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
deliver the said Warrants to the riding Clerk to be inrolled according to their Just Right Whereupon his Lordship desired the Master of the Rolls to call all parties concerned before him having heard their several Allegations to certifie his Lordship how he found the case between them who having accordingly heard them made his Report or Certificate to his Lordship in these words 9 July 1662. To the Right Honourable the Earl of Clarendon Lord High Chancellor of England According to your Lordships directions the 29th of April 1662. Upon the Six Clerks Petition to have the Warrants of Leases delivered unto them by Mr. Kipps to be inrolled I have heard them and Hains with his Councel who made it appear that there had been several Patents of like nature to his granted to several persons since the 26th of Henry the 8th In Answer whereunto the six Clerks say that notwithstanding the said Patents Mr. Hains doth not shew that ever any of the said Patentees did inroll any Warrants for Grants that pass the Great Seal nor do any words as I conceive in his or any former Patents mentioned by him extend to the inrolment of any such Warrants The Six Clerks further made it appear that Edward Basely the late Patentee petitioned the lat King against them in 1634. concerning the inrollments of His Majesty's Deeds which was referred to the Commissioners of exacted Fees and I find in the year following upon examination had by the Lord Keeper Coventry with the concurrent Opinion of Sir Julius Caesar Master of the Rolls and Sir John Banks Attorney General it was certified under the hand of the said Lord Keeper amongst other things to have been the due ancient Right held and enjoyed by the Six Clerks to inroll all manner of Warrants for Patent Leases c. whereby the said Patent Leases c. pass the Great Seal Six Clerks to inroll all Warrants for Patent Leases c. whereby the Patend Leases c. pass the Great Seal whereupon his late Majesty by his Letters Patents bearing date the 17th of June 1635. to take away all questions doubts and ambiguities that heretofore have been or hereafter may be raised concerning the same and to the end the Six Clerks and their Successors for ever after might inviolably hold the same did allow approve grant ratifie and confirm the same And it was therein declared to be His Majesty's pleasure that the said Warrants shall be delivered from time to time by him or them in whose custody they shall remain to the Six Clerk who shall be riding Clerk for the time being to the end the said Warrants might be inrolled His Majesty further by the said Patent straightly charging and commanding that no other person or persons whatsoever should from thenceforth encroach or usurp upon them therein or molest or disturb them touching the same And the Six Clerks accordingly have ever since inrolled the said Warrants and before and ever since have received the Fees due for the same All which I humbly submit to your Lordships grave consideration as by the said Report remaining filed with the Register of this Court appeareth Har. Grimstone And his Lordship having perused the said Report doth declare his Concurrence in Opinion with the Master of the Rolls and doth therefore order and appoint the said Mr. Kipps to deliver out the said Warrants to be inrolled as by the said Petition is desired Master of the Rolls Sir Tho. Estcott Sir Mondeford Bramstone Lunae 25 die Januarii Anno Regni Caroli II. Regis 15. 1663. Concerning Subpaena's Ordo Curiae FOrasmuch as this Court was this day informed by His Majesty's Attorney General that one John Hungerford hath forged made and counterfeited Subpaena's and that he hath put Seals thereon like unto those sealed with the Great Seal as by two several Affidavits now produced and read in Court appeared And further informing that one Theophilus Aylmer had lately bespoke paid 18 s. for and had from the said Hungerford one forged and counterfeit Subpaena for 51 l. 13 s. 4 d. Costs in a Cause depending in this Court between Sharp and Brooks which coming to be examined before the Master of the Rolls he committed the said Hungerford and Aylmer for such misdemeanour contempt and abuse of this Court unto the Prison of the Fleet Punishment of those that forge Subpaena's who are still in Custody It was therefore prayed that the said Hungerford and Aylmer may be punished and made exemplary for such their Misdemeanour Abuse and Contempt of this Court and his Majesty's great Seal Whereupon it is ordered that the said Hungerford and Aylmer be brought into this Court when the Right Honourable the Lord High Chancellor of England doth sit in Court and in the mean time the Register is to search Presidents of what hath been done by the Court in punishing Offences of like nature Mercurii 18 die Julii Anno Regni Caroli II. Regis 18. 