Some Law-Books lately Printed for J. Walthoe CAses in Chancery Folo price 12 s. Daltons Country Justice with large Additions Fol. 14 s. The Practice of all the Courts at Westminster Octavo 5 s. A View of all the Penal Laws concerning Trade to April 1697. 12o. 3 s. The Method of Pleading by Rule and President c. 8o. 5 s. Tryals per Pais 8o. 5 s. The Compleat Sheriff with the Office of a Coroner 8o. 5 s. The Table of Fees of all the Courts at Westminster as they were delivered in Parliament 8o. 1 s. 6 d. The Modern Conveyancer or Conveyancing Improved the Second Edition with Additions 8o. 5 s. The Law of Obligations and Conditions 8o. 5 s. Blunts Law Dictionary Fol. 10 s. All the Pleadings and Arguments upon the Quâ— Warrantâ— against the City of London Fol. 6 s. Ordines Cancellariae BEING ORDERS OF THE HIGH COURT OF CHANCERY FROM THE First Year of King Charles I. To this present Hillary Term 1697. EXAMINED By the ORIGINAL ORDERS To which is added the RULES and ORDERS Of the COURT of EXCHEQUER LONDON Printed by the Assigns of Rich. and Edw. Atkins Esquires for I. Walthoe and are to be sold at his Shop in the Middle-Temple Cloysters 1698. A TABLE OF THE Names of the Orders A. ACcounts 201 Affidavits 15 91 207 Amending Letters Patents 20 Answer 55 121 192 An Act for ascertaining the Fees of the Masters in Chancery 95 Attachments 54 B. BBankrupts 198 Bill 55 80 113 C. CAuses to be set down for hearing 135 196 Clerks of the Inrolment 40 Commissions for examining of Witnesses 11 Commissions 55 132 Contempts 141 Common Rules 54 Costs 80 Contempts 13 137 187 Cursitor 146 D. DDecrees made with the Assistance of the Judges 48 Decrees 56. 142 213 Demurrers 62 117 Depositions 55 73 134 247 Differences between the Six Clerks and Examiners 26 Division of Business of the Six Clerks Office according to the Letters of the Alphabet 36 107 157 Dismissions 55 56 E. EXaminers 3 64 73 Examiner suspended 215 Examination of Witnesses 38 72 125 154 204 Exceptions 123 209 175 234 236 239 Examiners Clerks not to practise as Solicitors 254 F. FEes 44 Fees of Affidavit Office 33 Filing of Affidavits 58 Filing Bills 77 83 86 Filing Exceptions 197 Filing Reports and Certificates 237 H. HEaring Causes 30 210 232 I. IDeots 70 Imposition on Law Proceedings 176 178 Injunctions 55 56 Joint Commissions 56 Inrolments of Patents 101 Interrogatories 216 L. LVnaticks 70 M. MAster 's in Chancery 70 144 Motions 65 Misdemeanors of the Young Clerks 221 240 244 Masters Clerks not to practise as Solicitors 254 N. NObility Answering 63 O. ORders on Petition 217 P. PAper Copies to contain 15 Lines 53 Plague 24 Paupers 151 Pauper Writs 173 Petitions 49 151 Persons committed to the Fleet for imbezling Records 51 Pleadings 55 Pleas 62 117 Priviledge 6 31 Privy Seals 55 Prisoners 61 Priviledge Writs 100 173 Proceeding in hearing Causes 136 Private Order 231 240 Q. QVakers 189 R. REferences 256 References of Insufficient Answers 5 Registers Office 87 88 Register 54 Registring Affidavits 8 Records 60 66 68 78 79 90 194 211 Recognizances 183 Rehearing 208 233 Renewed Writs 173 Regulating the Vnder-Clerks 222 S. SIx Clerks 61 81 205 244 Serjeant at Arms 205 251 Solicitors 205 Solicitor Committed for an Assault 188 Subpoena Office 85 Subpoena's 45 106 115 Subpoena ad audiendum Judicium 1 46 53 Subpoena ad Rejungendum 54 Surrender of one of the Six Clerks to the Master of the Rolls 219 T. TRansferring of Records 42 U. UNder-Clerk allowed Parchment 23 Vnder Clerks 171 244 Vnder-Clerks Fees 161 Vsher of the Court 158 W. WArrants 55 Writs in Forma Pauperis 100 A List of the Lord Chancellors Lord Keepers and Lords Commissioners of the Great Seal of England from the First Year of King Charles the First to the Ninth Year of the Reign of King William the Third SIR Thomas Coventry was made Lord Keeper of the Great Seal Nov. 1. in the First Year of the Reign of King Charles the First 1625. Sir John Finch was made Lord Keeper the 23th of Jan. 13 Car. 1. 1639. Sir Edward Littleton Knight made Lord Keeper the 23th of Jan. 16 Car. 1. 1640. Sir Richard Lane Knight made Lord Keeper the 30th of Aug. 25 Car. 1. 1649. Sir Edward Hide Knight made Lord Chancellor of England the 29th of Jan. 12 Car. 2. 1660. Sir Orlando Bridgman Knight made Lord Keeper the 30th of Aug. 19 Car. 2. 1667. Anthony Lord Ashly Earl of Shaftsbury Constituted Lord Chancellor of England the 17th of Nov. 24 Car. 2. 1672. Sir Henage Finch Knight made Lord Keeper the 19th of Nov. 25 Car. 2. 