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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
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 ●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
due and convenient time after they are sworn and the reason of this part of the Order and before use be made thereof in Court as well to prevent the vexation and trouble of his Majesties Subjects in coming so often to enquire for such Affidavits before they come unto the said Office as also that the parties against whom the said Affidavits be made may have time by their Council to inform this Court of any just Cause of Exception they may have to alledge against the same And to the end that none may have any excuse of being ignorant hereof It is lastly commanded That this Order being fairly Written shall be set up in Tables and so shall remain in the several Offices of the Register of the Six Clerks and of the said Affidavits Tho. Coventry C. S. Jul. Cesar Lunae 16 die Novembris Anno Regni Caroli Regis undecimo 1635. Concerning the amending of Letters Patents Ordo Curiae VVHereas a Petition was lately exhibited to his Majesty by Sir Kenelm Digby Knight the Tenor of which Petition and the Answer thereunto followeth in these words To the Kings most Excellent Majesty The humble Petition of your Majesties Servant Sir Kenelm Digby Knight Humbly Sheweth THAT whereas your Majesty was graciously pleased to bestow upon him certain Lands Escheated to your Majesty by the death of John Calverley Esq without Heir part of which Lands lye in the County of Kent and were so mentioned in the Office found to intitle your Majesty and in the Bill Signed with your Royal Hand for passing thereof to your Petitioner but at the Signet Office by the mistake of the Clerk taking the Letter L for a K are mentioned to lye in Com. Kank and by that Error are so mentioned both at the Privy Seal and Great Seal and the Inrolling thereof which your Petitioner cannot have amended without your Majesties special Warrant Your Petitioner therefore most humbly beseecheth your Majesty to be graciously pleased to give a Warrant that they may be amended and made agreeable to the Bill Signed and the Patent after the Amendment thereof new Sealed as in such cases is usual And Your Petitioner shall daily pray c. At the Court at Salisbury the 9th of August 1635. HIS Majesties Pleasure is That these Mistakings be Amended and made agreeable to the Bill Signed and the Patent after the Amendment thereof new Sealed as in such Cases is usual and as here is desired John Coke In conformity to which his Majesties pleasure the Right Honourable the Lord Keeper having seen as well the said Letters Patents as the Privy Seal whereupon the same did pass remaining in this Court and having also seen the Original Bill signed under his Majesties Hand and the Transcript thereof which passed the Signet and finding the Information in the said Petition to be very just and true and having advised thereof with his Majesties Attorny General hath Ordered That the Privy Seal remaining in this Court and the Inrolment thereof be amended and that the Seal be pulled from the Letters Patents and the same Patent amended and new Sealed according to his Majesties good Pleasure And this Order grounded upon his Majesties Direction Amendment of Letters Patents for a mistake in the Privy Seal and the Inrolment and the Original Bill under his Majesties Hand shall be a sufficient Warrant to the Clerk and other Officers of the Court to whom it appertaineth for the doing thereof Tho. Coventry C. S. Jo. Bancks Martis 5 die Januarii Anno Regni Caroli Regis undecimo 1635. For Under Clerks being allowed Parchment for Ingrossing Decrees c. Ordo Curiae THE Right Honourable the Master of the Rolls having taken Consideration of the Oath Administred unto the Under Clerks in the six Clerks Office whereby they are sworn not to carry nor consent that any other may carry forth of the House called the Six Clerks Office any Bill Answer Commission Decrees Dismissions Bills signed Privy Seal or any other Record whatsoever which ought to be there remaining except by special Order of the Court And being also advertised That their Under-Clerks have used and ought to have from the Usher of this Court Parchment for Ingrossing of Decrees and Dismissions which are to be Inrolled which cannot be well proportioned unto them without sight of the said Decrees and Dismissions that the Parchment may be allowed and delivered unto them proportionable