Some Law-Books lately Printed for J. Walthoe. CAses in Chancery, Folo, price 12 s. Daltons' Country Justice, with large Additions, Fol. 14 s. The Practice of all the Courts at Westminster, Octavo, 5 s. A View of all the Penal Laws concerning Trade, to April 1697. 12ᵒ. 3 s. The Method of Pleading by Rule and Precedent, etc. 8ᵒ. 5 s. Trials per Pais, 8ᵒ. 5 s. The Complete Sheriff, with the Office of a Coroner, 8ᵒ. 5 s. The Table of Fees of all the Courts at Westminster, as they were delivered in Parliament, 8ᵒ. 1 s. 6 d. The Modern Conveyancer, or Conveyancing Improved, the Second Edition with Additions, 8ᵒ. 5 s. The Law of Obligations and Conditions, 8ᵒ. 5 s. Blunts La Dictionary, Fol. 10 s. All the Plead and Arguments upon the Qu● Warrant● against the City of London, Fol. 6 s. Ordines Cancellariae: BEING ORDERS OF THE HIGH COURT OF CHANCERY, FROM THE First Year of King Charles I. To this present Hillary Term, 1697. EXAMINED By the ORIGINAL ORDERS. To which is added the RULES and ORDERS Of the COURT of EXCHEQUER. LONDON, Printed by the Assigns of Rich. and Edw. Atkins Esquires, for I. Walthoe, and are to be sold at his Shop in the Middle-Temple Cloisters, 1698. A TABLE OF THE Names of the Orders. A. ACcounts, 201 Affidavits, 15, 91, 207 Amending Letters Patents, 20 Answer, 55, 121, 192 An Act for ascertaining the Fees of the Masters in Chancery, 95 Attachments, 54 B. BBankrupts, 198 Bill, 55, 80, 113 C. Cause's to be set down for hearing, 135, 196 Clerks of the Inrolment, 40 Commissions for examining of Witnesses, 11 Commissions, 55, 132 Contempts, 141 Common Rules, 54 Costs, 80 Contempts, 13, 137, 187 Cursitor, 146 D. DDecrees made with the Assistance of the Judges, 48 Decrees, 56. 142, 213 Demurrers, 62, 117 Depositions, 55, 73, 134, 247 Differences between the Six Clerks and Examiner's, 26 Division of Business of the Six Clerks Office according to the Letters of the Alphabet, 36, 107, 157 Dismissions, 55, 56 E. Examiner's, 3, 64, 73 Examiner suspended, 215 Examination of Witnesses, 38, 72, 125, 154, 204 Exceptions, 123, 209, 175, 234, 236, 239 Examiner's Clerks not to practise as Solicitors, 254 F. FEes, 44 Fees of Affidavit Office, 33 Filing of Affidavits, 58 Filing Bills, 77, 83, 86 Filing Exceptions, 197 Filing Reports and Certificates, 237 H. HEaring Causes, 30, 210, 232 I. Idiots, 70 Imposition on Law Proceed 176, 178 Injunctions, 55, 56 Joint Commissions, 56 Inrolments of Patents, 101 Interrogatories, 216 L. LVnaticks, 70 M. MAsters in Chancery, 70, 144 Motions, 65 Misdemeanours of the Young Clerks, 221, 240, 244 Masters Clerks not to practise as Solicitors, 254 N. NObility Answering, 63 O. Order on Petition, 217 P. PAper Copies to contain 15 Lines, 53 Plague, 24 Paupers, 151 Pauper Writs, 173 Petitions, 49, 151 Persons committed to the Fleet for imbezling Records, 51 Plead, 55 Pleas, 62, 117 Privilege, 6, 31 Privy Seals, 55 Prisoners, 61 Privilege Writs, 100, 173 Proceeding in hearing Causes, 136 Private Order, 231, 240 Q. Quakers, 189 R. REferences, 256 References of Insufficient Answers, 5 Registers Office, 87, 88 Register, 54 Registering Affidavits, 8 Records, 60, 66, 68, 78, 79, 90, 194, 211 Recognizances, 183 Rehearing, 208, 233 Renewed Writs, 173 Regulating the Vnder-Clerks, 222 S. Fix Clerks, 61, 81, 205, 244 Sergeant at Arms, 205, 251 Solicitors, 205 Solicitor Committed for an Assault, 188 Subpoena Office, 85 Subpoena's, 45, 106, 115 Subpoena ad audiendum Judicium, 1, 46, 53 Subpoena ad Rejungendum, 54 Surrender of one of the Six Clerks to the Master of the Rolls, 219 T. TRansferring of Records, 42 U. UNder-Clerk allowed Parchment, 23 Under Clerks, 171, 244 Vnder-Clerks Fees, 161 Usher of the Court, 158 W. WArrants, 55 Writs in Forma Pauperis, 100 A List of the Lord Chancellors, Lord Keepers, and Lords Commissioners of the Great Seal of England, from the First Year of King Charles the First, to the Ninth Year of the Reign of King William the Third. SIR Thomas Coventry was made Lord Keeper of the Great Seal, Nou. 1. in the First Year of the Reign of King Charles the First, 1625. Sir John Finch was made Lord Keeper the 23th of Jan. 13 Car. 1. 1639. Sir Edward Littleton, Knight made Lord Keeper the 23th of Jan. 16 Car. 1. 1640. Sir Richard Lane, Knight, made Lord Keeper the 30th of Aug. 25 Car. 1. 1649. Sir Edward Hid, Knight, made Lord Chancellor of England, the 29th of Jan. 12 Car. 2. 1660. Sir Orlando Bridgman, Knight, made Lord Keeper the 30th of Aug. 19 Car. 2. 1667. Anthony Lord Ashly, Earl of Shaftsbury, Constituted Lord Chancellor of England, the 17th of Nou. 24 Car. 2. 1672. Sir Henage Finch, Knight, made Lord Keeper, the 19th of Nou. 25 Car. 2. 1673. Sir Francis North, Knight, made Lord Keeper, the 22th of Decemb. 34 Car. 2. 1681. Sir George Jefferies, Knight, Constituted Lord Chancellor of England, the 28th of Septemb. 1 James 2. 1685. Sir John Maynard, Sir Anthony Keck, and Sir William Rawlinson, made Commissioners of the Great Seal in Hillary Vacation the First of King William and Queen Mary, 1689. Sir John Summer made Lord Keeper in Hillary Vacation, the Fourth of King William and Queen Mary, 1692. And Constituted Lord High Chancellor of England, the 23th of April, the Seventh of King William, 1695. ORDO CURIAE: OR, ORDERS OF THE Court of Chancery. From the First Year of King Charles the I. to Hillary-Term, 1698. Veneris 30 die Junii, Anno Regni Caroli Regis primo. 1625. Concerning Subpoena's Ad audiendum Judicium. Ordo Curiae. WHEREAS the Right Honourable the Lord Keeper being informed of sundry Abuses, Vide postea. in the untimely and disorderly setting down of the Causes of Hearing in this Court, and the obtaining of Subpoena's Ad audiendum Judicium thereupon, whereby ancient Causes were stopped back from hearing, and other Causes thrust in, to the prejudice of the other Clients, 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 Attorney, 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, than 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 Subpoena 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 notice hereof, shall hereafter observe and perform the said former Order, his Lordship minding to have the same put in Execution in all points. Anno Regni Caroli Regis primo. Ter. Hill. 1625. Touching Examiner's. Ordo Curiae. FOrasmuch as Complaint hath been often made by the Examiner's of this Court, Vide postea, 19 May, 1658. how that after Depositions of Witnesses have been taken before them, between party's 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 Money, or other rewards, either given or suffered other Copies to be made and delivered to the adverse party, his Solicior or Agent, without the Examiner's knowledge, by reason whereof the Examiner's 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 Examiner's, 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 Examiner's Office. It † The Examiner may take our Subpoena's ag inst such as shall be suspected to deliver undue Copies of Depositions to the adverse party his Clerk, or Solicitor to defraud him of his Fees of second Copies, for the Examination of such Offenders, upon Interrogatories, to be executed before the other Examiner, and to be allowed of by a Master of ●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 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 Misdemeanour be committed to the Prison of the Fleet, from whence he shall not be discharged till he hath satisfied the Examiner, Upon a Certificate of the said Master, the Offender to be Committed to the Fleet till satisfaction to the Examiner. for the said undue Copies. Provided, That if the parties drawn in question shall acquit themselves, upon their Examination, that then the Examiner, who called them in by such Process, shall pay such Costs for unjust Vexation, If the suspect party acquits himself, the Examiner to pay Costs. as the Court shall think meet. Mercurii 10 Decembris, Anno Regni Caroli Regis Quarto. 1628. Concerning References of Insufficient Answers. Ordo Curiae. IT is Ordered by the Right Honourable the Lord Keeper, in respect of the great expense 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 Reference, upon insufficient Answer, to be filled within one Month after date of such Refererence. a Report be not thereupon procured and filled in the Register within one Month at the farthest, after the date of such Reference, that the same Reference shall stand absolutely void, by this general Order, without any Motion or special Order to be obtained in that behalf. Or else the Reference to be absolutely void, without Motion or special Order. Martis 22 die Decembris, Anno Regni Caroli Regis Quinto. 1629. Of Privilege. 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 Privilege, unto such as no ways have any dependence 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 Privilege shall be granted to any person whatsoever, but only unto such as are Ministers, Officers, and known Clerks of the Court, No person to have Privilege but Masters, Ministers, Officers, and known Clerks of the Court, and their Menial Servants. and shall be so certified by the Master of the Office where such Clerks writ, 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 Privilege to continue in force no longer unto such Servants, than they shall continue menial Servants: And before any Writ of Privilege 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 Privilege 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 itself. And it is lastly Ordered, That no Writ of Privilege do issue for any menial Servant, until such time as his Writ of Privilege hath been first allowed of by his Lordship, Writ of Privilege, how and by whom to be allowed. as aforesaid. Sabbati 23 Jan. Anno Regni Caroli Regis Quinto. 1629. Concerning Registering 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 Registering 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 entering of any Order, Attachment, Commission, or other Process or Procedings of the Court, grounded upon an Affidavit, except such as properly belong to the Supplicavit Office, till the Affidavit were first Filled and Registered in the Affidavit Office. And notwithstanding special Orders of the Court heretofore made to that purpose, and by Directions both publicly 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 Premises, 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 Proceed of Court thereupon, be brought into the said Office for Registering Affidavits, and be there duly Filled and Registered; All Affidavits, except those that belong to the Supplicavit Office, before they be read in Court, to be first Filled and Registered 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 Council at Law, nor any of the six Clerks, or other Clerks or Officers of this Court, nor any Solicitors of Causes there depending, shall from henceforth offer to read or give in Evidence to the Court, any Affidavit that is not first Filled and Registered 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 proceed, grounded upon an Affidavit, unless the said Affidavit be first Filled and Registered in the Affidavit Office, Six Clerks, Cursitors, Register of the Court, not to pass or enter any process grounded upon an Affidavit, unless they be first filled. 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 Filled and Registered at their Perils. All which particulars their Honours do straighly charge and require to be from henceforth duly observed, that his Majesty's express Commandment therein be not contemned or neglected. Tho. Coventry C. S. Jul. Cesar. Veneris 7 die Martii, Anno Regni Caroli Regis Quinto. 1629. Concerning Commissions for Examination of Witnesses. Ordo Curiae. Whereas Complaint hath been made unto me, by the Examiner's 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 Examiner's 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 Admetus 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 Examiner's 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 Examiner's and their place, who with their Clerks do give daily attendance at the Rolls, as well in the Vacation as Termtime, for the more speedy dispatch of such Witnesses as are to be examined in or near London, upon Causes depending in Chancery; and for the parties to decline the sworn Officers of the Court, constituted for that purpose, without any just exception against them, giveth cause to suspect the same to be done for sinister purposes (Examinations taken in Court being always esteemed better and more indifferent there taken, than by Commission.) I have thought fit, for preventing the said Wrong and Abuse for the time to come, hereby to declare and make known, That I do therefore Order and Require the six Clerks and such their Clerks and under Clerks, who do write Commissions, to forbear to make, or cause to be executed in or near London, any Commission Ad examinandum Testes, The six Clerks or under Clerks not to make or cause to be executed any Commission Ad examinand' Testes, in or near London. in or under my Name, and if any such Commission shall be hereafter made in my Name, I do hereby likewise declare, That I will both disavow the same as Irregular and contrary to Order, and do resolve to question them for doing thereof. All which I have the rather been moved to declare and make known, out of the indifferent and equal respect I bear to all parties, and my care and desire that each Officer under me should contain themselves within their own proper Bounds, without encroaching the one upon the other, that so I may preserve and leave things in the same state and order wherein I found them, without innovation or alteration. At the Rolls this 7th of March, 1629. Jul. Cesar. Jovis 17 die Novembris, Anno Regni Caroli Regis septimo. 