1673. Sir Francis North Knight made Lord Keeper the 22th of Decemb. 34 Car. 2. 1681. Sir George Jefferies Knight Constituted Lord Chancellor of England the 28th of Septemb. 1 James 2. 1685. Sir John Maynard Sir Anthony Keck and Sir William Rawlinson made Commissioners of the Great Seal in Hillary Vacation the First of King William and Queen Mary 1689. Sir John Summers made Lord Keeper in Hillary Vacation the Fourth of King William and Queen Mary 1692. And Constituted Lord High Chancellor of England the 23th of April the Seventh of King William 1695. ORDO CVRIAE OR ORDERS OF THE Court of Chancery From the First Year of King Charles the I. to Hillary-Term 1698. Veneris 30 die Junii Anno Regni Caroli Regis primo 1625. Concerning Subpoena's Ad audiendum Judicium Ordo Curiae WHEREAS the Right Honourable the Lord Keeper being informed of sundry Abuses Vide postea in the untimely and disorderly setting down of the Causes of Hearing in this Court and the obtaining of Subpoena's Ad audiendum Judicium thereupon whereby ancient Causes were stopt back from hearing and other Causes thrust in to the prejudice of the other Clyents and scandal to the Court the six Clerk towards the said Causes never being made acquainted therewith For reformation whereof the then Lord Keeper did Order and Require That hereafter it should be carefully observed that no Subpoena 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 and under the Hand of the Register and in their absence under the Hand of their sufficient known Deputies to warrant the same No Subpoena's to be made Ad audiendum judicium before the Clerk that makes the same Writ have a Note under the Hand of the six Clerk and of the Register to warrant the same And if any such Clerk should after presume to offend therein then the said Clerk was to stand committed for his wilful contempt Forasmuch as the Right Honourable the Lord Keeper was this day informed by the said six Clerk that of late the said Order had been neglected in divers Subpoenas Ad audiendum judicium which had been made without any such notice
Consideration the present state of the Office of Registring Affidavits in this Court and the necessary use thereof and observing upon what just and honourable grounds the same was first Instituted and Erected by our late Sovereign Lord King James of blessed Memory for preventing the embezilling and falsifying of Affidavits whereby the Court hath been often abused the course of Justice interrupted and the Suitor apparently wronged or unduly prejudiced and finding withal That notwithstanding the said late Kings express Commandment by Letters Patents under the Great Seal of England and since revived by his Majesty that now is by like Letters Patents dated the 18th of December last for prohibiting the making or entring of any Order Attachment Commission or other Process or Procedings of the Court grounded upon an Affidavit except such as properly belong to the Supplicavit Office till the Affidavit were first Filed and Registred in the Affidavit Office And notwithstanding special Orders of the Court heretofore made to that purpose and by Directions both publickly and upon private Petitions given for due observation thereof yet the same hath been of late years so much neglected as it is now found necessary for the honour of the Court the good of the Suitor and the righting of the Officer to give reformation thereunto It is therefore upon due consideration of the Premisses Ordered by their Honours That all Affidavits of this Court except those only which belong to the Supplicavit Office shall before the same be exhibited in Court or otherwise produced to ground any Orders Writs Process or Proceedings of Court thereupon be brought into the said Office for Registring Affidavits and be there duly Filed and Registred All Affidavits except those that belong to the Supplicavit Office before they be read in Court to be first Filed and Registred in the Affidavit Office and attested by a Copy thereof under the Officers hand and that no Copy of Affidavit be made or subscribed but by the sworn Register of Affidavits No Copy of Affidavit to be subscribed but by the sworn Register of Affidavits or his Deputy for the time being and that no Councel at Law nor any of the six Clerks or other Clerks or Officers of this Court nor any Solicitors of Causes there depending shall from henceforth offer to read or give in Evidence to the Court any