in the several Offices of the Masters Six Clerks and Registers that all Parties concerned may take notice thereof Lord Chancellor and Master of the Rolls the 17th of May 1697. forbidding all Masters Clerks of this Court and Examiners Clerks to practise as Solicitors Ordo Curiae VVHereas there have been former Complaints and the causes thereof have lately appeared to be still continuing that the Clerks belonging to some of the Masters of this Court and also some Examining and Copying Clerks in the Examiners Office have taken upon them the soliciting of Causes depending between Party and Party in the said Court so as no person that is a Suitor to the Court can be safe in his Person or Estate where any such Clerks shall be retained as Solicitors against him which practice of theirs hath and may hereafter tend to the perverting of Justice to the great Scandal of the Court for the prevention whereof and that the Suitor may be preserved from suffering by the ill consequences that may happen thereby for the future the Right Honourable the Lord High Chancellor of England with the advice and assistance of the Honourable the Master of the Rolls doth hereby order That from henceforth no Clerk belonging to any of the Masters of this Court nor any Clerk belonging to either of the Examiners of this Court shall take upon him either by himself or any other person under him the managing or soliciting any Cause whatsoever either already commenced or which shall hereafter be commenced in this Court. And if any person so related to the said Court or which shall hereafter be so related shall be found to offend against this Order they shall not only be suspended their Imployments but for their Contempts shall stand committed to the Prison of the Fleet and the Masters of this Court as also the Examiners are to take care that all their Clerks do give obedience hereto And that all persons concerned herein may have due notice hereof his Lordship doth further order That Copies of this Order be sent to the Publick Officers of the said Masters and Examiners of this Court Geo. Edwards Deputy Register AN Alphabetical Table of the Principal Matters A Affidavits FIling and Registring of Affidavits before they are read 23 Jan. 1629. 21 June 60 Page 8 92 And no Process to be grounded upon Affidavit except it be filed Page 10 Affidavits to be filed and registred in convenient time Page 94 How the Masters are to take Affidavits Page 15 Or certifie them Page 74 146 Affidavits to be written without Blots or Interlineations 28 Feb. 1632. Page 18 Affidavits to be filed in due and convenient time after they are sworn ibid. and Page 93 Table of Fees of the Affidavit Office vide Fees Page 35 Answer vide Report Peers to answer upon Reputation of Honour only Page 63 Plaintiff need not serve the Defendant with a Subpoena for a further Answer 1676. Page 192 If the Defendant put not in a perfect Answer within four days then Process of Contempt ibid. And the party may proceed on former Pro-Process Answer how to be drawn Page 121 No second Commission to Answer without special Order ibid. Of hearing upon Bill and Answer Page 122 Twenty shillings Costs for amending an Answer and if the first Answer be certified insufficient 40 s. Page 123 124 Of a second Answer Page 124 So of a third or fourth or fifth Answer ibid. The Plaintiff need not serve the Defendant with a Subpoena to make a further or better Answer but to give a Rule to the Defendants Clerk or a Copy of the Order Page 193 And if the Defendant put not in a perfect Answer in eight days procesâ— of Contempt Page 193 No Exception to Reports touching the sufficiency or insufficiency of the Answers shall be filed in the Registers Office unless notice given to the Clerk on the other side Page 197 Attachments After Attachment with Proclamation is retorned no Commission to Answer nor no Plea or Demurrer without notice Page 121 Register not to enter any Commission Rule or Attachment but by Warrant of the Six Clerk Page 54 Amendment of Letters Patents the manner how 16 November 1635. Page 22 How the Master is to demean himself when an Account is referred to him 29 October 83. Page 201 Attachment for not appearing to a Subpoena Register not to enter any Commission Rule or Attachment but by Warrant under the Six Clerks hand 1646. vide Contempt B. HOw Counsel to demean themselves in drawing Bills Page 113 Of Scandalous Bills Page 114 Bills to be dated the same day they are brought into the Office ibid. No Bills to be Engrossed or Copied out of the Office 1646. Page 55 No Bills Answers or Pleadings to be Copied till they are duly filed 1646. Page 131 Bills to be filed with the Six Clerk according to their several dates 16 May 59. 30 May 59. Page 83 86 No Bills c. or Records to be carried by the under-Under-Clerks to be Ingrossed in their Chambers Page 55 Paper Books called the Bills and Costs to be brought into Court Page 80 Register of Commissions of Bankrupts Page 201 C. Clerks under-UNder-Clerks to be allowed Parchment for passing Decrees 5 June 11 Car. 1. Page 23 Differences between the Six Clerks and the Examiners setled 3 March 36. Page 81 Every Six Clerk after the end of the Term to examine their Titling Books by the Filing-Book 9 June 14 Car. 1. Page 43 Every Six Clerk to be stinted to twelve Under-Clerks 25 Jac. 63. Page 111 226 Ordinances for regulating the Under-Clerks and augmenting their number 20 March 88. Page 162 226 None to have access to the Records but the sworn Clerks Page 228 Fine on a Six Clerk for not attending the Hearing Page 61 Rules of Behaviour of the Six Clerks and Under-Clerks 9 December 93. Page 160 The Oath of an Under-Clerk Page 161 A Six Clerk is to take an Articled Clerk for a waiting Clerk and not to have above two waiting Clerks each ibid. No sworn Clerk to have more than one Articled Clerk ibid. The time of admitting the Under-Clerks enlarged 31 October 68. Page 171 Division of the business of the Six Clerks Office according to the Alphabet Page 37 Repealed Page 108 Commissions No Commission for examination of Witnesses to be in or near London 7 March 1629. not within 20 miles 15 October 1651. Page 12 Commissioners Names to be entred in a Book 1646. Page 56 Upon a renewed Commission all the Witnesses to be examined Page 133 No Commission ad examinand ' Testes to be in London or within 20 miles Page 64 Who to bear the Charges of the Commission Page 132 Certificate vide Orders Masters The Masters not to return special Certificate to the Court unless required by the Court Page 144 How Certificates and Reports of the Master are to be drawn Page 145 The Masters Certificate not being to ground a Decree is positive Page 146 Contempts Process of Contempt to be
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
order that from henceforth the Attorney of this Court upon the Filing of any Pleadings or Record with them The Attorney of this Court upon the Filing of any pleadings or Records with him shall by himself or his Deputy transfer the same to the Attorny of the other side shall by himself or his Deputy transfer and deliver the same Pleadings or Record to the Attorney of the other side or his Deputy without trusting any other Clerk to do the same and to the end that those Errors and inconveniences may be prevented and avoided for the future which do and may arise by reason sometimes more Records and Pleadings are entred in the Attorneys Filing-Book than in the Tituling Book of the same Attorney It is thought fit Every Six Clerk after the end of every Term shall examine their Tituling Book by the Filing-Book and so ordered by his Lordship that every of the Six Clerks or their Deputies shall from henceforth after the end of every Term and before the beginning of the then next Term examin and compare the Tituling-Book by them kept and the Filing-Book kept for the same Office the one with the other and certifie the Errors and supply the defects and omissions which they shall find therein that both may be made perfect and agreeable the one with the other Ordo Curiae vel Ordo Regis pro Fees 1638. Concerning Fees Ordo Curiae IT is his Majesties pleasure that the Judges of all his Majesties Courts at Westminster Juries in all the Courts to enquire the Fees of the Courts that have occasion to Impannel Juries of the Officers and Clerks of the same Courts to enquire of matters concerning the same Courts shall Impannel such Juries this Term and enquire what Fees have been usually taken in such of his Majesties Courts of Justice by the several Officers of the same Courts for the space of thirty years last past upon Certificate whereof his Majesty will take such course for the setling of those Fees in the said several Courts as to his Wisdom shall seem meet and the Lord Keeper is not only to perform this his Majesties pleasure in the Court of Chancery but to signifie the sâ—me his Majesties pleasure to the Judges of the other Courts that they may perform the same this Term. The Oath of the Officers that are to enquire of Fees in the Court of Chancery YOU shall diligently enquire and true Presentment make of all such Fees and payments as now are and by the space of thirty years last past have been used to be taken by any Officer Minister or Clerk of this Court as belonging or claimed to belong to him or them by reason of his Office place or Clerkship and what Fees now taken or claimed have been begun inhansed increased or innovated within the space of thirty years and when and how long since and how the same were so begun innovated inhansed or increased Martis 23 die Junii Anno Regni Caroli Regis 16. 1640. Concerning Subpaena's Ordo Curiae THe Right Honourable the L. Keeper taking notice that Subpaena's retornable immediate have been lately granted upon Petition by the Master of the Rolls which is a thing proper to be granted by his Lordship No Clerk shall take out any Sâ—bpaena retorn immediate without Order of the Lord Keeper and not otherwise It is ordered that all the Clerks of this Court do hereby take notice that from henceforth they may not take forth any Subpaena retorn immediate without the special command of the Lord Keeper Veneris 26 die Junii Anno Regni Caroli Regis 16to 1640. Concerning Subpaena's ad audiendum Judicium Ordo Curiae WHereas several Lord Keepers of the Great Seal of England having been informed of sundry abuses in the untimely and disorderly setting down of Causes for hearing in this Court Vide supra 1. Order confirmed fol. 1. and the obtaining of Subpaena's ad audiendum Judicium thereupon whereby ancient Causes have been kept back from hearing and other Causes thrust in to the prejudice of other Clients and scandal to the Court the Six Clerks towards the Cause never being made acquainted therewith for Reformation whereof their Lordships upon sundry Complaints to them made have by several Orders of the 18th of Feb. 19 Jacob. Regis the 28th May 21 Jac. and the 30th June 1th Car. now perused by the Right Honourable the Lord Keeper that now is Ordered and required that hereafter it should be carefully observed that no Subpaena should be made ad audiendum Judicium for any Cause of hearing whatsoever before the Clerk that makes the same Writ have a Note under the hand of the Six Clerk that is Attorny in the Cause No Subpaena ad audiend ' Jud ' before the Clerk have a written Note under the hand of the Six Clerk and Register to warrant the same and under the hand of the Register and in their absence under the hand of their sufficient known Deputies to warrant the same and that if any such Clerk should presume to offend therein then the said Clerk so offending was to stand committed for such his contempt Now forasmuch as the Right Honourable the now Lord Keeper was this day informed by the Six Clerks of this Court that of late times the said Order hath been neglected and divers Subpaena's have been made without any such Note from them or their Deputies in contempt of the said Order Whereupon his Lordship minding as his Predecessors have done to have the said Order put in Execution in all points and the penalty aforesaid to be inflicted upon the offenders Doth now Order that the Clerks of the Subpaena-Office having notice hereof shall at their peril and under the penalty aforesaid observe and perform the aforesaid recited Order without putting the said Six Clerks to make further Complaints to his Lordship for breach thereof Jo. Finch C. S. Sabbati 23 die Januarii Anno Regni Caroli Regis 22. 