1631. Touching Contempts. Ordo Curiae. THE Right Honourable the Lord Keeper finding much inconvenience and prejudice to fall upon divers of his Majesty's Subjects, who are Suitors in this Court, by the undue proceed 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 Sergeant at Arms, before the party against whom the Process made out hath had notice of the precedent Process issued forth against him, which is occasioned by reason the said Processes are oftentimes made unto a County where the Party is not resident, and when it is made 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 Sheriff's 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 Majesty's Subjects, shall do his best endeavour to procure the said Process to be duly executed, He who prosecuteth for Contempt, to do his best endeavour 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 Sergeant at Arms, and shall 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, than 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 Client may have knowledge thereof, that the same may be observed accordingly. Jovis 28 die Februarii, Anno Regni Caroli Regis Octavo, 1632. Concerning Affidavits. Ordo Curiae. Whereas 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 Majesty's 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, or otherwise produced, to ground any Order, Writs, Process, or Proceed of Court thereupon, be brought into the Office of Registering Affidavits, and be there duly Filled and Registered, 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 Filled and Registered 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 Proceed, grounded upon any Affidavits, unless the said Affidavit be first Filled and Registered in the Affidavit Office, as aforesaid, and that all Clerks of the Court, Solicitors of Causes there, should by the end of Hillary-Term than next following, bring into the said Office all such Original Affidavits as should remain in their Hands, and cause the same to be there duly Filled and Registered at their Peril. All which notwithstanding, many Original Affidavits have not been brought into, nor Filled in the said Office, as in and by the said Order was required; but contrariwise, many Affidavits have since been read and used in Court, and Orders and proceed have been thereupon made, drawn up and entered, before the said Affidavits have been Filled and Registered 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 suspicion 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 Premises, It is this present day Ordered, and by their Honours strictly given in charge and commanded, That the said Order of the 23th of January, in the said fifth year of his Majesty's 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 Filled and Registered with the Register of the Affidavits, Filing Affidavits, vide ant● f. 10. and attestation thereof brought and showed 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 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 proceed 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 Filled and Registered, in some due and convenient time after the same be sworn unto, Affidavits to be Filled 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 Majesty's Subjects, in coming so often to inquire 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 allege against the same. And to the end that none may have any excuse of being ignorant hereof, It is lastly commanded, That this Order, being fairly Written, shall be set up in Tables, and so shall remain in the several Offices of the Register of the Six Clerks, and of the said Affidavits. Tho. Coventry. C. S. Jul. Cesar. Lunae 16 die Novembris, Anno Regni Caroli Regis undecimo. 1635. Concerning the amending of Letters Patents. Ordo Curiae. Whereas a Petition was lately exhibited to his Majesty, by Sir Kenelm Digby Knight, the Tenor of which Petition, and the Answer thereunto followeth in these words: To the Kings most Excellent Majesty. The humble Petition of your Majesty's Servant, Sir Kenelm Digby, Knight, Humbly Sheweth; THAT whereas your Majesty was graciously pleased to bestow upon him certain Lands Escheated to your Majesty, by the death of John Calverley Esq; without Heir, part of which Lands lie in the County of Kent, and were so mentioned in the Office found to entitle your Majesty, and in the Bill Signed with your Royal Hand for passing thereof to your Petitioner; but at the Signet Office, by the mistake of the Clerk taking the Letter L for a K, are mentioned to lie in Com. Kank. and by that Error are so mentioned, both at the Privy Seal, and Great Seal, and the Inrolling thereof, which your Petitioner cannot have amended, without your Majesty's special Warrant. Your Petitioner therefore most humbly beseecheth your Majesty to be graciously pleased to give a Warrant, that they may be amended and made agreeable to the Bill Signed, and the Patent after the Amendment thereof new Sealed, as in such cases is usual. And Your Petitioner shall daily pray, etc. At the Court at Salisbury, the 9th of August, 1635. HIS Majesty's Pleasure is, That these Mistake be Amended and made agreeable to the Bill Signed; and the Patent, after the Amendment thereof, new Sealed, as in such Cases is usual, and as here is desired. John Coke. In conformity to which his Majesty's 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 Majesty's 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 Majesty's Attorney 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 Majesty's good Pleasure. And this Order, grounded upon his Majesty's Direction, Amendment of Letters Patents, for a mistake in the Privy Seal, and the Inrolment, and the Original Bill under his Majesty's Hand. shall be a sufficient Warrant to the Clerk and other Officers of the Court to whom it appertaineth for the doing thereof. Tho. Coventry C. S. Jo. Banks. Martis 5 die Januarii, Anno Regni Caroli Regis undecimo. 1635. For Under Clerks being allowed Parchment for Engrossing Decrees, etc. Ordo Curiae. THE Right Honourable the Master of the Rolls having taken Consideration of the Oath Administered 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 Engrossing of Decrees and Dismissions, which are to be Enrolled, which cannot be well proportioned unto them, without sight of the said Decrees and Dismissions, that the Parchment may be allowed and delivered unto them, proportionable to the length of the said Decrees and Dismissions; It is therefore this present day Ordered by his Honour, That it shall be lawful from henceforth for any of the said Under Clerks in the Six Clerks Office, to bring over from the Office into the Chapel 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 Chapel of the Rolls, any Decree or Dismission after the same shall be signed, to be seen by the Usher of this Court, that Parchment may be allowed for the Inrolment thereof. and to no other intent or purpose; which being done, the same are by the said Under-Clerks to be safely returned into the Office whence the same was so taken out as aforesaid, without suffering the same to pass out of their own Hands. Jul. Cesar. Mercurii 15 die Junii, Anno Regni Caroli Regis Duodecimo. 1636. By reason of the Plague. Ordo Curiae. THE Right Honourable the Lord Keeper having taken into his Consideration the Danger of the increasing of the Infection of the Plague, by the assembling of much People together at this time, doth therefore this present day Order, That all unnecessary resort unto his Lordship's 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, than 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 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 signify his pleasure to the contrary. Tho. Coventry C. S. Jovis 3 die Martii, Anno Regni Caroli Regis undecimo. 1636. Touching Differences between the Six Clerks and the Examiner's. Ordo Curiae. WHereas the Examiner's 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 Particulars pretended by the Examiner's to be by the Six Clerks encroached upon the Rights of the Examiner's 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 lose Copies, and the Examiner's claim to write to the Great Seal for the making of their own and their Clerks Attachments of Privilege 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 settling 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 Examiner's to maintain their claim to the said Particulars, did produce a Copy of an Ordinance alleged 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 Examiner's, and likewise produced another Ordinance of the 5th. Car. Regis, made by the now Master of the Rolls, and by way of Precedent divers Orders made for suppressing and superseding such Commissions executed or endeavoured to be executed in or near London; Differences between the Six Clerks and the Examiner's touching Exemplifying Examinations, Attachments of Privilege and Commissions to examine Witnesses within 20 miles of London debated, but not settled; and referred to examination of Precedents. and on the contrary the Six Clerks did now produce by way of Precedent 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 alleged returned into their Offices, and there copied, kept and filled, 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 alleged 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 suspicious and entered into the Book of 36 Hen. 8. of late time by one Bailiff 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 entered in the Register, whether of late time by the said Bailiff, as is pretended by the Six Clerks or no, which if they were so lately entered, 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 Honour's Certificate further Directions shall be given therein: And as for the several Orders and Precedents produced by each party as aforesaid, forasmuch as neither party had seen the others Precedents, 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 Precedents produced by 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 knowledge, 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. Veneris 25 die Novembris Anno Regni Caroli Regis Duodecimo 1636. 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 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 intent 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. Lunae 30 die Januarii Anno Regni Regis Caroli Duodecimo. 1636. Privilege 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: 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 Majesty's Gracious Pleasure, that the said George Mynn notwithstanding the said Sentence and Suspension aforesaid shall have and receive the benefit of his Privilege 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 Privilege. as by the said Certificate under the hand of the Lord Cottington, filled 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 Majesty's 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 Privileges and Pre-eminence of the said Court in such ample manner as the said George Mynn had (and of right aught 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. Martis 24 die Junii Anno Regni Caroli Regis 13tio. 1637. 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, alleging 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 of this Court Interrogatories have been exhibited, and divers ancient Clerks and Practisers 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, etc. 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 is to say for Filing every Affidavit 4 d. for Registering of every Affidavit 4 d. the side, Table of Fees of the affidavit Office for Filing, Registering, Copying, Signing. and certifying 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, Registering, Copying, Signing or certifying of any Affidavit. Provided always, that if the said Table subscribed by the said late Lord Chancellor, and the than 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, than 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. Tho. Coventry C. S. Dud. Diggs. Sabbati 4 die Novembris Anno Regni Caroli Regis 13tio. 1637. 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 King's 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 Plead 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 intent 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 delay and want of oversight thereof during the Vacancy of an Officer in the said place, Division of the Plead, 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 proceed, 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 Plead, 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 proceed which shall happen or aught to be done within or for the said Office according to the Division aforesaid, and receive the due Fees for the same several services in such manner and form as the said Master Caesar himself should, might or aught to have done if he had lived, and that all such business and proceed 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 settled course may be taken therein. Tho. Coventry. Dud. Diggs. Martis 7 die Novembris, Anno Regni Caroli Regis 13. Inter Hugonem ap Richard Lewis, & al' quer' William Owen & al' Defendants. 