to the length of the said Decrees and Dismissions It is therefore this present day Ordered by his Honour That it shall be lawful from henceforth for any of the said Under Clerks in the Six Clerks Office to bring over from the Office into the Chappel of the Rolls any Decree or Dismission after the same shall be so signed to be seen by the Usher of this Court or his Deputy only for that purpose that he or they may see what Parchment is fit to be allowed for the Inrolling thereof Under Clerks may bring over from the six Clerks Office to the Chappel of the Rolls any Decree or Dismission after the same shall be signed to be seen by the Usher of this Court that Parchment may be allowed for the Inrolment thereof and to no other intent or purpose which being done the same are by the said Under-Clerks to be safely returned into the Office whence the same was so taken out as aforesaid without suffering the same to pass out of their own Hands Jul. Cesar Mercurii 15 die Junii Anno Regni Caroli Regis Duodecimo 1636. By reason of the Plague Ordo Curiae THE Right Honourable the Lord Keeper having taken into his Consideration the Danger of the increasing of the Infection of the Plague by the assembling of much People together at this time doth therefore this present day Order That all unnecessary resort unto his Lordships House by the Officers and Clerks of this Court and others be forborn both at General Seals and at other times and that all Patents Commissions and Writs whereof an Entry is to be made in the Comptrollment Book shall be brought to the Riding Clerk or his Deputy before they be Sealed who are then to take such particular notice thereof in Writing that when the same shall be Sealed a perfect Entry thereof may be made in the Comptrollment Book whereby a due account may be given to his Majesty and otherwise as is and hath been used and after such Notes shall be taken as aforesaid and the Hand of the Riding Clerk or his Deputy put to the said Patents Commissions and Writs then the Riding Clerk or his Deputy is to send the same to be Sealed at such time and places as his Lordship shall appoint for that purpose and after the said Patents Commissions and Writs shall be Sealed the same are to be taken from the Seal by the Clerk of the Hannaper or his Deputy and then the Officers and Clerks who writ and prepared the said several Businesses for the Great Seal are to receive them
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
Page 233 How and when Causes are to be set down for Hearing Page 135 To be set down without Fee ibid. At the Hearing if no Counsel appear for the Defendant his Answer shall be read Page 136 I. Vide Title Examinations DEeds to be Inrolled within five days after the acknowledgment 18 June 38. To be Inrolled within 6 Months Six Clerks to Inroll all Warrants for Patent Leases 20 Aug. 62. Page 101 Writ of Injunction of Course upon a Dedimus Potestat ' 26 Nov. 49. Page 59 Interrogatories to examine Witnesses to be signed by Counsel 29 April 87. Page 217 Interrogatories how far to be extended or not Page 139 Injunction not to be staid granted or dissolved upon Petition without notice of the other side Page 151 Injunction vide Petition Inrolment of Patents Page 194 195 L. ORder Affidavit or Certificate touching Ideots Lunaticks and Non Compus Mentis to be filed with the Clerk of the Custodies 13 July 55. Page 70 Amendment of Letters Patents for a mistake in the Privy Seal and the Inrolment and Original Bill under His Majesty's Hand Page 22 M. THursday to be observed for Motions 18 June 52. Page 65 Motion to speed a Cause to Hearing 9 July 89. Page 232 Masters Extraordinary not to act within eight Miles of London 9 Oct. 86. Page 71 How to certifie Affidavits ibid. Minutes of Decrees and Orders to be read in open Court 29 April 87. Page 213 Masters vide Exceptions Reports The Masters not to retorn special Certificates to the Court unless required by the Court Page 144 How the Master is to satisfie the Court touching the Defendants Answer Page 145 The Masters Certificate not being to ground a Decree if positive is to stand Page 146 Of Masters Extraordinary Page 148 Orders vide per totum vide Petition Of Orders granted on Petitions 27 May 87. Page 217 Plea of Outlawry when good or not Page 119 P. Petition NO Process of the Court to issue out upon Petition till such Petition be first filed 26 April 47. Page 50 Injunction not to be staid granted or dissolved upon Petition without notice or Copy of it on the other side Page 151 No Sequestrations Dismissions Retainers upon Dismissions or final Orders to be granted upon Petition Page 151 No former Order of Court to be altered or explained upon a Petition or Commitment of any Person upon Contempt to be discharged by it ibid. Petitions to ground Subpoena's when effectual Page 218 Paper Books called the Bills and Costs to be brought into Court 30 Octob. 