1646. At the Rolls Master of the Rolls Sir Edward Low Concerning Decrees made with the Assistance of the Judges Ordo Curiae IT is ordered that all Injunctions Decrees and Dismissions hereafter to be granted or made by any of the Judges sitting in Chancery Injunctions Decrees and Dismissions made by any of the Judges sitting in Chancery to be Signed by them shall be first Signed by them or such of them as shall grant or make the same before the Order whereby the same shall be so granted or made shall be entred in the Register whereof all the Six Clerks and other Clerks of this Court are to take notice and carefully to observe the same and to enter the Orders before the same be Signed by the Commissioners Lunae 26 die Aprilis Anno Regni Caroli Regis 23. 1647. Concerning Petitions The Earl of Manchester Speaker Ordo Curiae THE Right Honourable the Commissioners for the Custody of the Great Seal of England taking into consideration the many complaints that have
Clerk towards the Cause or in his absence such his Deputy as aforesaid thereunto put nor any Depositions or Answers taken by Commission to be opened or Copied till they be truly returned and delivered to the Six Clerk himself out of whose Office the Commission issued No Deposition or Answer taken by Commission to be opened or Copied till they be truly retorned to the Six Clerk or in his absence to such his Deputy as aforesaid and until the Publication be duly passed in the Cause as hath been anciently used 6. No Bills Privy Seal Commission Decrees Dismission Injunctions or Record to be carried to be Ingrost Inrolled Copied c. by the under-Clerks at their Chambers and so soon as they are Ingrossed Copied or Inrolled then he shall bring the Original Bill to the Six Clerk No Bill Privy Seals Commissions Warrants or other Pleadings Commission Decrees Dismissions Injunctions or Records whatsoever shall from henceforth be carried to be Engrost Enrolled Copied or otherwise used by any of the under Clerks to their Chambers or else where out of the Six Clerks Office or Lodgings there and when and so soon as any Clerk shall have Ingrossed Inrolled Copied or used any such Warrants Pleadings Commissions Decrees Dismission or other Record in the said Office he shall bring the Original thereof presently back to his Master or to such of the Six Clerks to whom the custody of the same doth or shall belong for the more safe keeping or disposing thereof Within one Term any cause shall be determined by Decree or Dismission the same be delivered to the Six Clerk And it is further ordered that within one Term after any Cause shall be determined by Decree or Dismission every Clerk that shall have any Decree or Dismission or that shall have any other Record of or touching the Cause in his custody shall deliver the same to that Six Clerk to whom it shall belong to keep the same or to such his Deputy as aforesaid according to the Ancient Usage 7. No Decree Dismission Injunction c. shall be presented by the Register to be Signed without the Six Clerks hand Subscribed No Decree Dismission Injunction or other Writ shall be presented by the Register of this Court his Deputy or any other to the Lord Chancellor or Keeper or other Commissioners for the keeping of the Great Seal or Master of the Rolls for the time being to be Signed without the proper hand of the Six Clerk in the Cause or such his Deputy as aforesaid in his absence first Subscribed thereunto 8. In all Joint Commissions the Commissiers Names shall be enterd in a Book for that purpose to be kept by the Six Clerk That in all Joint Commissions to take Answers examine Witnesses prove Contempts and other special Commission directed by the Court the Name of the Commissioners agreed on shall be entred in a Book for that purpose to be kept by the Six Clerk himself who hath the carriage of the Commission and Subscribed unto by each Six Clerk in the Cause or in their absence by such their several respective Deputy or Deputies whereby no alteration may be had of the Commissioners Names agreed on but by Order and that the under Clerk presume not to agree upon the Commissioners Names after any other manner Lastly It is Ordered that these Orders be fairly written in several Tables and hung up in the Office every Term in the Court to the end that all Counsellers Clients Clerks and Sollicitors may the better take notice of them to observe them and that they be likewise entred with the Register of this Court Rec. 21. Jan. 23 Car. Intrac tunc E. Manchester C. S. William Lenthall C. S. William Lenthall Mag. Rot. Lords Commissioners Sabbati 26. die Maii Anno Regni Caroli Regis 25. 1649. Filing of Affidavits Ordo Curiae WHereas Mr. Attorney General did this day move on the behalf of Sheffield Stubbs Register of the Affidavits of this Court and produced several General Orders made by this Court concerning the Filing of Affidavits contrary to which Orders there have been several abuses committed in not Filing of Affidavits and therefore was prayed that a General Order might be made for the redress thereof It is Ordered that their Lordships be attended herein and put in mind thereof when other General Orders are made and then such Order shall be made as shall be fit Lunae 26 die Novembris Anno 1649. Concerning Injunctions Ordo Curiae WHereas heretofore the course of the High Court of Chancery hath been when the Defendant or Defâ—ndants pray a Dedimus Potestatem to answer in the Country upon motion made by the Plaintiff the Court did grant an Injunction to stay Suits at Law which motion many times was hard to be obtained and chargeable to the Client this Court for a remedy of the said inconveniency and for the ease of the Client doth order and declare that for the future whensoever the Defendant or Defendants shall pray a Dedimus Potestatem to take their Answer Plea or Demurrer in the Country that the Plaintiff Six Clerk Writ of Injunction of course upon a Dedim ' Pot ' to take Answer Plea or Demurrer without motion by the Plaintiff or such his under Clerk as he shall appoint shall without motion made to the Court prepare and draw a Docquet and Writ of Injunction of course unto which Docquet it is ordered by the Court that the Six Clerks that are Attornies in the Cause or their respective Deputies shall subscribe their Names and in which Writ the Cause of granting the said Injunction is to be exprest in the usual form which Docquet and Writ being so prepared shall be presented to be Signed as formerly And this Court doth further order that this Order shall be observed for a constant Rule in this Court by the Six Clerks and their under Clerks that the Client may have the benefit thereof and if any Injunction in such case do issue forth in any other manner than as before is exprest it shall be void and of no effect B. Whitlock C. S. R. Keble C. S. Jo. Lisle C. S. W. Lenthall C. S. Sabbati 8 die Decembris Anno 1649. Touching Records Ordo Curiae IT is this day Ordered by the Honourable the Master of the Rolls that the Records of this Court untill 5 Car. now remaining with the Six Clerks of this Court in the Office of the said Six Clerk Records to be transferred over to the Chappel of the Rolls be tranferred over to the Chappel of the Rolls to be safely kept there according to the usual course and all the Callender thereunto belonging that may be had between this and the beginning of next Term. And it is also Ordered that the Clerks of the Chappel of the Rolls do receive the said Records and give a Catalogue to the Six Clerks for a receipt of so many of the Records as shall be transferred over to their
hands by the time aforesaid William Lenthall C. S. Lunae 1. Aprilis Anno 1650. Concerning Prisoners Ordo Curiae IT is this day Ordered by the Right Honourable the Lords Commissioners for the custody of the Great Seal of England that such Prisoners now in the Custody of the Warden of the Fleet Prisoners in the Fleet not worth 5 l. to have their Liberties by Habeas Corpus who have made Affidavits according to the late Act of Parliament for Prisoners that are not worth 5 l. shall have their Liberty by their Habeas Corpus upon their own Security to be given to the Warden of the Fleet. Veneris 21 die Junii 1650. Touching the Six Clerks Ordo Curiae WHereas only Mr. Hales one of the Six Clerks of this Court gave his Attendance this Morning sitting the Court at the entring into the hearing of the Cause wherein Kitchen is Plaintiff against Meredith Defendant Fine on a Six Clerk for not attending at an Hearing and the rest of the Six Clerks made default It is therefore this present day Ordered that such of the Six Clerks who so made default of their attendance and service to this Court at the beginning of that Cause be fined 10 s. a-piece to the Poor and the Usher of this Court is to receive the same to the use aforesaid Lunae 17 die Febr ' Anno 1650. Pleas and Demurrers Ordo Curiae THe Right Honourable the Lords Commissioners for the Custody of the Great Seal of England taking notice of many inconveniences by the entring Demurrers in the Paper after the same is set up in the Registers Office Plea and Demurrer to be put into the Paper at least two days before the hearing such Plea or Demurrer and after such Paper put in the Registers Office no alteration to be made therein whereby the other Side is many times surprized do think fit and order That from henceforth the Registers do not enter any Plea or Demurrer in the Paper at the instance of any person or Warrant for setting down the same on any certain day unless the Suitor shall bring such Order or Warrant to the Register to be so entred at least two days before the day appointed for hearing such Demurrers or Plea and that after such Paper made and set up in the Registers Office no addition or alteration shall be made therein Jovis 31. die Decembris Anno Regni Car ' Regis 16. 1640. The Nobility Answering Ordo Parl ' ORdered upon the Question Nemine Contradicente That the Nobility of this Kingdom and Lords of the Upper House of Parliament are of Ancient Right to answer in all Courts as Defendants Peers of the Realm to answer in all Courts upon Protestation of Honour only upon protestation of Honour only and not upon the Common Oath and that the said Order and this Explanation doth extend to all Answers and Examinations upon Entries in all Causes as well Criminal as Civil and in all Courts and Commissions whatsoever and also to the persons of the Widows and Dowagers of the Temporal Peers So the Widows and Dowagers of Temporal Peers of the Land and that the Lord Keeper of the Great Seal of England for the time being or the Speaker of the Lords House for the time being do forthwith give notice of it together with the explanation to all the Courts of Justice and the Judges Clerks and Registers of them by causing our former Order with this explanation to be recorded in all Courts and that all Orders Constitutions or Customs entred or practised to the contrary whensoever may be abolished and declared void and the Lord Keeper of the Great Seal for the time being or Commissioners of the Great Seal out of Parliament-time shall see all practice to the contrary hereafter to be punished with exemplary severities to deter others from the like attempts Jo. Browne Cleric ' Parl ' Lords Commissioners Wednesday the 15th of Octob. 