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 [Page 2] 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 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 [Page 3] notice hereof, shall hereafter observe and perform the said former Order, his Lordship minding to have the same put in Execution in all points.

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 [Page 4] 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. ItThe 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 [...]h [...] 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 [Page 5] 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.

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 [Page 6] 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.

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 [Page 7] 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.

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 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 [Page 9] 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 [Page 10] 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 proc [...]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.

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 [Page 12] 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, [Page 13] 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.

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 [Page 14] made unto a County where the Party is not resident, and when it is made into the right County, by reason of an unusual neglect and want of en­deavour in the Prosecutor to get the same executed, the Sheriff returneth a Non est inventus, or a Proclamari feci, and sometimes that Return made by others in the Sheriffs name, in an or­dinary course. His Lordship therefore, to remedy such Inconvenience and Abuse hereafter, and to prevent the vexation of the Subject in this kind, doth think fit and Order, That all Process hereafter to be made upon any Con­tempt, be made out into the proper County where the party against whom the same Process issueth, shall be resi­dent or dwelling, unless he shall be then in or about London, All Process made upon Contempt to be made out into the pro­per County where the par­ty is resident, unless in or about London. in which case it may be directed into the Coun­ty where he shall then be, that it may be served upon him there; and that eve­ry Suitor who prosecuteth Process of Contempt against any of his Majesties Subjects, shall do his best endeavour to procure the said Process to be duly executed,He who pro­secuteth for Contempt, to do his best en­deavor that the precedent Process be du­ly executed. and the supposed Contem­ners to be apprehended thereby; and if any be hereafter arrested upon a Pro­clamation or Commission of Rebellion, or by the Serjeant at Arms, and shall [Page 15] make it appear unto the Court by proof, that the Prosecutor of those Processes hath not done his best endeavour to have had the first and precedent Pro­cess duly executed, as by the Order is required, then the party so offending shall pay unto the other party grieved, very good Costs for his wrongful vex­ation, contrary to the direction of this Order. And his Lordship doth also Order, That notice be given thereof to the Officers and Clerks of the Court, that so their Clyent may have know­ledge thereof, that the same may be observed accordingly.

Concerning Affidavits.

Ordo Curiae.

VVHereas the Right Honourable the Lord Keeper of the Great Seal of England, and the Master of the Rolls, have by an Order of this Court, dated the 23th day of January, Antea An. 1629. in the 5th year of his Majesties Reign, Ordered and straightly charged and re­quired, That all Affidavits of this Court, except those only which belong to the Supplicavit Office, should be­fore the same be exhibited in Court, [Page 16] or otherwise produced, to ground any Order, Writs, Process, or Proceedings of Court thereupon, be brought into the Office of Registring Affidavits, and be there duly Filed and Registred, and that no Copy of Affidavits be made or subscribed, but by the sworn Register of Affidavits, or his Deputy for the time be­ing, and that no Counsellor at Law, nor any of the six Clerks, or other Clerks or Officers of this Court, nor any So­licitor of Causes there depending, should from thenceforth 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 this Court, their Clerks or Deputies, do make, pass, or enter any Order for Attachments, Commissions, Writs, Pro­cess, or Proceedings, grounded upon any Affidavits, unless the said Affidavit be first Filed and Registred in the Af­fidavit Office, as aforesaid, and that all Clerks of the Court, Solicitors of Causes there, should by the end of Hillary-Term then next following, bring into the said Office all such Original Af­fidavits as should remain in their Hands, [Page 17] and cause the same to be there duly Filed and Registred at their Peril. All which notwithstanding, many Original Affidavits have not been brought into, nor Filed in the said Office, as in and by the said Order was required; but contrarywise, many Affidavits have since been read and used in Court, and Or­ders and proceedings have been there­upon made, drawn up and entred, be­fore the said Affidavits have been Fi­led and Registred in the said Affidavit Office. And whereas also many Affi­davits have been and are brought into the Register of the Affidavit Office, by the parties themselves, whose Cause the same concerneth, and by others for many Weeks, Months, and some Years after the same Affidavits sworn, with sundry Interlineations, sometimes in another Hand, oftentimes a Line or two struck out, usually blotted or alte­red in one place or another, not with­out apparent suspition of being cor­rupted and falsified, after the Master of this Court his Hand put thereunto, or use made thereof, upon Motion in Court, or Orders or Process thereupon ground­ed. Now upon due consideration had by their Honours of the Premisses, It is this present day Ordered, and by their Honours strictly given in charge [Page 18] and commanded, That the said Order of the 23th of January, in the said fifth year of his Majesties Reign, shall be henceforth, both at the Court at West­minster, at the Seals, and at the Rolls, by the Officers of this Court, and all others whom the same doth or may concern, duly observed and kept, at the perils of such as in contempt of this Honourable Court, shall presume wilfully or negligently to decline or not observe the same. And further it is Ordered by their Honours, That neither the Register of this Court, his Clerk or Deputies, shall, or do at any time hereafter, draw up, sign or set his or their Hand or Hands unto any Or­der whatsoever, grounded upon an Affidavit, unless the Affidavit be first Filed and Registred with the Register of the Affidavits,Filing Affida­vits, vide ant [...] f. 10. and attestation there­of brought and shewed to the said Re­gister of this Court, his Clerk and De­puties, under the Hands of the said Re­gister of the said Affidavits, or his De­puty attending in the said Office. And it is further Ordered by their Honours, That no Master of this Court shall ac­cept of, or take the Oath of any per­son to an Affidavit, except the same be fairly and handsomely writ in one hand, without blotting or interlining;Affidavits to be fairly writ­ten in one Hand, with­out blotting or itnerlineati­on, otherwise no use to be be made of them in Court. and in [Page 19] case any Affidavit shall escape the said Master of this Court, and pass so blotted and interlined, under their or any of their Hands, It is further Ordered, That the Register of Affidavits or his Deputy shall thereupon refuse the same, and that afterwards no use shall be thereof made in any of the procee­dings of this Court. And lastly, It is wished and directed by their Honours, That all Affidavits taken, or henceforth to be taken before any Master of this Court, be brought unto the said Re­gister of the Affidavits, or his Deputy for the time being, to be there Filed and Registred, in some due and con­venient time after the same be sworn unto,Affidavits to be Filed in 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 [Page 20] in Tables, and so shall remain in the several Offices of the Register of the Six Clerks, and of the said Affidavits.

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:

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.

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 [Page 24] 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.

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 [Page 25] 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 from the Hands of the Clerk of the [Page 26] Hannaper or his Deputy, as formerly they have done, and for all other Writs and Seals that are in Farm the same Writs are to be delivered at the Subpaena Office to the Farmers there­of, or their Deputies, who are to that purpose there to attend to receive the Writs, and cause them to be carried to the Seal and to be brought back unto them when they are Sealed, and then the same Writs are likewise to be fetch­ed from them by the Officers and Clerks who writ and prepared the same Writs for the Seal, as is usual, which Cou [...]se before directed and ordered is to be observed by all those whom it shall concern, until his Lordship shall signifie his pleasure to the contrary.

Touching Differences between the Six Clerks and the Examiners.

Ordo Curiae.

WHereas the Examiners of this Court have lately Petitioned the Right Honourable the Lord Keeper thereby desiring to be righted against the Six Clerks of this Court in sundry [Page 27] Particulars pretended by the Examiners to be by the Six Clerks encroached up­on the Rights of the Examiners Places, as namely touching the Returning, Co­pying, keeping and Filing of all Exa­minations and Depositions taken as well by Commission as in Court, and touch­ing the Six Clerks exemplifying of Examinations taken in Court by loose Copies, and the Examiners claim to write to the Great Seal for the making of their own and their Clerks Attach­ments of Priviledge and other Writs, and also that no Commission to exa­mine Witnesses should be executed in or within 20 Miles of London without special Order from the Court, and this day being appointed by his Lordship for the hearing and setling of the dif­ference, and his Lordship together with the right Honourable the Master of the Rolls being now attended by both parties and their Council Learn­ed on both sides, and the matter being long debated, the Examiners to main­tain their claim to the said Particulars, did produce a Copy of an Ordinance alledged to be made in this Court in 36 Hen. 8. and a Letter written by Mr. Thomas Poule about thirty-years since he being then a Six Clerk of this Court to Mr. Rob [...]nson then one of the [Page 28] Examiners, and likewise produced ano­ther Ordinance of the 5th. Car. Regis, made by the now Master of the Rolls, and by way of President divers Orders made for suppressing and superceding such Commissions executed or endea­voured to be executed in or near London; Differences be­tween the Six Clerks and the Examiners touching Ex­emplifying Ex­aminations, At­tachments of Priviledge and Commissions to examine Wit­nesses within 20 miles of London deba­ted, but not setled; and re­ferred to exa­mination of Presidents. and on the contrary the Six Clerks did now produce by way of President di­vers Commissions, some from the be­ginning of the time of King Hen. 6. and many since from King Henry the 8th's time, which have been executed in and near London without exception, and as was alledged returned into their Offices, and there copied, kept and filed, and justified their Exemplifying of Examinations taken in Court as pro­perly belonging to them only, none but them alone as they pretend having authority to write such Writs as afore­said unto the Great Seal: And as for the said Ordinance pretended to be made in 36 Hen. 8. Mr. Attorney General of Council with the Six Clerks alledged that the same Ordinances make not a­gainst the Six Clerks, nor do they limit any certain distance of place from this Court for Execution of Commissions, nor are they binding; besides the said Ordinances are not authentical, but conceived by the Six Clerks to be su­spitious [Page 29] and entred into the Book of 36 Hen. 8. of late time by one Bayliff without Warrant in a torn Leaf in the very last Page of that Book, and that they seemed to be of a much newer hand-writing than the rest of the Book. Whereupon his Lordship declared that it is material to find out the Authority of the said Ordinances, and when and by whom the same was entred in the Register, whether of late time by the said Bayliff, as is pretended by the Six Clerks or no, which if they were so lately entred, the same are fit to be ex­punged out of the Register, and there­fore his Lordship doth Order, That the Master of the Rolls be attended by both parties herein, who is desired to Examine and find out the truth thereof, and upon his Honours Certifi­cate further Directions shall be given therein: And as for the several Orders and Presidents produced by each party as aforesaid, forasmuch as neither party had seen the others Presidents, nor knew not upon what either side would insist, so that the parties were not at present pro­vided to give answer whereupon his Lordship might ground a resolution; It is ordered that each party shall permit and suffer each other to have a sight of the Orders and Presidents produced by [Page 30] either party, unto which either side may take what Exceptions they think fit, and in case it shall fall out to be neces­sary for any to be examined upon Oath for clearing of any doubt, his Lordship upon knowledg, and consi­dering the necessity thereof will give further order therein. And thereupon and upon a further hearing thereof his Lordship will finally determine and set­tle the differences between the said Officers.

Concerning Hearing of Causes.

Ordo Curiae.

WHereas by reason of the late In­fection, the Causes appointed and set down for Michaelmas Term could not then be heard, his Lordship taking the same into consideration, and desiring to give as much Expedition to those Causes as the season will permit, and his Lordship shall be able; hath thought fit, and doth hereby order, that the Causes formerly set down in Mi­chaelmas Term shall now according to their then Order,Speeding of Causes because of the Rema­nets during the Plague. and in their due pla­ces continue ranked for Hillary Term. And whereas there were only four Cau­ses [Page 31] appointed for every day, his Lord­ship doth propose (God willing) though it may prove the more labour and trou­ble unto his Lordship, to hear Six Cau­ses; to which purpose his Lordship doth also order that six Causes of those al­ready set down be set down for every day, and that the Register enter this Order, and make a Book of Causes ac­cordingly, and give notice to the Six Clerks, and their Clerks, that they or their Clients if they intend to have their Causes heard, do sue out and serve Pro­cess ad Audiendum Judicium, as is accu­stomed in the like case against the days now appointed. And for such Causes as shall remain unset down, his Lordship doth propose, God willing, to set down those in the first place for Easter Term next.

Priviledge allowed to a Clerk that stood suspended.

Ordo Curiae.

WHereas George Mynn, Esq; Clerk of the Hannaper in the High Court of Chancery, by Sentence and Decree in the High Court of Star-Chamber was, and yet standeth suspen­ded from the Execution of the said Of­fice: [Page 32] Now forasmuch as it hath been certified to the Right Honourable the Lord Keeper by the Right Honourable the Lord Cottington Chancellor of the Exchequer, and Master of the Court of Wards and Liveries, that it is his Ma­jesties Gracious Pleasure, that the said George Mynn notwithstanding the said Sentence and Suspension aforesaid shall have and receive the benefit of his Pri­viledge in the said High Court of Chan­cery in as full and ample manner as he had enjoyed the same before the said Sentence of Suspension,Clerk of the Hanaper tho' suspended from the Execution of his Office, yet allowed his Priviledge. as by the said Certificate under the hand of the Lord Cottington, filed with the Register of this Court appeareth; and forasmuch as the said George Mynn though su­spended as aforesaid, is and remaineth still an Officer of this Court: It is there­fore Ordered by the Right Honoura­ble the Lord Keeper that the Officers, Clerks and Ministers of the said Court of Chancery, do from henceforth take notice of his Majesties Gracious Plea­sure, and do permit and suffer the said George Mynn to have, take and sue forth the Process and Writs of the said Court of Chancery, and to have and enjoy his Priviledges and Preheminence of the said Court in such ample manner as the said George Mynn had (and of [Page 33] right ought to have had before the said Sentence of Suspension, and in such sort as they themselves the said Officers, Clerks and Ministers of Chancery, or any of them, do now hold and enjoy the same.

Fees of the Affidavit Office.

Ordo Curiae.

WHereas William Robinson, and John Robinson Registers of Affidavits in this Honourable Court have been Suitors to have the Fees be­longing to them in respect of the said Office of Affidavits reduced into a Ta­ble to be Signed and hung up in the Affidavit-office, alledging that such a Table was heretofore made and Sign­ed by the late Lord Chancellor Eles­more, and Sir Julius Caesar, Knight, late Master of the Rolls, but the same Table hath been missing for divers years past; and albeit by special directi­on of this Court diligent search and en­quiry hath been made for the finding out the said Table for the space of a year and more last past, yet the same can in no wise be found or produced: Whereupon by further Order and dire­ction [Page 34] of this Court Interrogatories have been exhibited, and divers ancient Clerks and Practicers of this Court have been examined to discover and find out the due Fees belonging to the said Office, and contained in the said Table of Fees, Signed and subscribed by the said late Lord Chancellor and Master of the Rolls, which Depositions the right Honourable Thomas Lord Coventry Lord Keeper, &c. and Sir Dudley Diggs, Knight, Master of the Rolls, having seriously perused and ad­vised of, and well weighing how need­ful it is that the Fees of the said Office should be certainly known, as well that the Subject may know what to pay, as the Officer be directed what he ought to receive or take: It is therefore this present day by the said Lord Keeper, with the advice and assistance of the said now Master of the Rolls, Order­ed, declared, and decreed, that the Fees hereafter mentioned, are the due Fees belonging to the said Office, and so shall be esteemed and taken hereafter; and the Register and Registers of Affi­davits of this Court for the time being, and their Deputy and Deputies succes­sively from henceforth shall and may receive and take the several Fees here­after mentioned, and none other, that [Page 35] is to say for Filing every Affidavit 4 d. for Registring of every Affidavit 4 d. the side,Table of Fees of the affida­vit Office for Filing, Regi­string, Copy­ing, Signing. and cer [...]i [...]ying any Affidavit. for the Copy of every Affida­vit 4 d. the side, for the Register or his Deputies hand to every Copy o [...] an Affidavit 12 d. for every Certificate with the Registers hand or his Deputies hand to it 12 d. And it is Ordered that a Table of the particular Fees be­fore expressed shall be fairly written and Signed by the said Lord Keeper and Master of the Rolls, and then hung up in the said Office, to the end that all Suitors may certainly know what they ought to pay for the Filing, Registring, Copying, Signing or certi [...]ying of any Affidavit. Provided always, that if the said Table subscribed by the said late Lord Chancellor, and the then Master of the Rolls, shall be hereafter found; and if thereby, or by any other due proof it shall be made appear that the Fees allowed by the late Lord Chan­cellor, and Master of the Rolls, did in any thing vary from the Fees thereby allowed, then this Court will take such further consideration and order for re­ducing the Fees herein limited to the former rule or proportion as shall be meet.

Division of business of the Six Clerks Of­fice according to the Letters of the Alphabet.

Ordo Curiae.

WHereas the Six Clerks of this Court according to the power and liberty by the Kings Majesty in that behalf given to them,Vide infra 25. Jan. 63. & per 1 Feb. 68. that Order repealed. have with the allowance and approbation of the Right Honourable the Lord Keeper di­vided and disposed the Pleadings and Businesses of their several Offices accor­ding to the Letters of the Alphabet, and in that manner do now exercise and continue the doing thereof which allowance and approbation was only temporary until upon trial the Conve­nience or Inconvenience should appear therein. And now lately some com­plaints having been made by the Under-Clerks touching the said course which the Lord Keeper and Master of the Rolls do intend to take into their con­sideration with all possible speed. And whereas by the Death of Mr. Cesar, lately one of the said Six Clerks, and in that no other Six Clerk is yet sworn or admitted into his place, the business of the said Office may suffer much by [Page 37] delay and want of oversight thereof during the Vacancy of an Officer in the said place,Division of the Pleadings, and several busines­ses of the Six Clerks Office, according to the Letters of of the Alpha­bet, but a Tem­porary and probationary custom, yet du­ring the Va­cancy of a Six Clerk allowed to one who was appointed by the Court so to do. his Lordship and the Ma­ster of the Rolls being informed there­of, and taking the same into their Con­sideration, and having care to prevent delay to the Client in his ordinary proceedings, and for the better further­ance and dispatch of the business of the said Office, have thought fit, and do hereby order and appoint without pre­judice to any thing which may be said for or against the said Division by Alphabet, that for and during the Va­cancy of a sworn Officer in Mr. Ce­sar's said place, Francis Heath who was Deputy under Mr. Caesar when he lived, and is still a Clerk in the said Of­fice, shall and may in and for the said Office, and according to the Division aforesaid, Sign and File all Bills, An­swers and other Pleadings, and Sign all Copies, Decrees and Dismissions, and Certificates, and in his own name during the said Vacancy, shall give, receive and enter all kind of usual Rules and Bills of Costs, and pass all Writs and regular Orders, and dispatch all other business and proceedings which shall happen or ought to be done within or for the said Office ac­cording to the Division aforesaid, and [Page 38] receive the due Fees for the same seve­ral services in such manner and form as the said Master Caesar himself should, might or ought to have done if he had lived, and that all such business and proceedings being by the said Francis Heath so done and expedited as afore­said, shall stand and be firm to all in­tents and purposes, as if the same had been done by Mr. Caesar himself living, or by any Officer sworn in his said place since his decease: Provided that this Temporary and Provisional Order be not in any thing prejudicial to any benefit profit or power of the Mr. of the Rolls, but be used only for the necessa­ry dispatch of the Subjects business un­til a more setled course may be taken therein.