1666. Touching the Business of the Court divided according to the Letters of the Alphabet Ordo Curiae THe Right Honourable Edward Earl of Clarendon Lord High Chancellor of England and the Honourable Sir Harbottle Grimstone Baronet Master of the Rolls taking into their Consideration the manifold disorders and undue practices which in the late times have crept into the Six Clerks Office to the great dishonour of this Court the obstruction of Justice the damage of the Client and confusion and loss of the Records and the several ways of redressing the same And having divers times heard the Six Clerks and their Under-Clerks concerning the settlement by division of Letters formerly to this end ordered by the Lord Coventry late Lord Keeper of the Great Seal and after long deliberation and several conferences with some of the Reverend Judges and of the King 's learned Councel finding no expedient so equal and effectual for the due filing and easie search of the Records and the orderly proceedings and quiet dispatch in all Causes nor so proper to prevent the mislaying and the imbezling the Records â—eceiving filing bundling of Bills Answers c. and the making all Exemplifications Writs and Copies thereof to be divided amongst the Six Clerks according to the Letters of the Alphabet Vide infra Feb. 1. 1668. this Order Repealed and that confusion which is every day discovered from thence to the extream scandal of the Court and prejudice of the Subject as the reviving and re-establishing the aforesaid settlement Do hereby Order and Ordain that the said method be revived and from henceforth observed by the present Six Clerks and their Successors and by their Under-Clerks viz. that the receiving filing bundling and keeping of all Bills Answers Pleadings and all Proceedings thereupon and the making and expediting of all Exemplifications Writs and Copies of or concerncerning the same be divided among the said Six Clerks and their Successors respectively by and according to the Letters of the Alphabet in manner following that is to say that all
Bills Answers and other Pleadings of Clients in Causes wherein the Plaintiffs or first Plaintiffs Sirname shall begin with A. B. C. D. F. or Y. and all Proceedings thereupon in the said Six Clerks Offices be from henceforth received filed bundled and kept by Mr. Pyndar and Mr. Bluck or one of them and their Successors in their Offices respectively and by no other And all Bills Answers and other Pleadings of Clients in Causes wherein the Plaintiffs or first Plaintiffs Sirname shall begin with E. G. H. J. K. L. M. N. or O. and all Proceedings thereupon in the said Six Clerks Offices be from henceforth received filed bundled and kept by Sir Cyrill Wych and Mr. Wilkinson or one of them and their Successors in their Offices respectively and by no other And all Bills Answers and other Pleadings of Clients in Causes wherein the Plaintiffs or first Plaintiffs Sirname shall begin with P. Q. R. S. T. V. W. X. or L. and all other proceedings thereupon in the said Six Clerks Offices be from henceforth received filed Bundled and kept by Sir John Marsham and Mr. Longville or one of them and their Successors respectively and by no other in manner as formerly hath been done by the Six Clerks And that all Cross Bills Bills of Reviver and Bills of Review and all proceedings thereupon be revived filed bundled and kept in the same Division of Letters where the former Suit touching the same matter began and not elsewhere and all Exemplifications Writs and Copies of or concerning the same Bills Answers Pleadings and Proceedings thereupon be made and expedited by them to whom the reviving filing bundling and keeping of the Records doth belong according to the allotments of Letters aforesaid and by no other And it is further ordered and ordained That if at any time hereafter there shall happen any difference to arise betwixt any of the Six Clerks touching any of their Under-Clerks or touching their Clients or their Causes or touching the filing of any Bill Answer or Pleading or other thing according to the division of Letters aforesaid or any other matters of their Offices that then the said differences be from time to time examined by the rest of the Six Clerks for the time being whom such difference for the present shall not concern who are to decide and determine the same or otherwise to certifie the true state of the Fact with their Opinion to the Master of the Rolls And because it is very manifest that these misdemeanours and enormities are gotten into the Office of the Six Clerks by the liberty and license which the inferiour Clerks have of late assumed to themselves and by their withdrawing their Obedience from and their dependence upon the Masters of the several Offices in which they write and by receiving too many Clerks of little or no experience into the several Offices It is likewise further ordered and ordained that every of the Six Clerks shall be limited and stinted to twelve Clerks Every Six Clerk to be stinted to 12 Under-Clerks at the most to serve immediately under him whereof fix at the least shall be expert in writing the Chancery Letter and every of those twelve shall take a Corporal Oath before the Master of the Rolls not to imbezil falsifie corrupt raze or deface any Bills Answers Pleadings Commissions Depositions Warrants Decrees Dismissions or other Records whatsoever belonging to the High Court of Chancery