1637. Touching Examination of Witnesses. Ordo Curiae. WHereas in this cause some Questions did arise touching the cou●se of the Court; whether any new 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 Examiner's 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 Examiner's 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, though 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 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 entered thereupon. Privil' per Exam'. Lunae 18 die Junii Anno Regni Caroli Regis 14. 1638. Concerning the Clerks of the inrolments. Ordo Curiae. WHereas by the Letters-Patents of Incorporation of the Clerks of inrolments 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, as also that all Deeds and Recognizances should within few days after the acknowledgement be Enrolled and duly brought over to the Chapel 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 inrolments, nor any of their Deputies do at any time attend that service; I have thought fit to order, Clerks of the inrolments, or their Deputies to attend their Office, and that Deeds and Recognizances be Enrolled within few days after the acknowledgement. and do hereby order and require the Clerks of inrolments 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 Chapel 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 inrolments immediately to take order that all the inrolments of 11 & 12 Car. or before be brought this ensuing long Vacation into the Chapel of the Rolls according to the ancient manner there to be Filled and Calendred for the service of his Majesty, and the use of his Subjects. Martis 9 die Junii Anno Regni Caroli, Regis 14. 1638. 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; Plaintiff, 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 Filled 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 Filled, 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 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 Plead or Record with them, The Attorney of this Court upon the Filing of any plead or Records with him shall by himself or his Deputy transfer the same to the Attorney of the other side. shall by himself or his Deputy transfer and deliver the same Plead 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 Plead are entered 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, examine and compare the Tituling-Book by them kept, and the Filing-Book kept for the same Office, the one with the other, and certify 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. Ordo Curiae vel Ordo Regis pro Fees. 1638. Concerning Fees. Ordo Curiae. IT is his Majesty's pleasure that the Judges of all his Majesty's Courts at Westminster, Juries in all the Courts to inquire the Fees of the Courts. that have occasion to Impannel Juries of the Officers and Clerks of the same Courts to inquire of matters concerning the same Courts shall Impannel such Juries this Term, and inquire what Fees have been usually taken in such of his Majesty's Courts of Justice by the several Officers of the same Courts for the space of thirty years last passed, upon Certificate whereof his Majesty will take such course for the settling 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 Majesty's pleasure in the Court of Chancery, but to signify the s●me his Majesty's pleasure to the Judges of the other Courts that they may perform the same this Term. The Oath of the Officers that are to inquire of Fees in the Court of Chancery. YOU shall diligently inquire and true Presentment make of all such Fees and payments as now are, and by the space of thirty years last passed have been used to be taken by any Officer, Minister or Clerk of this Court, as belonging or claimed to belong to him or them by reason of his Office, place or Clerkship, and what Fees now taken or claimed have been begun, inhansed, increased or innovated within the space of thirty years, and when, and how long since, and how the same were so begun, innovated, inhansed or increased. Martis 23 die Junii Anno Regni Caroli Regis 16. 1640. 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 of the Rolls, which is a thing proper to be granted by his Lordship, No Clerk shall take out any S●bpaena return. 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 return. immediate without the special command of the Lord Keeper. Veneris 26 die Junii, Anno Regni Caroli Regis 16to. 1640. 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. Orders 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. 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 Attorney 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, than 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 aforesaid, observe and perform the aforesaid recited Order, without putting the said Six Clerks to make further Complaints to his Lordship for breach thereof. Jo. Finch C. S. Sabbati 23 die Januarii Anno Regni Caroli Regis 22. 1646. 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 entered 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. Lunae 26 die Aprilis Anno Regni Caroli Regis 23. 1647. 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 proceed therein grounded upon Petitions Signed by their Honours, or by the Master of the Rolls, without Filing such Petitions with the Register, and entering Orders thereupon, whereby divers persons have been put to trouble and charge unwarrantably, and the said Petitions and the Process and Proceed thereupon have been discharged for want of entering 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 Proceed 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 Proceed thereupon, 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 until such Petition shall be first Filled with the Register, and an Order entered thereupon. or other Process of this Court, nor proceed or admit of any Proceed 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 Filled with the Register, and an Order drawn and entered thereupon, to the end the Suitor may know whither to resort to see the Warrant for such Process and Proceed: And their Honours do declare and Order that all such Subpaena's, Process and Proceed, as shall at any time hereafter issue and be had upon such Petition, being not Filled, nor any Order entered 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. Martis 19 Octobris Anno Regni Caroli Regis 23. 1647. 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 embezzled the Records of the Court. having been informed of a great abuse and misdemeanour 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. Ordinances received and provided this Hillary Term, Anno Caroli Regis 22. 1646. by the Right Honourable Edward Earl of Manchester, Speaker of the House of Peers pro tempore, and the Honourable William Lenthall, Esq; Speaker of the House of Commons, and Master of the Rolls, Commissioners for the Great Seal of England, for the Redress of sundry Disorders in Proceed in Causes and of other Abuses of late crept into his Majesty's High Court of Chancery. FOrasmuch as by undue Proceed 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 settled 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 Proceed in Chancery, shall take further care thereof: This Court upon due 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 reform, and for prevention of abuses for time to come, in the practice and proceed 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 Solicitor. 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 party's 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 Filled before a Subpaena ad Rejungendum shall issue out. No fruit shall be taken of any Subpaena ad rejungendum, unless there be a replication first entered with and Filled 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 Filled 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 entered 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 entered with the Six Clerk to whom the said Rule is proper to be given. 5. No Bill, Answer or Plead shall be Copied till they be duly filled. No Bill, Answer, or other Plead shall be Copied before they be duly Filled, 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 returned 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 Engrossed, Enrolled, Copied, etc. by the under-Clerks at their Chambers, and so soon as they are Ingrossed, Copied, or Enrolled, than he shall bring the Original Bill to the Six Clerk. No Bill, Privy Seals, Commissions, Warrants, or other Plead, Commission, Decrees, Dismissions, Injunctions or Records whatsoever shall from henceforth be carried to be Engrossed, 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, Enrolled, Copied, or used any such Warrants, Plead, 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 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, etc. 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 entered 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 entered 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 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 Counsellors, Clients, Clerks, and Solicitors, may the better take notice of them to observe them, and that they be likewise entered with the Register of this Court. Rec. 21. Jan. 23 Car. & Intrac. tunc. E. Manchester C. S. William Lenthall C. S. William Lenthall Mag. Rot. Lord's Commissioners. Sabbati 26. die Maii Anno Regni Caroli Regis 25. 1649. 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. Lunae 26 die Novembris Anno 1649. Concerning Injunctions. Ordo Curiae. WHereas heretofore the course of the High Court of Chancery hath been, when the Defendant or Defendants pray a Dedimus Potestatem, to answer in the Country upon motion made by the Plaintiff, the Court did 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 Attorneys 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 expressed 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 as before is expressed, it shall be void and of no effect. B. Whitlock C. S. R. Keble C. S. Jo. Lisle C. S. W. Lenthall C. S. Sabbati 8 die Decembris, Anno 1649. Touching Records. Ordo Curiae. IT is this day Ordered by the Honourable the Master of the Rolls, that the Records of this Court until 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 Chapel of the Rolls. be tranferred over to the Chapel of the Rolls to be safely kept there according to the usual course, and all the Calendar thereunto belonging, that may be had between this and the beginning of next Term. And it is also Ordered that the Clerks of the Chapel 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. William Lenthall C. S. Lunae 1. Aprilis Anno 1650. Concerning Prisoners. Ordo Curiae. IT is this day Ordered by the Right Honourable the Lord's 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. Veneris 21 die Junii 1650. 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 entering 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 and service to this Court at the beginning of that Cause, be fined 10 s. apiece to the Poor, and the Usher of this Court is to receive the same to the use aforesaid. Lunae 17 die Febr', Anno 1650. Pleas and Demurrers. Ordo Curiae. THe Right Honourable the Lord's Commissioners for the Custody of the Great Seal of England, taking notice of many inconveniences by the entering 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 surprised; 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 entered, 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. Jovis 31. die Decembris Anno Regni Car' Regis 16. 1640. 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 Peers So 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 Judge's 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 entered or practised to the 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. Jo. Browne, Cleric' Parl'. Lord's Commissioners. Wednesday the 15th of Octob. 1651. Concerning Examiner's. Ordo Curiae. UPon motion this day made unto the Right Honourable the Lord's Commissioners for the Custody of the Great Seal of England, by Mr. Rich, and Mr. Raven on the behalf of the Examiner's 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 Examiner's to attend them with the Orders and Precedents 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. Lord's Commissioners. Friday the 18th of June 1652. Concerning Motions. Ordo Curiae. WHereas heretofore, Thursday in every Week in the Termtime was appointed by the Right Honourable the Lord's Commissioners, etc. 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 Termtime to be observed for motions only. Thursday in every week in the Termtime (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 notice thereof, and not to tender or procure any Cause to be set down for hearing on that day. Thursday the 16th of March, 1653. 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 Plead, 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 Plead which they have in their several custodies, or have delivered out to be copied, and which ought to have been turned over and filled before this time, to the end they may be all forthwith filled 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 Plead in due time, and that no Clerk hereafter presume upon any pretences whatsoever, to Copy any Bill, Answer, or other Plead before they be duly filled; Bills, Answers and Plead to be duly filled, and no Copies to be taken thereof till they are filled. No Record to be carried out of the Office to be filled. 