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A53418 Ordines cancellariæ, being orders of the High Court of Chancery, from the first year of King Charles I, to this present Hillary term, 1697 ... to which is added the Rules and orders of the Court of Exchequer. England and Wales. Court of Chancery.; England and Wales. Court of Exchequer. Rules and orders of the Court of Exchequer. 1698 (1698) Wing O415; ESTC R11916 131,267 357

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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 Qu● Warrant● 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
4th of February 1657 unto his Lordship to be disposed of according to the ancient course and custom of the Court. Will. Lenthall C. S. Lord Keeper Saturday the 21th of May 1659. Subpoena Office Order of the Court. VVHereas I am informed that Writs to examin Witnesses in perpetual memory Writs of Duces Tecum and Writs to shew Cause upon Orders are of late made use by the Clerks of the Six Clerks Office upon the pretence that if the word process be in the Order that then as Clerks of the Court they may make them And that also by such Clerks and others appearing on counterfeit Writs of Subpaena much damage doth accrew not only to the Subpaena-Office it self but also unto the Clients thereof It is therefore ordered that from henceforth no Clerk of the Six Clerks Office or others do appear on any Counterfeit Writ of Subpaena and that no person that shall be guilty of counterfeiting any Subpaena shall be permitted to write under or for any Clerk of the Six Clerks Office whereof the Six Clerks and their Clerks are to take notice And also that no Clerk of that Office making any Writs of Duces tecum Writs to examin Witnesses in perpetual Memory Writs of Duces tecum Writs to examin Witnesses in perpetual Memory or Writs to shew cause on Orders to be made by the Clerk of the Subpaena-office only or Writs to shew Cause on Orders but that they be made by the Clerk of the Subpaena-Office as formerly hath been accustomed Will. Lenthall C. S. Lord Keeper Monday the 30th of May 1659. Concerning Filing Bills Order of the Court. Antea 83. VVHereas by an Order bearing date the 16th of May instant it was ordered amongst other things That all Bills brought unto the Clerk in the Six Clerks Office since the 4th of February 1657. should be entred and filed with the Six Clerks according to their several dates His Lordship doth declare That it was not his intention to make good any Process of Contempt that issued out for not appearing or not answering to any such Bills not duly filed with the Six Clerks at the time of issuing out of any such Process nor to discharge any Costs duly obtained for want of due filing All Bills to be brought into the Clerk in the Six Clerks Office to be entred and filed according to their several dates This Order not to extend to Process of Contempt issuing out for not appearing and not answering to any such Bills not duly filed nor to discharge any Costs for want of due filing of any such Bills with the Six Clerks but for supporting of Injunctions and other Proceedings upon the merits of the Cause And it is ordered by his Lordship That all Bills and other Proceedings brought or to be brought unto the Clerk in the Six Clerks Office for the future shall be entred and filed with the Six Clerks according to the ancient use and custom of the Court. Monday the 16th of April 1660. An Order between Walter Long Esq and the Lady Jermyn touching the Registers Office in Chancery THe said Parties appearing before us this day upon complaint made by the Lady Jermyn that Mr. Long had lately taken divers Books out of the said Office and carried them to another Place so as the business of the Office is hindred Order to be heard by Councel touching taking of Books out of the Office And Mr. Long now desiring time to be heard by his Councel it is ordered that both sides attend as to be heard herein on Thursday next and in the mean time the business of the Office is to be done by the usual persons and in the usual place T. W. C. S. T. J. C. S. Lords Commssioners Thursday the 19th of April 1660. Pursuant of the former Order WHereas complaint hath been made to your Lordships that several Books and Papers belonging to the said Office have by force been lately taken away from thence by Walter Long Esq accompanied with one Robert Smith and others his Assistants therein and carried away to another place whereby the business of the Court hath been and is hindred and this was done pending a Reference of Parliament touching the said Office made to Denzill Hollis Esq and Sir Harbottle Grimstone Baronet And their Lordships have made an Order of the 16th of this Month for both Sides to be heard herein this day touching the said Books and Papers and all Parties concerned with their Councel attending Upon debate of the matter and hearing what was offered on all Sides their Lordships having respect to the business of the Court and that the same may be carried on and dispatched without interruption do think fit and so order Mr. Long to bring back the Books which he had removed into the Registers Office that all the Books and Papers so removed and by force taken and carried away out of the Registers Office aforesaid by the said Mr. Long and his Agents and Assistants and also the Book or Books seized upon and taken away by one Lanselot Emot and his Assistants and since delivered over to the said Mr. Long be by him the said Mr Long brought back and delivered into th● Registers Office in Symonds-Inn in Chancery-Lane before Saturday the 28th instant there to remain and be disposed into the hands of those persons who formerly had the same in their custody And their Lordships do further order and declare That for the time to come and until further order the business of the Office shall be done by the usual persons and in the usual place aforesaid for which their Lordships do understand that a Rent hath been constantly paid whereunto Mr. Long or any for him may have free liberty of access And as to the Order of the 19th of October last made on the behalf of Mr. Long their Lordships do declare that they will take the same into their consideration at the first General Seal after Easter next And do further order and declare That all persons concerned with their Councel do then attend touching the same And their Lordships do further declare That this Order shall be without prejudice to the Right Title or possession of any person or persons concerned in the said Office or pretending any Right thereunto And that the same is not intended by their Lordships to hinder or prejudice the said Reference or any Order or Award to be made by the said Referees This Order not to prejudice any Reference or Award to be made by the Referees therein but only that the Affairs of the said Office may be carried on peaceably without disturbance for the good and benefit of the people which they looked upon as a thing of present necessity and as a duty incumbent upon their Lordships T.W. C.S. T.J. C.S. Thursday the 21th of June 1660. Concerning Records Order of the Court. WHereas Nicholas Strode Esq is duly sworn Vide ante 5 Car. 1. and admitted one of the Examiners