath been likewise made to his Honour by the Petitions of the Under-Clerks that the Six Clerks do take and imploy persons to be their waiting Clerks who
have not been Articled Clerks or ever educated and imployed in the said Office and that several of the sworn Clerks have and do not only take more than one Articled Clerk which they by the Rules and Orders of the said Court for the Government of the said Office ought not to do but do likewise carry the Records out of the said Office and cause the same to be copyed at under rates by persons out of the Office rather than to allow to their Under-Clerks their due Fees for Copying thereof All which proceedings are not only contrary to the ancient Orders and Rules of the said Office but manifestly tend to the discouraging of diligence industry and Clerkship and to the introducing of ignorance All which matters his Honour taking into his serious consideration and being minded to prevent the like and all other abuses and disturbances in the said Office for the future and for the time to come to keep and restrain the said Under-Clerks within such Rules and decent behaviour towards all and every the sworn Clerks of the said Office and their Clients as ought to be practised and observed amongst the Clerks in so High and Honourable a Court doth think fit and so order that none of the said Under Clerks do hereafter presume by any of the ways aforesaid or by any other means on any pretence whatsoever to make any such Noyse or disturbance or commit any disorder in the said Office or cause or procure the said Office to be shut up or endeavour to force or oblige any of the sworn Clerks or their Clients to depart from or leave the same And that the said Office be not for the future shut up at any times than only upon such Holy-days as are kept by the Court in Term time and such only in Vacation as are or shall be appointed to be kept by Act of Parliament or any other publick Authority Rules of behaviour of the Under-Clerks to the sworn Clerks And further That no Under-Clerk in the said Office shall from henceforth during the time of his Clerkship presume to wear any Sword either in or out of the said Office within the Cities of London or Westminster or the liberties thereof or to be covered or wear his Hat in the said Office in the presence of any one of the sworn Clerks but that all the said Under-Clerks shall during all the time of their respective Clerkships as well in their Masters Seats as elsewhere in the said Office be uncovered and behave themselves orderly soberly and with respect towards all the sworn Clerks and the Suitors of the Court And in case any of the said Under-Clerks shall be idle in the said Office out of their Masters Seats they shall upon the admonition or command of any of the sworn Clerks immediately repair to their Masters Seats and quietly sit and attend their business there from seven of the Clock in the Morning in Summer and eight in the Winter till twelve of the Clock at Noon and from two of the Clock in the Afternoon until such time as their respective Masters shall think fit And in case any of the said Under-Clerks shall be hereafter guilty of any the aforesaid or any other abuses disorders or indecencies in the said Office he and they so offending shall undergo such punishment either by expulsion or otherwise as his Honour 〈◊〉 the Master of the Rolls for the time being shall think fit to inflict and for the better incouragement of the Under-Clerks and to the end the Rules and Orders for the Government of the said Office may be the better observed for the future his Honour doth further order No Six Clerk to take a waiting Clerk but such as hath been an Articled Clerk That no Six Clerk do for the future take any person to be his waiting Clerk or Clerks but such who are or have been Clerks articled to some one of the sworn Clerks of the said Office and that they have not above two waiting Clerks each Six Clerks not to have above two waiting Clerks each and if any of their future waiting Clerks have not been Articled Clerks such waiting Clerks shall be forthwith discharged and that no sworn Clerk do take and have more than one Articled Clerk at the same time No sworn Clerk to have more than one Articled Clerk at the same time before his first Articled Clerk be preferred in the said Office or that the first Articled Clerk be discharged with the knowledge and approbation of his Honour 〈◊〉 the Master of the Rolls for the time being And if any of the sworn Clerks now have any more than one Articled Clerk that such sworn Clerk do discharge his second Articled Clerk from the said Articles and deliver up his Articles with what he hath received with him his Honour declaring That if any sworn Clerk have or shall presume to Article with a second Clerk before the first Clerk be preferred in the said Office or discharged as aforesaid such Articles shall be deemed and taken to be ipso facto void and of none effect And doth further order No sworn Clerk to carry Records out of the Office without leave of the Master of the Rolls nor to employ any to Copy Records but such as are Arcicled Clerks That no sworn Clerk do presume being contrary to his Duty to carry any Records out of the said Office without leave first obtained from the Master of the Rolls for the time being nor do imploy any person in the Copying of any Records but such who are Articled Clerks unless in case of sickness or that the Articled Clerk shall refuse or neglect to Copy the same whereof Complaint is immediately to be made to his Honour to the end the same may be redrest And to the end this Order may be the better known effectually obeyed and duly observed his Honour requires and expects the same to be fairly ingrossed and from henceforth hung up in the said Office in a Frame to be provided for that purpose Sabbati 19 die Januarij 1694. Touching Reading Depositions Ordo Curiae WHereas in former times as well as lately Complaints have been made by the Examiners of this Court That after Depositions of Witnesses have been taken in their Office between parties Plaintiff and Defendant one of the said Parties or some of their Agents have taken out the Copies of Depositions for his Party only and afterwards the same Party hath for Mony or other reward given or suffered other Copies to be made out of them to the adverse Party his Solicitor or Agent who have made use of them on all occasions as if authentick By reason of which said second Copies so surreptitiously made the Court may be misguided all which doings tend to the great abuse of the Court and prejudice of the Clients and their Causes as well as to the scandal of the said Office and the depriving the Officers of their due Fees And whereas