58. Page 80 Plea of Outlawry vide Outlawry Page 119 Plea to the Jurisdiction Page 117 All Pleadings c. to be delivered into the Six Clerk's own hand or his Deputy Page 131 Plea depending a former Suit for the same Matter Page 120 Priviledge Priviledge Writs and Pauper Writs to be sealed without Fee Page 100 Clerk of the Hanaper though suspended from his Office yet allowed priviledge 30 Jan. 36. Page 32 Priviledge for known Clerks of the Court and their Menial Servants only Page 6 Writ of Priviledge how and by whom to be allowed Page 7 Publication After Witnesses examined in Court two Rules shall be given for Publication and upon the Retorn of a Certificate one Rule only Page 132 Paupers No Fee to be taken during the Paupers business depending in Court and the penalty Page 151 Cause of a Paupers Suit being perpetually dismissed Page 152 The Counsel who moves for a Pauper ought to have the Copy of the admittance with him Page 153 No Process of Contempt to be made at the Suit of a Pauper till it be signed by the Six Clerk ibid. Patents Six Clerks to inroll all Warrants for Patent Leases c. whereby the Patent-Leases pass the Great Seal Page 104 Inrolments of Patents Page 195 211 212 Concerning Quakers Page 189 R. REcords transferred over to the Rolls Chappel 8 December 49. 19 July 58. 29 June 54. 30 July 76. 9 June 86. Page 60 69 78 79 Transferring Records to the Attorney of the other side 19 June 14 Car. 1. Page 43 Order for safe keeping the Records by being duly filed 16 Nov. 53. Page 66 Records to be delivered to a new Register 21 June 60. Page 91 Report upon a reference of insufficient Answer to be filed within one Month after the Date of such Reference 10 Decemb. 4 Car. 1. Page 5 Reports and Certificates made by the Master when to be filed 27 Octob. 92. This Order suspended 7 July 93. Page 237 Of Reports of the Master on Account Page 202 203. Recognizances to be inrolled within six Months after the acknowledgment 22 July 74. Page 180 41 185 186 S. HOw every Subpoena is to be served Page 115 116 How a Subpoena ad Audiendum Judicium is to be served Page 1 116 Subpoena ad rejungendum Page 116 125 Subpoena ad Audiendum Judicium Page 116 No Subpoena ad Audiendum Judicium without a Note under Six Clerk's hand Page 53 No Subpoena to be retorned immediate without the special Command of the Lord Chancellor 23 June 40. Page 47 How a Subpoena for Costs is to be served Page 116 Replication to be first filed before a Subpoena ad Rejungendum shall issue out 1646. Page 54 What Writs are to be made by the Clerks of the said Subpoena Office only 21 Nov. 59. Page 86 Punishment of those that forge Subpoena's 25 Jan. 63. Page 106 W. Witnesses vide Examination THe Clerk that shews a Witness ought to have a Note of his Abode 9 May 1 Jac. 2. Page 204 In Affidavit of material Witnesses to examine the chiefest Witness and the material Points to which they are to be examined ought to be inserted 26 Octob. 85. Page 207 How a Witness to be examined Page 128 Writs vide Subpoena Priviledge Writs Pauper Writs and Renewed Writs to be sealed without Fee 12 Feb. 62. 18 Nov. 68. Page 100 Of what Retorn the Cursitor o make his original Writ Page 149 FINIS THE RULES AND ORDERS OF THE COURT OF EXCHEQUER LONDON Printed by the Assigns of Richard and Edward Atkins Esquires for John Walthoe and are to be sold at his Shop in the Middle-Temple Cloysters 1698. ORDERS and RVLES of Proceedings in the Office of His Majesty's Remembrancer of His Court of Exchequer at Westminster which the Right Honourable the Lord Chief Baron and the other Barons have thought sit at present to Ordain and Publish for the better and more speedy carrying on the Business in that Office I. English Bills EVery Subpoena to Answer Rejoin or hear Judgment shall be served Personally or left at the Defendants Dwelling-House or place of Residence with one of that Family or otherwise the same Writ under Seal shall be shewed there to such Person of such Family and a Ticket thereof left with such person containing the effect of the same Writ And all such Tickets upon a Subpoena to Answer shall be written in the Exchequer hand in Parchment II. Filing