Touching Examination of Witnesses.

Ordo Curiae.

WHereas in this cause some Que­stions did arise touching the cou [...]se of the Court; whether any new [Page 39] Interrogatories might be exhibited to new Witnesses in Court after a joint Commission executed in the Cause; and the Master of the Rolls having heard what the Six Clerks and Examiners could say touching the same. And the Six Clerks affirming that by the course of the Court no new Interrogatories may be exhibited in Court after a joint Commission executed in the Country. And the Examiners averring that it hath always been the constant course of the Court, that new Interrogatories may be exhibited in course for the Ex­amination of any new Witnesses, as often as the Client had occasion till publication, what Commissions so ever there had been in the cause, and that the Right Honourable the Lord Kee­per had so declared himself at the pub­lishing of the late Ordinances when this very point was urged by the Six Clerks;New Interroga­tories may be exhibited into Court for Exa­mination of new Witnesses at any time before publica­tion, tho there have been joint Commissions in the cause. the Master of the Rolls did this day declare in Court that he hath pe­rused the Orders of this Court, and the late Ordinances made by the Right Ho­nourable the Lord Keeper, and doth not find any thing therein to restrain the Exhibition of new Interrogatories into Court at any time before publicati­on for examination of new Witnesses. And that he having had conference with [Page 40] the L. Keeper for his opinion therein, his Lordship was clear of opinion that new Interrogatories may be exhibited into Court for Examination of new Witnesses at any time before publication, although there have been joint Commissions for­merly executed in the Cause, and there­fore this Court doth now declare the same to be the course of the Court here­in, and doth order that the Order of reference to Sir John Mitchill for sup­pressing such Depositions taken in this Cause be discharged, and a Vacat entred thereupon.

Concerning the Clerks of the Inrollments.

Ordo Curiae.

WHereas by the Letters-Patents of Incorporation of the Clerks of Inrollments 16 Eliz. it was ordained for the prevention of many abuses that one of those Clerks, or at least one of their Deputies should always attend the acknowledging, vacating or cancelling of all Deeds and Recognizances, which as appeareth by the Rules of the Court succeeding Chancellors have ordered, [Page 41] as also that all Deeds and Recognizances should within few days after the ac­knowledgment be Inrolled and duly brought over to the Chappel of the Rolls; forasmuch as after many Com­mandments and Intimations given by me for the performance thereof, there is yet continually so great a neglect that no Clerk of the Inrollments, nor any of their Deputies do at any time attend that service; I have thought fit to order,Clerks of the Inrollments, or their Deputies to attend their Office, and that Deeds and Re­cognizances be Inrolled within few days after the acknow­ledgment. and do hereby order and require the Clerks of Inrollments to reform this Error, and either cause their Depu­ties to wait more diligently, or else to change them according to the power given them by those Letters-Patents; and because the Records which here­tofore were duly brought over to the Chappel of the Rolls once in six Months, are now divers years detained in the hands of Under-clerks, I do Or­der and require the Clerks of the In­rollments immediately to take order that all the Inrollments of 11 & 12 Car. or before be brought this ensuing long Vacation into the Chappel of the Rolls according to the ancient manner there to be Filed and Calendred for the ser­vice of his Majesty, and the use of his Subjects.

Concerning Transferring of Records.

Ordo Curiae.

THE Master of the Rolls in the Examination of a Cause depen­ding in this Court betwixt Matthew Brookesby Esq; Plantiff, and Tho. Ma­son Clerk, and others Defendants, ha­ving discovered some irregularities in the transferring of Records from one Attorney to another in the Six Clerks Office by the Under-clerks, whereby divers inconveniencies and prejudices have and may hereafter come to the Client by miscarrying of the said Re­cords; and finding howsoever the same is now practised and permitted by the Six Clerks, who when a Pleading is Fi­led with one of them do many times intrust the Under-clerk, who is towards that Cause with the delivery thereof to the Attorney of the other side: Where­as by the ancient course and practise, the Attorney with whom the said Re­cord is once Filed, ought with his own hands, or by the hands of his Filing Clerk to deliver the said Record to the hands of the Attorney of the other side, or his Filing-Clerk without trusting [Page 43] any other therewith, whereof the Ma­ster of the Rolls having certified the Right Honourable the Lord Keeper, wishing a reformation might be had thereof, his Lordship having taken the same into his grave consideration, for the preventing and avoiding of any far­ther prejudice or mischief that may at any time hereafter come unto the Client by such Errors or miscarriages as afore­said, doth think fit, and so order, that from henceforth the Attorney of this Court upon the Filing of any Plea­dings or Record with them,The Attorney of this Court upon the Filing of any plea­dings or Re­cords with him shall by himself or his Deputy transfer the same to the At­torny of the o­ther side. shall by himself or his Deputy transfer and de­liver the same Pleadings or Record to the Attorney of the other side or his Deputy without trusting any other Clerk to do the same, and to the end that those Errors and inconveniences may be prevented and avoided for the future, which do and may arise by reason sometimes more Records and Pleadings are entred in the Attorneys Filing-Book, than in the Tituling Book of the same Attorney: It is thought fit,Every Six Clerk after the end of every Term shall ex­amine their Tituling Book by the Filing-Book. and so ordered by his Lordship, that every of the Six Clerks or their De­puties shall from henceforth after the end of every Term, and before the beginning of the then next Term, exa­min and compare the Tituling-Book by [Page 44] them kept, and the Filing-Book kept for the same Office, the one with the other, and certifie the Errors and supply the defects and omissions which they shall find therein, that both may be made perfect and agreeable the one with the other.

Concerning Fees.

Ordo Curiae.

IT is his Majesties pleasure that the Judges of all his Majesties Courts at Westminster, Juries in all the Courts to en­quire the Fees of the Courts. that have occasion to Impannel Juries of the Officers and Clerks of the same Courts to enquire of matters concerning the same Courts shall Impannel such Juries this Term, and enquire what Fees have been usu­ally taken in such of his Majesties Courts of Justice by the several Officers of the same Courts for the space of thirty years last past, upon Certificate whereof his Majesty will take such course for the setling of those Fees in the said several Courts as to his Wisdom shall seem meet; and the Lord Keeper is not only to per­form this his Majesties pleasure in the Court of Chancery, but to signifie the s [...]me his Majesties pleasure to the Judges [Page 45] of the other Courts that they may per­form the same this Term.

Concerning Subpaena's.

Ordo Curiae.

THe Right Honourable the L. Kee­per taking notice that Subpaena's retornable immediate have been late­ly granted upon Petition by the Master [Page 46] of the Rolls, which is a thing proper to be granted by his Lordship,No Clerk shall take out any S [...]bpaena retorn. immediate without Order of the Lord Keeper. and not otherwise. It is ordered that all the Clerks of this Court do hereby take no­tice that from henceforth they may not take forth any Subpaena retorn. imme­diate without the special command of the Lord Keeper.

Concerning Subpaena's ad audiendum Judicium.

Ordo Curiae.

WHereas several Lord Keepers of the Great Seal of England having been informed of sundry abu­ses in the untimely and disorderly set­ting down of Causes for hearing in this Court,Vide supra, 1. Order con­firmed, fol. 1. and the obtaining of Subpaena's ad audiendum Judicium thereupon, whereby ancient Causes have been kept back from hearing, and other Causes thrust in, to the prejudice of other Clients, and scandal to the Court, the Six Clerks towards the Cause never being made acquainted therewith, for Reformation whereof their Lordships upon sundry Complaints to them made, have by several Orders of the 18th. of Feb. 19 Jacob. Regis, the 28th. May, 21 Jac. and the 30th. June 1th Car. [Page 47] now perused by the Right Honourable the Lord Keeper that now is, Ordered and required that hereafter it should be carefully observed that no Subpaena 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 in the Cause,No Subpaena ad audiend' Jud' before the Clerk have a written Note under the hand of the Six Clerk and Re­gister to war­rant the same. and under the hand of the Re­gister, and in their absence under the hand of their sufficient known Depu­ties to warrant the same; and that if any such Clerk should presume to of­fend therein, then the said Clerk so of­fending was to stand committed for such his contempt. Now forasmuch as the Right Honourable the now Lord Keeper was this day informed by the Six Clerks of this Court that of late times the said Order hath been negle­cted, and divers Subpaena's have been made without any such Note from them or their Deputies in contempt of the said Order: Whereupon his Lordship minding, as his Predecessors have done, to have the said Order put in Executi­on in all points, and the penalty afore­said to be inflicted upon the offenders; Doth now Order, that the Clerks of the Subpaena-Office having notice hereof, shall at their peril, and under the pe­nalty [Page 48] aforesaid, observe and perform the aforesaid recited Order, without putting the said Six Clerks to make further Complaints to his Lordship for breach thereof.

At the Rolls, Master of the Rolls Sir Edward Low. Concerning Decrees made with the As­sistance of the Judges.

Ordo Curiae.

IT is ordered that all Injunctions, Decrees and Dismissions hereafter to be granted or made by any of the Judges sitting in Chancery,Injunctions, De­crees, and Dis­missions made by any of the Judges sitting in Chancery, to be Signed by them. shall be first Signed by them, or such of them as shall grant or make the same, before the Order, whereby the same shall be so granted or made, shall be entred in the Register; whereof all the Six Clerks and other Clerks of this Court are to take notice, and carefully to observe the same, and to enter the Orders be­fore the same be Signed by the Com­missioners.

Concerning Petitions▪ The Earl of Manchester Speaker.

Ordo Curiae.

THE Right Honourable the Com­missioners for the Custody of the Great Seal of England taking into con­sideration the many complaints that have been made of divers Process of this Court, and other proceedings therein grounded upon Petitions Signed by their Honours, or by the Master of the Rolls, without Filing such Petiti­ons with the Register, and entring Or­ders thereupon, whereby divers per­sons have been put to trouble and charge unwarrantably, and the said Petitions and the Process and Procee­dings thereupon have been discharged for want of entring Orders upon the said Petitions, and Filing them as they ought to be, to the end the same may be and remain as a Warrant for such Process and Proceedings where the Suitors may expect to find the same, by which undue courses the Suitors have lost the benefit of such Petitions, and the Process and Proceedings there­upon, [Page 50] their Honours do therefore or­der and command all Officers and Clerks of this Gourt for the prevention of the like prejudice and loss to the Suitors for the future, that no Officer or Clerk of this Court shall from hence­forth make or issue forth any Subpaena's Attachments,No Subpaena, Attachment, or other Process of this Court shall issue out upon any Petiton un­till such Petiti­on shall be first Filed with the Register, and an Order en­tred there­upon. or other Process of this Court, nor proceed or admit of any Proceedings in any Cause depending in this Court upon such Petitions so Signed by their Honours, or by the Master of the Rolls, until such Petition shall be first Filed with the Register, and an Order drawn and entred there­upon, to the end the Suitor may know whither to resort to see the Warrant for such Process and Proceedings: And their Honours do declare and Order that all such Subpaena's, Process and Procee­dings, as shall at any time hereafter issue and be had upon such Petition, being not Filed, nor any Order entred thereupon, shall be null and void as irregular and undue, and shall not bind the adverse party, whereof the Offi­cers and Clerks of this Court are to take notice at their peril.

Two Persons committed to the Fleet for Imbezelling the Records of the Court.

Ordo Curiae.

WHereas the Honourable the Ma­ster of the Rolls,For commit­ting to the Fleet two per­sons that imbe­zelled the Re­cords of the Court. having been informed of a great abuse and misde­meanor committed by William Newdi­gate and Robert Gold in taking out of the Six Clerks Office divers Decrees and Records of the Court, and dispo­sing them to other uses, and his Ho­nour having Examined the matter, and finding the said persons guilty of the said Crimes: It is Ordered that the said William Newdigate and Robert Gold, do stand committed to the Prison of the Fleet until further Order shall be taken. This Court intending to inflict Exemplary punishment upon them, as the nature of such offence doth de­serve.

FOrasmuch as by undue Procee­dings and abuses, especially of the under Clerks serving in the Offices of the Six Clerks who are the only and proper Attorneys in the High Court of Chancery, the Ancient Rules and setled Government of this Court are disturbed and perverted, to the Dishonour of this Ancient and Ho­nourable Court: For the more speedy redress of which Enormities, and to prevent the like for the future, until the Committee appointed by Parlia­ment for the Regulating the Procee­dings in Chancery, shall take further care thereof: This Court upon due [Page 53] and mature consideration had, hath thought fit to publish and declare, and do hereby publish, declare and order to the end that all disorders already crept into the Office of Six Clerks in this Court may be reformed, and for prevention of abuses for time to come, in the practice and proceedings of and in the said Office of the Six Clerks.

1. Paper-Copies in Chancery to contain fifteen Lines in every sheet, and to be Sign­ed by the Six Clerk before they are deli­vered out of the Office.That all Copies in Chancery writ­ten in Paper, shall contain 15 Lines at the least in every sheet thereof writ­ten orderly and unwastefully, all which Copies before they shall be delivered out of the Six Clerks Office shall be Signed with the name of the Six Clerk to whom they do belong of his proper hand-writing, or in his absence by his Deputy by him to be appointed, for whom he will answer, and if any Co­py shall be delivered out of the Clerks Office not so Signed as aforesaid, the same shall not be made use of in Court, or by any Master or Sollicitor.

2. No Subpaena ad Audiend' judi­cium to be su­ed forth but by Note in writing under the Six Clerks hand. No Subpaena ad audiendum Judi­cium shall henceforth be made or sued forth but by Note in Writing of the Six Clerks hand, as shall be the parties Attorney in the Cause, or such his De­puty as aforesaid in his absence for War­ranting the same, for which Note on­ly no new Fee shall be taken.

3. Replication to be first entered and Filed be­fore a Subpaena ad Rejungen­dum shall issue out.No fruit shall be taken of any Sub­paena ad rejungendum, unless there be a replication first entred with and Filed by the Plaintiffs Six Clerk in the Cause according to the course of the Court, before the issuing out of the said Sub­paena, or at least before the return thereof; and the parties upon whom such Subpaena shall be served, finding no Replication so Filed before the re­turn thereof, shall have the ordinary Costs taxed.

4. Register not to enter any com­mon Rule or Attachment, but by War­rant under the Six Clerks hand.The Register of the Court shall not enter in his Office any common Rule or Attachment, which issues from the Six Clerks Office, but by a Note or Warrant under the Six Clerks own hand that is Attorney in the Cause, or such his Deputy as aforesaid. And the Six Clerks are carefully to see that all Common Rules and Attachments be from henceforth duly entred in the House-Book, and with the Register ac­cording to the ancient course of the Court,All common Rules and At­tachments to be duly enter­ed into the House-Book, and with the Register. and no under Clerk in the said Office shall enter any Rule either in the House-Book, or the Register, until the same be first entred with the Six Clerk to whom the said Rule is pro­per to be given.

5. No Bill, Answer or Pleadings shall be Copi­ed till they be duly filled. No Bill, Answer, or other Pleadings shall be Copied before they be duly Fi­led, and the hands of the Six Clerk to­wards the Cause, or in his absence such his Deputy as aforesaid thereunto put; nor any Depositions or Answers taken by Commission to be opened or Copi­ed till they be truly returned and de­livered to the Six Clerk himself out of whose Office the Commission issued,No Deposition or Answer ta­ken by Com­mission to be opened or Co­pied till they be truly retor­ned to the Six Clerk. or in his absence to such his Deputy as aforesaid, and until the Publication be duly passed in the Cause as hath been anciently used.

6. No Bills, Privy Seal, Commis­sion, Decrees, Dismission, In­junctions or Re­cord to be car­ried to be In­grost, Inrolled, Copied, &c. by the under-Clerks at their Chambers, and so soon as they are Ingrossed, Copied, or In­rolled, then he shall bring the Original Bill to the Six Clerk. No Bill, Privy Seals, Commis­sions, Warrants, or other Plea­dings, Commission, Decrees, Dismis­sions, Injunctions or Records whatso­ever shall from henceforth be carried to be Engrost, Enrolled, Copied, or otherwise used by any of the under Clerks to their Chambers, or else where out of the Six Clerks Office or Lodgings there, and when, and so soon as any Clerk shall have Ingrossed, Inrolled, Copied, or used any such Warrants, Pleadings, Commissions, Decrees, Dismission, or other Record in the said Office, he shall bring the Original thereof presently back to his Master, or to such of the Six Clerks to whom the custody of the same doth [Page 56] or shall belong, for the more safe keep­ing or disposing thereof:Within one Term any cause shall be deter­mined by De­cree or Dismis­sion, the same be delivered to the Six Clerk. And it is fur­ther ordered, that within one Term after any Cause shall be determined by Decree or Dismission, every Clerk that shall have any Decree or Dismission, or that shall have any other Record of or touching the Cause in his custody, shall deliver the same to that Six Clerk to whom it shall belong to keep the same, or to such his Deputy as aforesaid, ac­cording to the Ancient Usage.

7. No Decree, Dis­mission, Injun­ction, &c. shall be presented by the Register to be Signed with­out the Six Clerks hand Subscribed.No Decree, Dismission, Injunction, or other Writ, shall be presented by the Register of this Court, his Deputy, or any other, to the Lord Chancellor, or Keeper, or other Commissioners for the keeping of the Great Seal, or Ma­ster of the Rolls for the time being, to be Signed without the proper hand of the Six Clerk in the Cause, or such his Deputy as aforesaid in his absence first Subscribed thereunto.

8. In all Joint Commissions the Commissi­ers Names shall be enterd in a Book for that purpose to be kept by the Six Clerk.That in all Joint Commissions to take Answers, examine Witnesses, prove Contempts, and other special Commissi­on directed by the Court, the Name of the Commissioners agreed on shall be entred in a Book for that purpose to be kept by the Six Clerk himself who hath the carriage of the Commission, and Subscribed unto by each Six Clerk in [Page 57] the Cause, or in their absence by such their several respective Deputy or Depu­ties, whereby no alteration may be had of the Commissioners Names agreed on, but by Order, and that the under Clerk presume not to agree upon the Commissioners Names after any other manner.