1651. Concerning Examiners Ordo Curiae UPon motion this day made unto the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England by Mr. Rich and Mr. Raven on the behalf of the Examiners of this Court touching an abuse by some persons of late often committed in taking out and executing Commissions in and about London contrary to the General and Known Rules and Practice of this Court that no Commission shall be executed in London No Commission to be executed in London or w thin 20 miles thereof or within twenty miles thereof and several Orders of Court heretofore made in confirmation thereof their Lordships do appoint the Examiners to attend them with the Orders and Presidents of the Court in this Case and they will then be pleased to give such order for relief of this abuse as shall be just Lords Commissioners Fryday the 18th of June 1652. Concerning Motions Ordo Curiae WHereas heretofore Thursday in every Week in the Term-time was appointed by the Right Honourable the Lords Commissioners c. for the hearing of Motions and so observed for several Terms together to the great benefit of the Suitors but of late the said Custom hath been let fall without any Direction or Order from their Lordships and Causes appointed to be heard every day except the First and last through the whole Term. Their Lordships upon the motion of Mr. Chute do order that from henceforth Thursday in every week in the Term-time to be observed for motions only Thursday in every week in the Term-time unless when it happens to be the the second of the beginning or the last day save one of the end of the Term to be observed for hearing of Motions only and the Six Clerk as also the Secretary are to take notice thereof and not to tender or procure any Cause to be set down for hearing on that day Thursday the 16th of March 1653. An Order made by the Honourable William Lenthall Esq Master of the Rolls for the better ordering and safe-keeping the Records in the Six Clerk Offices FOr as much as there have been Complaints lately made to the Honourable the Master of the Rolls of divers Records lost or so mislaied in the Six Clerks Offices that they are not to be found which abuse and other mischiefs upon enquiry he finds to grow from the great neglect of due filing of Bills Answers and other Pleadings and carrying them out of the Office to be copied and lying scattered up and down the Offices in the Under-Clerks Seats His Honour taking consideration thereof and for redress for the future doth order and command all the Clerks in the said several Offices that they forthwith turn over all Bills Answers and Pleadings which they have in their several custodies or have delivered out to be copied and which ought to have been turned over and filed before this time to the end they may be all forthwith filed with the several Six Clerks for their safe custody And that all the
Clerks hereafter be more careful for the filing all Bills Answers and other Pleadings in due time and that no Clerk hereafter presume upon any pretences whatsoever to Copy any Bill Answer or other Pleadings before they be duly filed Bills Answers and Pleadings to be duly filed and no Copies to be taken thereof till they are filed No Record to be carried out of the Office to be filed and that the Client who delivers any Bill Answer or other Pleading to be so copied before the filing thereof shall be adjudged equally faulty as the other Clerk that shall so copy them And that no Clerk shall deliver any Record to be carried forth of the Offices to be copied And it is further ordered That if hereafter any disobedience by any of the Under-Clerks in that Office shall appear it is thereby ordered That the Six Clerks in whose Office the default shall be found shall forthwith present such default to the said Master and if the same be found true such Clerk or Clerks are hereby disabled to sit any more in that Office as an Under-Clerk or keep any Desk there and shall pay the full Damage and Costs that the party grieved whom it may concern shall be at by such default And it is further ordered That this Order be fixed up forthwith in the Office of the Six Clerks that every one may take notice thereof And his Honour doth further charge and command the Six Clerks that they respectively see these Orders from time to time duly observed as they will answer the contrary at their perils William Lenthall Order of the Master of the Rolls Thursday the 29th of June 1654. Concerning Records to be brought into the Chappel of the Rolls FOr as much as it appears to me and also upon several Complaints made to me and diligent enquiry thereupon that many inconveniences arise to the people of this Nation for that you the respective Officers under my charge do neglect to return and bring into the Chappel of the Rolls all Inrolments Inquisitions and Records in your several charges These are therefore to will and require you and every of you and I do hereby order you the several Clerks the Clerk of the Inrolments and the Clerk of the Petty-Bag to bring into the Chappel of the Rolls all such Inrolments Inquisitions and Records as have been usually brought into the Chappel of the Rolls Clerk of the Inrolments and of the Petty-Bag Inquisitions and Records to be brought into the Chappel of the Rolls and are not yet brought and are now in any of your respective Custodies together with the several and respective Callenders thereof fairly written and delivered to my self at or before the first day of August 1654. that thereby such use may be made of them as shall be for the most advantage and ease of the people and the preservation thereof more immediately under my view and if any of the said Officers shall neglect their duty herein such course shall be forthwith taken for their disobedience by sequestration of their several and respective Offices or otherwise as shall appertain to Justice and according to former Presidents in like cases And it is further ordered That this Order or a true Copy thereof be forthwith delivered to every one of the Officers aforesaid whom it may concern And also that this Order be forthwith fairly written and fixed in every Office that no excuse may be made for want of notice William Lenthall Monday the 23th of July 1655. Concerning Ideots and Lunaticks Ordo Curiae IT is this day ordered That no Order Affidavit or Certificate touching any Ideot Lunatick or Non Compos Mentis shall be made use of in this Court unless the same be filed with Mr. Shadwell the Clerk of the Custodies Order Affidavit or Certificate touching any Ideot Lunatick Non Compos Mentis to be filed with the Clerk of the Custodies within the space of five days inclusive next after the several and respective dates of such Orders Affidavits or Certificates N. F. C. S. J. L. C. S. Thursday the 9th of October 1656. Order on the behalf of the Masters of Chancery in Ordinary WHereas it appears by several Rules and Orders of this Court made by several Lord Chancellors and Lord Keepers that the Masters of the Chancery Extraordinary have been and are restrained from the exercising or doing any manner of Act as Masters of Chancery within the City of London or five miles compass thereof Masters Extraordinary not to act as Masters in Chancery in London or within five miles thereof and the Clerks and Officers of this Court are prohibited to receive or proceed upon any Acts done by the said Masters Extraordinary within the Compass aforesaid Upon consideration whereof had and upon hearing the Masters of Chancery in Ordinary It is this 9th day of October 1656. ordered by the Right Honourable the Lords Commissioners for the custody of the Great Seal of England that the said former Rules and Orders of Court do from henceforth stand revived and continue in force And to the end the same may be the better observed it is further ordered That from and after the 25th day of December next all Masters Extraordinary when they certifie any Answer Affidavit Deed or Recognizanc shall therewith also certifie as well the place where as the time when the same were sworn or acknowledged or in default of such Certificate of the place Masters in Chancery Extraordinary to certifie the time and place of taking any Answer Affidavit Deed or Recognizance or in case the same shall be sworn or acknowledged within London or five miles compass thereof such Affidavit Answer Deed or Recognizance shall not be admitted filed or inrolled without the special License of the Lords Commissioners or Master of the Rolls And that this Order be entred in the Register of this Court and Copies thereof set up and from time to time renewed and preserved for publick view in the Office of the Chief Register Chief Clerk of the Petty-Bag and Clerk of the Inrolments to the end that the said Master Extraordinary and the said Clerks and all Attorneys and other Officers of this Court may take notice and demean themselves accordingly and not otherwise Monday the 16th of February 1656. Of Examination of Witnesses Order of the Court. THe Right Honourable the Lords Commissioners for the Custody of the Great Seal of England taking into their serious Consideration the words of the late Ordinance for regulation touching the Execution of Commissions wherein it declared That after one Commission taken out by the Plaintiff The Plaintiff may take no more Commissions than one to examin Witnesses and not executed the Plaintiff shall be utterly debarred from exaamining any further Witnesses in his Cause Their Lordships are clear of Opinion that notwithstanding the literal sense of the said Regulation the Plaintiff in any Cause depending in this Court may have liberty to examin his Witnesses