Affidavit that is not first Filed and Registred in the said Affidavit Office and attestation thereof given by a Copy under that Officers Hand or his Deputy And that neither the six Clerk nor any of the Cursitors nor the Register of the Court their Clerks or Deputies do make pass or enter any Orders for Attachments Commissions of Dedimus potestatem or other Commissions Writs Processes or proceedings grounded upon an Affidavit unless the said Affidavit be first Filed and Registred in the Affidavit Office Six Clerks Cursitors Register of the Court not to pass or enter any procâ—ss grounded upon an Affidavit unless they be first filed as aforesaid And that all Clerks of the Court and Solicitors of Causes there do before the last day of this Hillary-Term bring in all such Original Affidavits as are remaining in their Hands into the said Office and cause them to be duly Filed and Registred at their Perils All which particulars their Honours do straighly charge and require to be from henceforth duly observed that his Majesties express Commandment therein be not contemned or neglected Tho. Coventry C. S. Jul. Cesar Veneris 7 die Martii Anno Regni Caroli Regis Quinto 1629. Concerning Commissions for Examination of Witnesses Ordo Curiae VVHereas Complaint hath been made unto me by the Examiners of this Court that divers Commissions Ad Examinand ' Testes have issued under my Name which have been executed in or near London in such secret manner that the Examiners have not been able to get timely notice for suppressing of the same Forasmuch as I find by the Ancient Constitutions and Ordinances of the Court that no Commission Ad Examinand ' Testes ought to be granted but for Age Impotency and remote distance of place And by the general and approved practice of the Court all Examinations of Witnesses in or near London have been taken by the Examiners in their Office and not by Commission unless by stealth as aforesaid or by special Order of Court And because the issuing and executing of such Commissions contrary to the said Order and Usage of the Court is a great wrong and discredit to the Examiners and their place who with their Clerks do give daily attendance at the Rolls as well in the Vacation as Term-time for the more speedy dispatch of such Witnesses as are to be examined in or near London upon Causes depending in Chancery and for the parties to decline the sworn Officers of the Court constituted for that purpose without any just exception against them giveth cause to suspect the same to be done for sinister purposes Examinations taken in Court being always esteemed better and more indifferent there taken than by Commission I have thought fit for preventing the said Wrong and Abuse for the time to come hereby to declare and make known That I do therefore Order and Require the six Clerks and such their Clerks and under Clerks who do write Commissions to forbear to make or cause to be executed in or near London any Commission Ad examinandum Testes The six Clerks or under Clerks not to make or cause to be executed any Commission Ad examinand ' Testes in or near London in or under my Name and if any such Commission shall be hereafter made in my Name I do hereby likewise declare That I will both disavow the same as Irregular and contrary to Order and do resolve to question them for doing thereof All which I have the rather been moved to declare and make known out of the indifferent and equal respect I bear to all parties and my care and desire that each Officer under me should contain themselves within their own proper Bounds without incroaching the one upon the other that so I may preserve and leave things in the same state and order wherein I found them without innovation or alteration At the Rolls this 7th of March 1629. Jul. Cesar Jovis 17 die Novembris Anno Regni Caroli Regis septimo 1631. Touching Contempts Ordo Curiae THE Right Honourable the Lord Keeper finding much inconvenience and prejudice to fall upon divers of his Majesties Subjects who are Suitors in this Court by the undue proceedings of such as sue out the Process of the Court upon Contempts the same oftentimes running out to a Commission of Rebellion or to a Serjeant at Arms before the party against whom the Process made out hath had notice of the precedent Process issued forth against him which is occasioned by reason the said Processes are oftentimes made unto a County where the Party is not resident and when it is made