Lastly, It is Ordered that these Or­ders be fairly written in several Tables, and hung up in the Office, every Term, in the Court, to the end that all Counsellers, Clients, Clerks, and Solli­citors, may the better take notice of them to observe them, and that they be likewise entred with the Register of this Court.

Filing of Affidavits.

Ordo Curiae.

WHereas Mr. Attorney General did this day move on the behalf of Sheffield Stubbs Register of the Affida­vits of this Court, and produced seve­ral General Orders made by this Court, concerning the Filing of Affidavits, con­trary to which Orders there have been several abuses committed in not Filing of Affidavits, and therefore was pray­ed that a General Order might be made for the redress thereof: It is Ordered that their Lordships be attended herein and put in mind thereof when other General Orders are made, and then such Order shall be made as shall be fit.

Concerning Injunctions.

Ordo Curiae.

WHereas heretofore the course of the High Court of Chancery hath been, when the Defendant or De­f [...]ndants pray a Dedimus Potestatem, to answer in the Country upon motion made by the Plaintiff, the Court did [Page 59] grant an Injunction to stay Suits at Law, which motion many times was hard to be obtained, and chargeable to the Client; this Court for a remedy of the said inconveniency, and for the ease of the Client doth order and de­clare, that for the future whensoever the Defendant or Defendants shall pray a Dedimus Potestatem to take their Answer, Plea, or Demurrer in the Country that the Plaintiff, Six Clerk,Writ of Injun­ction of course upon a Dedim' Pot' to take Answer, Plea, or Demurrer with­out motion by the Plaintiff. or such his under Clerk as he shall ap­point, shall without motion made to the Court, prepare and draw a Docquet and Writ of Injunction of course, unto which Docquet it is ordered by the Court that the Six Clerks that are At­tornies in the Cause, or their respe­ctive Deputies, shall subscribe their Names, and in which Writ the Cause of granting the said Injunction is to be exprest in the usual form; which Doc­quet and Writ being so prepared shall be presented to be Signed as formerly. And this Court doth further order, that this Order shall be observed for a con­stant Rule in this Court by the Six Clerks, and their under Clerks, that the Client may have the benefit there­of; and if any Injunction in such case do issue forth in any other manner than [Page 60] as before is exprest, it shall be void and of no effect.

Touching Records.

Ordo Curiae.

IT is this day Ordered by the Ho­nourable the Master of the Rolls, that the Records of this Court untill 5 Car. now remaining with the Six Clerks of this Court in the Office of the said Six Clerk,Records to be transferred over to the Chappel of the Rolls. be tranferred over to the Chappel of the Rolls to be safely kept there according to the usual course, and all the Callender thereun­to belonging, that may be had between this and the beginning of next Term. And it is also Ordered that the Clerks of the Chappel of the Rolls do receive the said Records, and give a Catalogue to the Six Clerks for a receipt of so many of the Records as shall be trans­ferred over to their hands by the time aforesaid.

Concerning Prisoners.

Ordo Curiae.

IT is this day Ordered by the Right Honourable the Lords Commissi­oners for the custody of the Great Seal of England, that such Prisoners now in the Custody of the Warden of the Fleet, Prisoners in the Fleet not worth 5 l. to have their Liberties by Habeas Corpus. who have made Affidavits ac­cording to the late Act of Parliament for Prisoners that are not worth 5 l. shall have their Liberty by their Ha­beas Corpus, upon their own Security to be given to the Warden of the Fleet.

Touching the Six Clerks.

Ordo Curiae.

WHereas only Mr. Hales one of the Six Clerks of this Court gave his Attendance this Morning sitting the Court at the entring into the hear­ing of the Cause wherein Kitchen is Plaintiff against Meredith Defendant,Fine on a Six Clerk for not attending at an Hearing. and the rest of the Six Clerks made de­fault: It is therefore this present day Ordered that such of the Six Clerks who so made default of their attendance [Page 62] and service to this Court at the begin­ning of that Cause, be fined 10 s. a-piece to the Poor, and the Usher of this Court is to receive the same to the use aforesaid.

Pleas and Demurrers.

Ordo Curiae.

THe Right Honourable the Lords Commissioners for the Custody of the Great Seal of England, taking notice of many inconveniences by the entring Demurrers in the Paper, after the same is set up in the Registers Of­fice,Plea and De­murrer to be put into the Pa­per at least two days before the hearing such Plea or Demur­rer, and after such Paper put in the Registers Office, no alte­ration to be made therein. whereby the other Side is many times surprized; do think fit and order, That from henceforth the Registers do not enter any Plea or Demurrer in the Paper, at the instance of any person, or Warrant for setting down the same on any certain day, unless the Suitor shall bring such Order or Warrant to the Register to be so entred, at least two days before the day appointed for hearing such Demurrers or Plea; and that after such Paper made and set up in the Registers Office, no addition or alteration shall be made therein.

The Nobility Answering.

Ordo Parl'.

ORdered upon the Question (Ne­mine Contradicente) That the Nobility of this Kingdom, and Lords of the Upper House of Parliament are of Ancient Right to answer in all Courts, as Defendants,Peers of the Realm to an­swer in all Courts upon Protestation of Honour only. upon protesta­tion of Honour only, and not upon the Common Oath; and that the said Or­der, and this Explanation doth extend to all Answers and Examinations upon Entries in all Causes as well Criminal as Civil, and in all Courts and Commis­sions whatsoever; and also to the per­sons of the Widows and Dowagers of the Temporal PeersSo the Widows and Dowagers of Temporal Peers. of the Land; and that the Lord Keeper of the Great Seal of England, for the time being, or the Speaker of the Lords House, for the time being, do forthwith give notice of it, together with the explanation, to all the Courts of Justice, and the Judges Clerks and Registers of them, by cau­sing our former Order, with this ex­planation, to be recorded in all Courts; and that all Orders, Constitutions, or Customs entred or practised to the [Page 64] contrary whensoever, may be abolished and declared void; and the Lord Keeper of the Great Seal, for the time being, or Commissioners of the Great Seal out of Parliament-time shall see all practice to the contrary hereafter to be punish­ed with exemplary severities, to deter others from the like attempts.

Concerning Examiners.

Ordo Curiae.

UPon motion this day made unto the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England, by Mr. Rich, and Mr. Raven on the behalf of the Examiners of this Court, touching an abuse by some persons of late, often committed in taking out and executing Commissions in and about London, con­trary to the General and Known Rules and Practice of this Court, that no Commission shall be executed in Lon­don, No Commission to be executed in London, or w thin 20 miles thereof. or within twenty miles thereof; and several Orders of Court heretofore made in confirmation thereof; their Lordships do appoint the Examiners to [Page 65] attend them with the Orders and Pre­sidents of the Court in this Case, and they will then be pleased to give such or­der for relief of this abuse as shall be just.

Concerning Motions.

Ordo Curiae.

WHereas heretofore, Thursday in every Week in the Term-time was appointed by the Right Honoura­ble the Lords Commissioners, &c. for the hearing of Motions, and so obser­ved for several Terms together, to the great benefit of the Suitors; but of late the said Custom hath been let fall with­out any Direction or Order from their Lordships, and Causes appointed to be heard every day, except the First and last, through the whole Term. Their Lordships, upon the motion of Mr. Chute, do order that from henceforth,Thursday in every week in the Term-time to be observed for motions on­ly. Thursday in every week in the Term-time (unless when it happens to be the the second of the beginning, or the last day save one of the end of the Term) to be observed for hearing of Motions only, and the Six Clerk, as also the Secretary are to take [Page 66] notice thereof, and not to tender or procure any Cause to be set down for hearing on that day.

An Order made by the Honourable William Lenthall, Esq; Master of the Rolls, for the better ordering and safe-keeping the Records in the Six Clerk Offices.

FOr as much as there have been Complaints lately made to the Honourable the Master of the Rolls of divers Records lost, or so mislaied in the Six Clerks Offices, that they are not to be found; which abuse and other mischiefs, upon enquiry, he finds to grow from the great neglect of due filing of Bills, Answers and other Plead­ings, and carrying them out of the Office to be copied, and lying scattered up and down the Offices in the Under-Clerks Seats. His Honour taking consideration thereof, and for redress for the future doth order and command all the Clerks in the said se­veral Offices, that they forthwith turn over all Bills, Answers and Pleadings which they have in their several cu­stodies, or have delivered out to be co­pied, [Page 67] and which ought to have been turned over and filed before this time, to the end they may be all forthwith filed with the several Six Clerks for their safe custody. And that all the Clerks hereafter be more careful for the filing all Bills, Answers and other Plead­ings in due time, and that no Clerk hereafter presume upon any pretences whatsoever, to Copy any Bill, Answer, or other Pleadings before they be duly filed;Bills, Answers and Pleadings to be duly filed, and no Copies to be taken thereof till they are filed. No Record to be carried out of the Office to be filed. and that the Client who delivers any Bill, Answer, or other Pleading to be so copied before the filing thereof, shall be adjudged equally faulty, as the other Clerk that shall so copy them. And that no Clerk shall deliver any Re­cord to be carried forth of the Offices to be copied. And it is further order­ed, That if hereafter any disobedience by any of the Under-Clerks in that Office shall appear; it is thereby order­ed, That the Six Clerks in whose Office the default shall be found, shall forth­with present such default to the said Master; and if the same be found true, such Clerk or Clerks are hereby disa­bled to sit any more in that Office, as an Under-Clerk, or keep any Desk there, and shall pay the full Damage and Costs that the party grieved, whom it may concern, shall be at by such de­fault: [Page 68] And it is further ordered, That this Order be fixed up forthwith in the Office of the Six Clerks, that every one may take notice thereof. And his Honour doth further charge and com­mand the Six Clerks, that they respe­ctively see these Orders from time to time duly observed, as they will answer the contrary at their perils.

Order of the Master of the Rolls. Thursday the 29th of June, 1654. Concerning Records to be brought into the Chappel of the Rolls.

FOr as much as it appears to me, and also upon several Complaints made to me, and diligent enquiry thereupon, that many inconveniences arise to the people of this Nation, for that you the respective Officers under my charge, do neglect to return and bring into the Chappel of the Rolls, all Inrolments, Inquisitions and Records in your seve­ral charges; These are therefore to will and require you, and every of you, and I do hereby order you the several Clerks, the Clerk of the Inrolments, [Page 69] and the Clerk of the Petty-Bag to bring into the Chappel of the Rolls all such Inrolments, Inquisitions and Re­cords as have been usually brought in­to the Chappel of the Rolls,Clerk of the Inrolments and of the Petty-Bag, Inquisiti­ons and Re­cords to be brought into the Chappel of the Rolls. and are not yet brought, and are now in any of your respective Custodies, together with the several and respective Callen­ders thereof, fairly written and deli­vered to my self, at or before the first day of August 1654. that thereby such use may be made of them, as shall be for the most advantage and ease of the people, and the preservation thereof more immediately under my view: and if any of the said Officers shall neglect their duty herein, such course shall be forthwith taken for their disobedience, by sequestration of their several and re­spective Offices, or otherwise as shall appertain to Justice, and according to former Presidents in like cases. And it is further ordered, That this Order, or a true Copy thereof be forthwith deli­vered to every one of the Officers afore­said whom it may concern: And also that this Order be forthwith fairly written and fixed in every Office, that no excuse may be made for want of no­tice.

Concerning Ideots and Lunaticks.

Ordo Curiae.

IT is this day ordered, That no Or­der, Affidavit or Certificate touch­ing any Ideot, Lunatick, or Non Com­pos Mentis, shall be made use of in this Court, unless the same be filed with Mr. Shadwell the Clerk of the Custo­diesOrder, Affida­vit, or Certifi­cate touching any Ideot, Lu­natick, Non Compos Mentis, to be filed with the Clerk of the Custodies. within the space of five days inclu­sive, next after the several and respe­ctive dates of such Orders, Affidavits, or Certificates.

Order on the behalf of the Masters of Chancery in Ordinary.

WHereas it appears by several Rules and Orders of this Court, made by several Lord Chancellors and Lord Keepers, that the Masters of the Chan­cery Extraordinary have been, and are restrained from the exercising or doing [Page 71] any manner of Act as Masters of Chan­cery within the City of London, or five miles compass thereof;Masters Extra­ordinary not to act as Masters in Chancery in London, or with­in five miles thereof. and the Clerks and Officers of this Court are prohibited to receive or proceed upon any Acts done by the said Masters Ex­traordinary, within the Compass afore­said: Upon consideration whereof had, and upon hearing the Masters of Chan­cery in Ordinary, It is this 9th day of October 1656. ordered by the Right Honourable the Lords Commissioners for the custody of the Great Seal of England, that the said former Rules and Orders of Court do from hence­forth stand revived and continue in force. And to the end the same may be the better observed, it is further or­dered, That from and after the 25th day of December next, all Masters Ex­traordinary, when they certifie any An­swer, Affidavit, Deed or Recognizanc, shall therewith also certifie as well the place where, as the time when the same were sworn or acknowledged; or in default of such Certificate of the place;Masters in Chancery Ex­traordinary to certifie the time and place of ta­king any An­swer, Affidavit, Deed, or Re­cognizance. or in case the same shall be sworn or ac­knowledged within London, or five miles compass thereof, such Affidavit, Answer, Deed or Recognizance shall not be admitted filed or inrolled with­out the special License of the Lords [Page 72] Com­missioners or Master of the Rolls. And that this Order be entred in the Regi­ster of this Court, and Copies there­of set up, and from time to time re­newed and preserved for publick view in the Office of the Chief Register, Chief Clerk of the Petty-Bag, and Clerk of the Inrolments, to the end that the said Master Extraordinary, and the said Clerks, and all Attorneys, and other Officers of this Court may take notice and demean themselves accord­ingly, and not otherwise.

Of Examination of Witnesses.

Order of the Court.

THe Right Honourable the Lords Commissioners for the Custody of the Great Seal of England, taking into their serious Consideration the words of the late Ordinance for regu­lation, touching the Execution of Com­missions, wherein it declared, That af­ter one Commission taken out by the Plaintiff,The Plaintiff may take no more Commissi­ons than one to examin Witnes­ses. and not executed, the Plain­tiff shall be utterly debarred from exa­amining any further Witnesses in his Cause. Their Lordships are clear of Opinion, that notwithstanding the li­teral sense of the said Regulation, the [Page 73] Plaintiff in any Cause depending in this Court, may have liberty to exa­min his Witnesses in Court as he shall see cause.

An Order of the Court, made for pre­venting the abuses arising from ma­king of Copies of Depositions, by Co­pies taken from the Examiner.

FOrasmuch as Complaints have been often made by the Examiners, and several Suitors of this Court, of the great injury and prejudice that hath been done to them by Under-Clerks and Sollicitors, making and writing out Copies from Copies of Depositions delivered by the Examiner out of his Office, and selling the same to the Cli­ent. Upon strict inquiry into, and ex­amination of the aforesaid complaint, it hath appeared to the Right Honourable the Master of the Rolls, as well by Certificates of the Masters of this Court to whom some of the said abuses have been referred; as also by other good proof, that after Copies of the Deposi­ons have been taken from the Exami­ners, the same Copies have been alter­ed in divers places, and material parts [Page 74] of some Depositions quite struck out by the party himself or his Agent, who took the same from the Examiner, and afterwards Copies thereof have been made and given, or sold to the adverse party himself at mean rates, and some­times to his Clerk or Solicitor, who hath delivered them to his Client, and taken the Examiners full Fees for them; and sometimes the Clerk or Solicitor, when he hath had the Copies of De­positions given to him by his Client to breviate or keep for him, hath private­ly written Copies thereof, and hath extended the same to an unreasonable number of sheets more than those ta­ken out of the Examiners Office, and then by combination with the Clerk or Solicitor for the other Side, without the knowledge of the Client who took out the said Copies, or the Examiners, have delivered the said wastfully written Copies to the adverse party, pretend­ing the same are true Copies taken out of the Examiners Office; and have demanded and received of the Client the Examiners Fees for the same, and shared the monies amongst themselves; and do also use divers abuses and practices of like nature, whereby Clients have been ruined in their Causes, the Court wrong­ed in their Judgment, and the Examiner [Page 75] cousened of his due Fees, who hath not only the fruits of his own labour un­justly swallowed up by Clerks and So­licitors for want of the delivery of such second Copies, but doth also incur scandalous imputations, by reason such surreptitious Copies are many times fasly made, out of design to ruin the adverse party, and are generally ill and loosly written, being supposed by the party, who paid for them, and by all others who take notice thereof, to be taken out of the Examiners Office; some of which said abuses and foul pra­ctices have been formerly taken notice of, and much endeavoured to be pre­vented and suppressed by this Honoura­ble Court, by imprisoning the Offen­der, and other ways, as by an Order of this Court, dated the 8th of Febr. 1 Car. and another made between Locksmith Plaintiff against Creswell De­fendant, dated the 16th of May 10 Car. another between Allington Plaintiff, against Dandy Defendant, dated the 5th of July, 13 Car. and divers other Orders appeareth. Therefore the Right Honourable the Master of the Rolls ta­king the Premisses into his considerati­on, doth think fit and order, That if at any time hereafter it shall probably ap­pear to the said Examiners, or either of [Page 76] them,The Examiner may take out Subpaena's against such as shall be suspect­ed to deliver undue Copies of Depositions to the adverse Party or Solici­tor, for the ex­aminations of such Offenders upon Interroga­tories, and against such persons as he conceives are able to prove such abuse. before or after the hearing of any Cause, that any such surreptitious Copy shall be made as aforesaid, the Examiner who findeth himself aggrie­ved, may, if he will, take out Subpe­na's against any two, three or more such persons as he shall suspect to have a hand therein, for examination of such misdores upon Interrogatories in that behalf to be exhibited before the other Examiner, and first allowed of by a Master of this Court touching the point of Fraud and Abuses before mentioned; as also against such persons whom he conceives to be able to prove the said Abuse in case it be denied; and if up­on consideration had of the Answers of the said parties suspected to the said in­terrogatories or proofs,Vide supra An­no Regni Car. 1. primo. it shall appear unto the said Master of this Court who allowed of the Articles, and be by him certified, that the said parties are faulty in all or any of the Abuses before men­tioned, or any of like nature, that then every person so offending, shall for such his misdemeanor be committed to the Pri­son of the Fleet, from whence he shall not be discharged till he hath given satisfa­ction to the Examiner touching the same, provided that if the parties drawn in question shall acquit them­selves upon their Examination, and the [Page 77] Examiner not be able to prove the same, that then the Examiner who called them in by Process, shall pay costs for unjust examination, as the Court shall think fit.

Concerning Filing Bills.