of this Court and is kept from the Execution of the said Office by one Robert Sheires Esq who detains the Exhibitants Records and Writings belonging to the said Office whereby many of the Suitors of the Court are prejudiced and delayed in their Causes The Right Honourable the Lord Chancellor doth therefore order that the said Mr. Sheires Records to be delivered to a new Register at his peril doth forthwith upon sight hereof this night deliver the said Records and Writings to the said Mr. Strode Edâ— Hyde C. S. Sabbati 15 die Novembris Anno Regni Caroli secundi Regis 12. 1660. Concerning Affidavits Ordo Curiae WHereas the Right Honourable the Lord Chancellor of England and Master of the Rolls have upon due consideration had by their Honours of the present State of the Office of Registring Affidavits in this Honourable Court and the necessary use thereof for preventing the imbezelling and falsifying of Affidavits whereby the Court hath been often abused the course of Justice interrupted and the Suitor apparently wronged or unduly prejudiced And notwithstanding Special Orders of the Court heretofore made for that purpose and by directions both publickly and upon private Petitions given for due observation thereof yet the same hath been of late years so much neglected as it is now found necessary for the Honour of the Court Vide supra 23. Jan. 27. the good of the Suitor and the righting of the Officer to give reformation thereunto It is therefore this present day ordered by their Honours That all Affidavits of this Court except those only which belong to the Supplicavit Office shall before the same be executed in Court All Affidavits except those that belong to the Supplicavit Office before they be read in Court shall be first filed and registred in the Affidavit Office and attested by a Copy thereof under the Officers hand or otherwise produced to ground any Order Writs Process or Proceedings of Court thereupon be brought into the said Office of Registring Affidavits and be there filed and registred And that this Order both at the Court at Westminster at the Seals and at the Rolls by the Officers of this Court and all others whom the same doth or may concern be duly observed and kept at the perils of such as in contempt of this Honourable Court shall presume wilfully or negligently to decline or not observe the same Register not to sign any Order granted upon any Affidavit unless the Affidavit be first filed and registred And further it is ordered by their Honours that neither the Register of this Court his Clerks or Deputies shall or do at any time hereafter draw up sign or set his or their hand or hands unto any Order whatsoever granted upon any Affidavit unless the Affidavit be first filed and registred with the Register of the Affidavits and attestation brought and shewed to the said Register of this Court his Clerks or Deputies under the hand of the said Register of the said Affidavits or his Deputy attending in the said Office And it is further ordered by their Honours That no Master of this Court shall accept of or take the Oath of any person to an Affidavit except the same be fair and handsomly writ in one hand without blotting or interlining And in case any Affidavit shall escape the said Masters of this Court and pass so blotted and interlined under their or any of their hands it is further ordered That the Register of the Affidavits or his Deputy shall thereupon refuse the same and that afterwards no use shall be made thereof in any the proceedings of this Court. And it is further ordered by their Honours That all Affidavits taken or henceforth to be taken before any Master of the Court be brought unto the said Register of Affidavits or his Deputy for the time being to be there filed and registred in some due and convenient time To be filed and registred in â—ue and convenient time after the same be sworn unto and before use be made thereof in Court as well to prevent the vexation and trouble of His Majesty's Subjects in coming so often to enquire for such Affidavits before they come into the said Office as also that the parties against whom the Affidavits be made may have time by their Councel to inform the Court of any cause of Exception they may have to alledge against the same and that all the Clerks of the Court and Solicitors of Causes there shall by the end of Hillary Term now next following bring into the said Office all such Original Affidavits as shall remain in their hands and cause the same to be there duly filed and registred at their perils And to the End that none may have any excuse of being ignorant hereof it is lastly ordered That this Order being fairly written shall be set up in Tables and so shall remain in the several Offices of the Register the Six Clerks and of the said Affidavits E. H. C. Har. Grimstone Anno 13 Car. II. Reg. An Act for ascertaining and establishing of the Fees of the Masters of the Chancery in Ordinary WHereas the Office of the Masters in Chancery is of very ancient Institution and of necessary use and continual attendance for the dispatch of the business depending in that Court it appearing by ancient Records that the constitution of that Court was long before the Conquest much of the Duty Pains and Attendance whereof lieth on the said Masters and for that it conduceth much to the Administration of Justice that those who exercise places of Trust should have competent and certain rewards suitable to their pains and labour whereby they may have due maintenance to support the quality of their Places and that it is but fitting and necessary for the Subject to allow a moderate payment where they receive a proportionable advantage a Fee of four pence in times of that Antiquity being as much in value as two shillings now by reason whereof in process of time and the improved rate of all necessaries the present recompence of those ancient Offices is no way competent and proportionable to their pains and attendance which are likewise very much increased without any increase hitherto of what was so anciently allowed as aforesaid And for that it appears in all other Courts at Westminster there is twelve pence taken for every Affidavit and for that it hath been found inconvenient for Suitors to put in Answers or return Commissions in the private Studies of the Masters so that through the difficulty of finding such Answers and Commissions with what Master they were left or through the Masters absence at such time as they were called for it frequently happens the persons conceived to be in contempt are exposed to much trouble and charge thereby and for that it is more proper safe and satisfactory to the Subject in general that Affidavits Answers Recognizances and Acknowledgments of Deeds shall be dispatched in some publick
deliver the said Warrants to the riding Clerk to be inrolled according to their Just Right Whereupon his Lordship desired the Master of the Rolls to call all parties concerned before him having heard their several Allegations to certifie his Lordship how he found the case between them who having accordingly heard them made his Report or Certificate to his Lordship in these words 9 July 1662. To the Right Honourable the Earl of Clarendon Lord High Chancellor of England According to your Lordships directions the 29th of April 1662. Upon the Six Clerks Petition to have the Warrants of Leases delivered unto them by Mr. Kipps to be inrolled I have heard them and Hains with his Councel who made it appear that there had been several Patents of like nature to his granted to several persons since the 26th of Henry the 8th In Answer whereunto the six Clerks say that notwithstanding the said Patents Mr. Hains doth not shew that ever any of the said Patentees did inroll any Warrants for Grants that pass the Great Seal nor do any words as I conceive in his or any former Patents mentioned by him extend to the inrolment of any such Warrants The Six Clerks further made it appear that Edward Basely the late Patentee petitioned the lat King against them in 1634. concerning the inrollments of His Majesty's Deeds which was referred to the Commissioners of exacted Fees and I find in the year following upon examination had by the Lord Keeper Coventry with the concurrent Opinion of Sir Julius Caesar Master of the Rolls and Sir John Banks Attorney General it was certified under the hand of the said Lord Keeper amongst other things to have been the due ancient Right held and enjoyed by the Six Clerks to inroll all manner of Warrants for Patent Leases c. whereby the said Patent Leases c. pass the Great Seal Six Clerks to inroll all Warrants for Patent Leases c. whereby the Patend Leases c. pass the Great Seal whereupon his late Majesty by his Letters Patents bearing date the 17th of June 1635. to take away all questions doubts and ambiguities that heretofore have been or hereafter may be raised concerning the same and to the end the Six Clerks and their Successors for ever after might inviolably hold the same did allow approve grant ratifie and confirm the same And it was therein declared to be His Majesty's pleasure that the said Warrants shall be delivered from time to time by him or them in whose custody they shall remain to the Six Clerk who shall be riding Clerk for the time being to the end the said Warrants might be inrolled His Majesty further by the said Patent straightly charging and commanding that no other person or persons whatsoever should from thenceforth encroach or usurp upon them therein or molest or disturb them touching the same And the Six Clerks accordingly have ever since inrolled the said Warrants and before and ever since have received the Fees due for the same All which I humbly submit to your Lordships grave consideration as by the said Report remaining filed with the Register of this Court appeareth Har. Grimstone And his Lordship having perused the said Report doth declare his Concurrence in Opinion with the Master of the Rolls and doth therefore order and appoint the said Mr. Kipps to deliver out the said Warrants to be inrolled as by the said Petition is desired Master of the Rolls Sir Tho. Estcott Sir Mondeford Bramstone Lunae 25 die Januarii Anno Regni Caroli II. Regis 15. 1663. Concerning Subpaena's Ordo Curiae FOrasmuch as this Court was this day informed by His Majesty's Attorney General that one John Hungerford hath forged made and counterfeited Subpaena's and that he hath put Seals thereon like unto those sealed with the Great Seal as by two several Affidavits now produced and read in Court appeared And further informing that one Theophilus Aylmer had lately bespoke paid 18 s. for and had from the said Hungerford one forged and counterfeit Subpaena for 51 l. 13 s. 4 d. Costs in a Cause depending in this Court between Sharp and Brooks which coming to be examined before the Master of the Rolls he committed the said Hungerford and Aylmer for such misdemeanour contempt and abuse of this Court unto the Prison of the Fleet Punishment of those that forge Subpaena's who are still in Custody It was therefore prayed that the said Hungerford and Aylmer may be punished and made exemplary for such their Misdemeanour Abuse and Contempt of this Court and his Majesty's great Seal Whereupon it is ordered that the said Hungerford and Aylmer be brought into this Court when the Right Honourable the Lord High Chancellor of England doth sit in Court and in the mean time the Register is to search Presidents of what hath been done by the Court in punishing Offences of like nature Mercurii 18 die Julii Anno Regni Caroli II. Regis 18. 1666. Touching the Business of the Court divided according to the Letters of the Alphabet Ordo Curiae THe Right Honourable Edward Earl of Clarendon Lord High Chancellor of England and the Honourable Sir Harbottle Grimstone Baronet Master of the Rolls taking into their Consideration the manifold disorders and undue practices which in the late times have crept into the Six Clerks Office to the great dishonour of this Court the obstruction of Justice the damage of the Client and confusion and loss of the Records and the several ways of redressing the same And having divers times heard the Six Clerks and their under-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
