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
shall be permitted to sit or write or dispatch any business as a Clerk in the said Office of Six Clerks or have access to or copy the Records thereof but only the Six Clerks and sworn Under-Clerks and their Clerks Servants respectively which the Six Clerks and sworn Under-Clerks of this Court are hereby severally strictly required to perform and keep upon the peril of the forfeiture of their Places And it is further Ordained and Decreed That certain Orders made by the Honourable Sir Harbottle Grimstone late Master of the Rolls for the better execuâ—ing of the aforesaid â—ecited Decree bearing date the 18th of June in the 29th year of his late Majesty King Charles the Second of blessed memory for the better regulating the Six Clerks and for the better encouragement of the Young Clerks who have or shall serve the Six Clerks or sworn Under-Clerks of this Court be hereby ratified and confirmed subject to such further additions and alterations as his Honour the Master of the Rolls shall think fit to alter and make for the better putting in execution this present Ordinance and Decree and for the true and better preservation of the Records and Pleadings of this Court wherein the security of the King and the Justice of this Court is so much concerned the which to preserve from all frauds and evil practices is the true aim and end of this present Ordinance and Decree It is hereby Ordered Ordained and Decreed No Master to deliver any Answer or Pleading to any but a Six Clerk or sworn Under-Clerk That no Master of this Court do deliver or suffer to be delivered any Answer or Pleading of this Court to any person or persons other than to a Six Clerk or to one of the sworn Clerks of this Court and to no other and that no Six Clerk of this Court do upon the peril of his place deliver any Bill Answer or Pleadings of this Court to any person whatsoever No Six Clerks to deliver any Bill Answer or Pleading to any person but to a sworn Clerk or his waiting Clerk other than to a sworn Clerk of this Court or to their respective waiting Clerks for whom they are to be answerable and that no sworn Clerk of this Court upon the peril of his place do deliver to any person whatsoever any Bill Answer or Pleadings of this Court other than to his respective Clerks Servants for whom he is to answer except by the Order of the Lord Chancellor Master of the Rolls or of this Court. 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 tenor and true meaning hereof Jeffreys C. J. Trevor Lords Commissioners Martis 16 die Martij Anno Regni Regis Reginae Gulielmi Mariae 1. 1689. Ordo Curiae Private IT hereby ordered That the several Matters which have been by former Orders referred to Sir William Beversham Knight deceased Matters referred to Sir W. Beversham deceased to be transmitted to Mr. Keck shall either by Motion or Petition as desired be transferred to Samuel Keck Esq one of the Masters of this Court who is to proceed therein as the said Sir William Beversham was to have done and to that purpose it is further ordered That all the Books Papers Deeds Writings and Accounts that concern the Causes so referred to the said Sir William Beversham be transmitted to Samuel Keck Esq when they shall be demanded Dated this 16th day of March 168 1 9. John Maynard C. S. A. Keck C. S. W. Rawlinson C.S. Martis 29 die Julij Anno Regni Regis Reginae Gulielmi Mariae 1. 1689. Touching Hearing Ordo Curiae WHereas Causes are oftentimes brought to a Hearing and the Pleadings in a Cause do not appear to be filed whereby the Causes are put off and the Suitors thereby put to great charges and delay It is this day ordered by the Right Honourable the Lords Commissioners No Motion to speed a Cause to hearing without a Certificate from the Six Clerk that the Pleadings are filed c. That no Motion shall be made to hasten a Cause to hearing that is either Adversary or by consent nor Cause entred with the Register for hearing notwithstanding any Order without Certificate first had from the Six Clerk that the Pleadings are filed for which no Fee is to be taken All Clerks to enter their Pleas and Demurrers within 8 days after filing but a Certificate must be had of the filing And it is further ordered That all Clerks shall enter their Pleas and Demurrers within eight days after filing according to the ancient Rule but the same are not to be entred without a Certificate first had of the fiâ—ing of the Bill Plea and Demurrer Mercurij 23 die Octobris Anno Regni Regis Reginae Gulielmi Mariae 1. 1689. Touching Rehearing Ordo Curiae IT is this day ordered by the Right Honourable the Lords Commissioners c. Two days before the Re-hearing the Party Appealing shall attend the Lords Commissioners with a Copy or Order of the Decree Appealed from and a true Copy of a Petition for Re-hearing That when any Cause shall be appointed to be reheard the party appearing shall two days at least before the day appointed for such Re-hearing attend their Lordships with a true Copy of the Order or Decree Appealed from as also with a true Copy of the Petition upon which such Rehearing was granted that their Lordships may upon all Rehearings be apprized of the Order and Decree and the Objections against the same Lords Commissioners Veneris 17 die Januarij Anno Regni Regis Reginae Gulielmi Mariae 1. 1689. Touching Exceptions to Masters Reports Ordo Curiae Additional Vide supra 12 Feb. 1670. WHereas the Right Honourable the late Lord Keeper Bridgman taking notice of the trouble loss of time expence and delay to the Suitors occasioned by putting in Exceptions to Masters Reports many of which did prove frivolous and vexatious did by Order of the 12th of February 22 Car. 2. for the prevention thereof declare and order That for the future every person that should put in Exceptions to a Masters Report should besides the 40 s. deposited upon exhibiting the same pay 10 s. further Costs for every Exception or distinct Branch of an Exception which should upon the hearing thereof be over-ruled 20 s. Costs to be paid for every frivolous Exception to a Masters Report over and above the 40 s. deposited and whereas the Right Honourable the Lords Commissioners c. finding the like inconveniences to continue by reason the said Order hath not been duly pursued do for the preventing thereof for the future Order That the said Order made by the said Lord Keeper Bridgman be revived with this further That for every frivolous and impertinent Exception or distinct Branch of an Exception