and to deliver forthwith unto the Six Clerks respectively or his Deputy unopened all Commissions and Depositions that shall come to their hands to be kept safely and secretly by the Six Clerk till publication and after being copied forthwith to return them Orders heretofore used in Chancery With such Alteration and Additions as the Right Honourable Edward Earl of Clarendon Lord High Chancellor of England with the Assistance of the Honourable Sir Harbottle Grimston Baronet Master of the Rolls have thought fit to Ordain Bills THat no Counsellor do put his Hand to any Bill How Counsellors are to demean themselves in drawing Bills Answer or other Pleading unless it be drawn or at least perused by himself in the Paper-draught before it be Ingrossed which they shall do well for their own discharge to sign also after perusal and Counsel are to take care that the same be not stuffed with the repetition of Deeds Writings or Records in haec verba but the effect and substance of so much of them only as is pertinent and material to be set down and that in brief terms without long and needless traverses of points not traversable tautologies multiplication of words or other impertinencies occasioning needless prolixity to the end the ancient brevity and succinctness in Bills and other Pleadings may be restored and observed much less may any Counsel insert therein matter meerly criminal or scandalous under penalty of good Costs to be laid on such Counsel to be paid to the party grieved before such Counsel be heard in Court If there be matter scandalous in a Bill Bill scandalous a Master of Chancery is to expunge it and to tax Costs for the Party scandalized but if on such reference the Master Reports the Bill not scandalous the Party procuring such reference shall pay Costs to the Plaintiff for such his reference That all Bills be dated the same day they are brought into the Six Clerks Office Bills to be dated the same day they are brought into the Office and that no Six Clerk presume to antidate any Bill and that no Under-Clerk presume to keep any Bill by him but with the first opportunity deliver the same to the Six Clerk or his allowed Deputy in his absence to be accordingly filed No Bill Answer or other Pleading shall be said to be of Record or to be of any effect in Court until the same be filed with such of the Six Clerks with whom it ought properly to remain Subpoena's THat all Plaintiffs may have liberty to take forth Subpoena's ad respondendum before the filing of their Bills if they please notwithstanding any late Order or Usage to the contrary That every Subpoena to Answer How every Subpoena is to be served Revive Review Rejoyn to Testifie or to hear Judgment shall be served personally or left at the Defendants dwelling-House or place of Residence with one of the Family And no Clerk of this Court shall issue any Attachment for not appearing but upon Affidavit first made Affidavit to be made of the Service positive and certain of the day and place of such Service of the Subpoena and the time of the Return thereof whereby it shall appear that such Service was made if in London or within twenty miles thereof four days at the least excluding the day of such Service Attachment for not appearing and if above twenty miles then to have been eight days before such Attachment entred and that such Attachment shall not be discharged but upon payment of usual Costs and
by the said differences to the hindrance of the dispatch of the business of this Court may be hereafter avoided it is this present 18th day of June in the 20th Year of the Reign of our Sovereign Lord Charles the Second c. by the Right Honourable Sir Orlando Bridgman Knight and Baronet Lord Keeper of the Great Seal of England and the Honourable Sir Harbottle Grimstone Baronet Master of the Rolls and by the Authority of this High and Honourable Court of Chancery ordered ordained and decreed That on or before the 1st day of November next ensuing all the present Under-Clerks of the said Office who now are allowed and admitted to practise except such only against whom there is just cause of exception in the Judgment of the Honourable the Master of the Rolls shall be admitted Clerks of this Court and that as well they the said Under-Clerks so to be admitted as every other person hereafter to be admitted to the place of an Under-Clerk in the said Office shall at or before the time of such his admission and before his or their entrance upon that Imployment take this Oath following that is to say The Oath of the Under-Clerks YOU shall swear that you shall not willingly do procure or assent unto any thing whereby any of the Records Rolls Pleadings Books or Writings of or belonging unto the Court of Chancery which shall be under the keeping or charge of the Master of the Rolls for the time being or of any of his Clerks or Ministers or which shall come to your hands or whereunto you shall have recourse shall be imbezled falsified corrupted rased or defaced or whereby any corruption fraud or deceit may be done thereby but shall well and truly entreat and deal with the said Records Rolls Pleadings Books and Writings