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
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
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
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