No new Interrogatories put to examine the same Witnesses Witnesses to be examined in Court after the day of publication though they were sworn before so as a Copy of the Rule or Order whereby Publication passed be delivered to the Examiner that he may take notice thereof That all Copies of Bills Answers How many Lines in a Sheet Copies to contain Depositions or other Record or thing whatsoever belonging to the Six Clerk to copy shall contain fifteen Lines at the least in every Sheet of Paper written fairly and orderly and unwastefully And that no such Copy shall be henceforth delivered out of the Office before it be signed by such Six Clerk to whom it belongeth with his own proper Hand-writing or by his Deputy in his absence Nor any Copy not so signed Copies to be signed by the Six Clerk shall be made use of in Court or before any Master which all Clients are to take notice of to the end they may be prepared with such Copies at the hearing of their Causes And whereas many Inconveniencies do frequently arise by undue copying Bills Answers and other Pleadings before they be filed No Copy to be made till the Originals be filed so as they are neither filed or very irregulary to the prejudice of the Client and trouble to the Court by unnecessary Motions It is therefore ordered That no Under-Clerk or his Man or other from him do from henceforth presume to copy any Bill or other Pleading whatsoever before it be duly filed with the proper Six Clerk who ought to file the same How a Witness to be examined For preventing of Perjury and other Mischiefs often appearing to the Court the Examiner is to examine the Deponent to the Interrogatories directed seriatim and not permit him to read over or hear read any other Interrogatories until that in hand be fully finished much less is he to suffer the Deponent to have the Interrogatories and pen his own Depositions or depart after he hath heard an Interrogatory read over until he hath perfected his Examination thereunto And if any Witness shall refuse so to conform himself the Examiner is thereof to give notice to the Clerk of the other side and to proceed no farther in his Examination without the Consent of the said Clerk or Order made in Court to warrant his so doing The Examiner shall not examine any Witnesses to invalid the Credit of any other Witness The Examiner not to examin any Witness to invalidate the Credit of another Witness but by special Order of the Court which is sparingly to be granted and upon Exceptions filed with the Examiner without Fee and notice thereof given to the adverse Party or his Clerk together with a true Copy of the said Exceptions at the Charge of the Party so examining The Examiners in whom the Court reposeth much Confidence are themselves in person to be diligent in Examination of Witnesses and not intrust the same to mean and inferiour Clerks and are to take care to hold the Witness to the point interrogated and not to run into Extravagancies and Matters not pertinent to the Question thereby wasting Paper for their own Profit of which the Court will expect a strict Account The Examiners are to take care that they employ under them in their Office none but persons of known Integrity and Ability who â—hall take an Oath Not to deliver or make known directly or indirectly to the adverse Party or any other save the Deponent who comes to be examined in any of the Interrogatories delivered to be examined upon any Examination by him taken or remaining in the Examiners Office an Extract Copy or Breviate thereof before Publication be thereof passed and the Copies thereof taken And if any such Deputy Clerk or person so employed shall be found faulty in the Premisses he shall be expulsed the Office and the Examiner who so employed him shall be also answerable to the Court for such Misdemeanor and to the Party grieved for his Costs and Damages sustained thereby And such Solicitor or other person who shall be discovered to have had a hand therein shall be liable to such censure for the Offence as the Court shall find just to inflict upon him In examining of Witnesses the Examiner shall not use any idle Repetitions or needless Circumstances nor set down any Answer to the Question to which the Examinant cannot depose other than thus To such an Interrogatory this Examinant cannot depose And in case such impertinencies be observed by the Couâ—â— the Examiner is to recompence the Charge thereof to the party grieved as the Court shall award That after Witnesses examined in Court there shall be two Rules only given for Publication viz. an ordinary Rule and then a day to shew Cause why Publication should not pass and upon the Return of a Commission one Rule only to be given After Witnesses examined in Court there shall be two Rules only given for publication and upon the return of a Commission one Rule only within which times aforesaid if the other side do not shew unto the Court good Cause unto the contrary Publication shall pass accordingly All Pleadings Commissions Certificates belonging to the Six Clerks to receive shall immediately upon the bringing in or return thereof into this Court be delivered to such Six Clerks own Hands All Pleadings c. to be delivered into the Six Clerks own hands or his Deputy as shall be Attorney in the Cause or to the Hands of his Deputy in his absence and not to be from henceforth in any wise kept back nor any Depositions or Answers taken by Commission or other Commission to be opened by any of their Under-Clerks before they be so delivered No Bills Warrants Pleadings Commissions Decrees Dismissions or other Records whatsoever shall from henceforth be carried to be ingrossed inrolled copied or otherwise used by any of the Under-Clerks to their Chambers No Bills c. to be carried to be ingrossed inrolled copied by the Under-Clerks to their Chambers or elsewhere out of the Six Clerks Office or Lodgings there and so soon as any Clerk shall have ingrossed inrolled copied or used any such Warrant Pleading Commission Decree or other Record in the said Office he shall bring the Original thereof presently back to such Six Clerk to whom the Custody thereof doth belong for the more safe keeping and disposing thereof according to the ancient usage Commissions WHen a Commission is awarded to examine Witnesses if by default of him that hath the carriage of the Commission or by his Commissioners nothing is done he shall bear all the Charges â—e who hath the carrying of the Commission if nothing be done in it shall bear all the Charges that the other side was put unto about that Commission either for Fees of Court bringing or entertaining Commissioners or Witnesses or otherwise to be ascertained by the Oath of the Party or of him that disbursed the
Mony for him and shall renew the Commission at his own Charges When a Commission is awarded to examin Witnesses and the one side produceth and examineth all his Witnesses and the other side doth not but prays a new Commission if it be granted he shall bear all the Charges If the other side examines no Witnesses but prays a new Commission he shall bear all Charges of the renewed Commission both in Court and in the Country as well for the Charge and Entertainment of his own Commissioners as of the Commissioners on the other side and the other side shall be permitted to cross-examin the Witnesses produced by him that reneweth the Commission but if he will examin any other Witnesses of his own then he shall bear his own part of the Charge the Charges herein mentioned to be ascertained by the Oath of the Party or of him that disbursed the Mony for him He at whose instance a Commission to examin Witnesses after a former Commission executed and returned Upon a renewed Commission all the Witnesses are to be examined is once renewed and he by whose default or by default of his Commissioners a former Commission was not executed and thereupon it is renewed shall at his peril examin all his Witnesses by that renewed Commission or examin them in Court by the end of the Term wherein that renewed Commission is returnable without any more or farther delay That no Commission ad examinandum Testes be executed in London or within ten miles thereof No Commission ad examinand ' in London or within 10 miles without special Order first obtained upon Affidavit made of the Parties Inability to travel or other good Matter And that all Depositions taken by Commission in London or within ten miles thereof without special Order as aforesaid shall stand superseded and suppressed ipso facto and not allowed to be read as Evidence at the hearing of the Cause And the Parties who shall cause the same to be executed shall suffer such punishment for their Contempt and Irregularity as the Court shall think fit Depositions WHere either the Party Plaintiff or Defendant obtaineth an Order to use Depositions of Witnesses taken in another Cause Order to use Depositions taken in another Cause the adverse Party may likewise use the same without Motion unless he be upon special reason shewed to the Court by that Party first desiring the same inhibited by the same Order so to do No Motion shall be made in Court or by Petition for suppressing of Depositions How and when Motion or Petition shall be for suppressing of Depositions as irregularly taken until the Six Clerks not towards the Cause have been first attended with the Complaint of the Party grieved and certifie the true state of the Fact to the Court with their Opinion If the Attornies or Clerks on either side shall not for the case of their Clients agree before them for which purpose a Rule for Attendance of the Six Clerk in such Case shall be entred of course with the Register at the desire of the Party complaining which shall warrant their Proceedings and Certificate to the Court. Causes to be set down for hearing THe Six Clerks who are the only Attornies in this Court ought to inform themselves continually of the State and Proceedings of their Clients Causes and to give Account to the Clerk as the Attornies in all other Courts do and not to leave the Care and Knowledge thereof upon their Under-Clerks who attend not in Court and the Clients and such as follow their Causes are to acquaint their Attornies for that purpose Such as desire to have their Causes set down for hearing How and when Causes are to be set down for hearing must repair to the Six Clerk that is Attorney in the Cause at least six days before the end of the Term that the Six Clerk may inform himself of the state of the Cause of the long or short dependance thereof in Court of the Antiquity of the Publication of the weight or value of the Cause and all other circumstances material to inform the Lord Chancellor Lord Keeper or Master of the Rolls at the time of the setting down of Causes and the Six Clerk may not refuse to offer the same to be set down if he be attended in such time as aforesaid nor come unprepared to inform the Lord Chancellor Lord Keeper or the Master of the Rolls of the Nature and Circumstance of the Cause aforesaid And neither he nor any of his Under-Clerks To be set down without Fee nor any of the Registers are to take any Fee Gratuity or Reward for the same No Mony or other Reward shall in any wise be exacted or taken directly by any of the Six Clerks or any of the Registers for or in their behalf for the preferring and setting down of any Cause for hearing but only such Fees as are behind and unpaid of their Termly Fees and Duties if any be and if any Cause happen to be set down for hearing wherein they shall not have been satisfied their due Fees and Duties they may alledge the same in stay of hearing of the Cause Proceedings in hearing Causes WHere no Councel appears for the Defendant at the hearing and Process appear to have been duly served the Answer of such Defendant shall be read At the hearing if no Counsel appear for the Defendant his Answer shall be read and to proceed afterwards and if the Court upon such hearing shall find Cause to decree for the Plaintiff yet a day shall regularly be given to the Defendant to shew Cause against the same but before he be admitted thereunto he shall pay down to the Plaintiff or his Attorney in Court such Costs as the Court upon that hearing shall assess and the Order is to be penned by the Register accordingly viz. It is decreed so and so c. Unless the Defendant shall by such a day pay to the Plaintiff or his Attorney in Court Costs and shew good Cause to the contrary and such Defendant upon his shewing Cause shall first produce a Certificate from the Plaintiffs Attorney in Court that he hath paid the Costs or Affidavit of Tender or Refusal thereof Contempts ALl Process of Contempt shall be made out into the County where the Party prosecuted is resident All Process of Contempt to be made into the County where the Party is resident unless he shall be then in or about London in which Case it may be made in the County where the Party then is And if any person shall be taken upon Process otherwise or irregularly issued the Party so taken first appearing unto and satisfying the Process which did regularly issue against him shall be discharged of his Contempt and have his full Costs to be taxed of course by the Six Clerk not towards the Cause for such undue or irregular Prosecution from the time that the Error first grew without Motion or