and doth further Order That for the future where any Plaintiff or Plaintiffs shall take Exceptions to a Defendants Answer The like as to Exceptions to an Answer appealed from the Master and shall appeal to the Court for their Judgment thereon from the Report of any Master such Plaintiff or Plaintiffs shall pay 10 s. for every Exception or distinct branch of an Exception which upon the hearing thereof shall be likewise over-ruled as frivolous beyond the Costs which by the course of the Court he or they are to pay Veneris 18 die Junij Anno Regni Jacobi II. Regis 2. 1686. Touching Hearing Ordo Curiae IT is this present day ordered by the Honourable the Master of the Rolls That for the future when any Cause or Causes shall come to be heard before his Honour at the Rolls the Clerk in Court on either side shall attend such hearing The Clerks in Court on either side to attend the hearing to the end that his Honour may be informed if occasion require that such Cause or Causes are ready for his Honours Judgment and that the party or parties for whom they are concerned do appear to hear Judgment gratis or that they were regularly served with Process for that purpose as the Case shall require Mercurij 9 die Junij Anno Regni Jacobi II. Regis 2. 1686. The Transacting of Records into the Chappel of the Rolls Ordo Curiae Revived WHereas by an Order of this Court of 3d of July Vide 3 Julij 1676. 28 Car. 2. nuper Regis It was ordered That the Six Clerks of this Court should forthwith send the Inrolments of all Patents which they or any of them or their respective Clerks then had in their or any of their Custodies fairly written in Parchment and carefully examined into the Petty Bag Office to be Estreated together with the Privy Seals and Warrants of the same and also all Decrees with the Docquets thereof to the Chappel of the Rolls to remain there and that the Clerk of the Inrolments should also send the Records of all Deeds and Recognizances duly examined to the said Chappel The inrolments of Patents to be sent into the Petty Bag to be Estreated with the Privy Seals and the Records of Deeds into the Chappel of the Rolls and that all Records in the Petty Bag Office after the same were Estreated be remitted with their Warrants from thence into the Chappel of the Rolls according to the ancient usage heretofore for sending Records into the said Chappel viz. the Patents after three years from the time of their Inrolment and the Records of Deeds and Recognizances from the Inrolment Office after two years from the time of Inrolment and so from year to year for the future and that such Records as were come into the Chappel and not fit to be received and continued there by reason of their ill Character bad Parchment Razures or interlineations be transcribed within the Chappel of the Rolls The Patents after 3 years from the time of the Inrolment and the Records after 2 years at the charge of the said Six Clerks and the Clerk of the Inrolments to which of them the said Records did at first properly belong which Order having not of late been duly observed by reason whereof great inconveniences may happen to arise to the Suitors of this Court in their particular concerns As also to divers others of his Majesty's Subjects concerned in the Records in the said respective Offices the Right Honourable the Lord High Chancellor of England and the Honourable the Master of the Rolls taking notice thereof and of the great neglects that have been done by the respective Officers of the particular Offices in not transmitting the Inrolments of Patents and Decrees and Docquets Records Deeds and Recognizances according to the Direction and Intent of the said Order do therefore order That the said Order be revived and a due performance and obedience given thereto by the respective Officers concerned in their respective Offices and Places they now are or shall be concerned in relation to any of the Matters of this Order Veneris 6 die Aprilis Anno Regni Jacobi II. Regis 3. 1687. Touching Decrees Ordo Curiae WHereas for the preventing of differences that did arise upon Decrees and Orders pronounced in open Court the Right Honourable the Lord High Chancellor Minutes of Decrees and Order to be â—ead in open Court c. hath from time to time caused all Minutes to be read in open Court that the Counsel at the Bar and other persons concerned might take notice of what did concern their respective Clients and speak for the rectifying thereof or adding thereto as occasion offered whilst the Matters were fresh in the memory of the Court and have several times given directions that afterwards none should presume either to petition or move the Court complaining against any Order agreeing with the Minutes except the Minutes should after the reading thereof be altered or the Register shall fail in doing his duty persuant thereto without consent and yet without due regard thereto several Petitions have been since causelesly preferred His Lordship doth therefore this day order That due observation be given to the parties concerned when any Minutes are read in Court to the end that no further Complaints may be made against the Officer or the Minutes by him taken in Court except as aforesaid and to the end no person may plead ignorance hereof his Lordship doth direct That this Order be fixed up in the Offices of the Six Clerks and Register of this Court that all due obedience may be given thereto Veneris 29 die Aprilis Anno Regni Jacobi II. Regis 3. 1687. An Examiner suspended Ordo Curiae IT is this day ordered by the Right Honourable the Lord High Chancellor c. That Richard Burreston One of the Examiners of the Court suspended one of the Examiners Clerks in the Office of William Adderly Esq one of the Examiners of this Court for that the said Richard Burreston did intrust one Philips who is no sworn Clerk of the said Office to transcribe part of the Depositions of a Witness examined by the said Burreston in a Cause now depending in this Court wherein one Woollaston is Plaintiff and Winford Defendant before the said Witness had perfected his Examination or Publication past in the Cause be suspended from any further Imployment in the said Office till further Order Lord Chancellor Veneris 29 die Aprilis Anno Regni Jacobi II. Regis 3. 1687. Touching Interrogatories Ordo Curiae WHereas by Experience great inconveniences have hapned in several Causes by the exhibiting Interrogatories which are impertinently drawn into great length whereby the Suitors have been put to great and unnecessary Charges as also leading Interrogatories whereby the Witnesses by turning the Negative into the Affirmative are led to swear to the whole Contents of an Interrogatory and oftentimes thereby drawn ignorantly to forswear themselves which