according to your best knowledge and understanding and that you shall do your utmost endeavour for the safe and secret keeping of all Examinations and Depositions of Witnesses that shall be delivered unto you or shall come to your hands without opening publishing or disclosing till publication be granted by the Court or otherwise by the assent of the Parties or their Attorneys according to the Course of the same Court. So help you God And that upon the death or removal of any of the said Under-Clerks so to be admitted and sworn in each respective Six Clerks division no other person or persons shall from and after the time aforesaid be admitted or sworn an Under-Clerk of the said Office or be admitted to practise in the place or places of him or them so dying or being removed until the number shall be reduced to ten Under-Clerks in each respective Six Clerks division that so the number of the Under-Clerks of the whole Office may be reduced to sixty Clerks and no more Sixty Under-Clerks in the Office at which number the said Under-Clerks shall from and after such reducement be continued unless this Court shall find it necessary to increase or abridge the same and when any vacancy shall happen of any the Under-Clerks places after such reducement as aforesaid none shall be nominated by the Six Clerks respectively for the place of the said Under-Clerks respectively unless he and they have been educated and brought up in the said Office Under-Clerks to be such as are brought up in the Office and have served seven years at the least as a Clerk under some of the Six Clerks or Under Clerks and shall be of honest and civil behaviour and be otherwise fitly qualified for the said imployment And it is hereby further ordered ordained and decreed that no person upon any pretence whatsoever shall be permitted to practise as an Under-Clerk in the said Office but such only as shall be sworn and admitted as aforesaid and that no Under-Clerk so to be sworn and admitted as aforesaid shall at any time on any pretence whatsoever be deprived suspended or in any ways hindred in or from the exercise of his or their said Imployment but by Judgment or Order of the Lord Chancellor Lord Keeper or Master of the Rolls for the time being only And that out of the Fees payable by the Clients the said Under-Clerks respectively so to be sworn and admitted as aforesaid shall and may have receive retain and keep to their own uses respectively the several Fees and Allowances hereafter-mentioned and shall be accountable to the Six Clerks respectively for any business to be dispached in the said Office after the rates and proportions only herein after set down and not otherwise that is to say Clerks Fees That the Under-Clerks shall have and receive and retain to their own uses respectively OUt of the Termly Fee of 3 s. 4 d. the sum of 1 s. 4 d. And for all Copies of Bills Answers Pleas Demurrers Replications Rejoynders Depositions Interrogatories and other Records usually dispatched in the said Office for four pence a sheet and the Fee of 6 d. per sheet usually paid for the transcript of the Bill annexed to the Writ of Dedimus potestatem 4 d. And 12 s. 8 d. per skin for all Exemplifications 12 s. 8 d. And 2 s. 8 d. for every Dedimus potestatem 2 s. 8 d. And 3 s. 2 d. for every Ordinary Commission and Rejoyning Commison to examin Witnesses 3 s. 2 d. And 4 s. for every Commission of Rebellion 4 s. And 3 s. 2 d. for every Writ of Execution of an Order 3 s. 2 d. And 16 s. 4 d. for every Decree and Dismission 16 s. 4 d. And 13 s. 2 d. per skin for every Writ of Execution of a Decree 13 s. 2 d. And 6 s. 8 d. for every Injunction 6 s. 8 d. And 1 s. for every Attachment and Attachment of Proclamation 1 s. And a Moiety of oll other Fees for all other Writs usually dispatched by the Clerks in their Clients Causes Moiety And the Under-Clerks respectively shall be accountable to the Six Clerks respectively only For 2 s. residue of the said Termly Fee of 3 s. 4 d. 2 s. And 4 d. per sheet of all Copies of all Bills Answers Pleas Demurrers Replications Rejoynders Depositions Interrogatories and other Records usually dispatched in the said Office 4 d. And 14 s. a skin for every Exemplification 14 s. And 4 s. for every Dedimus potestatem 4 s. And 3 s. 6. for every Commission and Joyning in Commission to examin Witnesses 3 s. 6 d. And 6 s. for every Commission of Rebellion 6 s. And 3 s. 6. for every Writ of Execution of an Order 3 s. 6 d. And 17 s. for every Decree and Dismission 17 s. And 13 s. 6 s. per skin for every Writ of Execution of a Decree 13 s. 6 d. And 6 s. 8 d. for every Injunction 6 s. 8 d. And 1 s. for every Attachment with Proclamation 1 s. And for a Moiety of all other Fees for all other Writs usually dispatched by the Clerks in their Clients Causes Moiety And it is further ordered
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-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-Clerk of the other Side and that upon entring of such Rules notice shall from time to time be given to the 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
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