Ordo Curiae.

UPon consideration had by the Right Honourable the Master of the Rolls, of the many inconveni­ences and mischiefs that have and may arise by reason of the not duly filing of the Bills, Answers, and other Proceed­ings in Causes in this Court, and for preventing the same for the future, his Lordship doth order,Certificates to be brought at the hearing, that the Bills and Answers are duly filed, and that the Books are duly signed. That the Parties or their Clerk in Court shall bring a Certificate at the hearing of the Cause, that the Bills and Answers are duly filed with the Six Clerk, and that the Books are duly signed, or else his Lord­ship will not proceed to the hearing of those Causes: And in case default shall be made in bringing in such Certificate, then the party in whose default it is, shall pay very good costs in respect thereof.

Concerning Records.

Ordo Curiae.

WHereas there have been divers complaints made to his Lordship, that the Records in the Six Clerks Of­fice are not duly brought over into the Chappel of the Rolls, as in former times have been used to be done; his Lordship doth hereby order and require, That the Six Clerks do this ensuing Vacation bring over into the Petty Bag Office, all the Patent Rolls, and their Warrants, with their Extracts of 1656. and before; and that the Clerk of the Petty Bag do examin the Extracts with the Rolls, and send the Extracts into the Exchequer, and the Patent Rolls into the Chappel of the Rolls,The Six Clerks to bring into the Petty Bag Office all the Patent Rolls and Extracts, to be examined with the Rolls, and send them into the Exche­quer, and the Patent Rolls into the Chap­pel of the Rolls. with their Warrants, at or before Trinity Term next ensuing; and the Six Clerks do also immediately send into the Chap­pel of the Rolls all the Decree Rolls of 1656. and before, with the Paper Books that are the Warrants for the same, there to be carefully laid up, preserved and callendred for the service of his Highness, and the benefit of the Commonwealth.

Concerning Records.

Ordo Curiae.

WHereas there have been divers Complaints made to his Lord­ship,Vide supra, 30 July 76. 27 June 54. for that the Records now remain­ing in the Inrolment Office are not brought over to the Chappel of the Rolls, as formerly have been used to be done,Records to be brought into the Chappel of the Rolls and examined. his Lordship doth hereby or­der and require, that the Clerk of the Inrolments do bring over into the Chappel of the Rolls, all their Inrol­ments of 1656. and the years before this ensuing Vacation. And his Lord­ship doth order and require the Clerk of the Chappel of the Rolls, that when the Inrolments are brought over, that they do forthwith lay up the same in Presses appointed for that purpose, and do make Calenders and Entries of them, that so they may be ready for the ser­vice of his Highness, and the benefit of the Commonwealth.

Concerning Bills and Costs.

Ordo Curiae.

WHereas upon the motion of Mr. Powell, this present day, made upon an Affidavit then read in Court,Paper Books called, the Bills and Costs to be brought into Court. whereby it appeared, that one Robert Todd doth keep several Paper Books, commonly called the Bills and Costs, wherein he enters many Bills and Costs, without any authority for the same, to the great disturbance in proceedings, and in danger of the Clients Causes, it was therefore prayed, that the said Todd may be ordered to bring in the said Books, and all Bills entred therein by him, and what other publick Books concerning proceedings in Causes he hath, or lately had, to his Lordship within some short time. It is therefore ordered by the Right Honourable the Master of the Rolls, that the said Todd do bring in the said Books, and all other Books concerning proceedings in Causes in this Court, which he had at the time of the making this Order, or any time before, together with the [Page 81] Bills therein entred, to his Lordship up­on Thursday next, whilst he is sitting in his Court in the Chappel of the Rolls, or else to shew good cause to the con­trary, or in default thereof to stand committed to the Prison of the Fleet.

Concerning the Six Clerks.

Order of the Court.

VVHereas upon expiration of the late Ordinance for Re­gulation of the Chancery, there did arise several Questions and Differences between those who had been formerly the Six Clerks in Chancery, and those persons who had, according to the said Ordinance, been sworn Attorneys in Chancery; upon which differences be­tween them,Injunctions to quiet differen­ces between the former Six Clerks and the later, till the meeting of a Parliament. there was much variety and difference upon Opinion, testified by divers Eminent Persons, learned in the Law, under their Hands; and that those differences, at length, proceeded so far, that there arose from thence a great disturbance in the Six Clerks Office, and in the proceedings of the Court, to the prejudice of the Clients there attending their Causes. For pre­vention whereof, and setling the matter for the present till further order, and [Page 82] until a Parliament might be sitting, who could apply the properest and most effectual remedy thereunto, an Order was made, bearing date the 4th of March, 1657. and afterwards (that is to say) on Tuesday the 20th of July, 1658. An Injunction was granted in pursuance of the said Order, and for settlement of the matters aforesaid. And whereas now there is a Parlia­ment sitting, to which the Parties con­cerned, if they think fit, may apply themselves, and unto whom the Lords Keepers of the Great Seal of England do conceive it doth most properly be­long to determine the matter in questi­on between the said Parties. Their Lordships do declare, that the said Or­der and Injunction be from henceforth set aside and determined, and that the Parties be left to apply themselves to the Parliament, or to take such other course as they shall be advised.

Touching filing of Bills.

Order of the Court.

VVHereas by reason of the late differences between the Six Clerks, and their Under-Clerks,Post 86. many disorders and disturbances have risen in the Court of Chancery, by not filing of Bills and other Pleadings with the Six Clerks, according to the ancient Course and Order of this Court, by which means the Clients have been obstructed in their several Suits, and the Court abu­sed, having granted Injunctions with­out Bills duly filed; for the taking away of which disturbances, and for prevention of other inconveniences for the future, it is ordered by the Right Honourable, William Lenthall, Lord Keeper of the Great Seal of England, and Master of the Rolls, That all Bills brought unto the Clerk in the Six Clerks Office since the 4th of February, Bills to be brought in, en­tred and filed with the Six Clerks accord­ing to their se­veral dates. Answers Plead­ings and Re­cords to be en­tred and filed. 1657. which are not entred and filed with the Six Clerks be forthwith brought unto the Six Clerks to be en­tred and filed according to their several dates. And that all Answers, Plead­ings and Records whatsoever shall forth­with be likewise entred and filed with [Page 84] the Six Clerk, and that no Copies or Certificates shall be delivered out of the Office, or used, without the Hand of one of the Six Clerks thereunto set, or in their absence the Hand of one of their respective Deputies. And it is likewise ordered by his Lordship, that all Plead­ings and other Records whatsoever which the Clerks have in their Houses or Chambers, be forthwith brought into the Six Clerks Office, there to remain in their custody, according to the anci­ent and usual course of the Court. And that no Records for the future shall by any Clerk or his Servant be carried out of the Office to be copied, or otherwise used,No Records to be carried out of the Office to be copied. unless to a Master of the Court, or by Order of the Court. And where­as his Lordship hath been informed, that one Robert Todd, an Under-Clerk in the Six Clerks Office,Antea. 80. doth keep Books for entring Bills, Attachments, Rules and Costs to the great distur­bance of the Proceedings in the Office. It is ordered by his Lordship, that the said Todd shall forthwith bring in all the said Books that are in his custody, or have been in his custody since the 4th of February. 1657, unto his Lord­ship, to be disposed of according to the ancient course and custom of the Court.

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, [Page 86] 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.

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 filingAll 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 [Page 87] 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.

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.

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 [Page 89] 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 [Page 90] 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 RefereesThis 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.

Concerning Records.

Order of the Court.

WHereas Nicholas Strode Esq; is duly sworn,Vide ante 5 Car. 1. and admitted one of the Examiners of this Court, and is kept from the Execution of the said Office by one Robert Sheires Esq; who detains the Exhibitants Records and [Page 91] Writings belonging to the said Office, whereby many of the Suitors of the Court are prejudiced and delayed in their Causes. The Right Honourable the Lord Chancellor doth therefore or­der, that the said Mr. Sheires, Records to be delivered to a new Register. at his peril, doth forthwith upon sight hereof, this night deliver the said Records and Writings to the said Mr. Strode.

Concerning Affidavits.

Ordo Curiae.

WHereas the Right Honourable the Lord Chancellor of Eng­land, and Master of the Rolls, have upon due consideration had by their Honours of the present State of the Of­fice of Registring Affidavits in this Ho­nourable Court, and the necessary use thereof for preventing the imbezelling 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 notwithstanding Spe­cial Orders of the Court heretofore made for that purpose, and by directi­ons [Page 92] 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,Vide supra 23. Jan. 27. the good of the Suitor, and the righting of the Officer, to give refor­mation thereunto. It is therefore this present day ordered by their Honours, That all Affidavits of this Court (ex­cept those only which belong to the Supplicavit Office) shall before the same be executed in Court,All Affidavits (except those that belong to the Supplicavit Office) before▪ they be read in Court shall be first filed and registred in the Affidavit Office, and attested by a Copy thereof under the Offi­cers hand▪ or other­wise produced to ground any Order, Writs, Process or Proceedings of Court thereupon be brought into the said Of­fice of Registring Affidavits, and be there filed and registred. And that this Order, both at the Court at West­minster, at the Seals, and at the Rolls by the Officers of this Court, and all others whom the same doth, or may concern, be duly observed and kept at the perils of such, as in contempt of this Honourable Court, shall presume wilfully, or negligently to decline, or not observe the same.Register not to sign any Order granted upon any Affidavit, unless the Affi­davit be first filed and regi­stred. And further it is ordered by their Honours, that neither the Register of this Court, his Clerks or Deputies shall, or do at any time hereafter draw up, sign or set his, or their hand or hands unto any Order [Page 93] whatsoever granted upon any Affidavit, unless the Affidavit be first filed and re­gistred with the Register of the Affida­vits, and attestation brought and shew­ed to the said Register of this Court, his Clerks or Deputies under the hand of the said Register of the said Affidavits, or his Deputy attending in the said Of­fice. And it is further ordered by their Honours, That no Master of this Court shall accept of or take the Oath of any person to an Affidavit, except the same be fair and handsomly writ in one hand, without blotting or interlining: And in case any Affidavit shall escape the said Masters of this Court, and pass so blotted and interlined, under their, or any of their hands, it is further order­ed, That the Register of the Affidavits, or his Deputy shall thereupon refuse the same, and that afterwards no use shall be made thereof in any the proceedings of this Court. And it is further order­ed by their Honours, That all Affida­vits taken, or henceforth to be taken before any Master of the Court, be brought unto the said Register of Affida­vits, or his Deputy for the time being, to be there filed and registred in some due and convenient timeTo be filed and registred in [...]ue and conveni­ent time. after the same be sworn unto, and before use be made thereof in Court, as well to prevent [Page 94] the vexation and trouble of His Ma­jesty's Subjects in coming so often to enquire for such Affidavits before they come into the said Office; as also that the parties against whom the Affidavits be made, may have time by their Coun­cel to inform the Court of any cause of Exception they may have to alledge against the same, and that all the Clerks of the Court, and Solicitors of Causes there, shall by the end of Hillary Term now next following, bring into the said Office all such Original Affi­davits as shall remain in their hands, and cause the same to be there duly filed and registred at their perils. And to the End that none may have any ex­cuse of being ignorant hereof, it is lastly ordered, That this Order, be­ing fairly written, shall be set up in Tables, and so shall remain in the se­veral Offices of the Register, the Six Clerks, and of the said Affidavits.

An Act for ascertaining and establish­ing of the Fees of the Masters of the Chancery in Ordinary.

Priviledge Writs, and Writs in Forma Pauperis.

Ordo Curiae.

WHereas the Right Honourable the Lord High Chancellor of England was this day informed by Mr. Collins, on the behalf of several Offi­cers and Clerks of the Court, that all small Writs which pass the Great Seal for all priviledged persons, and for such as are admitted to sue in this Court in Forma Pauperis; and renewed Writs were, and usually have been by anci­ent course delivered to the person for whom such Writs have been sealed, or to their Clerks, without paying of any Fee therefore, until of late, that one Mr. Hutton, a Clerk or Deputy to the Right Honourable the Lord Newburgh, through whose Office all Writs of that nature do pass, hath refused to deliver the same without paying of Fees for the Seals thereof; his Lordship doth order, that all Writs which shall be Sealed for priviledged persons,Priviledge Writs, and Pauper Writs to be sealed without Fee. and for Suitors to this Court in Forma Pauperis, and renewed Writs, be from hence­forth delivered to the persons, for whom [Page 101] the same shall be Sealed, or to their Clerks, without paying or giving any Fee for the same. And the said Hut­ton is required to observe this Order, and to conform thereunto accordingly.

Touching Inrolments of Patents.

Ordo Curiae.

WHereas upon the Humble Petiti­on of the Six Clerks of His Majesty's High Court of Chancery, on the 29th of April last, preferred to the Right Honourable the Lord High Chancellor of England, shewing, that it having been their ancient and un­doubted Right to inroll the Warrants of all such Leases as pass the Great Seal, which they peaceably and quietly en­joyed, until about the tenth year of the late King, one Baseley, by colour of a Patent to him granted of inrolling the King's Deeds, did prefer several Petiti­ons to the said late King, and to the then Commissioners, for exacted Fees, the Lord Keepers, Coventry, Finch and Littleton, that all such Warrants might be delivered to him to be inroll­ed. But upon hearing the Six Clerks he had no relief, but the Six Clerks [Page 102] and their Predecessors enjoyed their an­cient Rights therein; and in the 11th year of the said late King, the Lord Coventry (upon careful examination thereof, with the concurrent opinion of the then Master of the Rolls, and Sir John Banks then Attorney Gene­ral) did, amongst other of the Six Clerks Rights, certifie the said late King, under his Hand, that it was the Right of the Six Clerks to inroll all Warrants for Parents whatsoever; and that it was the right of the Clerk of Inrolments to inroll all Recognizances, &c. in the Close Rolls, which were made from Subject to Subject, or from the Subject to the King, for the Sub­jects benefit, for the accustomed Fee, and (if the Attorney General, or So­licitor require it) to inroll any Deed or Writing, made to his Majesty, for his own use, without Fee. Whereupon the said late King, in the said 11th year of His Reign confirmed the said Rights (amongst others) to the Six Clerks, and the Clerk of the Inrolments, with an Inhibition to all others to in­termeddle with their said Rights. Ne­vertheless Mr. Kipps (upon a claim by Mr. Hains, by colour of the like Grant to him, as formerly to Baseley) refuseth to deliver such Warrants of [Page 103] Leases, that lately passed the Great Seal, to them, to be inrolled. And therefore they humbly prayed his Lord­ship to order Mr. Kipps to 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 [Page 104] 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 [Page 105] 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.

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.

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, [Page 107] 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.

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 [Page 108] 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 [Page 109] all Proceedings thereupon, and the ma­king and expediting of all Exemplifica­tions, Writs and Copies, of or concern­cerning the same, be divided among the said Six Clerks and their Successors re­spectively, by and according to the Letters of the Alphabet in manner fol­lowing, that is to say, that all Bills, Answers and other Pleadings of Clients in Causes wherein the Plaintiffs, or first Plaintiffs Sirname shall begin with A. B. C. D. F. or Y. and all Proceed­ings thereupon in the said Six Clerks Offices be from henceforth received, filed, bundled and kept by Mr. Pyndar, and Mr. Bluck, or one of them, and their Successors in their Offices respe­ctively, and by no other. And all Bills, Answers and other Pleadings of Clients in Causes wherein the Plaintiffs, or first Plaintiffs Sirname shall begin with E. G. H. J. K. L. M. N. or O. and all Proceedings thereupon in the said Six Clerks Offices be from hence­forth received, filed, bundled and kept by Sir Cyrill Wych and Mr. Wilkinson, or one of them, and their Successors in their Offices respectively, and by no other. And all Bills, Answers and other Pleadings of Clients, in Causes wherein the Plaintiffs, or first Plaintiffs Sirname [Page 110] shall begin with P. Q. R. S. T. V. W. X. or L. and all other proceedings thereupon in the said Six Clerks Offices be from henceforth received, filed, Bund­led and kept by Sir John Marsham and Mr. Longville, or one of them, and their Successors respectively, and by no other, in manner as formerly hath been done by the Six Clerks. And that all Cross Bills, Bills of Revi­ver, and Bills of Review, and all pro­ceedings thereupon be revived, filed, bundled and kept in the same Division of Letters where the former Suit touch­ing the same matter began, and not elsewhere; and all Exemplifications, Writs and Copies, of or concerning the same Bills, Answers, Pleadings and Proceedings thereupon, be made and ex­pedited by them to whom the reviving, filing, bundling and keeping of the Records doth belong, according to the allotments of Letters aforesaid, and by no other. And it is further ordered and ordained, That if at any time here­after there shall happen any difference to arise betwixt any of the Six Clerks touching any of their Under-Clerks, or touching their Clients or their Causes, or touching the filing of any Bill, An­swer or Pleading, or other thing ac­cording [Page 111] to the division of Letters afore­said, or any other matters of their Of­fices, that then the said differences be from time to time examined by the rest of the Six Clerks for the time be­ing, whom such difference (for the pre­sent) shall not concern, who are to de­cide and determine the same, or other­wise to certifie the true state of the Fact, with their Opinion to the Master of the Rolls. And because it is very manifest that these misdemeanours and enormities are gotten into the Office of the Six Clerks by the liberty and li­cense which the inferiour Clerks have of late assumed to themselves, and by their withdrawing their Obedience from, and their dependence upon the Masters of the several Offices in which they write, and by receiving too many Clerks of little or no experience into the several Offices. It is likewise fur­ther ordered and ordained, that every of the Six Clerks shall be limited and stinted to twelve ClerksEvery Six Clerk to be stinted to 12 Under-Clerks. at the most, to serve immediately under him, whereof fix at the least shall be expert in wri­ting the Chancery Letter, and every of those twelve shall take a Corporal Oath before the Master of the Rolls not to imbezil, falsifie, corrupt, raze [Page 112] or deface any Bills, Answers, Plead­ings, Commissions, Depositions, War­rants, Decrees, Dismissions or other Re­cords whatsoever belonging to the High Court of Chancery, and to deli­ver forthwith unto the Six Clerks re­spectively, or his Deputy, unopened, all Commissions and Depositions that shall come to their hands, to be kept safely and secretly by the Six Clerk till publi­cation; and after being copied, forth­with to return them.

Touching Examination of Witnesses.

Ordo Curiae.