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: 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. William Lenthall. Order of the Master of the Rolls. Thursday the 29th of June, 1654. Concerning Records to be brought into the Chapel 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 Chapel 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, and the Clerk of the Petty-Bag to bring into the Chapel of the Rolls all such Inrolments, Inquisitions and Records as have been usually brought into the Chapel of the Rolls, Clerk of the Inrolments and of the Petty-Bag, Inquisitions and Records to be brought into the Chapel of the Rolls. and are not yet brought, and are now in any of your respective Custodies, together with the several and respective Calendars thereof, fairly written and delivered to myself, 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 Precedents 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. William Lenthall. Monday the 23th of July, 1655. Concerning Idiots and Lunatics. Ordo Curiae. IT is this day ordered, That no Order, Affidavit or Certificate touching any Idiot, Lunatic, or Non Compos Mentis, shall be made use of in this Court, unless the same be filled with Mr. Shadwell the Clerk of the Custodies Order, Affidavit, or Certificate touching any Idiot, Lunatic, Non Compos Mentis, to be filled 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. N. F. C. S. J. L. C. S. Thursday the 9th of October, 1656. 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 any manner of Act as Masters of Chancery within the City of London, or five mile's compass thereof; Master's 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 Lord's 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 Master's Extraordinary, when they certify any Answer, Affidavit, Deed or Recognizanc, shall therewith also certify 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 certify 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 mile's compass thereof, such Affidavit, Answer, Deed or Recognizance shall not be admitted filled or enrolled without the special Licence of the Lords Commissioners or Master of the Rolls. And that this Order be entered in the Register of this Court, and Copies thereof set up, and from time to time renewed and preserved for public 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. Monday the 16th of February, 1656. Of Examination of Witnesses. Order of the Court. THe Right Honourable the Lord's 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 examine 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 Plaintiff in any Cause depending in this Court, may have liberty to examine his Witnesses in Court as he shall see cause. Wednesday the 19th of May, 1658. 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 Examiner's, and several Suitors of this Court, of the great injury and prejudice that hath been done to them by Under-Clerks and Solicitors, 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 Examiner's, the same Copies have been altered in divers places, and material parts 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 Examiner's 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 Examiner's 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 Examiner's, have delivered the said wastefully written Copies to the adverse party, pretending the same are true Copies taken out of the Examiner's Office; and have demanded and received of the Client the Examiner's Fees for the same, and shared the moneys 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 Judgement, and the Examiner cozened 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 falsely made, out of design to ruin the adverse party, and are generally ill and loosely written, being supposed by the party, who paid for them, and by all others who take notice thereof, to be taken out of the Examiner's 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 Premises into his consideration, doth think fit and order, That if at any time hereafter it shall probably appear to the said Examiner's, or either of 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 misdemeanour 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 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. Mr. Justice Windham, Mr. Hobart, Mr. Gyles. Friday the 25th of June, 1658. 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 Proceed 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 filled, 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 filled 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, than the party in whose default it is, shall pay very good costs in respect thereof. Monday the 19th of July, 1658. 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 Chapel 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 examine the Extracts with the Rolls, and send the Extracts into the Exchequer, and the Patent Rolls into the Chapel 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 Chapel of the Rolls. with their Warrants, at or before Trinity Term next ensuing; and the Six Clerks do also immediately send into the Chapel 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. Will. Lenthall. Monday the 19th of July, 1658. 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 Chapel of the Rolls, as formerly have been used to be done, Records to be brought into the Chapel of the Rolls and examined. his Lordship doth hereby order and require, that the Clerk of the Inrolments do bring over into the Chapel 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 Chapel 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 Calendars and Entries of them, that so they may be ready for the service of his Highness, and the benefit of the Commonwealth. Will. Lenthall. Master of the Rolls, Sir Nath. Hobart, Mr. Escott. Saturday the 30th of October, 1658. Concerning Bills and Costs. Ordo Curiae. WHereas upon the motion of Mr. powel, 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 proceed, 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 entered therein by him, and what other public Books concerning proceed 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 proceed in Causes in this Court, which he had at the time of the making this Order, or any time before, together with the Bills therein entered, to his Lordship upon Thursday next, whilst he is sitting in his Court in the Chapel of the Rolls, or else to show good cause to the contrary, or in default thereof to stand committed to the Prison of the Fleet. Friday the 18th of February, 1658. Concerning the Six Clerks. Order of the Court. Whereas 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 proceed of the Court, to the prejudice of the Clients there attending their Causes. For prevention whereof, and settling the matter for the present till further order, and 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. N. F. C. S. J. L. C. S. B. W. C. S. Lord Keeper Mr. William Lenthall. Monday the 16th of May, 1659. Touching filing of Bills. Order of the Court. Whereas 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 Plead 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 filled; 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, entered and filled with the Six Clerks according to their several dates. Answers Plead and Records to be entered and filled. 1657. which are not entered and filled with the Six Clerks be forthwith brought unto the Six Clerks to be entered and filled according to their several dates. And that all Answers, Plead and Records whatsoever shall forthwith be likewise entered and filled with 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 Plead 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 entering Bills, Attachments, Rules and Costs to the great disturbance of the Proceed 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. Will. Lenthall, C. S. Lord Keeper. Saturday the 21th of May, 1659. Subpoena Office. Order of the Court. Whereas I am informed that, Writs to examine Witnesses in perpetual memory, Writs of Deuces Tecum, and Writs to show 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 accrue not only to the Subpaena-Office itself, 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 Deuces tecum, Writs to examine Witnesses in perpetual Memory, Writs of Deuces tecum, Writs to examine Witnesses in perpetual Memory, or Writs to show cause on Orders to be made by the Clerk of the Subpaena-office only. or Writs to show Cause on Orders, but that they be made by the Clerk of the Subpaena-Office, as formerly hath been accustomed. Will. Lenthall, C. S. Lord Keeper. Monday the 30th of May, 1659. Concerning Filing Bills. Order of the Court. Antea 83. Whereas 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 entered and filled 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 filled with the Six Clerks at the time of issuing out of any such Process, nor to discharge any Costs duly obtained for want of due filing All Bills to be brought into the Clerk in the Six Clerks Office to be entered and filled 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 filled, nor to discharge any Costs for want of due filing. of any such Bills with the Six Clerks, but for supporting of Injunctions and other Proceed upon the merits of the Cause. And it is ordered by his Lordship, That all Bills and other Proceed brought, or to be brought unto the Clerk in the Six Clerks Office for the future, shall be entered and filled with the Six Clerks, according to the ancient use and custom of the Court. Monday the 16th of April, 1660. An Order between Walter Long Esq; and the Lady Jermyn touching the Registers Office in Chancery. THe said Parties appearing before us this day, upon complaint made by the Lady Jermyn, that Mr. Long had lately taken divers Books out of the said Office, and carried them to another Place, so as the business of the Office is hindered. Order to be heard by Council touching taking of Books out of the Office. And Mr. Long now desiring time to be heard by his Council; it is ordered that both sides attend as to be heard herein on Thursday next, and in the mean time the business of the Office is to be done by the usual persons, and in the usual place. T. W. C. S. T. J. C. S. Lord's Commssioners. Thursday the 19th of April, 1660. Pursuant of the former Order. WHereas complaint hath been made to your Lordships, that several Books and Papers belonging to the said Office, have by force been lately taken away from thence by Walter Long Esq; accompanied with one Robert Smith, and others his Assistants therein, and carried away to another place, whereby the business of the Court hath been, and is hindered; 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 Council attending. Upon debate of the matter, and hearing what was offered on all Sides, their Lordship's having respect to the business of the Court, and that the same may be carried on, and dispatched without interruption, do think fit, and so order, Mr. Long to bring back the Books which he had removed, into the Registers Office. that all the Books and Papers so removed, and by force taken and carried away out of the Registers Office aforesaid, by the said Mr. Long, and his Agents, and Assistants, and also the Book or Books seized upon, and taken away by one Lanselot Emot and his Assistants, and since delivered over to the said Mr. Long, be by him the said Mr Long brought back, and delivered into th● Registers Office in Symonds-Inn in Chancery-Lane, before Saturday the 28th instant, there to remain, and be disposed into the hands of those persons who formerly had the same in their custody. And their Lordships do further order and declare, That for the time to come, and until further order, the business of the Office shall be done by the usual persons, and in the usual place aforesaid; for which their Lordships do understand that a Rent hath been constantly paid, whereunto Mr. Long, or any for him, may have free liberty of access. And as to the Order of the 19th of October last made on the behalf of Mr. Long, their Lordships do declare, that they will take the same into their consideration at the first General Seal after Easter next. And do further order and declare, That all persons concerned with their Council, do then attend touching the same. And their Lordships do further declare, That this Order shall be without prejudice to the Right, Title, or possession of any person or persons concerned in the said Office, or pretending any Right thereunto. And that the same is not intended by their Lordships to hinder or prejudice the said Reference, or any Order or Award to be made by the said Referees This Order not to prejudice any Reference or Award to be made by the Referees. therein, but only that the Affairs of the said Office may be carried on peaceably without disturbance, for the good and benefit of the people, which they looked upon as a thing of present necessity, and as a duty incumbent upon their Lordships. T.W. C.S. T.J. C.S. Thursday the 21th of June, 1660. Concerning Records. Order of the Court. WHereas Nicholas Strode Esq; is duly sworn, Vide ante 5 Car. 1. and admitted one of the Examiner's of this Court, and is kept from the Execution of the said Office by one Robert Shires Esq; who detains the Exhibitants Records and 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. Shires, 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. Ed●. Hyde C. S. Sabbati 15 die Novembris, Anno Regni Caroli secundi Regis 12. 