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
Action and by Process thereupon the Defendant is not only usually arrested but frequently proceeded against to the Outlawry to the great damage of the Subject and the loss and diminution not only of the proper Original Writs issuing out of this Court but also of his Majesty's Revenue for the casual Fines thereupon due and payable It is therefore Ordered That no Cursitor of this Court from and after the first day of Trinity Term next ensuing make or cause to be made any Writs of Clausum fregit or Clausum Domum fregit within the City of London without special Warrant from the Lord Chancellor or Lord Keeper of the Great Seal of England or Master of the Rolls for the time being unless it be made appear by Affidavit or some other probable Evidence that the same is the true and proper Cause of Action No Clausum fregit to be made in London without special warrant from the Lord Chancellor c. or it be made appear that the same is the true cause of Action That no Cursitor of any other County do make or permit to be made within his respective Division any of the said Writs of Clausum fregit or Clausum Domum fregit of any other Return than of the last Return of every respective Term unless it be to warrant Arrests No Writs of Clausum fregit to be made of any other retuâ—n than of the last return after every Term except in two cases and Testatum Capias only That no Cursitor shall from and after the end of Michaelmas Term next ensuing make Of what returns the Cursitor is to make his Original Writâ— or permit to be made within his respective Office and Division any Original Writ whatsoever of any Return past unless he shall receive the Instructions for making thereof within the Term wherein the said Writs are to be returnable or at the farthest on or before the first Essoyn-day of the next succeeding Term without special Warrant from the Lord Chancellor or Keeper of the Great Seal of England or Master of the Rolls for the time being or good Cause to be allowed of by the Principal and Assistants of the Company of the Cursitors for the time being or the major part of them at their publick Meetings according as heretofore hath been used The Cursitors are to take care that they employ under them in their Office none but persons of known Integrity and Ability and if any Clerks or Persons so employed shall be found faulty in the Premisses he shall be expulsed the Office and the Cursitor who so employed him shall be answerable to the Court for such Misdemeanors and such person or persons who shall be discovered to do or proceed otherwise than is before mentioned shall be liable to such Censure for his Offences as the Court shall find just to inflict upon him Petitions NO Injunction for stay of Suit at Law shall be granted revived dissolved or staid upon Petition nor any Injunction of any other Nature shall pass by Order upon Petition without Notice and a Copy of the Petition first given to the other side Injunction not to be staid granted or dissolved upon Petition without notice and a Copy of it to the other side and the Petition filed with the Register and the Order entred No Sequestration Dismission Retainers upon Dismissions or final Orders are to be granted upon Petition No Sequestration dismission Retainers upon dismissions to be granted upon Petition No former Order made in Court is to be altered or explained upon a Petition or Commitment of any person taken upon Process of Contempt to be discharged No former Order of Court to be altered or explained upon a Petition or Commitment of any person on Contempt to be discharged by it but upon hearing the adverse Party his Attorney or Clerk towards the Cause Paupers AFter an Admittance in Forma Pauperis no Fee Profit or Reward shall be taken of such Party admitted by any Counsellor or Attorney for the dispatch of the Paupers Business during the time it shall depend in Court No Fee to be taken during the Paupers business depending in Court and the Penalty and he continued in Forma Pauperis nor any Contract nor Agreement be made for any Recompence or Reward afterwards And if any person offending herein shall be discovered unto the Court he shall undergo the displeasure of the Court and such farther punishment as the Court shall think fit to inflict upon him and the Party admitted who shall give any such Fees or Reward or make any such Contract or Agreement shall be from