WHereas the Masters in Chancery, upon References to them upon Hearings for the ease of the Court in stating of Accounts, and other like mat­ters have of late been armed with Com­missions to Examin Witnesses, and Power to direct Commissions into the County if they saw cause: Whereupon difference hath risen be­tween the said Masters and the Six Clerks and Examiners of this Court about the Right of taking and keeping such After-Examinations, and to whom such Commissions and the Depositions thereby taken, should be returned, kept and copied; And the Right Honoura­ble the Lord High Chancellor of Eng­land being acquainted therewith, was pleased to appoint this present day for hearing all the said parties, and accord­ingly his Lordship being assisted by the Honourable the Master of the Rolls, and having respectively heard the said Masters, Six Clerks and Examiners then present touching the same, decla­red, That such Commissions and Exa­minations [Page 155] ought not to be returned to, or taken, or kept by the said Masters, in re­gard whilst they are in their hands the same are not any Records to ground their Reports, and the Judgment of the Court upon, in case the Cause should afterwards come to hearing upon Ex­ceptions to such Reports, or be other­wise reheard, and that the Client can­not have authentick Copies at any such Hearing, nor exemplifie, or otherwise make use of the same at any Trial at Law, to be directed by this Court or otherwise: And in regard such Exami­nations are in danger to be lost, or not known where to be found upon the death or removal of such Master who keeps the same, and that Clients will be encouraged more frequently to neglect or forbear to make their full proofs, al­though they ought and might do it be­fore publication, purposely to take ad­vantage of such later proofs which may occasion the lengthning out of Causes, to the great charge and delay of the Suitors in this Court. Therefore his Lordship, upon serious consideration of the whole matter, and preventing such inconveniences and irregular proceed­ings as aforesaid, doth think fit and so order, That for the future, all parties concerned do at their perils, as much as [Page 156] in them lies,After publicati­on, Interroga­tories may be exhibited to ex­amin Witnesses. make their full proof before publication passeth in the Cause. But if upon any such reference the Master shall find any particular points or cir­cumstances needful to be proved to ground his Report upon, which are not fully proved, nor could properly be examined to before the hearing of the Cause, he shall then direct the par­ties to draw Interrogataries to such Points or Circumstances only, and ex­amine thereupon in Court by the Exa­miners, if the Witnesses shall be or re­side within ten Miles of London, as by the Rules of the Court they ought to do; but if farther off, and the par­ties desire it, he may direct a Commis­sion into the Country,Or to direct a Comission into the Country. which is to be made out by the Six Clerks; which said Commission, and the Depositions there­by taken, shall be returned unopened to the respective Six Clerk, which ought to have the keeping thereof, and publication to pass according to the course of the Court in such Cases; and all other Examinations in this Court for the future, not taken and kept of Re­cord by the Six Clerk, or Exami­ners as aforesaid, are from hence­forth declared to be void, and shall not be admitted to ground any such Report, or otherwise be made use of [Page 157] in any proceedings in this Court or at Law.

WHereas by an Order made by the Right Honourable Edward, Vide supra 18. July, 1666. Repealed. Earl of Clarendon, late Lord. High Chancellor of England, and the Ho­nourable Master of the Rolls, bearing date the 18th day of July, 1666. It was ordered that all Bills, Answers and other Pleadings thereupon in the Six Clerks Office, and all Exemplifications, Writs and Copies in the Causes, should be filed, made and expedited according to the division and allotment of the Letters of the Alphabet, in the Causes wherein the Plaintiff, or first Plaintiffs Surname began, as therein is mentioned by the respective Six Clerks therein na­med, and their Successors respectively, and by no other; against which seve­ral Complaints have been made to the Lord Keeper by several Suitors, upon exa­mination whereof and Conference with the Master of the Rolls, his Lordship held the said Order unfit to be conti­nued, [Page 158] and further put in Practice; and doth therefore order that the said Or­dinance be from henceforth discharged, and that the Method thereby directed be not from henceforth for the future practised or observed; but all Clients be at liberty to chuse their own Attor­ney,Clients to be at liberty to chuse their own Clerk or Attorney. and that the business of the Court from henceforth be dispatched as for­merly was used before the making of the said Ordinance.

Touching the Usher of the Court.

Ordo Curiae.

WHereas by two several Orders, the one of the 8th and the other of the 10th of April last, made in a Cause wherein John Elliott, Esq; is Plaintiff, and Jane Hicham and others Defendants, upon Complaint of the said Plaintiff against Mr. Joseph Herne, late Usher of this Court,Usher of this Court forfeited his Place for­non-attendance. for the Rea­sons then alledged; it was the said 8th day of April ordered, that the said Mr. Herne should be called in Court three several times that Day, and so three times on three several days successively to attend in Court, according to the [Page 159] duty of his Place: And the said Mr. Herne, being according to the Command and Direction aforesaid, called by the Cryer of this Court three several times upon three several days, and not appearing upon either of them to give his attendance, in order to the execution of his Place as Usher of this Honourable Court; The Right Honourable the Lord Keeper of the Great Seal of England did the said 10th day of April order, that the said several defaults should be recorded in the Petty-Bag, to the end such further Order should be taken as should be just with the said default being accordingly recorded; and the said Mr. Joseph Herne being again this day, by the command of his Lordship, called three several times to give his attendance in this Court as aforesaid, and not appear­ing, his Lordship declared the said Place to be void, and that the same was forfeited for his not attendance, and doth therefore order, that the afore­said several defaults, together with this Order, be also recorded in the Petty-Bag.

Touching Under-Clerks and Fees.

Ordo Curiae.

FOr the better regulating of the Of­fice of Six Clerks, and for setling the differences lately arisen between the Six Clerks, and the Under-Clerks of the said Office in such manner, as that the inconveniences occasioned by the said differences, to the hindrance of the dispatch of the business of this Court may be hereafter avoided, it is this pre­sent 18th day of June, in the 20th Year of the Reign of our Sovereign Lord Charles the Second, &c. by the Right Honourable Sir Orlando Bridg­man, Knight and Baronet, Lord Keeper of the Great Seal of England, and the Honourable Sir Harbottle Grimstone, Baronet, Master of the Rolls, and by the Authority of this High and Honourable Court of Chan­cery, ordered, ordained and decreed, That on or before the 1st day of Novem­ber next ensuing, all the present Under-Clerks of the said Office who now are allowed and admitted to practise, except such only against whom there is just cause of exception in the Judgment of [Page 161] the Honourable the Master of the Rolls, shall be admitted Clerks of this Court, and that as well they the said Under-Clerks so to be admitted, as every other person hereafter to be admitted to the place of an Under-Clerk in the said Office, shall at, or before the time of such his admission, and before his or their entrance upon that Imployment, take this Oath following, (that is to say,)

And that upon the death, or remo­val of any of the said Under-Clerks, so to be admitted and sworn in each re­spective Six Clerks division, no other person or persons shall from, and after the time aforesaid be admitted or sworn an Under-Clerk of the said Office, or be admitted to practise in the place or places of him or them so dying, or be­ing removed until the number shall be reduced to ten Under-Clerks in each respective Six Clerks division, that so the number of the Under-Clerks of the whole Office may be reduced to sixty Clerks and no more,Sixty Under-Clerks in the Office. at which number the said Under-Clerks shall, from and after such reducement be continued, unless this Court shall find it necessary to increase or abridge the same; and when any vacancy shall happen of any the Under-Clerks places, [Page 163] after such reducement as aforesaid, none shall be nominated by the Six Clerks respectively for the place of the said Under-Clerks respectively, unless he and they have been educated and brought up in the said Office,Under-Clerks to be such as are brought up in the Office. and have served seven years at the least as a Clerk under some of the Six Clerks, or Under Clerks, and shall be of honest and civil behaviour, and be otherwise fitly qualified for the said imployment. And it is hereby further ordered, or­dained and decreed, that no person up­on any pretence whatsoever shall be permitted to practise as an Under-Clerk in the said Office, but such only as shall be sworn and admitted as afore­said; and that no Under-Clerk so to be sworn and admitted as aforesaid, shall at any time, on any pretence whatsoever, be deprived, suspended, or in any ways hin­dred in, or from the exercise of his, or their said Imployment, but by Judgment or Order of the Lord Chancellor, Lord Keeper, or Master of the Rolls for the time being only. And that out of the Fees payable by the Clients, the said Under-Clerks respectively so to be sworn and admitted as aforesaid, shall, and may have, receive retain, and keep to their own uses respectively, the se­veral Fees and Allowances hereafter-mentioned, [Page 164] and shall be accountable to the Six Clerks respectively for any bu­siness to be dispached in the said Office, after the rates and proportions only herein after set down, and not other­wise, (that is to say,)

And it is further ordered, ordained and decreed by the Authority aforesaid, That if any of the said Under-Clerks for the time being, after his, or their receit of any of the Fees, and sums of Mony aforesaid, or after his, or their delivery out to his Client, or any on his behalf, any Writs, Commissions, Exemplifications, or other Process, or of any Copies of any Bills, Answers, or other Pleadings made, written or dispatched in the said Office, and shall not faithfully and duly account for, and pay what belongs to every Six Clerk to whom he is accountable, and ought to [Page 671] pay for the same according to the rates and proportions aforesaid, without any wilful delay or concealment: That in such case every Under-Clerk so offend­ing, upon complaint and proof thereof made before the Right Honourable the Lord Chancellor, Lord Keeper, or Master of the Rolls shall over and be­sides such remedy as the Six Clerks have legally for the same, undergo such punishment as the said Lord Chancellor, Lord Keeper, or Master of the Rolls for the time being shall judge meet to stand with Justice, and the nature of his demerit, who will be the more careful to see the said Six Clerks righted there­in, in respect they do by the reason of the more sure and just payment of the residue of their said Fees, abate much of what heretofore they used to receive. And it is also ordered, ordained and decreed by the Authority aforesaid, That from henceforth no Commission, Writ or process usually made or dis­patched in the said Office, shall from henceforth be put to the Seal, nor any Copies of any Pleadings, Commissions, Depositions, Certificates or other Re­cords usually dispatched in the said Of­fice,No Commissi­on, Writ or Pro­cess shall be put to the Seal, nor any Copies of Pleadings, Commissions, Depositions, Certificates, &c. to be delivered out of the Of­fice, until they be first signed by the Six Clerks, &c. shall be delivered out of the said Office to any Client, until the said Commissions, Writs, Process and Co­pies [Page 168] respectively, shall be first signed by the Six Clerks, to whom the same doth, or shall properly belong to his Deputy, or in his, or their absence by some other of the Six Clerks, not towards the Cause.

And that all Commissions whereby any Depositions are taken and returned, which belong to the Six Clerks to re­ceive, shall immediately upon the bring­ing in, or return thereof into Court, be delivered to the Six Clerk, to whom the same doth properly belong, or his Deputy, to be safely and securely kept, till publication be duly passed, and not to be from henceforth in any wise kept back or broken open by any of the Un­der-Clerks, or other person, till pub­lication thereof shall be passed, as afore­said; for which end and purpose each Six Clerk is hereby injoyned to have one or more Deputy or Deputies, to be constantly resident and attendant in the said OfficeThe Six Clerk to have one or more Deputies to be constantly attendant in the Office. in the absence of the said Six Clerks, for signing of Writs, Co­pies, and receiving Commissions as afore­said. And it is further ordered and de­creed, That all Rules whatsoever shall from time to time be duly entred in the Common Book, commonly called the House-Book;All Rules to be duly entred in­to the House-Book, and no­tice thereof to be given to the Under-Clerk of the other Side. and that upon entring of such Rules, notice shall from time to time be given to the Under-Clerk on [Page 169] the other Side, that is towards the Cause, to the end the Client may not be sur­prized thereby.

And that upon the delivery out of any Copy, the Clerk who copied and delivered the same, shall bring back and deliver the Record to the Six Clerk, from whom he received the same, to the end the same may be filed and bundled with the rest of the Records, in the same Cause; and that all Bills, Answers, Replications, Rejoinders and other Proceedings, relating to any Suit commenced in this Honourable Court since the first day of Michaelmas Term last, and now remaining unfiled in the custody or possession of any Under-Clerk of the said Office, shall in some convenient time be produced and filed with such Six Clerk, to whom the same shall properly belong; and that the Under-Clerks respectively, accord­ing to the proportions before mention­ed, shall duly satisfie and pay the Six Clerks respectively, the Fees due for the same as aforesaid:The Under-Clerk to give to the Six Clerk a Note of the Name and Place of abode of such their Cli­ents who are in arrears for F es And in case such Under-Clerk respectively have received all the due Fees for the same of their Clients respectively, and if not, then they are to give unto the Six Clerks re­spectively a Note in writing under his, or their Hands of the Name or Names, [Page 170] Place or Places of abode, of such Cli­ent or Clients who are in arrear for any Fees due to them, and the quantum of such Fees, to the end the Six Clerks respectively may take such course for the recovery thereof, as they shall be advised; and that for so much the said Under-Clerks shall be discharged, and acquitted from every further demand from them concerning the same. And lastly, it is ordered, ordained and de­creed, That this present Decree shall be inrolled in the Judgment Rolls of this Court, to be observed for the fu­ture to all intents and purposes, accord­ing to the Tenour and true Meaning thereof.

Touching Under-Clerks.

Ordo Curiae.

WHereas on the 18th of June last,Supra 18 June 68. a Decree was made for the Re­gulating of the Office of Six Clerks, and for setling of the differences lately arisen between the Six Clerks and the Under-Clerks of the said Office, by the Right Honourable Sir Orlando Bridg­man, Knight and Baronet, Lord Keeper of the Great Seal of England, and the Honourable Sir Harbottle Grim­stone, Baronet, Master of the Rolls; wherein it is amongst other things de­creed, That on or before the 1st day of November next ensuing, all the pre­sent Under-Clerks of the said Office, who now are allowed and admitted to practise, except such only against whom there is just cause of exception in the judgment of the Honourable the Master of the Rolls, should be admitted Clerks of this Court, and that as well they the said Under-Clerks, so to be admitted, as every other person hereaf­ter [Page 172] to be admitted to the place of an Under-Clerk in the said Office should,The time for admitting and swearing the Under-Clerks enlarged. at, or before the time of such his ad­mission, and before his and their en­trance upon that imployment, take the Oath therein particularly expressed. Now for as much as the time prefixed by the said Decree is near expired, and there be many of the said Under-Clerks, who by reason of their remoteness of dwelling or other accidents, are not as yet come to Town, whereby the said Decree cannot in strictness be perform­ed; It is this present day ordered by the Right Honourable the Lord Kee­per, &c. and the Honourable the Ma­ster of the Rolls, that the said time be inlarged till the first day of the next Term, without any prejudice to any absent under-Clerk, who shall not come in to be admitted and sworn in the mean time.

Touching Priviledge Writs, Pauper Writs, and Renewed Writs.

Ordo Curiae.

FOrasuch as the Right Honourable the Lord Keeper, &c. was this day informed by Mr. Collings on behalf of several Officers and Clerks of this Court, that all small Writs that passed the great Seal for priviledged Persons, and for such as are admitted to sue in this Court in Forma Pauperis, and Renewed Writs, were, and usually have been by ancient course delivered to persons by whom such Writs have been Sealed, or to their Clerks, with­out paying any thing therefore; and that by an Order of this Court, made the 12th of February, 14 Caroli se­cundi, Vide supra 12 Feb. 14 Car. 2. upon information of one Mr. Hutton, a Clerk or Deputy to the Right Honourable the Lord New­brough, through whose Office all Writs of that nature do pass, refuseth to deliver the same without Fees for the Seals thereof; It was thereupon order­ed, That all Writs which should be sealed for priviledged Persons, and for Suitors in this Court in Forma Pauperis, [Page 174] and Renewed Writs, should from henceforth be delivered to the persons for whom the same should be sealed, or to their Clerk, without paying or gi­ving any thing for the same; which Order was observed by the said Mr. Hutton during the time he continued his Employment in the said Office. But one Mr. William Adderly who now Farms the said Office under the Com­missioners of His Majesty's Treasury, refuses to deliver such Writs aforesaid, without paying Fees for the Seals there­of:P [...]iviledge W [...]its, Pauper Writs, and Re­newed W [...]its, to pay no Fees. It is ordered by his Lordship, That the said Mr. Adderly do observe and conform to the Order aforesaid, by de­livering all Writs which shall be sealed for priviledged Persons, and for Sui­tors to this Court in Forma Pauperis, and Renewed Writs, to the persons for whom the same shall be sealed, or to the Clerk, without paying or giving any Fees for the same, unless the said Mr. Adderly, having notice thereof, do on the last day of this Term shew cause to the contrary.

Concerning Exceptions to a Masters Report.

Ordo Curiae.

THe Right Honourable the Lord Keeper taking notice of the trouble and loss of time to the Court, and expences and delay to the Suitors, occasioned by putting in Exceptions to Masters Reports, many of which do prove frivolous and vexatious, doth for the prevention thereof declare and order, That for the future, from this time, every person that shall put in Exceptions to a Masters Report, shall besides the 40 s. deposited upon ex­hibiting the same, pay 10 s. farther Costs for every Exception or distinct branch of an Exception, which shall upon the hearing thereof be over-ruled.He who puts in Excceptions to a Masters Re­port, besides 40 s. shall pay 10 s. Cost for every Excepti­on that shall be over ruled.

At Exeter-house by the Right Honoura­ble the Lord Chancellor. About the Impositions on Law Pro­ceedings.

Ordo Curiae.

ORdered upon the humble request of the Farmers of his Majesty's Duty arising by virtue of an Act of Parliament for laying Impositions on Proceedings at Law, That the Agent or Agents of the said Farmers shall have liberty to attend from time to time, and view all Copies of Records of the said Court that shall be offered to be read or made use of in any Moti­on, or on the hearing of any Cause, arguing of any Pleas or Demurrers, or exceptions to Reports at the Lord Chancellors; and also at the hearing of all Causes at the Rolls, to the end it may be known whether such Copies be signed by the proper Officer ap­pointed for that purpose by the said Act, and His Majesty's Duty duly an­swered for the same. And all Counsel­lors, Clerks, Solicitors, or others in whose Custody any such Copy shall be, [Page 177] are required to permit the said Agent or Agents on request in that behalf,Farmers of the Duty of the Law Tax how to manage themselves for the better col­lecting thereof. to view and take an account of the same according to the direction of the said Act; that the said Agent or Agents shall have liberty to attend at all Pub­lick Seals, from the time of opening the Seals to the shutting up thereof, and shall put up all Writs and other things that shall be sealed, into a Bag for that purpose, and go immediately, after the Seal is over, with the Clerk of the Hanaper or his Deputy to the Hanaper Office, and then take an ac­count of all the said Writs and other things Sealed, and stamp the same with a Stamp, to be provided by the said Farmers for that purpose; and if ne­cessity do require that any Writs or other things Sealed, shall be delivered out immediately after Sealing, the same, shall be first stamped, and an account taken thereof by the said Agent or Agents, but neither the Clerk of the Hanaper, nor his Deputy, nor any other shall presume to deliver out or take away any Writs or other things whatsoever that shall pass the Seal, un­til the same be so stamped, that the said Farmers Agent or Agents giving their due attendance from time to time to perform the same; that some person [Page 178] whom the Farmers shall for that purpose appoint, shall attend at all private Seals, and take an account of, and make an Entry into a Book to be kept by him for that purpose, of all Writs and other things that shall be Sealed at such pri­vate Seal, and shall also write his Name on the backside of such Writs and other things so Sealed, and see that His Ma­jesty's Duty be answered for the same.