1660. 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 Registering 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 both publicly, 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 filled and registered in the Affidavit Office, and attested by a Copy thereof under the Officers hand▪ or otherwise produced to ground any Order, Writs, Process or Proceed of Court thereupon be brought into the said Office of Registering Affidavits, and be there filled and registered. 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 filled and registered. 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 whatsoever granted upon any Affidavit, unless the Affidavit be first filled and registered with the Register of the Affidavits, and attestation brought and showed 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 handsomely 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 proceed 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 filled and registered in some due and convenient time To be filled and registered in ●ue and convenient time. after the same be sworn unto, and before use be made thereof in Court, as well to prevent the vexation and trouble of His Majesty's Subjects in coming so often to inquire 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 Council to inform the Court of any cause of Exception they may have to allege 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 filled and registered 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. E. H. C. Har. Grimstone. Anno 13 Car. II. Reg. An Act for ascertaining and establishing of the Fees of the Masters of the Chancery in Ordinary. WHereas the Office of the Masters in Chancery is of very ancient Institution, and of necessary use, and continual attendance for the dispatch of the business depending in that Court; it appearing by ancient Records, that the constitution of that Court was long before the Conquest, much of the Duty, Pains and Attendance whereof lieth on the said Masters; and for that it conduceth much to the Administration of Justice, that those who exercise places of Trust, should have competent and certain rewards, suitable to their pains and labour, whereby they may have due maintenance to support the quality of their Places, and that it is but fitting and necessary for the Subject to allow a moderate payment, where they receive a proportionable advantage; a Fee of four pence, in times of that Antiquity, being as much in value as two shillings now; by reason whereof in process of time, and the improved rate of all necessaries, the present recompense of those ancient Offices is no way competent and proportionable to their pains and attendance, which are likewise very much increased, without any increase hitherto of what was so anciently allowed as aforesaid: And for that it appears in all other Courts at Westminster, there is twelve pence taken for every Affidavit, and for that it hath been found inconvenient for Suitors to put in Answers, or return Commissions in the private Studies of the Masters, so that through the difficulty of finding such Answers and Commissions with what Master they were left, or through the Master's absence at such time as they were called for, it frequently happens the persons conceived to be in contempt, are exposed to much trouble and charge thereby; and for that it is more proper, safe and satisfactory to the Subject in general that Affidavits, Answers, Recognizances and Acknowledgements of Deeds shall be dispatched in some public, certain and open place, where the persons that do the same, may be seen and known, rather than in private Studies or Houses, for the more proper and solemn dispatch of the aforesaid business, and for the better encouragement of the aforesaid Masters in the due discharge of their places; be it enacted by the Kings Most Excellent Majesty, by, and with the advice and consent of the Lords and Commons assembled in Parliament, and by the Authority of the same, That from, and after the three and twentieth day of October, in the present year of our Lord 1661. there shall be one Public Office kept, and no more, as near to the Rolls as conveniently may be, in which the Masters, some, or one of them shall constantly attend for the administering of Oaths, caption of Deeds and Recognizances; and the dispatch of all matters incident to their Office; references upon Accounts, and insufficient Answers only excepted from the hours of seven of the Clock in the Morning until twelve at Noon; and from two in the Afternoon until six at Night; and that from henceforth it shall and may be lawful, to and for the Masters of the Chancery in Ordinary now being, and which hereafter for the time to come shall be, to demand and take the several Fees hereafter expressed, that is to say, For every Affidavit, or Oath taken in the Office, 12 d. For every Bill of Costs to be taxed by them for the Plaintiffs, not putting in his Bill, or not proceeding to Reply, or for the Defendants not Appearing in due time, 2 s. 6 d. For the acknowledgement of every Deed to be enroled, 2 s. For the caption of every Recognizance, 2 s. For every Exemplification examined by two of the said Masters, to each of the said Masters who shall examine the same, for every Skin of Parchment so examined, 2 s. For every Report, or Certificate to be made in persuance of any Order made upon the hearing of the Cause, 1 l. And for every other Certificate, or Report of any Order made upon Petition or Motion only, 10 s. to be paid by the party that takes out the Report or Certificate, 10 s. Any Law, Statute or Custom to the contrary hereof in any wise notwithstanding. And be it further enacted by the Authority aforesaid, That if the said Masters of Chancery, or any of them shall hereafter, directly or indirectly, by any Act, Shift, Colour or Device, have, take or receive any Money, Fee, Reward, Covenant, Obligation, Promise, or any other thing for his Report, or Certificate in Writing or otherwise, or for any other the matters in the Act expressed, other than the respective Fee or Fees in the Act before mentioned, that then every such Master, being thereof legally convicted, shall thenceforth be disabled from the execution of his said Office of Master of the Chancery in Ordinary, and also shall forfeit and lose for every such Offence, to the party grieved in that behalf, so much Money as he or they shall take contrary to this present Act; and moreover shall lose and forfeit 100 l. Sterling, whereof one moiety shall be to our Sovereign Lord the King, His Heirs and Successors, and the other moiety to the party grieved in that behalf, who shall sue by Action of Debt, Bill, Plaint, Information or otherwise, in any of the King's Courts, for the recovery of the same; in which Action no Essoign, Protection or Wager of Law shall be allowed. Mercurii 12 die Feb. Anno Regni Caroli II. Reg. 14. 1662. Privilege 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 privileged 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 privileged persons, Privilege 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 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. Mercurii 20 die Aug. Anno Regni Caroli II. Regis 14. 1662. 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, showing, that it having been their ancient and undoubted Right to enrol 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 enrolled. But upon hearing the Six Clerks he had no relief, but the Six Clerks 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, certify the said late King, under his Hand, that it was the Right of the Six Clerks to enrol all Warrants for Parents whatsoever; and that it was the right of the Clerk of Inrolments to enrol all Recognizances, etc. 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 enrol 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 Leases, that lately passed the Great Seal, to them, to be enrolled. And therefore they humbly prayed his Lordship to order Mr. Kipps to deliver the said Warrants to the riding Clerk to be enrolled, 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 certify 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 Lordship's 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 enrolled, I have heard them; and Hains, with his Council, 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 show that ever any of the said Patentees did enrol any Warrants for Grants, that pass the Great Seal; nor do any words, as I conceive in his, or any former Patents mentioned by him, extend to the inrolment of any such Warrants. The Six Clerks further made it appear, that Edward Basely, the late Patentee, petitioned the lat King against them in 1634. concerning the inrolments 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 enrol all manner of Warrants for Patent Leases, etc. whereby the said Patent Leases, etc. pass the Great Seal; Six Clerks to enrol all Warrants for Patent Leases, etc. whereby the Patend Leases, etc. 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, ratify and confirm the same. And it was therein declared to be His Majesty's pleasure, that the said Warrants shall be delivered from time to time by him or them, in whose custody they shall remain, to the Six Clerk, who shall be riding Clerk for the time being, to the end the said Warrants might be enrolled: 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 enrolled the said Warrants; and before, and ever since have received the Fees due for the same. All which I humbly submit to your Lordship's grave consideration; as by the said Report, remaining filled with the Register of this Court appeareth. Har. Grimstone. And his Lordship having perused the said Report, doth declare his Concurrence in Opinion with the Master of the Rolls, and doth therefore order and appoint the said Mr. Kipps to deliver out the said Warrants to be enrolled, as by the said Petition is desired. Master of the Rolls, Sir. Tho. Estcott, Sir. Mondeford Bramstone. Lunae 25 die Januarii, Anno Regni Caroli II. Regis, 15. 1663. Concerning Subpaena's. Ordo Curiae. FOrasmuch as this Court was this day informed by His Majesty's Attorney General, that one John Hungerford hath forged, made and counterfeited Subpaena's, and that he hath put Seals thereon, like unto those sealed with the Great Seal, as by two several Affidavits, now produced and read in Court appeared. And further informing, that one Theophilus Aylmer had lately bespoke, paid 18 s. for, and had from the said Hungerford one forged and counterfeit Subpaena for 51 l. 13 s. 4 d. Costs in a Cause depending in this Court between Sharp and Brooks; which coming to be examined before the Master of the Rolls, he committed the said Hungerford and Aylmer for such misdemeanour, contempt and abuse of this Court, unto the Prison of the Fleet, Punishment of those that forge Subpaena's. who are still in Custody. It was therefore prayed, that the said Hungerford and Aylmer may be punished, and made exemplary for such their Misdemeanour, Abuse and Contempt of this Court, and his Majesty's great Seal. Whereupon it is ordered, that the said Hungerford and Aylmer be brought into this Court, when the Right Honourable the Lord High Chancellor of England doth sit in Court; and in the mean time the Register is to search Precedents of what hath been done by the Court in punishing Offences of like nature. Mercurii 18 die Julii Anno Regni Caroli II. Regis 18. 1666. Touching the Business of the Court divided according to the Letters of the Alphabet. Ordo Curiae. THe Right Honourable Edward, Earl of Clarendon, Lord High Chancellor of England, and the Honourable Sir Harbottle Grimstone Baronet, Master of the Rolls, taking into their Consideration the manifold disorders, and undue practices which in the late times have crept into the Six Clerks Office, to the great dishonour of this Court, the obstruction of Justice, the damage of the Client, and confusion and loss of the Records, and the several ways of redressing the same. And having divers times heard the Six Clerks and their Under-Clerks concerning the settlement by division of Letters, formerly (to this end) ordered by the Lord Coventry, late Lord Keeper of the Great Seal, and after long deliberation, and several conferences with some of the Reverend Judges, and of the King's learned Council finding no expedient so equal and effectual for the due filing and easy search of the Records, and the orderly proceed, and quiet dispatch in all Causes, nor so proper to prevent the mislaying and the imbezling the Records, ●eceiving; filing, bundling of Bills, Answers, etc. 