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
ordained and decreed by the Authority aforesaid That if any of the said Under-Clerks for the time being after his or their receit of any of the Fees and sums of Mony aforesaid or after his or their delivery out to his Client or any on his behalf any Writs Commissions Exemplifications or other Process or of any Copies of any Bills Answers or other Pleadings made written or dispatched in the said Office and shall not faithfully and duly account for and pay what belongs to every Six Clerk to whom he is accountable and ought to pay for the same according to the rates and proportions aforesaid without any wilful delay or concealment That in such case every Under-Clerk so offending upon complaint and proof thereof made before the Right Honourable the Lord Chancellor Lord Keeper or Master of the Rolls shall over and besides such remedy as the Six Clerks have legally for the same undergo such punishment as the said Lord Chancellor Lord Keeper or Master of the Rolls for the time being shall judge meet to stand with Justice and the nature of his demerit who will be the more careful to see the said Six Clerks righted therein in respect they do by the reason of the more sure and just payment of the residue of their said Fees abate much of what heretofore they used to receive And it is also ordered ordained and decreed by the Authority aforesaid That from henceforth no Commission Writ or process usually made or dispatched in the said Office shall from henceforth be put to the Seal nor any Copies of any Pleadings Commissions Depositions Certificates or other Records usually dispatched in the said Office No Commission Writ or Process shall be put to the Seal nor any Copies of Pleadings Commissions Depositions Certificates c. to be delivered out of the Office until they be first signed by the Six Clerks c. shall be delivered out of the said Office to any Client until the said Commissions Writs Process and Copies respectively shall be first signed by the Six Clerks to whom the same doth or shall properly belong to his Deputy or in his or their absence by some other of the Six Clerks not towards the Cause And that all Commissions whereby any Depositions are taken and returned which belong to the Six Clerks to receive shall immediately upon the bringing in or return thereof into Court be delivered to the Six Clerk to whom the same doth properly belong or his Deputy to be safely and securely kept till publication be duly passed and not to be from henceforth in any wise kept back or broken open by any of the under-Under-Clerks or other person till publication thereof shall be passed as aforesaid for which end and purpose each Six Clerk is hereby injoyned to have one or more Deputy or Deputies to be constantly resident and attendant in the said Office The Six Clerk to have one or more Deputies to be constantly attendant in the Office in the absence of the said Six Clerks for signing of Writs Copies and receiving Commissions as aforesaid And it is further ordered and decreed That all Rules whatsoever shall from time to time be duly entred in the Common Book commonly called the House-Book All Rules to be duly entred into the House-Book and notice thereof to be given to the under-Under-Clerk of the other Side and that upon entring of such Rules notice shall from time to time be given to the under-Under-Clerk on the other Side that is towards the Cause to the end the Client may not be surprized thereby And that upon the delivery out of any Copy the Clerk who copied and delivered the same shall bring back and deliver the Record to the Six Clerk from whom he received the same to the end the same may be filed and bundled with the rest of the Records in the same Cause and that all Bills Answers Replications Rejoinders and other Proceedings relating to any Suit commenced in this Honourable Court since the first day of Michaelmas Term last and now remaining unfiled in the custody or possession of any Under-Clerk of the said Office shall in some convenient time be produced and filed with such Six Clerk to whom the same shall properly belong and that the Under-Clerks respectively according to the proportions before mentioned shall duly satisfie and pay the Six Clerks respectively the Fees due for the same as aforesaid The Under-Clerk to give to the Six Clerk a Note of the Name and Place of abode of such their Clients who are in arrears for F es And in case such Under-Clerk respectively have received all the due Fees for the same of their Clients respectively and if not then they are to give unto the Six Clerks respectively a Note in writing under his or their Hands of the Name or Names Place or Places of abode of such Client or Clients who are in arrear for any Fees due to them and the quantum of such Fees to the end the Six Clerks respectively may take such course for the recovery thereof as they shall be advised and that for so much the said Under-Clerks shall be discharged and acquitted from every further demand from them concerning the same And lastly it is ordered ordained and decreed That this present Decree shall be inrolled in the Judgment Rolls of this Court to be observed for the future to all intents and purposes according to the Tenour and true Meaning thereof Orlando Bridgman C. S Harb Grimstone M. Rolls Sabbati 31 die Octob ' Anno Regni Caroli II. Regis 20. 1668. Touching Under-Clerks Ordo Curiae WHereas on the 18th of June last Supra 18 June 68. a Decree was made for the Regulating of the Office of Six Clerks and for setling of the differences lately arisen between the Six Clerks and the Under-Clerks of the said Office by the Right Honourable Sir Orlando Bridgman Knight and Baronet Lord Keeper of the Great Seal of England and the Honourable Sir Harbottle Grimstone Baronet Master of the Rolls wherein it is amongst other things decreed That on or before the 1st day of November next ensuing all the present Under-Clerks of the said Office who now are allowed and admitted to practise except such only against whom there is just cause of exception in the judgment of the Honourable the Master of the Rolls should be admitted Clerks of this Court and that as well they the said Under-Clerks so to be admitted as every other person hereafter to be admitted to the place of an Under-Clerk in the said Office should The time for admitting and swearing the Under-Clerks enlarged at or before the time of such his admission and before his and their entrance upon that imployment take the Oath therein particularly expressed Now for as much as the time prefixed by the said Decree is near expired and there be many of the said Under-Clerks who by reason of their remoteness of dwelling or other accidents are not as yet come to
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
the High Court of Parliament and in imitation of that Provision which is made by the Statute made in the 27th year of the Reign of Queen Elizabeth whereby it is enacted That no Recognizance in the nature of a Statute Staple shall bind any Purchasor unless the same be inrolled within six Months after the acknowledgment thereof Doth hereby declare and order That for the future no Recognizance which after the first day of September next ensuing shall be acknowledged in this Court of what Nature or Kind soever shall be inrolled in this Court unless such inrolment be within the space of six Months after the acknowledgment thereof And that all Officers and Ministers of the Court do for the future observe and take care that no such Recognizance be inrolled in the said Court contrary to this present Order Recognizances to be inrolled within 6 months after acknowledgment and all Recognizances heretofore acknowledged in this Court and not already inrolled shall be inrolled within the space of six Months after the 23th day of October next and shall not be received nor inrolled after that time and because there may be special circumstances wherein it may be fit to dispense with these Rules no Recognizance shall ever be inrolled after the time prescribed be elapsed without motion in open Court Except by Motion in open Court to the end that the Conusor and all Purchasers and Tertenants may have due notice and the Court may by Special Order and consent of the Party paying such inrolment out of due time provided for the indemnity of such Purchasers as may be otherwise prejudiced thereby and that all persons concerned may take notice of this Order Copies hereof are to be set up and fixed in the several Offices of the Court concerned herein Mercurij 4 die Novembris Anno Regni Caroli II. Regis 26. 1674. Touching Contempts Ordo Curiae UPon Complaint made to the Right Honourable the Lord Keeper Vide infra 13 Julij 85. 17 Maij 1 Jac. 2. c. by the Serjeant at Arms attending the Great Seal that after Contempts are prosecuted to a Serjeant at Arms and a Commitment pronounced the Prosecutors will draw up the Order and never take forth a Warrant thereon but make use thereof to force the party prosecuted into some Composition sometime for the whole Matter in difference but usually for the discharge of the Contempts whereby the Serjeants Imployment is rendred in great part ineffectual for prevention whereof his Lordship doth thereupon Order After any Order for a Serjeant at Arms shall be granted the Register shall draw up the same and deliver the same to the Serjeant and no other That after any Order for a Serjeant at Arms shall be granted by the Court the Register shall on request draw up the said Order and deliver the same to the Serjeant at Arms or his Deputy and no other person they paying for the same by which means he shall or may endeavour to apprehend the Party prosecuted and bring him into this Court to answer the second Contempt if he can but if he cannot his Lordship doth further order The said Order not to be discharged nor the Contempt thereupon without the Serjeants Fees be paid and Certificate under his hand testifying the same That no Order for a Serjeant at Arms drawn up and past by the Register be discharged and the Contempt thereupon without the Serjeants Fees be paid to him and a Certificate under his Hand testifying the same and after the said Order being so drawn up and past as aforesaid no private or other agreement shall be made between the Party or Parties or the Person or Persons so standing in Contempt as aforesaid or any other person there or any on their behalfs without such satisfaction shall be made and a Certificate of the same shall appear to Court Veneris 18 die Decembris Anno Regni Caroli II. Regis 26. 