At Exeter-house, ad idem.

Ordo Curiae.

THe Right Honourable the Lord High Chancellor, &c. having this day heard the Farmers of His Ma­jesty's Duties, arising by impositions and proceedings at Law, and their Counsel, and also the Six Clerks Office in the Court of Chancery, and the Under-Clerks in the Six Clerks Office to several things offered by the said Farmers for better collecting the said Duties arising within the said Six Clerks [Page 179] Office, doth order and direct accord­ing to the Power and Authority given him by the said Act.

1. That no Clerk or Solicitor do send, or knowingly permit, or suffer to be sent any Bill, Answer, Plea, De­murrer, Depositions of Witnesses▪ or other Record of the said Court, or any Draught or Copy thereof to any per­son or persons to take or make Copies thereof, or use the same, whereby the King's Majesty, or his Farmers may be defrauded of any of the Duties im­posed by the said Act.

2. That the Clerks of the said Of­fice do duly enter and pay the Duty for all appearances of persons for whom they have directions to appear, and that neither the Six Clerks for the Plaintiff, nor his Deputy do deliver any Bill to a Clerk, or any other for the Defendant, without a Note under the Hands of the Six Clerks for the Defendant, or his Deputy, testifying that the Appearance is entred; which Note the said Six Clerk, or his Deputy, who receiveth the same is carefully to file up, to the end the Clerk, or the Per­son, who on delivery thereof taketh away any Bill, may, if occasion requires, be called to return the said Bill, and charged by the said Six Clerk, or his [Page 180] Deputy, or the Farmers Agent with the payment of His Majesty's Duty for the Copy thereof.

3. That the Farmers of His Ma­jesty's Duty do provide for every of the said Six Clerks a Book, and that every of the said Six Clerks, and their De­puties do take special care, that before any Records or Pleadings whatsoever (Bills excepted) be taken or deliver­ed out of the Six Clerks Studies or Re­cord-house, a short entry be made thereof in the Book remaining with the Six Clerks from whom the same is taken, or to whom the Custody there­of belongeth, with the time when, and the Persons Name by whom the same is taken out, to the end, as occasion shall require, the said person may be called on to return such Records and Pleadings, and for payment of His Majesty's Duties for the Copies there­of.

4. That all Bills, Answers, Pleadings and other proceedings in the said Court be duly filed, and that no Copies be made thereof till the same have been so filed with a proper Officer for that purpose.

5. That no Copy of any Bill, An­swer, Plea, Demurrer, Depositions o [...] Witnesses, or other Records of the [Page 181] said Court shall be delivered or sent to any Client or Solicitor, or other Per­son till the same be signed by the pro­per Officer to whom they belong, or his Deputy; and that no close Copy whatsoever shall be made until an Of­fice Copy hath been paid for; and that in such case where a close Copy is made for the same person, by whom, or on whose account an Office-Copy hath been paid for, His Majesty's Du­ty shall not be required for such close Copy.

6. That no Copy of any Record of the said Court be offered to be read, or made use of either in Court, or at the Rolls, or before any Master or elsewhere, or any Fees taken for the same, which is not under the proper Officer, or his Deputies Hand, the draughts of Complainants or Defen­fendants own Bills, Answers or other pleadings, which by the ancient Rules of the Court have been permitted to be made use of by themselves only ex­cepted.

7. That no Commission whatsoever be published but in the presence of one of the Six Clerks concerned in such Cause or Causes, in which they shall happen to be published, or one of the Deputies who is to cause the same to [Page 182] be entred in the said Book, to be provi­ded by the said Farmers, to the end the Clerk concerned in such Cause or Causes, may be called on to pay His Majesty's Duty for the Copies of Depositions, as in the cases of Copies of other Pleadings and Records.

8. That no Subpoena ad audiendum Judicium be made out, until a Certificate under the hand of the Six Clerk, at whose instance the Cause is set down, be de­livered to the Deputy of the Subpoena-Office, that the Pleadings in the Cause are filed, which Deputy is hereby re­quired to write thereon the Name of the Clerk that deals for the Plaintiff, and to deliver over such Certificate to such person whom the Farmer of the King's Duty shall appoint to receive the same.

9. That the Six Clerks, or their Deputies, or other Officers of the said Court, when they sign any Copies, do write thereon the day of the Month when they are signed, and in words at length the number of Sheets which they contain, and also subscribe their Names to the same.

10. That the said Six Clerks do give the Names of their Deputies, or such who in their absence they permit to sign things to the Farmers Agent in [Page 183] writing, and so of any other they shall permit or appoint for that purpose, and that the said Six Clerks or their Depu­ties attend on all Office-days, to dis­patch business, from the hours of nine in the Morning till twelve at Noon, and from three of the Clock in the After­noon till Six in the Evening.

11. That all Decrees and Dismissi­ons be signed by the respective Six Clerk by whom they ought to be signed, and not by their Deputies, but in case of sickness, or absence out of Town of the Six Clerk; and that the Six Clerks or their Deputies, when they sign any Decree, do at the same time write thereon the day of the Month, and the year when they do the same.

Touching Recognizances.

Ordo Curiae.

WHereas on Complaint made this day to the Right Honourable the Lord Keeper,Concer' Irrotu­lament' Recogn' capt' in Cancel­laria. &c. that a Recog­nizance acknowledged in this Court the 17th of Jan. 1653. of 1000 l. [Page 184] for payment of 507 l. 10 s. the 6th of March then next, was not inrolled till the 1st day of July 1666. and that by an Administrator, whereby all the Lands, and Tenements of the Cognizor, at the time of entring into such Recog­nizance, and charged in the hands of a Purchasor near thirteen years after. And his Lordship being informed, that several Recognizances, as well as this, have in ancient times, as well as lately, have been inrolled, though long after the time, by Warrant from the Master of the Rolls for the time being, with­out prejudice to all Purchasors, be­tween the time such Recognizance ought to be inrolled, and the time of the actual inrolment thereof. Yet not­withstanding his Lordship taking into consideration the evil and dangerous consequences that may happen and arise to the Subject, by suffering Recogni­zances to be inrolled long after the time of acknowledgment thereof. And withall considering, that although there be no certain time appointed by Law for the inrolment of such Recognizan­ces, as are acknowledged according to the course of the Common Law; yet all other Courts have appointed the in­rolment of such Recognizances as be acknowledged there, to be before the [Page 185] next continuance day, or at the farthest, before the end of the Term following. Doth think the usual time of a year and a day, heretofore allowed by this Court for such inrolment, to be much too long. And therefore in con­formity to other Courts as near as may be, but chiefly to the High Court of Parliament, and in imitation of that Provision which is made by the Statute made in the 27th year of the Reign of Queen Elizabeth, whereby it is en­acted, That no Recognizance in the nature of a Statute Staple, shall bind any Purchasor, unless the same be in­rolled within six Months after the ac­knowledgment thereof: Doth hereby declare and order, That for the future no Recognizance, which after the first day of September next ensuing, shall be ac­knowledged in this Court, of what Nature or Kind soever, shall be inrolled in this Court, unless such inrolment be within the space of six Months after the acknow­ledgment thereof. And that all Officers and Ministers of the Court do for the fu­ture observe and take care, that no such Recognizance be inrolled in the said Court, contrary to this present Order;Recognizances to be inrolled within 6 months after acknow­ledgment. and all Recognizances heretofore acknow­ledged in this Court, and not already inrolled, shall be inrolled within the space [Page 186] of six Months after the 23th day of October next, and shall not be received nor inrolled after that time; and be­cause there may be special circumstan­ces, wherein it may be fit to dispense with these Rules, no Recognizance shall ever be inrolled after the time prescri­bed be elapsed, without motion in open Court,Except by Mo­tion in open Court. to the end that the Conusor, and all Purchasers, and Tertenants may have due notice, and the Court may by Special Order, and consent of the Party paying such inrolment out of due time provided for the indem­nity of such Purchasers as may be otherwise prejudiced thereby; and that all persons concerned may take notice of this Order, Copies hereof are to be set up and fixed in the se­veral Offices of the Court concerned herein.

Touching Contempts.

Ordo Curiae.

UPon Complaint made to the Right Honourable the Lord Keeper,Vide infra 13 Julij 85. 17 Maij, 1 Jac. 2. &c. by the Serjeant at Arms attending the Great Seal, that after Contempts are prosecuted to a Serjeant at Arms, and a Commitment pro­nounced, the Prosecutors will draw up the Order, and never take forth a War­rant thereon, but make use thereof to force the party prosecuted into some Composition, sometime for the whole Matter in difference, but usually for the discharge of the Contempts, where­by the Serjeants Imployment is rendred in great part ineffectual; for preventi­on whereof his Lordship doth thereup­on Order,After any Or­der for a Serje­ant at Arms shall be grant­ed, the Register shall draw up the same, and deliver the same to the Serjeant, and no other. That after any Order for a Serjeant at Arms shall be granted by the Court, the Register shall on request draw up the said Order, and deliver the same to the Serjeant at Arms or his Deputy, and no other person, they paying for the same, by which means he shall or may endeavour to apprehend the Party prosecuted, and bring him into this Court to answer the second [Page 188] Contempt if he can; but if he cannot, his Lordship doth further order,The said Order not to be dis­charged, nor the Contempt thereupon with­out the Serje­ants Fees be paid, and Cer­tificate under his hand testi­fying the same. That no Order for a Serjeant at Arms drawn up, and past by the Register, be discharged, and the Contempt there­upon, without the Serjeants Fees be paid to him, and a Certificate under his Hand testifying the same; and af­ter the said Order being so drawn up, and past as aforesaid, no private or other agreement shall be made between the Party or Parties, or the Person or Per­sons so standing in Contempt as afore­said, or any other person there, or any on their behalfs, without such satisfacti­on shall be made, and a Certificate of the same shall appear to Court.

UPon Complaint made to the Right Honourable the Lord Keeper, &c. on the behalf of Mr. Thomas Middleton, Solicitor com­mitted to the Feet for an As­sault. a Clerk in the Register's Office, of an Assault made upon him by one James Bradley, a Solicitor, by striking off his Hat, and beating him over the Head and Face with a Staff in the Register's Office, whereby his [Page 189] Head and Face are very much swelled and bruised; which upon the exami­nation of the matter, his Lordship find­ing it to be done without any cause or provocation, save the said Middleton's drawing and expediting an Order against a Client of the said Bradleys, according to the direction of the Court, his Lordship resenting it to be a great abuse and misdemeanor against the Court, for Officers or Clerks to be thus used, especially for discharging the Duty of their Imployments; doth order that the said Bradley, for this great misdemeanor, be committed close Prisoner to the Fleet, there to be kept without Pen and Ink, or any access to him from without the Fleet, till fur­ther Order to the contrary.

Concerning Quakers.

Ordo Curiae.

WHereas divers persons that go under the Name of Quakers, being sued and served to answer Bills in this Court, or served with Process to testifie their knowledge in Causes here depending, have used many devises to [Page 190] prevent the taking of their Oaths to their Answers, and procured themselves to be personated by others, and yet their Answers have been certified as if they were really sworn, whereby the Suitors have been hindred from disco­very of the matter charged on them, and the truth is suppressed. And in case of false swearing, the Persons can­not be proceeded against according to Law. For the preventing therefore of all abuses of that nature for the future, the Right Honourable the Lord High Chancellor of England doth Order, That such Suitors to this Court, who demand the Answer, Examination, or Deposition of any person that goes un­der the name of, or is reputed a Qua­ker, he or his Clerk in this Court, shall duly inform and leave a Note in wri­ting with the Clerk of the other side thereof. And the Clerk for such De­fendant, Respondent, or the Party on whose behalf such Witnesses is to be examined,Two days no­tice in writing of the persons abode and time, and before whom the De­fendant is to be sworn. shall take care that two days notice in writing as aforesaid, be given to the Plaintiffs Clerk of the place of abode, the time when, and before what Master such person shall be sworn, either to his Answer or Plea, or to any Interrogatories, in order to take his De­position or Examination in this Court, [Page 191] to the end that some person may if they think fit, be present and receive satis­faction, that the party is duly and re­gularly sworn, and is the same person intended for the Defendants Respondent or Witness; and that every Defen­dant shall subscribe his Name or Mark to his respective Plea or Answer, which the said Master is to certifie, and also in whose presence such Answer or Plea was sworn; and in case any Defen­dant or Respondent shall put in any Answer, Plea or Examination, or Wit­nesses be examined, without such no­tice being left as aforesaid, such De­fendants or Respondents may be pro­ceeded against, as if no Answer were put in or Examinations taken, and the Depositions of such Witness or Wit­nesses are to stand suppressed. And the Masters of this Court are to be very circumspect, careful and wary in the Administring of Oaths to all per­sons whatsoever, that the same be ad­ministred reverently, and according to Law.

Touching farther Answer.

Ordo Curiae.

WHereas all persons summoned to appear in propriis personis, and answer such Bills as are exhibited against them, ought fully to answer before they depart. Yet of late Com­plaints have been made, that Defen­dants for delay, either put in frivolous Pleas or Demurrers on insufficient An­swers; and such Plea or Demurrer be­ing over-ruled, or Answer reported in­sufficient, new process of Subpoena issu­ed to make farther Answer, and when Defendants had stood out Process of Contempt for want of Appearances or Answers in time, and have been discharged thereof by paying or tender, and refusal of the Costs, new Process of Contempt were to issue for any subsequent fault, which occasioned not only great delay, but expence and vex­ation to the Prosecutor, which the Right Honourable the Lord High Chancellor of England taking into consideration, for prevention of the like dilatory proceedings for the time to come, doth order and ordain, That [Page 193] in all such cases where the Defendants are to make farther Answers,The Plaintiff need not serve the Defendant with a Subpoena to make a fur­ther or better answer, but to give a Rule to the Defendants Clerk, or a co­py of the Or­der. the Plain­tiff shall not be obliged to serve the Defendant with a Subpoena to make a better Answer, but shall only be obli­ged to give a Rule to make a better Answer, if it can be given in T [...]rm time, or if not, then to give the De­fendants Clerk in Court a Copy of the Order or Report, whereby the Defen­dant shall be ruled to make such better answer, during the continuance of the publick Seals, before, or after the Term; and if after such Rule or Notice so given,And if the De­fendant do not in eight days put in a perfect Answer, Process of Contempt. the Defendant do not in eight days put in a perfect answer, or by order or consent of the Clerk on both sides, ob­tain a Commission to answer, and there­by return a perfect answer at the return thereof, the Process of Contempt shall issue for want thereof; and in case any former Process of Contempt shall have issued against such Defendants for want of appearing, or answering,And the Plain­tiff may pro­ceed upon any former Process of Contempt, notwithstand­ing Costs paid. the Plaintiff may resort back to such Pro­cess of Contempt, and proceed there­upon, after such Rule or Notice given as aforesaid, notwithstanding the Costs of such former Process were paid upon the coming in of such insufficient or frivolous Answer, Plea or Demurrer; but when the Defendant hath put in a [Page 194] full Answer, such Costs as he had paid for such former Process, shall upon pay­ment of the rest be deducted and allowed to him.

Of sending Records into the Chappel of the Rolls.

Ordo Curiae.

IT is this day ordered by the Right Honourable the Lord High Chan­cellor of England, and the Honoura­ble the Master of the Rolls, That the Six Clerks of the High Court of Chan­cery, do forthwith send the Inrolments of all Patents, which they, or any of them, or their respective Clerks have in their, or any of their Custody, fair­ly written in Parchment, and carefully examined, into the Petty Bag Office, to be estreated, together with the Privy Seals and Warrants for the same, and also all Decrees, with the Docquets thereof, to the Chappel of the Rolls,The inrolments of Patents to be sent into the Petty Bag to be estreated together with the Privy Seals and Patents for the same; and the Records of Deeds, &c into the Chappel of the Rolls. to remain there. And that the Clerk of the Inrolments do also send the Re­cords of all Deeds and Recognizances [Page 195] Inrolled, duly examined, to the said Chappel; and that all Records in the Petty Bag Office, after the same are 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 In­rolments, and the Records of Deeds and Recognizances from the Inrolment Office, after two years,The Patents af­ter three years from the time of the Inrol­ment, and the Records, &c. after two years. from the time of Inrolment, and so from year to year for the future. And that such Records as are come into the Chappel, and not fit to be received and continu­ed there by reason of their ill Car­racter, bad Parchment, Razures or In­terlineations, be transcribed within the Chappel of the Rolls, at the Charge of the said Six Clerks, and the Clerk of the Inrollments, to which of them the said Records did at first properly belong.

Touching hearing Causes.

Ordo Curiae.

WHereas Complaint hath been made to this Court, as well by the Counsel at the Bar, as others, that there is a great abuse committed, in not timely publishing of Causes, Pleas, Demurrers, Exceptions to Re­ports and the like, that are ordered to be heard, and not setting of them up in a Paper in the Registers Office in due time, by reason whereof the Counsel are many times surprized, and cannot be prepared to hear their Clients Causes as they ought to be, to the great prejudice of the Suitors, and parties that sue in this Court for Justice: For regulation whereof,A Note of all Causes, Pleas, Demurrers, Ex­ceptions to Re­ports, &c. to be set down for hearing, shall be set up by the Registers in their Office. it is ordered, That a Note of all Causes, Pleas, Demur­rers, Exceptions to Reports, and the like, that are ordered to be set down for hearing, shall hereafter from time to time be affixed, and set up by the Registers in their Office, two days be­fore the same are respectively appoint­ed to be heard. And in order hereun­to all Clerks, Solicitors and others, are hereby required to bring to the Re­gisters [Page 197] Office, in due time, all Orders for setting down of Causes, Pleas, De­murrers, Exceptions to Reports and the like, made upon Petitions or otherwise, that so they may be set up in the Re­gisters Office as aforesaid, otherwise the said Causes, Pleas, Demurrers, Ex­ceptions to Reports and the like, shall respectively be put off from hearing for that time, and shall not come on again to hearing without farther or­der.