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 extreme 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, Plead, and all Proceed 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 Plead of Clients in Causes wherein the Plaintiffs, or first Plaintiffs Surname shall begin with A. B. C. D. F. or Y. and all Proceed thereupon in the said Six Clerks Offices be from henceforth received, filled, 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 Plead of Clients in Causes wherein the Plaintiffs, or first Plaintiffs Surname shall begin with E. G. H. J. K. L. M. N. or O. and all Proceed thereupon in the said Six Clerks Offices be from henceforth received, filled, 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 Plead of Clients, in Causes wherein the Plaintiffs, or first Plaintiffs Surname shall begin with P. Q. R. S. T. V W. X. or L. and all other proceed thereupon in the said Six Clerks Offices be from henceforth received, filled, 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 proceed thereupon be revived, filled, 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, Plead and Proceed 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 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 certify 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 licence which the inferior 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 writ, 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 Clerks Every 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, falsify, corrupt, raze or deface any Bills, Answers, Plead, 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. Orders heretofore used in Chancery: With such Alteration and Additions as the Right Honourable Edward Earl of Clarendon, Lord High Chancellor of England, with the Assistance of the Honourable Sir Harbottle Grimston, Baronet, Master of the Rolls, have thought fit to Ordain. Bills. THat no Counsellor do put his Hand to any Bill, How Counsellors are to demean themselves in drawing Bills. Answer or other Pleading, unless it be drawn, or at least perused by himself in the Paper-draught before it be Ingrossed (which they shall do well for their own discharge, to sign also after perusal) and Counsel are to take care that the same be not stuffed with the repetition of Deeds, Writings or Records in haec verba; but the effect and substance of so much of them only as is pertinent and material to be set down, and that in brief terms, without long and needless traverses of points not traversable, tautologies, multiplication of words, or other impertinencies, occasioning needless prolixity, to the end the ancient brevity and succinctness in Bills and other Plead may be restored and observed; much less may any Counsel insert therein matter merely criminal or scandalous, under penalty of good Costs to be laid on such Counsel, to be paid to the party grieved, before such Counsel be heard in Court. If there be matter scandalous in a Bill, Bill scandalous. a Master of Chancery is to expunge it, and to tax Costs for the Party scandalised; but if on such reference the Master Reports the Bill not scandalous, the Party procuring such reference shall pay Costs to the Plaintiff for such his reference. That all Bills be dated the same day they are brought into the Six Clerks Office, Bills to be dated the same day they are brought into the Office. and that no Six Clerk presume to antedate any Bill, and that no Under-Clerk presume to keep any Bill by him, but with the first opportunity deliver the same to the Six Clerk or his allowed Deputy, in his absence to be accordingly filled. No Bill, Answer, or other Pleading shall be said to be of Record, or to be of any effect in Court, until the same be filled with such of the Six Clerks with whom it ought properly to remain. Subpoena's. THat all Plaintiffs may have liberty to take forth Subpoena's ad respondendum, before the filing of their Bills, if they please, notwithstanding any late Order or Usage to the contrary. That every Subpoena to Answer, How every Subpoena is to be served. Revive, Review, Rejoin, to Testify or to hear Judgement, shall be served personally, or left at the Defendants dwellinghouse, or place of Residence, with one of the Family. And no Clerk of this Court shall issue any Attachment for not appearing, but upon Affidavit first made, Affidavit to be made of the Service. positive and certain of the day and place of such Service of the Subpoena, and the time of the Return thereof, whereby it shall appear that such Service was made, if in London, or within twenty miles thereof four days at the least, excluding the day of such Service: Attachment for not appearing. and if above twenty miles, then to have been eight days before such Attachment entered; and that such Attachment shall not be discharged, but upon payment of usual Costs, and so the succeeding Costs to be double. Note, That a Subpoena for to hear Judgement is to be served How a Subpoena to hear Judgement ought to be served. personally, or to be left at the House of the Party with one of the Family, save that you are to give fourteen days notice exclusive before the time to hear Judgement; but if it be in the short Vacation between Easter and Trinity Term, you are to give but ten days notice, because of the shortness of the Vacation. How a Subpoena for Costs to be served. Now there is also a Suboepna for Costs, not mentioned amongst the Subpoena's in the general Rule, which is also to be personally served because of demanding of the Costs thereby required, and you cannot serve it otherwise unless you have the Order of the Court on an Affidavit that you cannot find the person to serve him personally to leave it with the Clerk in Court, or otherwise, as the Court on a Motion or Petition shall direct, and that deemed good if personally served. Now because there is so frequent Mistakes made to the great prejudice of the Plaintiff, in serving of Subpoena's, it is not amiss if you understand how to serve it rightly; How to serve a Subpoena rightly. Now if the Subpoena be against only one than you may leave the Body at such person's place of abode, or serve him with the Label if you meet him personally; but if one or two more are in the Subpoena, two are to be served personally, and the Body under Seal showed to them at the time of such service, and the Body may be served personally or left at the House, as you please, of the other person. Pleas and Demurrers. FOrasmuch as the Defendant being served with Process to answer, may by advice of Counsel upon sight of the Bill only be enabled to demur thereunto, if there be Cause, or may by like advice be enabled to put in any just Plea which he hath in disability of the person of the Plaintiff, or to the Jurisdiction of the Court: It is therefore ordered, that such Demurrer or such Plea in disability, or to the Jurisdiction of the Court, Demurrer or Plea in disability, or to the Jurisdiction of the Court. under the Hand of Counsel learned, shall be received and filled, although the Defendant do not deliver the same in person, or by Commission. And therefore if the Defendant shall pray a Commission, and thereby return a Demurrer only, or only such a Plea which shall be afterwards overruled, the Defendant shall pay five Marks Costs: And although it be allowed, the Defendant shall have no Costs in respect of the Plaintiffs needless trouble occasioned by such Commission. Every Demurrer shall express the several Causes of Demurrer, Every Demurrer to express the Causes of Demurrer. and shall be determined in open Court. And such Pleas also as are grounded upon the Substance and Body of the Matter, or extend to the Jurisdiction of the Court, shall be determined in open Court; and for that purpose the Defendant is to enter the same with the Register within eight days after the filing thereof; To be entered with the Register within 8 days of the filing. or in default of such Entry made, the same shall be disallowed of course, as put in for delay. And the Plaintiff may then take out Process to enforce the Defendant to make a better Answer, and pay 40 s. Costs; and the same shall not afterwards be admitted to be set down or debated, unless upon Motion it shall be ordered by the Court: And if any Cause of Demurrer shall arise and be insisted on at the debate of the Demurrer (more than is particularly alleged) 'Cause of Demurrer which is sufficient to dismiss the Bill which was not particularly alleged. yet the Defendant shall pay the ordinary Costs of overruling a Demurrer (which is hereby ordered to be five Marks Costs) if those Causes which are particularly alleged be disallowed: Although the Bill, in respect of that particular so newly alleged, shall be dismissed by the Court. A Plea of Outlawry, Plea of Outlawry when good or not. if it be in any Suit for that duty, touching which Relief is sought by the Bill, is insufficient according to the Rule of Law, and shall be disallowed of course, as put in for delay: And the Plaintiff may notwithstanding such Plea, take out Process to enforce the Defendant to make a better Answer, and pay five Marks Costs; otherwise a Plea of Outlawry is always a good Plea, so long as the Outlawry remaineth in force: And therefore the Defendant shall not be put to set it down with the Register. And after the said Outlawry reversed, the Defendant upon a new Subpoena served on him, and payment unto him of 20 s. Costs, shall answer the same Bill, as if such Outlawry had not been: But if the Plaintiff conceive such Plea of Outlawry throrough Mispleading, or otherwise to be insufficient, he may, upon notice given to the Clerk on the other side, set it down with the Register, to be debated with the rest of the Pleas and Demurrers in course: But if the Plaintiff shall not in such case enter it with the Register within eight days after the same shall be filled, the Defendant may take out Process against the Plaintiff for his ordinary Costs of five Marks, as if the same had been heard. The dependency of a former Suit for the same Matter, Plea, depending of a former Suit for the same matter. is also a good Plea, and therefore the Defendant shall not be put to set it down with the Register: But if the Plaintiff be not satisfied therewith, the same shall be referred to one of the Masters of the Court to certify the truth thereof, and if it shall be determined against the Plaintiff, he shall pay five pounds Costs to the Defendant. But if such Reference shall be procured by the Plaintiff, and if a Report thereupon within one Month after the filing of such Plea, than the Bill to stand dismissed of course, with the ordinary Costs of seven Nobles. If after a Suit commenced at the Common Law, or any other inferior Court, a Bill shall be exhibited in this Court to be relieved for the same Matter, the dependency of the former Suit shall be admitted as a good Plea, and the Defendant not to be put to motions for an Election or Dismission, and that Plea shall be proceeded in, as in case of a Plea of a former Suit depending in this Court for the same Matter. After a Contempt duly prosecuted to an Attachment with Proclamation returned, no Commission to answer shall be made, nor no Plea or Demurrer admitted, but upon Motion in Court, After Attachment with Proclamation returned, no Commission to answer shall be made, nor no Plea ordered, but upon Motion. and Affidavit made of the Parties Inability to travel, or other good Matter, to satisfy the Court touching that delay. Answers. AFter a Commission once obtained to answer, no second Commission shall be granted without special Order No Second Commission to answer, without special Order. of Court, upon good reason shown to induce the same, or the Plaintiffs own assent. An Answer to a Matter charged as a Defendants own Fact, Answer, how to be drawn. must regularly be without saying, To his remembrance, or As he believeth, if it be laid to be done within seven years before, unless the Court upon Exception taken shall find special Cause to dispense with so positive an Answer: And if the Defendant deny the Fact, he must traverse or deny it (as the Cause requires) directly, and not by way of negative pregnant. As if he be charged with a Receipt of a Sum of Money, he must deny or traverse that he hath not received that Sum, or any part thereof, or else set forth what part he hath received. And if a Fact be laid to be done with divers circumstances, the Defendant must not deny or traverse it literally, as it is laid in the Bill, but must answer the point of Substance positively and certainly. When the Defendants have answered, the Plaintiffs and their Council are seriously to advise of the Answers, and if they find that upon the Answer alone without farther proof, there be sufficient ground for a final Order or Decree, to proceed upon Answer without farther lengthening of the Cause. Or if it be needful to prove one or a few particular points, to reply unto those points, and not to draw into Plead or Proofs any more than those necessary points, thereby making long Books, and putting both sides to unnecessary Charges, the Defaulters herein to be punished by paying the Charge of the Copies, or otherwise, as Cause shall require. If a Hearing be prayed upon Bill and Answer, Of hearing upon Bill and Answer. the Answer must be admitted to be true in all points, and no other Evidence to be admitted unless it be Matter of Record, to which the Answer refers, and is provable by the Record: The Plaintiff is therefore to be well advised, that the Court be not put to unnecessary trouble, and himself to a certain Charge, in bringing his Cause to hearing, which will not bear a Decree. Exceptions. WHen a Plaintiff excepteth to a Defendants Answer, Exceptions to an Answer how to be drawn, and when to be filled. he shall set down his Exceptions in writing; and if the Answer be filled in Termtime, he shall the same Term, or within eight days after that Term, deliver the same Exceptions to the Council, whose hand is to the Answer, or to the Defendants Clerk in Court: And if the Defendant do within eight days after such delivery, satisfy the Plaintiff of the invalidity of those Exceptions, or amend the Answer in the same time, or agree with the Plaintiff or his Clerk, or Solicitor, to amend it accordingly, and pay 20 s. Costs, 20 s. cost for amending. the Plaintiff shall go on to reply: But if the Defendant shall fail to do the same, or put in a second insufficient Answer, the Plaintiff may get the Answer or Answers referred: And if the same shall be ruled insufficient, the Defendant shall pay 40 s. Costs. But if an Answer be filled in Vacation time, than the Plaintiff shall have eight days in the beginning of the next Term, if he see cause to put in his Exceptions, and deliver them in writing in like manner, as before is appointed; and the Defendant within eight days after such delivery to proceed as is before ordered. If the Plaintiff shall procure a Reference of an insufficient Answer within the time before limited, and the same be reported good, the Plaintiff shall pay the Defendant 40 s. Costs. If the first Answer be certified insufficient, and ruled so, the Defendant shall pay 40 s. Costs, If the first Answer be certified insufficient, Defendant to pay 40 s. Costs. as aforesaid, if the Answer was put in person; but if the same came in by Commission, the Defendant shall have 50 s. Costs, and no new Commission shall be awarded for taking a second Answer, Second Answer. unless it be by Order, upon Affidavit made of the Party's inability to travel, or other good matter, to satisfy the Court touching that delay, and first paying the Costs of such insufficient Answer, or by the Plaintiff, or his Clerks assent for expediting the Cause. If the second Answer be reported insufficient unto any the points formerly certified, the Defendant shall pay three pounds Costs: And upon the third insufficient, four pounds Costs: And upon a fourth Answer certified insufficient, he shall pay five pounds Costs, 5 l. Cost to pay if the second Answer be reported insufficient. 