thenceforth dispaupered and not be afterwards admitted again in that Suit to prosecute in Forma Pauperis Causes of being dispauper'd and dismissed If it shall be made appear to the Court That any person prosecuting in Forma Pauperis hath sold or contracted for the benefit of the Suit or any part thereof while the same depends such Cause shall be from henceforth totally dismissed the Court and never again retained Such Counsel or Attorney as shall be assigned by the Court to assist the person in Forma Pauperis either to prosecute or defend may not refuse so to do unless they satisfie the Lord Chancellor of England or Lord Keeper or Master of the Rolls who granted the Admittance with some good reason of their forbearance That the Counsellor who shall move any thing to the Court on the behalf of a person admitted in Forma Pauperis ought to have the Order of Admittance with him The Counsel who moves for a Pauper ought to have the Order of admittance with him and first to move the same before any other Motion And if the Register shall find that such person was not admitted in Forma Pauperis he shall not draw up any Order upon the second Motion made by any such Counsel but he shall lose the fruit of such second Motion in respect of his abuse to the Court. No Process of Contempt shall be made forth and sent to the Great Seal at the Suit of any person prosecuting as Plaintiff in Forma Pauperis until it be signed by the Six Clerk No Process of Contempt to be made at the Suit of a Pauper till it be signed by the Six Clerk who deals for him and the Six Clerks are to take care that such Process be not taken out needlesly or for vexation but upon just or good grounds as they will answer it to the Court if the contrary shall appear And lastly It is Ordered That all Masters of the Court of Chancery Counsellors and all Officers Ministers Clerks and Solicitors in the said Court do observe these Orders which are to continue until upon farther consideration and experience any alterations shall be fit to be made therein Clarendon Har. Grimston Mercurii 27 die Feb ' Anno Regni Caroli II. Regis 19. 1667. Touching Examination of Witnesses Ordo Curiae WHereas the Masters in Chancery upon
from them or their Deputies in contempt of the said Order It is therefore now ordered by his Lordship That the Clerk of the Subpoena Office The Clerk of the Subpoena Office to observe the said Order having notice hereof shall hereafter observe and perform the said former Order his Lordship minding to have the same put in Execution in all points Anno Regni Caroli Regis primo Ter. Hill 1625. Touching Examiners Ordo Curiae FOrasmuch as Complaint hath been often made by the Examiners of this Court Vide postea 19 May 1658. how that after Depositions of Witnesses have been taken before them between parties Plaintiffs and Defendants and otherwise one of the said parties Plaintiff or Defendant after publication have taken out the Copy of the Depositions for his own part only and then afterwards the same party which hath so taken out Copies delivering the same to his Solicitor or Agent to the end they should abbreviate or keep the same the said Solicitors or Agents by mutual practice and combination with the adverse party in the Suit his Clerk Solicitor or Agent without the consent or privity of the said party who took out the said Copies hath for Mony or other rewards either given or suffered other Copies to be made and delivered to the adverse party his Solicior or Agent without the Examiners knowledge by reason whereof the Examiners have been often times defrauded of the said second Copies and of the fruits of their own Labours to the abuse of this Court and to the prejudice of the Examiners who besides the said Disinherison of the due Fees do also incur a scandalous imputation for the writing by reason the Copies so surreptitiously made are for the most part very ill and loosely written which are commonly supposed to be taken out of the Examiners Office It †The Examiner may take our Subpoena's ag inst such as shall be suspected to deliver undue Copies of Depositions to the adverse party his Clerk or Solicitor to defraud him of his Fees of second Copies for the Examination of such Offenders upon Interrogatories to be executed before the other Examiner and to be allowed of by a Master of â—hâ— Court is therefore ordered by the Right Honourable the Master of the Rolls That if at any time hereafter it shall probably