1674. Ordo Curiae Private UPon Complaint made to the Right Honourable the Lord Keeper c. on the behalf of Mr. Thomas Middleton Solicitor committed to the Feet for an Assault a Clerk in the Register's Office of an Assault made upon him by one James Bradley a Solicitor by striking off his Hat and beating him over the Head and Face with a Staff in the Register's Office whereby his Head and Face are very much swelled and bruised which upon the examination of the matter his Lordship finding it to be done without any cause or provocation save the said Middleton's drawing and expediting an Order against a Client of the said Bradleys according to the direction of the Court his Lordship resenting it to be a great abuse and misdemeanor against the Court for Officers or Clerks to be thus used especially for discharging the Duty of their Imployments doth order that the said Bradley for this great misdemeanor be committed close Prisoner to the Fleet there to be kept without Pen and Ink or any access to him from without the Fleet till further Order to the contrary Lunae 10 die Aprilis Anno Regni Caroli II. Regis 28. 1676. Concerning Quakers Ordo Curiae WHereas divers persons that go under the Name of Quakers being sued and served to answer Bills in this Court or served with Process to testifie their knowledge in Causes here depending have used many devises to prevent the taking of their Oaths to their Answers and procured themselves to be personated by others and yet their Answers have been certified as if they were really sworn whereby the Suitors have been hindred from discovery of the matter charged on them and the truth is suppressed And in case of false swearing the Persons cannot be proceeded against according to Law For the preventing therefore of all abuses of that nature for the future the Right Honourable the Lord High Chancellor of England doth Order That such Suitors to this Court who demand the Answer Examination or Deposition of any person that goes under the name of or is reputed a Quaker he or his Clerk in this Court shall duly inform and leave a Note in writing with the Clerk of the other side thereof And the Clerk for such Defendant Respondent or the Party on whose behalf such Witnesses is to be examined Two days notice in writing of the persons abode and time and before whom the Defendant is to be sworn shall take care that two days notice in writing as aforesaid be given to the Plaintiffs Clerk of the place of abode the time when and before what Master such person shall be sworn either to his Answer or Plea or to any Interrogatories in order to take his Deposition or Examination in this Court to the end that some person may if they think fit be present and receive satisfaction that the party is duly and regularly sworn and is the same person intended for the Defendants Respondent or Witness and that every Defendant shall subscribe his Name or Mark to
shall respectively be put off from hearing for that time and shall not come on again to hearing without farther order Finch C. Venetis 20 die Junij Anno Regni Caroli II. Regis 31. 1679. Touching filing Exceptions to Reports Ordo Curiae IT is this day ordered by the Right Honourable the Lord High Chancellor No Exception to Reports touching the sufficiency or insufficiency of Answers shall be filed in the Registers Office unless notice given to the Clerk on the other side that from this day no Exceptions whatsoever shall be received by or filed with the Register to Reports touching the sufficiency or insufficiency of any Defendants Answer unless such Exceptions shall be brought and filed and notice thereof given to the Clerk in Court of the other side And it is farther ordered That this Order be set up and affixed in the publick Offices of the Six Clerks and Registers â—o the end that all persons concerned may take notice thereof and act accordingly Jovis 25 die Martij Anno Regni Caroli II. Regis 32. 1680. Touching Bankrupts Ex Parte Thomae Knatchbal Armigeri Ordo Curiae THe Right Honourable the Lord High Chancellor of England being now attended by Mr. Mathew Petley and his Counsel in the matter of the pretended Office of Register upon all Commissions of Bankrupts within the City of London and Places adjacent which pretended Office hath formerly been and now is claimed by the said Mr. Mathew Petley under colour of some Patent granted by His Majesty and several persons who have been usually concerned as Commissioners in Execution of such Commissions now also attending with their Counsel several Objections were made against the validity of the Grant or Patent under which the said Mr. Petley claimed And that upon a former debate it had been by his Lordship upon severel Complaints and Petitions on that occasion declared that it would be a very great burthen on the Subject His Lordship on hearing what was insisted on by all Parties declared That although he saw no cause to give any countenance at all as to the establishment of any such Office of Register as the said Mr. Petley claimed by vertue of the said Patent Neverthelss in regard many Complaints and Petitions have been frequently made and presented to his Lordship occasioned by the ill management of Commissions of Bankrupts in and about the City of London and Westminster and the Counties adjacent and more particularly of the losing and mislaying of such Commissions and Depositions and Orders thereupon taken whereby great loss and prejudice hath hapned to the Subject His Lordship thought it necessary and convenient That some person should be appointed to attend the said Commissioners either by himself or his sufficient Deputy or Deputies in that behalf and should have the Custody of such Commissions and Proceedings as should be had before the said Commissioners and see them to be safely kept in some publick or convenient place whereof all persons may have notice to the end such Creditors as are concerned in the taking out and prosecution of such Commissions may resort thither as occasion requires And the Commissioners and Creditors now present together with their Counsel acknowledging that it is most necessary for the safety of both the Commissions and Orders and also for the Bankrupts themselves and their Creditors that the Custody of such Commissions and Proceedings should be put in some safe and secure hands His Lordship is thereupon pleased to order and doth hereby order That Mr. Tho. Knachball shall be and is hereby ordered and appointed to have the inspection by himself or his sufficient Deputies from time to time of all the Commissions of Bankrupts and Proceedings thereupon that shall at any time or times hereafter be taken out against any Bankrupts within the City of London and Westminster and places adjacent within the Weekly Bills of Mortality as also of all such Commissions as shall be taken out against any person or persons becoming Bankruptor Bankrupts within the adjacent Counties hereafter mentioned A Register of all Commissions of Bankrupts in London Middlesex Essex Hartfordshire Kent Surry c. that is to say within the Counties of Middlesex Essex Hartfordshire Surry Sussex Buckinghamshire Berkshire and Kent to the end he may upon any Complaints or occasion be the better enabled to inform his Lordship of the true state of the Matters whereof any Complaints shall or may happen to be hereafter made And also that he or his sufficient Deputy or Deputies shall have the keeping of all such Commissions and Depositions and other Orders and Proceedings thereupon that the same may at all times be produced and that the person concerned may have free resort thereunto as occasion shall require Finch C. Lunae 29 die Octobris Anno Regni Caroli II. Regis 35. 1683. Concerning Orders touching Accounts Ordo Curiae THe Right Honourable the Lord Keeper c. taking into his most serious Consideration the delays and great expences that doth happen to Suitors by Exceptions taken to Masters Report made in pursuance of Orders upon hearing and especially such whereby Accounts are directed to be taken which his Lordship conceives might in a great measure be prevented if the Master were informed of the Matter of such Exceptions before the signing and allowing of the said Report A Master to whom an Account is referred upon the hearing of the Cause when he hath prepared the Report shall send out a Summons that both Parties shall attend him to peruse or take a Copy of it And if the Party be dissatisfied within 4 days to bring in a Note of Exception and to be heard and then and the Mâ—â—â—er to settle his Report His Lordship doth therefore order That every Master of this Court to whom any Accounts is referred or other Matter by any Order upon the hearing of the Causes when he hath fully heard both parties and prepared his Report shall at the request of either party give out a Summons that both parties or some for them shall again attend him who shall have liberty to peruse such his Report or take a Copy thereof And that such person that is dissatisfied therewith do in four days next after such attendance bring in a Note in Writing of their Exceptions thereto and take out a Summons to be heard thereupon and then the said Master is to settle and finish his Report as he shall find Just And it is further orderd That when upon hearing of Exceptions it shall appear to the Court that the party excepting did not offer his Objectâ—ons before the Master because he depended upon his Appeal to the Court and sought delay In such Case though the Exception shall be allowed yet the party for his neglect and occasioning trouble to the Court and charge and delay to his Adversary The Party neglecting to pay Costs shall pay such Costs as the Court shall think reasonable And it is further ordered That where by Special Order the Court
and doth further Order That for the future where any Plaintiff or Plaintiffs shall take Exceptions to a Defendants Answer The like as to Exceptions to an Answer appealed from the Master and shall appeal to the Court for their Judgment thereon from the Report of any Master such Plaintiff or Plaintiffs shall pay 10 s. for every Exception or distinct branch of an Exception which upon the hearing thereof shall be likewise over-ruled as frivolous beyond the Costs which by the course of the Court he or they are to pay Veneris 18 die Junij Anno Regni Jacobi II. Regis 2. 1686. Touching Hearing Ordo Curiae IT is this present day ordered by the Honourable the Master of the Rolls That for the future when any Cause or Causes shall come to be heard before his Honour at the Rolls the Clerk in Court on either side shall attend such hearing The Clerks in Court on either side to attend the hearing to the end that his Honour may be informed if occasion require that such Cause or Causes are ready for his Honours Judgment and that the party or parties for whom they are concerned do appear to hear Judgment gratis or that they were regularly served with Process for that purpose as the Case shall require Mercurij 9 die Junij Anno Regni Jacobi II. Regis 2. 1686. The Transacting of Records into the Chappel of the Rolls Ordo Curiae Revived WHereas by an Order of this Court of 3d of July Vide 3 Julij 1676. 