4 l. upon the third: upon the fourth 5 l. and be examined upon Interrogatories. and be examined upon Interrogatories to the points reported insufficient, and shall be committed, until he hath perfectly answered those Interrogatories, and paid the Costs, in respect of the great vexation and delay which in such Cases will happen to the Plaintiff. No Subpoena ad rejungendum Subpoena ad rejungendum. shall be of force, unless there be a Replication filled in the Cause, according to the course of the Court, before the issuing out of the said Subpoena, or at least before the Return thereof: And the Parties upon whom such Subpoena shall be served, finding no Replication filled before the Return thereof; shall have the ordinary Costs taxed, according to the course of the Court. Examination of Witnesses. WHen the Parties are at Issue, and proceed to examine Witnesses, the Interrogatories are to be penned with care, that the same be pertinent, and only to the points necessary, and the Witnesses are to be sorted and examined on those Interrogatories only that their Testimony doth extend unto, without the needless Interrogatories of Matters unnecessary or immaterial, as well to avoid the Charge of both Parties, Plaintiff and Defendant, in superfluous Examinations, as the apt Interrogatories (which are the Life of the Cause) may be exhibited. No Witness shall be examined in Court by the Examiner, Witnesses how to be examined in Court by the Examiner. without the privity of the adverse Party, or of his Clerk who deals for the adverse Party, to whom the person to be examined shall be showed, and a Note of his Name or place of dwelling delivered in writing, by such as shall produce him; and the Examiner is to take care, and be well satisfied that such notice be given, and then shall add to the Title of the Witnesses Examination the time of such notice given, and the Name of that person to whom it is given and by whom, that at the hearing of the Cause the Suitor be not delayed, upon pretence of want of notice. When Witnesses are examined in Court upon a Schedule of Interrogatories, there shall be no new Interrogatories put in to examine the same Witnesses; nor shall any Witnesses be examined in Court after the day of Publication, No new Interrogatories put to examine the same Witnesses. Witnesses to be examined in Court after the day of publication. though they were sworn before, so as a Copy of the Rule or Order whereby Publication passed, be delivered to the Examiner, that he may take notice thereof. That all Copies of Bills, Answers, How many Lines in a Sheet Copies to contain. Depositions, or other Record, or thing whatsoever belonging to the Six Clerk to copy, shall contain fifteen Lines at the least in every Sheet of Paper, written fairly, and orderly, and unwastefully: And that no such Copy shall be henceforth delivered out of the Office, before it be signed by such Six Clerk to whom it belongeth, with his own proper Handwriting, or by his Deputy in his absence. Nor any Copy not so signed, Copies to be signed by the Six Clerk. shall be made use of in Court, or before any Master, which all Clients are to take notice of, to the end they may be prepared with such Copies at the hearing of their Causes. And whereas many Inconveniencies do frequently arise by undue copying Bills, Answers and other Plead, before they be filled; No Copy to be made till the Originals be filled. so as they are neither filled, or very irregulary, to the prejudice of the Client, and trouble to the Court, by unnecessary Motions: It is therefore ordered, That no Under-Clerk, or his Man, or other from him, do from henceforth presume to copy any Bill, or other Pleading whatsoever, before it be duly filled with the proper Six Clerk, who ought to file the same. How a Witness to be examined. For preventing of Perjury, and other Mischiefs often appearing to the Court, the Examiner is to examine the Deponent to the Interrogatories directed seriatim, and not permit him to read over, or hear read any other Interrogatories, until that in hand be fully finished; much less is he to suffer the Deponent to have the Interrogatories, and pen his own Depositions, or depart after he hath heard an Interrogatory read over, until he hath perfected his Examination thereunto. And if any Witness shall refuse so to conform himself, the Examiner is thereof to give notice to the Clerk of the other side, and to proceed no farther in his Examination, without the Consent of the said Clerk, or Order made in Court to warrant his so doing. The Examiner shall not examine any Witnesses, to invalid the Credit of any other Witness, The Examiner not to examine any Witness to invalidate the Credit of another Witness. but by special Order of the Court, which is sparingly to be granted, and upon Exceptions filled with the Examiner without Fee, and notice thereof given to the adverse Party or his Clerk, together with a true Copy of the said Exceptions at the Charge of the Party so examining. The Examiner's (in whom the Court reposeth much Confidence) are themselves in person to be diligent in Examination of Witnesses, and not intrust the same to mean and inferior Clerks; and are to take care to hold the Witness to the point interrogated, and not to run into Extravagancies, and Matters not pertinent to the Question, thereby wasting Paper for their own Profit, of which the Court will expect a strict Account. The Examiner's are to take care that they employ under them in their Office, none but persons of known Integrity and Ability, who ●hall take an Oath, Not to deliver or make known, directly or indirectly, to the adverse Party, or any other, save the Deponent, who comes to be examined in any of the Interrogatories delivered, to be examined upon any Examination by him taken, or remaining in the Examiner's Office an Extract, Copy or Breviate thereof, before Publication be thereof passed, and the Copies thereof taken. And if any such Deputy, Clerk, or person so employed, shall be found faulty in the Premises, he shall be expulsed the Office; and the Examiner who so employed him, shall be also answerable to the Court for such Misdemeanour, and to the Party grieved, for his Costs and Damages sustained thereby: And such Solicitor or other person, who shall be discovered to have had a hand therein, shall be liable to such censure for the Offence, as the Court shall find just to inflict upon him. In examining of Witnesses, the Examiner shall not use any idle Repetitions, or needless Circumstances, nor set down any Answer to the Question, to which the Examinant cannot depose, other than thus; To such an Interrogatory this Examinant cannot depose. And in case such impertinencies be observed by the Cou●●, the Examiner is to recompense the Charge thereof to the party grieved, as the Court shall award. That after Witnesses examined in Court, there shall be two Rules only given for Publication, viz. an ordinary Rule, and then a day to show Cause why Publication should not pass, and upon the Return of a Commission, one Rule only to be given, After Witnesses examined in Court, there shall be two Rules only given for publication, and upon the return of a Commission, one Rule only. within which times aforesaid, if the other side do not show unto the Court good Cause unto the contrary, Publication shall pass accordingly. All Plead, Commissions, Certificates, belonging to the Six Clerks to receive, shall immediately, upon the bringing in or return thereof into this Court, be delivered to such Six Clerks own Hands, All Plead, etc. to be delivered into the Six Clerks own hands or his Deputy. as shall be Attorney in the Cause, or to the Hands of his Deputy in his absence; and not to be from henceforth in any wise kept back, nor any Depositions or Answers taken by Commission, or other Commission to be opened by any of their Under-Clerks, before they be so delivered. No Bills, Warrants, Plead, Commissions, Decrees, Dismissions, or other Records whatsoever, shall from henceforth be carried to be engrossed, enrolled, copied, or otherwise used by any of the Under-Clerks to their Chambers, No Bills, etc. to be carried to be engrossed, enrolled, copied by the Under-Clerks to their Chambers. or elsewhere out of the Six Clerks Office, or Lodgings there; and so soon as any Clerk shall have engrossed, enrolled, copied, or used any such Warrant, Pleading, Commission, Decree or other Record in the said Office, he shall bring the Original thereof presently back to such Six Clerk to whom the Custody thereof doth belong, for the more safe keeping and disposing thereof according to the ancient usage. Commissions. WHen a Commission is awarded to examine Witnesses, if by default of him that hath the carriage of the Commission, or by his Commissioners nothing is done, he shall bear all the Charges ●e who hath the carrying of the Commission (if nothing be done in it) shall bear all the Charges. that the other side was put unto about that Commission, either for Fees of Court, bringing or entertaining Commissioners or Witnesses, or otherwise, to be ascertained by the Oath of the Party, or of him that disbursed the Money for him, and shall renew the Commission at his own Charges. When a Commission is awarded to examine Witnesses, and the one side produceth and examineth all his Witnesses, and the other side doth not, but prays a new Commission; if it be granted he shall bear all the Charges If the other side examines no Witnesses, but prays a new Commission, he shall bear all Charges. of the renewed Commission, both in Court and in the Country, as well for the Charge and Entertainment of his own Commissioners, as of the Commissioners on the other side, and the other side shall be permitted to cross-examin the Witnesses produced by him that reneweth the Commission; but if he will examine any other Witnesses of his own, than he shall bear his own part of the Charge; the Charges herein mentioned to be ascertained by the Oath of the Party, or of him that disbursed the Money for him. He at whose instance a Commission to examine Witnesses after a former Commission executed and returned, Upon a renewed Commission all the Witnesses are to be examined. is once renewed, and he by whose default, or by default of his Commissioners, a former Commission was not executed, and thereupon it is renewed, shall at his peril examine all his Witnesses by that renewed Commission, or examine them in Court by the end of the Term, wherein that renewed Commission is returnable without any more or farther delay. That no Commission ad examinandum Testes be executed in London, or within ten miles thereof, No Commission ad examinand ' in London, or within 10 miles. without special Order first obtained upon Affidavit made of the Parties Inability to travel, or other good Matter. And that all Depositions taken by Commission in London, or within ten miles thereof, without special Order as aforesaid, shall stand superseded and suppressed ipso facto, and not allowed to be read as Evidence at the hearing of the Cause. And the Parties who shall cause the same to be executed, shall suffer such punishment for their Contempt and Irregularity, as the Court shall think fit. Depositions. WHere either the Party Plaintiff or Defendant, obtaineth an Order to use Depositions of Witnesses taken in another Cause, Order to use Depositions taken in another Cause. the adverse Party may likewise use the same without Motion, unless he be, upon special reason showed to the Court by that Party first desiring the same, inhibited by the same Order so to do. No Motion shall be made in Court, or by Petition for suppressing of Depositions How and when Motion or Petition shall be for suppressing of Depositions. as