Touching filing Exceptions to Reports.

Ordo Curiae.

IT is this day ordered by the Right Honourable the Lord High Chancel­lor,No Exception to Reports touching the sufficiency or insufficiency of Answers, shall be filed in the Registers Of­fice, unless no­tice given to the Clerk on the other side. that from this day no Exceptions whatsoever shall be received by, or filed with the Register, to Reports touching the sufficiency or insufficien­cy of any Defendants Answer, unless such Exceptions shall be brought and filed, and notice thereof given to the Clerk in Court of the other side. And it is farther ordered, That this Order [Page 198] be set up and affixed in the publick Offices of the Six Clerks and Registers, [...]o the end that all persons concerned may take notice thereof, and act ac­cordingly.

Touching Bankrupts. Ex Parte Thomae Knatchbal Armigeri.

Ordo Curiae.

THe Right Honourable the Lord High Chancellor of England, being now attended by Mr. Mathew Petley and his Counsel, in the matter of the pretended Office of Register upon all Commissions of Bankrupts within the City of London, and Places adjacent, which pretended Office hath formerly been, and now is claimed by the said Mr. Mathew Petley, under colour of some Patent granted by His Majesty; and several persons who have been usually concerned as Com­missioners in Execution of such Com­missions, now also attending with their Counsel, several Objections were made against the validity of the Grant or [Page 199] Patent, under which the said Mr. Pet­ley claimed. And that upon a former debate it had been by his Lordship, up­on severel Complaints and Petitions on that occasion declared, that it would be a very great burthen on the Subject: His Lordship on hearing what was in­sisted on by all Parties, declared, That although he saw no cause to give any countenance at all, as to the establish­ment of any such Office of Register, as the said Mr. Petley claimed by ver­tue of the said Patent: Neverthelss in regard many Complaints and Petitions have been frequently made, and pre­sented to his Lordship, occasioned by the ill management of Commissions of Bankrupts, in and about the City of London and Westminster, and the Coun­ties adjacent, and more particularly of the losing and mislaying of such Com­missions, and Depositions, and Orders thereupon taken, whereby great loss and prejudice hath hapned to the Sub­ject: His Lordship thought it necessa­ry and convenient, That some person should be appointed to attend the said Commissioners, either by himself, or his sufficient Deputy or Deputies in that behalf, and should have the Cu­stody of such Commissions and Proceed­ings, as should be had before the said [Page 200] Commissioners, and see them to be safely kept in some publick or convenient place, whereof all persons may have notice, to the end such Creditors as are concerned in the taking out, and prosecution of such Commissions, may resort thither as occasion requires. And the Commissioners and Creditors now present, together with their Coun­sel acknowledging, that it is most ne­cessary for the safety of both the Com­missions and Orders, and also for the Bankrupts themselves and their Credi­tors, that the Custody of such Com­missions and Proceedings should be put in some safe and secure hands: His Lordship is thereupon pleased to order, and doth hereby order, That Mr. Tho. Knachball shall be, and is hereby or­dered and appointed to have the in­spection by himself, or his sufficient Deputies, from time to time, of all the Commissions of Bankrupts, and Proceedings thereupon, that shall at any time or times hereafter be taken out against any Bankrupts within the City of London and Westminster, and places adjacent within the Weekly Bills of Mortality as also of all, such Commissions as shall be taken out against any person or persons becom­ing Bankruptor Bankrupts, within the [Page 201] adjacent Counties hereafter mention­ed,A Register of all Commissions of Bankrupts in London, Middle­sex, Essex, Hart­fordshire, Kent, Surry, &c. that is to say, within the Counties of Middlesex, Essex, Hartfordshire, Surry, Sussex, Buckinghamshire, Berk­shire and Kent, to the end he may upon any Complaints or occasion, be the better enabled to inform his Lord­ship of the true state of the Matters, whereof any Complaints shall, or may happen to be hereafter made. And also that he, or his sufficient Deputy or Deputies shall have the keeping of all such Commissions and Depositions, and other Orders and Proceedings thereupon, that the same may at all times be produced, and that the per­son concerned may have free resort thereunto as occasion shall require.

Concerning Orders touching Accounts.

Ordo Curiae.

THe Right Honourable the Lord Keeper, &c. taking into his most serious Consideration, the delays and great expences that doth happen to Suitors by Exceptions taken to Ma­sters [Page 202] Report made in pursuance of Or­ders upon hearing, and especially such whereby Accounts are directed to be taken, which his Lordship conceives might in a great measure be prevented, if the Master were informed of the Matter of such Exceptions, before the signing and allowing of the said Re­port.A Master to whom an Ac­count is refer­red, upon the hearing of the Cause, when he hath prepared the Report, shall send out a Summons that both Parties shall attend him to peruse or take a Copy of it. And if the Par­ty be dissatisfi­ed, within 4 days to bring in a Note of Exception, and to be heard, and then and the M [...]er to settle his Re­port. His Lordship doth therefore order, That every Master of this Court, to whom any Accounts is referred, or other Matter by any Order, upon the hearing of the Causes when he hath fully heard both parties, and prepared his Report, shall at the request of ei­ther party, give out a Summons, that both parties, or some for them shall again attend him, who shall have li­berty to peruse such his Report, or take a Copy thereof. And that such person that is dissatisfied therewith, do in four days, next after such atten­dance, bring in a Note in Writing of their Exceptions thereto, and take out a Summons to be heard thereupon, and then the said Master is to settle and finish his Report, as he shall find Just. And it is further orderd, That when upon hearing of Exceptions, it shall appear to the Court, that the party excepting did not offer his Ob­ject [...]ons before the Master, because he [Page 203] depended upon his Appeal to the Court, and sought delay. In such Case though the Exception shall be allowed, yet the party for his neglect, and oc­casioning trouble to the Court, and charge, and delay to his Adversary,The Party neg­lecting to pay Costs. shall pay such Costs as the Court shall think reasonable. And it is further ordered, That where by Special Order the Court shall admit Exceptions to any Report, whereby Mony is re­ported due,If Mony be re­ported due after the time where­in such Excep­tions should have been filed, no proceeding shall be staid without bring­ing the Mony into Court, or giving security. after the time wherein such Exceptions should regularly have been filed, no proceedings upon such Report shall be staid without giving security, or bringing the Mony re­ported due into the Court, unless the Court shal provide otherwise by par­ticular Order.

Touching Witnesses Examined.

Ordo Curiae.

IT is this day ordered by the Right Honourable the Lord Keeper, &c. That when any Witness shall be brought to any Clerk in Court to be shewed, before he be examined, the party that produceth him, shall not only have a Note in writing of the Name and Title of such Witness,The Clerk that shews a Wit­ness, ought to have a Note of his Abode and Lodging. and Parish where he lives: But if such Pa­rish shall happen to be any of the Pa­rishes within the Bills of Mortality, such Note shall also contain what Street and House in such Parish such party lives, and whether he be a Housekeeper or Lodger, to the end such Witness may with more ease be enquired after, and cross-examined if required; and the Clerks are to take care to see this Order performed.

Touching Clerks.

Ordo Curiae.

IT is this day ordered by the Right Honourable the Lord Keeper,Agreement be­tween any Clerks and So­licitors to be put in writing. &c. That no agrement that shall hereafter be made between any of the Clerks or Solicitors in this Court, relating to any of their Clients Causes, shall be of any avail, unless such Agreement, or some Note or Memorial thereof be put into writing, and subscribed by the party that is to be bound thereby.

Touching Serjeant at Arms.

Ordo Curiae.

WHereas Complaint was made to the Right Honourable the late Lord Chancellor Finch by the Serje­ant at Arms, attending the Great Seal,Vide supra 13 Julij 85. 4 Nov. 74. Vide infra 19 Maij 1 Jac. 2. that after Contempts were prosecuted to a Serjeant at Arms, and a Commit­ment pronounced, the Prosecutor would draw up the Order, and never take out the Warrant thereon, but make use thereof to force the party [Page 206] prosecuted into some Composition, sometimes for the whole Matter in dif­ference, but usually for the discharge of the Contempts, whereby the Serje­ants Imployment was rendred in great part ineffectual. For the prevention whereof his Lordship did thereupon order, That after an Order for a Ser­jeant at Arms should be granted by the Court, the Register should on re­quest draw up the said Order, and de­liver the same to the Serjeant at Arms or his Deputy, and no other person, they paying for the same, by which means he should, or might endeavour to apprehend the Party prosecuted, and bring him into the Court to answer the Contempts if he could; but if he could not, his Lordship doth further order, that no Order for a Serjeant at Arms drawn up, and past by the Re­gister, should be discharged the Con­tempts thereupon,No Order or Contempts thereupon to be discharged, un­less the Serje­ants Fees be paid. without the Serje­ants Fees be paid to him, and a Cer­tificate made under his Hand testifying the same; and after the said Order be­ing so drawn up and past as aforesaid, no private or other Agreement should be made between the Party or Parties, and the Person or Persons so standing in Contempt as aforesaid, or any other person on their, or any of their behalfs, [Page 207] without such satisfaction should be made, and a Certificate of the same should appear to the Court: Now up­on Information made to the Right Ho­nourable the Lord Keeper of the Great Seal of England by the Serjeant at Arms, that the said Order had not been duly observed, to his great loss and prejudice, His Lordship doth or­der, that the said Order be revived, and that all persons concerned do take notice thereof, and yield obedience thereto accordingly.

Touching Affidavit of Witnesses.

Ordo Curiae.

IT is this day ordered by the Right Honourable the Lord High Chan­cellor of England, That where any person, Plaintiff or Defendant shall ground any Motion or Petition on an Affidavit of material Witnesses to ex­amin,In Affidavit of material Wit­nesses to exa­min the names of the chiefest Witnesses, and the material points on which they are to be examined, to be inserted. whereby to gain longer time to examine, such Affidavit shall not only contain the Names of the chiefest of such Witnesses, but the points on which such Witnesses are desired to be examined, to the end the Court may see whether such points be material to [Page 208] be examined, and whether before or after the hearing, that all delays here­tofore occasioned by unnecessary exa­mination may be avoided for the fu­ture.

Touching Rehearing.

Ordo Curiae.

IT is this day ordered by the Right Honourable the Lord High Chan­cellor, &c. No Rehearing to be granted, without deposi­ting 5 l. into the hands of the Register. That no Rehearing or Ap­peal shall for the future be granted, but the party appealing shall deposite in the hands of the Register the sum of 5 l. to recompence the other party in Costs, on such Rehearing he shall not be relieved; and when any Rehearing is granted, such Rehearing shall not any way stop or hinder any proceed­ings on the Order or Decree appealed from,Decree appeal­ed from. without special Order of this Court, but the party in possession of any Order, shall be at liberty to proceed thereon, as if no Appeal or Rehearing was granted.

Touching Exceptions to Reports.

Ordo Curiae. Revived.

WHereas by an Order of the 12th of February, Vide supra 20 Junij 1675. 22 Car. II. It is ordered that every person that should put in Exceptions to a Masters Report, should besides the 40 s. deposited upon exhibiting the same, pay 10s. fur­ther Costs for every Exception, and distinct branch of an Exception, which should upon the hearing thereof be over-ruled: Which said Order having not of late been observed, and the Right Honourable the Lord High Chancellor of England taking notice of the trouble and loss of time to the Court, and expence and delay to the Suitors,10 s. to be paid for every Ex­ception to a Masters Report over-ruled. occasioned by putting in Ex­ceptions to Masters Reports, many of which do prove frivolous and vexatious, doth for prevention thereof declare and order, That the said Order of the 22th of February aforesaid, be revived and duly observed, 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 [Page 210] 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.

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.

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 [Page 212] 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 [Page 213] 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.

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 [...]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 [Page 214] 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.

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.

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 in all times have been suppressed and deemed great abuses. Now for prevention thereof for the future, it is this day ordered by the Right Honourable the Lord High Chancellor, &c. That from, and after the first day of June next, no Interrogatories shall be exhibited for the examination of any Witnesses in any Cause depending in this Court, whe­ther in Court, in the Examinors Of­fice, or by Commission in the Coun­try, [Page 217] before such Interrogatories shall be either drawn,Interrogatories to examine Winesses to be signed by Coun­sel. or perused by Coun­sel (after due consideration had of the Pleadings) and signed by them. But all Counsel are to take care, that no Interrogatories do slightly pass their hands, contrary to the true intent and meaning thereof, lest they incur the displeasure of the Court therein; and that all Depositions taken contrary here­to, shall stand suppressed; and to that end, all the Clerks and Solicitors of this Court that are concerned in Causes, may not be ignorant hereof, his Lordship doth further order, That this Order be set up and fixed in some publick places in the Offices of the Six Clerks, and Examinors of this Court, that all due obedience may be given thereto.

Touching Orders on Petitions.

Ordo Curiae.

IT is this day ordered by the Right Honourable the Lord High Chan­cellor, &c. That from, and after this day, no Order or Direction made, or given by his Lordship, or the Honou­rable Master of the Rolls, upon any [Page 218] Petition (unless the same be by way of Summons) shall be of any autho­rity or effect,An Order made upon a Petition to be of no Ef­fect to ground Subpoena's, or other Process, unless within 3 days in Term time, or within a Week in the Vacation after the same shall be granted, an Order be entred up with the Re­gister on such Petition. as to the Proceedings or grounding Subpoena's, or other Process in any Cause now depending, or which shall hereafter be depending in this Court, unless within three days in Term time, or in a Week in the Va­cation after, the same shall be granted and signed by his Lordship or his Honour, an Order shall be drawn up and entred with the Register on such Petition, to the end no person may be surprized by any Private Order, but that all parties concerned may have resort, at all times, to see what Orders are from time to time made and granted, wherein they are con­cerned; and that no person may be ignorant thereof, it is further ordered, That this Order be set up in the Pub­lick Offices of the Court concerned therein, that all due obedience may be given thereto.

Surrender of a Six Clerk to the Master of the Rolls.

Ordo Curiae.

WHereas Arnold Brown, Esq late one of the Six Clerks of this Court, hath surrendred his Office of Six Clerk in this Court, into the hands of me, the Master of the Rolls, where­by the said Office is become vacant; and forasmuch as the business in agita­tion, and to be transacted in that Of­fice for the benefit of the King's Peo­ple, Suitors in this Court, is not to be delayed or obstructed for want of a fit person to manage the said Office in the vacancy of a Six Clerk; and whereas I have this present 17th day of June 1687. under my Hand and Seal, de­puted and appointed the said Arnold Browne to Act, Agitate, Negotiate and Proceed in the business of that Office in my Name; and as my Deputy on­ly, during my pleasure, and have fur­ther authorized and impowred him the said Arnold Browne so to do and act, and to write to the Great Seal, in my Name only, and not in the Name of him the said Arnold Browne, and to enter and sign all Proceedings, Certifi­cates, [Page 220] Copies, and other things belong­ing to the Execution of the said Office, in the Name of the said Arnold Browne, but with the additions of Deputy to me Master of the Rolls, to wit (Arnold Browne, Deputy Magr' Rotulor') as to take and receive the Profits thereof, as by the said Deputation, inrolled in this Court, may and doth appear, for the due Execution of which said De­putation, the said Arnold Browne hath been duly sworn,Arnold Browne on the surren­dring his Office as Six Clerk, deput [...]d to act during the va­can [...]y. his Honour doth hereby order, direct and appoint the se­veral respective sworn Clerks of the said Office, within or belonging to the Division, late of the said Arnold Browne, late Six Clerk, to apply them­s [...]lves to the said Arnold Browne, as my Deputy, as aforesaid, for the Dis­patch of the Business of that Division, and to pay all such Duties and Fees to his said Deputy Arnold Browne as are due, appertaining, and accustomed to be paid to the Six Clerk of that Divi­sion, and to do, and perform all other Acts, as the respective sworn Clerk in Chancery ought to do to their re­spective Six Clerks; and to the end that no sworn Clerk, or other persons concerned may be ignorant of this Matter, his Honour doth order, that this Order be entred with the Re­gister [Page 221] of this Court, and put up in the Office of Six Clerks.

Touching Misdemeanors.

Ordo Curiae.

WHereas divers Complaints have of late been made the to Honourable the Master of the Rolls, of the outra­gious, rude and undecent Demeanors of divers of the younger Clerks, Ser­vants and Writers, to and for the sworn Clerk in the said Six Clerk Of­fice,Penalty on those that mis­demean them­selves in the Office. to the great scandal of this Court, and hindrance of business, which hath been most notorious, by their throw­ing Durt, Filth, Ink, and many other things, to the damage and prejudice of the Suitors of this Court, and Ma­sters in the said Office, and at other times by a rude and violent clapping their Desks, and making many loud Outcrys and Noises, and by evil treat­ing their Masters in the said Office with opprobrious Language. All which his Honour having taken into considera­tion, it is for the preventing the like [Page 222] Enormities for the future ordered, That the Messenger attending the Rolls, do take such Servants, Clerk or Writer into Custody (and by him to be carri­ed to Bridewell) as shall at any time or times hereafter be guilty of either of the said Enormities, or any other of the like nature, and there shall conti­nue till further order, and for the se­cond offence shall be expelled the said Office; and that due notice be given hereof, and that all persons may take warning, this present Order is forth­with to be set up in the Six Clerks Office.

Touching Regulating the Under-Clerks.

An Ordi­nance.

Vide supra 18 Junij 20 Car. 2.WHereas by a Decree heretofore made by the Right Honoura­ble the Lord Keeper, &c. and 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 [Page 223] 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 [Page 224] 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 [Page 225] 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 [Page 226] 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 [Page 227] 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 [Page 228] 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 [...]he Office as a Clerk, or have necess to the the Records, but sworn C [...]erks and their Servants. it is hereby Or­dered, Ordained and Decreed, That from henceforth none 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 execu [...]ing of the aforesaid [...]ecited Decree, bearing date the 18th [Page 229] 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 [Page 230] 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.

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.

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 fi [...]ing of the Bill, Plea and Demurrer.

Touching Rehearing.

Ordo Curiae.

IT is this day ordered by the Right Honourable the Lords Commissio­ners, &c. Two days be­fore the Re­hearing, 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 Re­hearing. That when any Cause shall be appointed to be reheard, the party appearing shall two days at least be­fore the day appointed for such Re­hearing, 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.