28 Car. 2. nuper Regis It was ordered That the Six Clerks of this Court should forthwith send the Inrolments of all Patents which they or any of them or their respective Clerks then had in their or any of their Custodies fairly written in Parchment and carefully examined into the Petty Bag Office to be Estreated together with the Privy Seals and Warrants of the same and also all Decrees with the Docquets thereof to the Chappel of the Rolls to remain there and that the Clerk of the Inrolments should also send the Records of all Deeds and Recognizances duly examined to the said Chappel The inrolments of Patents to be sent into the Petty Bag to be Estreated with the Privy Seals and the Records of Deeds into the Chappel of the Rolls and that all Records in the Petty Bag Office after the same were Estreated be remitted with their Warrants from thence into the Chappel of the Rolls according to the ancient usage heretofore for sending Records into the said Chappel viz. the Patents after three years from the time of their Inrolment and the Records of Deeds and Recognizances from the Inrolment Office after two years from the time of Inrolment and so from year to year for the future and that such Records as were come into the Chappel and not fit to be received and continued there by reason of their ill Character bad Parchment Razures or interlineations be transcribed within the Chappel of the Rolls The Patents after 3 years from the time of the Inrolment and the Records after 2 years at the charge of the said Six Clerks and the Clerk of the Inrolments to which of them the said Records did at first properly belong which Order having not of late been duly observed by reason whereof great inconveniences may happen to arise to the Suitors of this Court in their particular concerns As also to divers others of his Majesty's Subjects concerned in the Records in the said respective Offices the Right Honourable the Lord High Chancellor of England and the Honourable the Master of the Rolls taking notice thereof and of the great neglects that have been done by the respective Officers of the particular Offices in not transmitting the Inrolments of Patents and Decrees and Docquets Records Deeds and Recognizances according to the Direction and Intent of the said Order do therefore order That the said Order be revived and a due performance and obedience given thereto by the respective Officers concerned in their respective Offices and Places they now are or shall be concerned in relation to any of the Matters of this Order Veneris 6 die Aprilis Anno Regni Jacobi II. Regis 3. 1687. Touching Decrees Ordo Curiae WHereas for the preventing of differences that did arise upon Decrees and Orders pronounced in open Court the Right Honourable the Lord High Chancellor Minutes of Decrees and Order to be â—ead in open Court c. hath from time to time caused all Minutes to be read in open Court that the Counsel at the Bar and other persons concerned might take notice of what did concern their respective Clients and speak for the rectifying thereof or adding thereto as occasion offered whilst the Matters were fresh in the memory of the Court and have several times given directions that afterwards none should presume either to petition or move the Court complaining against any Order agreeing with the Minutes except the Minutes should after the reading thereof be altered or the Register shall fail in doing his duty persuant thereto without consent and yet without due regard thereto several Petitions have been since causelesly preferred His Lordship doth therefore this day order That due observation be given to the parties concerned when any Minutes are read in Court to the end that no further Complaints may be made against the Officer or the Minutes by him taken in Court except as aforesaid and to the end no person may plead ignorance hereof his Lordship doth direct That this Order be fixed up in the Offices of the Six Clerks and Register of this Court that all due obedience may be given thereto Veneris 29 die Aprilis Anno Regni Jacobi II. Regis 3. 1687. An Examiner suspended Ordo Curiae IT is this day ordered by the Right Honourable the Lord High Chancellor c. That Richard Burreston One of the Examiners of the Court suspended one of the Examiners Clerks in the Office of William Adderly Esq one of the Examiners of this Court for that the said Richard Burreston did intrust one Philips who is no sworn Clerk of the said Office to transcribe part of the Depositions of a Witness examined by the said Burreston in a Cause now depending in this Court wherein one Woollaston is Plaintiff and Winford Defendant before the said Witness had perfected his Examination or Publication past in the Cause be suspended from any further Imployment in the said Office till further Order Lord Chancellor Veneris 29 die Aprilis Anno Regni Jacobi II. Regis 3. 1687. Touching Interrogatories Ordo Curiae WHereas by Experience great inconveniences have hapned in several Causes by the exhibiting Interrogatories which are impertinently drawn into great length whereby the Suitors have been put to great and unnecessary Charges as also leading Interrogatories whereby the Witnesses by turning the Negative into the Affirmative are led to swear to the whole Contents of an Interrogatory and oftentimes thereby drawn ignorantly to forswear themselves which
in all times have been suppressed and deemed great abuses Now for prevention thereof for the future it is this day ordered by the Right Honourable the Lord High Chancellor c. That from and after the first day of June next no Interrogatories shall be exhibited for the examination of any Witnesses in any Cause depending in this Court whether in Court in the Examinors Office or by Commission in the Country before such Interrogatories shall be either drawn Interrogatories to examine Winesses to be signed by Counsel or perused by Counsel after due consideration had of the Pleadings and signed by them But all Counsel are to take care that no Interrogatories do slightly pass their hands contrary to the true intent and meaning thereof lest they incur the displeasure of the Court therein and that all Depositions taken contrary hereto shall stand suppressed and to that end all the Clerks and Solicitors of this Court that are concerned in Causes may not be ignorant hereof his Lordship doth further order That this Order be set up and fixed in some publick places in the Offices of the Six Clerks and Examinors of this Court that all due obedience may be given thereto Veneris 27 die Maij Anno Regni Jacobi II. Regis 3. 1687. Touching Orders on Petitions Ordo Curiae IT is this day ordered by the Right Honourable the Lord High Chancellor c. That from and after this day no Order or Direction made or given by his Lordship or the Honourable Master of the Rolls upon any Petition unless the same be by way of Summons shall be of any authority or effect An Order made upon a Petition to be of no Effect to ground Subpoena's or other Process unless within 3 days in Term time or within a Week in the Vacation after the same shall be granted an Order be entred up with the Register on such Petition as to the Proceedings or grounding Subpoena's or other Process in any Cause now depending or which shall hereafter be depending in this Court unless within three days in Term time or in a Week in the Vacation after the same shall be granted and signed by his Lordship or his Honour an Order shall be drawn up and entred with the Register on such Petition to the end no person may be surprized by any Private Order but that all parties concerned may have resort at all times to see what Orders are from time to time made and granted wherein they are concerned and that no person may be ignorant thereof it is further ordered That this Order be set up in the Publick Offices of the Court concerned therein that all due obedience may be given thereto Veneris 17 die Junij Anno Regni Jacobi II. Regis 3. 1687. Surrender of a Six Clerk to the Master of the Rolls Ordo Curiae WHereas Arnold Brown Esq late one of the Six Clerks of this Court hath surrendred his Office of Six Clerk in this Court into the hands of me the Master of the Rolls whereby the said Office is become vacant and forasmuch as the business in agitation and to be transacted in that Office for the benefit of the King's People Suitors in this Court is not to be delayed or obstructed for want of a fit person to manage the said Office in the vacancy of a Six Clerk and whereas I have this present 17th day of June 1687. under my Hand and Seal deputed and appointed the said Arnold Browne to Act Agitate Negotiate and Proceed in the business of that Office in my Name and as my Deputy only during my pleasure and have further authorized and impowred him the said Arnold Browne so to do and act and to write to the Great Seal in my Name only and not in the Name of him the said Arnold Browne and to enter and sign all Proceedings Certificates Copies and other things belonging to the Execution of the said Office in the Name of the said Arnold Browne but with the additions of Deputy to me Master of the Rolls to wit Arnold Browne Deputy Magr ' Rotulor ' as to take and receive the Profits thereof as by the said Deputation inrolled in this Court may and doth appear for the due Execution of which said Deputation the said Arnold Browne hath been duly sworn Arnold Browne on the surrendring his Office as Six Clerk deputâ—d to act during the vacanâ—y his Honour doth hereby order direct and appoint the several respective sworn Clerks of the said Office within or belonging to the Division late of the said Arnold Browne late Six Clerk to apply themsâ—lves to the said Arnold Browne as my Deputy as aforesaid for the Dispatch of the Business of that Division and to pay all such Duties and Fees to his said Deputy Arnold Browne as are due appertaining and accustomed to be paid to the Six Clerk of that Division and to do and perform all other Acts as the respective sworn Clerk in Chancery ought to do to their respective Six Clerks and to the end that no sworn Clerk or other persons concerned may be ignorant of this Matter his Honour doth order that this Order be entred with the Register of this Court and put up in the Office of Six Clerks J. Trevor Mercurij 29 die Februar ' Anno Regni Jacobi II. Regis 4. 1688. Touching Misdemeanors Ordo Curiae WHereas divers Complaints have of late been made the to Honourable the Master of the Rolls of the outragious rude and undecent Demeanors of divers of the younger Clerks Servants and Writers to and for the sworn Clerk in the said Six Clerk Office Penalty on those that misdemean themselves in the Office to the great scandal of this Court and hindrance of business which hath been most notorious by their throwing Durt Filth Ink and many other things to the damage and prejudice of the Suitors of this Court and Masters in the said Office and at other times by a rude and violent clapping their Desks and making many loud Outcrys and Noises and by evil treating their Masters in the said Office with opprobrious Language All which his Honour having taken into consideration it is for the preventing the like Enormities for the future ordered That the Messenger attending the Rolls do take such Servants Clerk or Writer into Custody and by him to be carried to Bridewell as shall at any time or times hereafter be guilty of either of the said Enormities or any other of the like nature and there shall continue till further order and for the second offence shall be expelled the said Office and that due notice be given hereof and that all persons may take warning this present Order is forthwith to be set up in the Six Clerks Office Martis 20 die Martij Anno Regni Jacobi II. Regis 4. 1688. Touching Regulating the Under-Clerks An Ordinance Vide supra 18 Junij 20 Car. 2. WHereas by a Decree heretofore made by the Right Honourable the Lord Keeper c. and
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
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-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