appear unto the said Examiner or either of them that any undue Copies shall be made as is aforesaid the Examiner who findeth himself so abused may if he will take out Subpoenas against one two or any three such persons as he shall suspect to have deceived him for the examination of such misdoers upon Interrogatories in that behalf to be executed before the other Examiner and first allowed of by a Master of the Court touching the point of the Fraud and Abuse in delivering out any such unlawful Copies as are before mentioned And if upon consideration had of the Answers of the said parties suspected unto the said Interrogatories it shall appear unto the said Master of this Court who allowed of the Articles and be so certified by him that the said parties are faulty in making or procuring such undue Copies to the prejudice of the Examiner That then every such person so found offending shall for such his Misdemeanor be committed to the Prison of the Fleet from whence he shall not be discharged till he hath satisfied the Examiner Upon a Certificate of the said Master the Offender to be Committed to the Fleet till satisfaction to the Examiner for the said undue Copies Provided That if the parties drawn in question shall acquit themselves upon their Examination that then the Examiner who called them in by such Process shall pay such Costs for unjust Vexation If the suspect party acquits himself the Examiner to pay Costs as the Court shall think meet Mercurii 10 Decembris Anno Regni Caroli Regis Quarto 1628. Concerning References of Insufficient Answers Ordo Curiae IT is Ordered by the Right Honourable the Lord Keeper in respect of the great expence of time and many delays used upon References of insufficient Answers to the Masters of this Court That if hereafter upon any Reference of insufficient Answers made to any Master of this Court Report upon a Referrence upon insufficient Answer to be fil'd within one Month after date of such Refererence a Report be not thereupon procured and filed in the Register within one Month at the farthest after the date of such Reference that the same Reference shall stand absolutely void by this general Order without any Motion or special Order to be obtained in that behalf Or else the Reference to be absolutely void without Motion or special Order Martis 22 die Decembris Anno Regni Caroli Regis Quinto 1629. Of Priviledge Ordo Curiae THE Right Honourable the Lord Keeper taking notice of the great Abuse that hath been lately offered to the Dignity of this Court in the frequent granting of Priviledge unto such as no ways have any dependance upon the Court but only under colour that they are or have been Servants to some of the Masters Ministers and Officers of the Court which heretofore hath not usually been admitted but to such as have been menial Servants unto such Ministers and Officers For prevention of which Abuse his Lordship doth Order That from henceforth no Writ of Priviledge shall be granted to any person whatsoever but only unto such as are Ministers Officers and known Clerks of the Court No person to have Privilege but Masters Ministers Officers and known Clerks of the Court and their Menial Servants and shall be so certified by the Master of the Office where such Clerks write and to such others as shall first make Affidavit that they are menial Servants unto some one of the Masters Ministers or Officers of the Court and such Writ of Priviledge to continue in force no longer unto such Servants than they shall continue menial Servants And before any Writ of Priviledge shall pass the Seal except it be for a Minister Officer or known Clerk of the Court It is Ordered That it be first presented unto and signed by the Lord Chancellor or Lord Keeper for the time being and where any Writ of Priviledge shall be presented to his Lordship to be signed for any such menial Servants as aforesaid the Affidavit so to be by him made is to be annexed to the Writ it self And it is lastly Ordered That no Writ of Priviledge do issue for any menial Servant until such time as his Writ of Priviledge hath been first allowed of by his Lordship Writ of Priviledge how and by whom to be allowed as aforesaid Sabbati 23 Jan. Anno Regni Caroli Regis Quinto 1629. Concerning Registring of Affidavits Ordo Curiae Post 8 Anno 21 June 1660. THE Right Honourable the Lord Keeper of the Great Seal of England and the Master of the Rolls having this day taken into their serious