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 [Page 235] 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, that shall from time to time be put into any Report, and shall on arguing be over-ruled as frivolous and impertinent and so declared, the Exceptant shall for every such Exception, or Branch of such an Exception, pay to the other side 20 s. Costs, and for every frivo­lous Exception, or Branch of an Ex­ception, though not opened, but wa­ved, the Exceptant in such case shall pay 10 s. Costs;And 10 s. for every frivolous Exception that is not opened. which said 20 s. and 10 s. are to be paid over and above the 40 s. deposited according to the Rule.

Touching Exceptions to Masters. Reports.

Ordo Curiae.

WHereas it hath been by experi­ence found, that Exceptions have been frequently taken to Masters Re­ports, which on arguing have appear­ed very frivolous, tending only for de­lay, and whereby the Suitors are put to great charges to bring on such di­latory Exceptions; It is this day order­ed by the Right Honourable the Lords Commissioners,He who will file Exceptions to a Report, shall within 8 days after pro­cure a fixt day for the setting down such Ex­ceptions to be heard, and thereof give no­tice to the other side. &c. That when, and as often as any Party, Plaintiff or De­fendant shall take and file Exceptions to a Report, made in any Cause, ei­ther now depending in this Court, or which shall hereafter be depending, the Party so excepting, shall within eight days after such Exceptions filed, pro­cure a fixt day for the setting down such Exceptions to be heard, and there­of give due notice to the Clerk in Court for the other Party, or in de­fault thereof such Exceptions so filed, [Page 237] shall from, and after the Expiration of the said eight days stand over-ruled, and the Party obtaining such Report,Vide infra. This Order sus­pended 7 July 93. shall be at liberty to proceed there­on as if no Exceptions were ever filed.

Touching Filing Reports and Cer­tificates.

Ordo Curiae.

WHereas it hath been found of late too common a practice for to ground Contempts, Orders and Decrees, and other Proceedings, on Reports of the Masters of this Court, before the same be actually filed with the Register of this Court, where the same ought to be filed, before any proceedings be had thereon. Now for the prevention thereof, and of the inconveniences that may happen to the Suituors by such neglects;All Reports or Certificates made or signed by the Masters, to be filed with the Register within 4 days after such sign­ing. It is this present day ordered by the Right Ho­nourable the Lords Commissioners, &c. That all Reports and Certificates that shall be made and signed by any of the Masters of this Court, (shall by him that sueth forth, or taketh the [Page 238] same from the respective Masters) be filed with the Register of this Court within four days after the making and signing thereof,The Register to indorse on the back there­of the day of receiving and filing it. and that the Register, when any Report or Certificate is brought to be filed, shall endorse on the back thereof the day of the recei­ving and filing such Report and Cer­tificate, and that all Proceedings which shall hereafter be grounded on any Report or Certificate, not filed as afore­said, shall be utterly void and of none effect; and such neglect of filing be­ing made appear to their Lordships by the Certificate of the Register, shall be good cause for the discharging of Proceedings thereupon, and also for the incurring such further Costs as their Lordships shall think fit to inflict on the Party offending contrary hereto; and that for the better and more pub­lick notice of this Order, fair Copies thereof are forthwith to be made, and put up in the Registers Office, Masters Office and Six Clerks Office, for all persons concerned to take notice there­of

Exceptions to Masters Report.

Ordo Curiae.

WHereas by an Order of the 14th May 1692. It was ordered,Vide supan 14 Maij 1692. The said Order of 14 May sus­pended. That the Party excepting to any Re­port, should within eight days after the filing thereof, procure a fixt day for the hearing thereof, or otherwise such Exceptions so filed, should be over-ruled, and the other Party should be at liberty to proceed, as if no Ex­ceptions had been filed. Now foras­much as the said Order, in the execu­tion thereof, hath instead of the bene­fit intended to the Suitor, thereby pro­ved an inconvenience, the Right Ho­nourable the Lord Keeper, &c. doth order, That the further execution of the said Order be suspended till fur­ther order.

Touching Clerks Misbehaviour.

Ordo Curiae Private.

Clerks misbe­having them­selves ordered to attend.WHereas a Complaint was this day made to the Right Honourable the Master of the Rolls of the misbe­havior of several of the younger Clerks in the Six Clerks Office; it is order­ed that Mr. Watkins, Mr. Mutchell, Mr. Wright, Mr. Raworth, Mr. Bur­roughs, Mr. Cook, Mr. Conset, Mr. Tal­bott, Mr. Lloyd, Mr. Downeing, and their Clerks, do attend his Honour on Saturday next, at three in the After­noon, at which time Mr. Wilkinson, Mr. Bagshawe, Mr. Jaques, Mr. Brid­ges, and Mr. Derbysheirs Clerks are also to attend, when such further Or­der shall be made as shall be just, and that the Messenger attending this Court do give notice thereof to the said respective persons.

Touching the Six Clerks, and Under-Clerks.

Ordo Curiae.

WHereas Complaints have been made by the Petition of the sworn Clerks of this Court to the Right Honourable the Master of the Rolls, that divers of their Under Clerks have of late behaved themselves after a bold, insolent, rude and disorderly manner in the Six Clerks Office, as well to­wards their respective Masters, as to others the sworn Clerks, and to the Sui­tors of the Court, attending the dis­patch of their business there, by un­mannerly and abusive language, break­ing of Windows, cutting Desks, break­ing down Seats, throwing Stones and other things at the said sworn Clerks, and their Clients, whereby, and by making rude and undecent Noyses, often forced them to leave the said Of­fice, and caused the same to be shut up in the most usual time of business, and [Page 242] when the Court hath been sitting, to the great scandal thereof, and damage of the said sworn Clerks and their Clients, and contrary to the duty of the said Under-Clerks, and the ancient and laudable usage of the said Office. And whereas Complaint hath been likewise made to his Honour by the Petitions of the Under-Clerks, that the Six Clerks do take and imploy per­sons to be their waiting Clerks, who have not been Articled Clerks, or ever educated and imployed in the said Of­fice, and that several of the sworn Clerks have, and do not only take more than one Articled Clerk, which they by the Rules and Orders of the said Court, for the Government of the said Office ought not to do; but do likewise carry the Records out of the said Office, and cause the same to be copyed at under rates, by persons out of the Office, rather than to allow to their Under-Clerks their due Fees for Copying thereof: All which proceed­ings are not only contrary to the anci­ent Orders and Rules of the said Of­fice, but manifestly tend to the dis­couraging of diligence, industry and Clerkship, and to the introducing of ignorance. All which matters his Ho­nour [Page 243] taking into his serious considerati­on, and being minded to prevent the like and all other abuses and disturbances in the said Office for the future, and for the time to come to keep and restrain the said Under-Clerks within such Rules and decent behaviour towards all, and every the sworn Clerks of the said Office and their Clients, as ought to be practised and observed amongst the Clerks in so High and Honourable a Court; doth think fit and so order, that none of the said Under- Clerks do hereafter presume by any of the ways aforesaid, or by any other means on any pretence whatsoever, to make any such Noyse or disturbance, or commit any disorder in the said Office, or cause or procure the said Office to be shut up, or endeavour to force or oblige any of the sworn Clerks or their Clients to de­part from, or leave the same; And that the said Office be not for the future shut up at any times, than only upon such Holy-days as are kept by the Court in Term time, and such only in Vacation as are or shall be appointed to be kept by Act of Parliament, or any other publick Authority.Rules of beha­viour of the Under-Clerks to the sworn Clerks. And further, That no Under-Clerk in the said Office shall from henceforth, during [Page 244] the time of his Clerkship, presume to wear any Sword either in or out of the said Office within the Cities of London or Westminster or the liberties thereof, or to be covered or wear his Hat in the said Office in the presence of any one of the sworn Clerks; but that all the said Under-Clerks shall, during all the time of their respective Clerkships, as well in their Masters Seats, as elsewhere in the said Office be uncovered, and behave themselves orderly, soberly, and with respect to­wards all the sworn Clerks, and the Suitors of the Court: And in case any of the said Under-Clerks shall be idle in the said Office, out of their Masters Seats, they shall upon the admonition or command of any of the sworn Clerks, immediately repair to their Masters Seats, and quietly sit and at­tend their business there, from seven of the Clock in the Morning in Summer, and eight in the Winter till twelve of the Clock at Noon, and from two of the Clock in the Afternoon until such time as their respective Masters shall think fit: And in case any of the said Under-Clerks shall be hereafter guilty of any the aforesaid, or any other abu­ses, disorders or indecencies in the said [Page 245] Office, he and they so offending, shall undergo such punishment, either by expulsion or otherwise, as his Honour [...] the Master of the Rolls, for the time being, shall think fit to inflict; and for the better incouragement of the Under-Clerks, and to the end the Rules and Orders for the Government of the said Office may be the better observed for the future, his Honour doth further order,No Six Clerk to take a wait­ing Clerk, but such as hath been an Arti­cled Clerk. That no Six Clerk do for the future take any person to be his wait­ing Clerk or Clerks, but such who are, or have been Clerks articled to some one of the sworn Clerks of the said Office; and that they have not above two waiting Clerks each,Six Clerks not to have above two waiting Clerks each. and if any of their future waiting Clerks have not been Articled Clerks, such wait­ing Clerks shall be forthwith dischar­ged, and that no sworn Clerk do take and have more than one Articled Clerk at the same time,No sworn Clerk to have more than one Arti­cled Clerk at the same time before his first Arti­cled Clerk be preferred in the said Of­fice, or that the first Articled Clerk be discharged with the knowledge and ap­probation of his Honour, [...] the Ma­ster of the Rolls, for the time being: And if any of the sworn Clerks now have any more than one Articled Clerk, that such sworn Clerk do discharge his [Page 246] second Articled Clerk from the said Articles, and deliver up his Articles, with what he hath received with him, his Honour declaring, That if any sworn Clerk have, or shall presume to Article with a second Clerk, before the first Clerk be preferred in the said Office, or discharged as aforesaid, such Articles shall be deemed and taken to be ipso facto void and of none effect. And doth further order,No sworn Clerk to carry Re­cords out of the Office without leave of the Master of the Rolls, nor to employ any to Copy Records, but such as are Arcicled Clerks. That no sworn Clerk do presume, being contrary to his Duty, to carry any Records out of the said Office, without leave first ob­tained from the Master of the Rolls, for the time being, nor do imploy any person in the Copying of any Records, but such who are Articled Clerks, un­less in case of sickness, or that the Ar­ticled Clerk shall refuse or neglect to Copy the same, whereof Complaint is immediately to be made to his Honour, to the end the same may be redrest. And to the end this Order may be the better known, effectually obeyed and duly observed, his Honour re­quires and expects the same to be fair­ly ingrossed, and from henceforth hung up in the said Office in a Frame to be provided for that purpose.

Touching Reading Depositions.

Ordo Curiae.

WHereas in former times, as well as lately, Complaints have been made by the Examiners of this Court, That after Depositions of Wit­nesses have been taken in their Office between parties, Plaintiff and Defen­dant, one of the said Parties, or some of their Agents, have taken out the Copies of Depositions for his Party only; and afterwards the same Party hath for Mony or other reward, given or suffered other Copies to be made out of them, to the adverse Party, his Solicitor or Agent, who have made use of them on all occasions, as if authen­tick: By reason of which said second Copies, so surreptitiously made, the Court may be misguided; all which doings tend to the great abuse of the Court▪ and prejudice of the Clients and their Causes, as well as to the scandal of the said Office, and the de­priving the Officers of their due Fees. [Page 248] And whereas Orders have been made (as often as grounds for the said Com­plaints have been offered) for the re­dressing thereof; but the directions thereby given have proved ineffectu­al, some of them tending rather to put the Party agrieved to a further charge than to redress the grievances complained of. And whereas the pre­sent Examiners of this Court have by their humble Petition besought the Lord Keeper of the Great Seal of England for redress in the Premisses, and to prevent the like inconveniences for the future, and his Lordship ha­ving taken their said Petition into his serious consideration, and calling to mind, that the like matter thereby complained of, happned lately in Court in the Causes of Wilcox and Doughty, and Doughty and Wilcox, and obser­ving that the last Order made in such Cases, that the Causes should be put off, and five Pounds paid to the other side is no redress to the Court, (who is the Party grieved, he being put to the new charge of another days at­tendance, and the five Pounds being never paid) forasmuch as the Clerks and Agents on both Sides are Confe­derates in the said practice; where­fore [Page 249] for the prevention of the like Scandal to the Court, Charge to the Clients, and Fraud to the said Offi­cers for the future, his Lordship doth order,No Deposition to be made use of in any Court, or before any Master in any Cause, but such as is taken out of the proper Office, and sign­ed by the Party for whom the same shall be read. That no Copies of Depositions shall be read or made use of, either in Court, or before any Master in any Cause, but such as is taken out of the proper Office, and signed for the Party, for whom the same shall be read: And to the end this Order may be more strictly persued, his Lordship doth further order, That the said Examiners shall by themselves, or by their Deputy, have liberty from, and after the 22th day of January instant to attend in Court, at the hearing of all Causes, to inspect all Books of De­positions which are brought into Court and read, either for Plaintiff or Defendant, and to see whether they be duly signed for the Party that doth produce the same: And in case the said Examiners, or either of them, or their Deputy shall discover to the Court any such fraud or practice com­mitted, that then the Cause or Causes, wherein such practice or fraud is com­mitted, shall be put off, and the Par­ties offending shall stand committed to the Prison of the Fleet until the Offi­cer [Page 250] injured be agreed with, and paid his due Fees; and until they shall have also paid the sum of five Pounds into the hands of such person, as his Lord­ship shall direct, for the use of the Poor, and until such Client or Clients as shall be prejudiced, by putting off his or their Cause, shall be reimbursed his Charges in respect thereof, and until the further Order of this Court: And that no person may plead ignorance herein, this Order is to be set up in the several Offices concerned therein, belonging to this Court.

Touching Serjeant at Arms.

Ordo Curiae. Revived. . . .

VVHereas Complaint was made to the late Lord Chancellor Finch by the Serjeant at Arms attend­ing the Great Seal,Vide supra 4 Nov. 74. 13 Julij 85. That after Con­tempts were prosecuted to a Serjeant at Arms, and a Commitment pronoun­ced, the Prosecutor would draw up the Order, and never take out the Warrant thereon, but make use there­of to force the Party prosecuted into ome Composition, sometimes for the whole matter in question; but usually for discharge of the Contempts, where­by the Serjeants Employment was ren­dred in great part ineffectual: For the prevention whereof his Lordship did thereupon order, That after an Order for a Serjeant at Arms should be granted by the Court, the Register should, on request, draw up the said Order, and deliver the same to the Serjeant at Arms, or his Deputy, and to no other person, they paying for [Page 252] the same, by which means he should, or might endeavour to apprehend the Party prosecuted, and bring him into the Court to answer the Contempts if he could; but if he could not, his Lordship did further order, That no Order for a Serjeant at Arms drawn up, and past by the Register, should be discharged, and the Contempt thereon, without the Serjeants Fees be paid to him, and a Certificate made under his Hand, testifying the same; and after the said Order being so drawn up, and past as aforesaid, no private or other agreement should be made between the Party and Parties, and the Person and Persons so standing in Contempt as aforesaid, or any other person, on their, or any of their be­halfs, without such satisfaction should be made, and a Certificate should ap­pear of the same to the Court. Now upon information made to the Right Honourable the Lord Keeper of the Great Seal of England by the Serje­ant at Arms, that the said Order had not been duly observed, to his great loss and prejudice; his Lordship doth order, That the said Order be revi­ved; and doth further Order, That when any Motion shall be made for [Page 253] a Serjeant at Arms,The Counsel moving for a Serjeant at Arms, shall im­mediately in Court deliver to the Register the Commissi­on of Rebelli­on, and tell who is Clerk in Court. the Counsel mo­ving for the same, shall immediately in Court deliver unto the Register the the Commission of Rebellion, and tell who is Clerk in Court, that the Ser­jeant at Arms may have an account of him, where the Contemner lives; and that the Order be drawn up by the Register, and delivered to the Serjeant at Arms or his Deputy, and to no other person whatsoever, they paying for the same, to take out a Warrant thereon, whereby the Party or Parties so in Contempt may be ta­ken into Custody, and be brought into this Court to Answer the same: And that this Order be hung up in the Registers and Six Clerks Office of this Court, that all persons may take notice thereof, and yield obedience to the same accordingly.

IT is this day ordered by the Right Honourable the Lord Keeper of the Great Seal of England, That where any Reference is now, or shall be directed to any of the Masters of this Court; and at any time here­after upon such Reference, any mat­ter of Fact shall be admitted or agreed to before him the said Master, he shall take a Memorandum of the Fact so admitted or agreed to in his Book of Minutes; and the Party so ad­mitting or agreeing, shall subscribe such Minutes, or the Memorandum in the presence of the Master; which Subscription shall be binding and con­clusive to the Party on whose behalf the same was so subscribed, so as that the other side shall not be put to any further proof to make good the same. And it is further ordered, That this Order be hung up in the several Offices of the Masters, Six [Page 255] Clerks and Registers, that all Parties concerned may take notice thereof.

for­bidding all Masters Clerks of this Court, and Examiners Clerks to practise as Solicitors.

Ordo Curiae.

VVHereas there have been for­mer Complaints (and the causes thereof have lately appeared to be still continuing) that the Clerks belonging to some of the Masters of this Court, and also some Exami­ning and Copying Clerks in the Ex­aminers Office, have taken upon them the soliciting of Causes depending be­tween Party and Party in the said Court, so as no person that is a Suitor to the Court can be safe in his Person or Estate where any such Clerks shall be retained as Solicitors against him, which practice of theirs hath, and may hereafter tend to the perverting of Justice, to the great Scandal of the Court; for the pre­vention whereof, and that the Sui­tor [Page 256] may be preserved from suffering by the ill consequences that may hap­pen thereby for the future, the Right Honourable the Lord High Chancel­lor of England, with the advice and assistance of the Honourable the Master of the Rolls, doth hereby or­der, That from henceforth no Clerk belonging to any of the Masters of this Court, nor any Clerk belong­ing to either of the Examiners of this Court, shall take upon him, ei­ther by himself, or any other person under him, the managing or solici­ting any Cause whatsoever, either al­ready commenced, or which shall hereafter be commenced in this Court. And if any person so related to the said Court, or which shall hereafter be so related, shall be found to offend against this Order, they shall not on­ly be suspended their Imployments, but for their Contempts shall stand committed to the Prison of the Fleet; and the Masters of this Court, as also the Examiners are to take care, that all their Clerks do give obedi­ence hereto. And that all persons concerned herein may have due no­tice hereof, his Lordship doth fur­ther [Page 257] order, That Copies of this Or­der be sent to the Publick Officers of the said Masters and Examiners of this Court.