irregularly taken, until the Six Clerks, not towards the Cause, have been first attended with the Complaint of the Party grieved, and certify the true state of the Fact to the Court, with their Opinion: If the Attorneys or Clerks on either side, shall not for the case of their Clients agree before them; for which purpose a Rule for Attendance of the Six Clerk in such Case shall be entered of course with the Register at the desire of the Party complaining, which shall warrant their Proceed, and Certificate to the Court. Causes to be set down for hearing. THe Six Clerks, who are the only Attorneys in this Court, aught to inform themselves continually of the State and Proceed of their Clients Causes, and to give Account to the Clerk as the Attorneys in all other Courts do, and not to leave the Care and Knowledge thereof upon their Under-Clerks, who attend not in Court, and the Clients and such as follow their Causes, are to acquaint their Attorneys for that purpose. Such as desire to have their Causes set down for hearing, How and when Causes are to be set down for hearing. must repair to the Six Clerk that is Attorney in the Cause, at least six days before the end of the Term, that the Six Clerk may inform himself of the state of the Cause, of the long or short dependence thereof in Court, of the Antiquity of the Publication, of the weight or value of the Cause, and all other circumstances material to inform the Lord Chancellor, Lord Keeper, or Master of the Rolls, at the time of the setting down of Causes, and the Six Clerk may not refuse to offer the same to be set down, if he be attended in such time as aforesaid, nor come unprepared to inform the Lord Chancellor, Lord Keeper, or the Master of the Rolls, of the Nature and Circumstance of the Cause aforesaid. And neither he nor any of his Under-Clerks, To be set down without Fee. nor any of the Registers, are to take any Fee, Gratuity or Reward for the same. No Money, or other Reward, shall in any wise be exacted, or taken directly by any of the Six Clerks, or any of the Registers for, or in their behalf, for the preferring and setting down of any Cause for hearing; but only such Fees as are behind, and unpaid of their Termly Fees and Duties, (if any be) and if any Cause happen to be set down for hearing, wherein they shall not have been satisfied their due Fees and Duties, they may allege the same in stay of hearing of the Cause. Proceed in hearing Causes. WHere no Council appears for the Defendant at the hearing, and Process appear to have been duly served, the Answer of such Defendant shall be read; At the hearing, if no Counsel appear for the Defendant, his Answer shall be read, and to proceed afterwards. and if the Court upon such hearing shall find Cause to decree for the Plaintiff, yet a day shall regularly be given to the Defendant to show Cause against the same; but before he be admitted thereunto, he shall pay down to the Plaintiff, or his Attorney in Court, such Costs as the Court upon that hearing shall assess, and the Order is to be penned by the Register accordingly (viz.) It is decreed so and so, etc. Unless the Defendant shall by such a day pay to the Plaintiff, or his Attorney in Court, Costs, and show good Cause to the contrary; and such Defendant upon his showing Cause, shall first produce a Certificate from the Plaintiffs Attorney in Court, that he hath paid the Costs, or Affidavit of Tender or Refusal thereof. Contempts. ALl Process of Contempt shall be made out into the County where the Party prosecuted is resident, All Process of Contempt to be made into the County where the Party is resident. unless he shall be then in, or about London, in which Case it may be made in the County where the Party than is. And if any person shall be taken upon Process otherwise, or irregularly issued, the Party so taken first appearing unto, and satisfying the Process which did regularly issue against him, shall be discharged of his Contempt, and have his full Costs to be taxed of course by the Six Clerk not towards the Cause, for such undue or irregular Prosecution from the time that the Error first grew, without Motion or other Order. Every Suitor who prosecuteh a Contempt, shall do his best endeavour to procure each several Process to be duly served, Each Process to be duly served. and executed upon the Party prosecuted; and his wilful default therein appearing to the Court, such person offending shall pay unto the Party grieved good Costs, and lose the benefit of the Process returned without such Endeavour. All Attachments in Process shall be discharged upon the Defendants payment, or tender to the Plaintiffs Clerk, and refusal of the ordinary Costs of the Court, and filing his Plea, Upon Motion or Petition, all Attachments in Process shall be discharged upon the Defendants payment of Costs, and filing his Plea, etc. Answer or Demurrer (as the Case regularly requires) but yet upon Motion in Court, or Petition in that behalf. And if after such Conformity and Payment of the Costs, (or tender and refusal thereof) any farther Prosecution shall be had of the said Contempt, the Party prosecuted shall be discharged with his Costs. If after Appearance and Interrogatories exhibited as aforesaid, the Party appearing shall departed before he be examined The penalty of one appearing, and after exhibiting of Interrogaties if he depart before he be examined. (without leave of the Court) he is upon Motion and Certificate from the Register, of such his departing and not being examined, and of the Interrogatories exhibited from the Examiner, to stand committed without farther day given unto him, and is not to be discharged from such his Contempt, until he hath been examined and cleared of his Contempt. And if he shall upon his Examinations, or by Proofs be found in Contempt, he shall clear such his Contempt, and pay the Prosecutor his Costs, before he be discharged of his Imprisonment. And although he be cleared of his said Contempt, yet he shall have no Costs, in respect of his Disobedience in not being examined without the Prosecutors Trouble and Charge in moving the Court as aforesaid. In case of Prosecution of a Contempt for Breach of an Order of Court, Interrogatories how far to extend or not. or otherwise grounded upon an Affidavit, the Interrogatories shall not be extended to any other Matter than what is comprehended in the said Affidavit or Order. And if any other shall be exhibited, the Party examined may for that reason demur unto them, or refuse to answer them. When the Party prosecuted upon a Contempt, hath denied it, or the same doth not clearly appear by his Examinations, the Prosecutor may take out a Commission of course to prove the Contempt; Commission to prove the Contempt. and in such case the Party prosecuted may name one Commissioner to be present at the Execution of the Commission, and may henceforth (notwithstanding the former usage to the contrary) cross examine the Witnesses produced against him to prove the Contempt; but is not to examine any Witnesses on his part, unless he shall satisfy the Court touching some Matter of Fact necessary to be proved for clearing the truth. In which Case the Court, if there be cause, will give leave to him to examine Witnesses to such particular Points set down, and the other side may cross examine such Witnesses; but the Interrogatories on both sides are to be included in the Commission. The Interrogatories to be included in the Commission. Where a Contempt is prosecuted against one, who by reason of Age, Sickness, or other Cause, is not able to travel. Or in case the same be against many persons who are Servants or Workmen, that live far off, the Court will, upon Motion and Affidavit thereof, grant a Commission to examine them in the Country; which Commission shall be sued out and executed at the Charge of the person or persons desiring it, directed to such indifferent Commissioners, as the Prosecutors of the Contempt shall name (as in other Cases) and one Commissioner only at the nomination of the Party prosecuted as aforesaid. Which Commission shall be executed at such convenient time and place, as the Six Clerks not towards the Cause upon hearing the Clerks upon both sides shall set down. Upon every Examination and Proof of a Contempt referred to any of the Masters of the Court, to certify whether the Contempt be confessed, or proved, or not: The Master in his Certificate thereof made to the Court, shall likewise assess and certify the Costs The Master in his Certificate of the Contempt shall assess Costs. to either Party as there shall be cause, without other Order or Motion made for that purpose. Commitment. THe Court being tender of the Liberty of men's persons, and to avoid their Imprisonment upon malicious Affidavits, which are often made by a mean and ignorant person, and which hath heretofore by the course of the Court drawn on a Commitment, doth order, That from henceforth, where Oath shall be made of Misdemeanour in beating or abusing the Party upon suing the Process or Orders of the Court, The Party abusing or beating him who serves the Process shall stand committed upon Motion. the Party offending shall stand committed upon Motion, and no Examination is in that Case to be admitted. And when Affidavit shall be made by two persons of scandalous or contemptuous Words against the Court, So of contemptuous Words against the Court. or the Process thereof, the Party offending shall likewise stand committed upon Motion, without any farther Examination. And a single Affidavit in such case shall be sufficient to ground an Attachment, whereupon such person shall be brought in to be examined; and if the Misdemeanour shall be confessed, or proved against him, he shall stand committed until he satisfy the Court touching his said Misdemeanour, and pay the Prosecutor his Costs. And if he shall not be thereof found guilty, save by the Oath of the Party who made such Affidavit, he shall be discharged, but without any Costs, in respect of the Oath made against him as aforesaid. Decrees and Dismissions. THat all Decrees and Dismissions pronounced upon hearing the Cause in this Court, be drawn up, signed, and enrolled before the first day after the next Michaelmas or Easter Term, after the same shall be so pronounced respectively, and not at any time after, without special leave of the Court. When the Party is committed, or brought in by a Sergeant at Arms for Breach of a Decree, he is not to be enlarged until he hath performed the Decree in all things that are to be presently done, and given Security A Party committed for breach of a Decree, not to be enlarged till he hath performed it, or given Security. by Recognizance with Sureties, as the Court shall order to perform the other parts of the Decree (if any be to be performed) at future days and times appointed by the Decree. No Decree or Dismission shall be presented by the Register of this Court, or his Deputy, or any other, to the Lord Chancellor, Lord Keeper, or Master of the Rolls, to be signed, before it be singned by that Six Clerk Decree or Dismission to be signed by the Six Clerk before it shall be presented by the Register. to whom it belongeth, of his proper Hand writing, or by his Deputy in his absence. To the intent the Decrees and Dismissions of this Court may be easily found upon search, the Six Clerks are to keep a public Book for the entering of all Decrees and Dimissions The Six Clerks to keep a public Book for the enting of Decrees and Dismissions. which have been made and signed by the Lord Chancellor since the 29th of May, 1660. and which shall be made and so signed in this Court: And to that end, the Register shall at the beginning of every Term deliver unto one of the Six Clerks a List of all Decrees and Dismissions signed by the Lord Chancellor, the Term and Vacation before. If a Bill be regularly and justly dismissed of course, or by Order for want of Prosecution, no Motion shall be admitted for the Retainer thereof, without a Certificate from the Defendant's Attorney in Court, that the Costs of the Dismission are paid, No Motion shall be for the Retainer of a Bill dismissed without a Certificate that the Costs are paid. to the end unnecessary Charge to the Parties by several Motions for one and the same Matter, may henceforth be avoided. Masters. THat the Masters do not pass any Exemplifications of Depositions How the Master i● to pass Exemplifications of Depositions. taken in Chancery upon a bare sight of the Copies only, without first calling the Officer or Officers, who have the Custody of the Records or Originals of such Copies, or some sworn Clerk of his, or their Office, who are to produce the same before them, to warrant their signing thereof. The Masters are not upon the Importunity of Counsel (how eminent soever) or their Clients to return special Certificates to the Court, The Masters not to return special Certificates to the Court, unless required by the Court. unless they are required by the Court so to do, or that their own Judgement in respect of difficulty leadeth them to it; such kind of Certificates for the most part occasioning a needless trouble, rather than ease to the Court, and certain expense to the Suitor. Their Certificates and Reports are to be drawn How Certificates and Reports of the Masters are to be drawn. as succinctly as may be (reserving the Matter clearly for the Judgement of the Court) and without recital of the several points of the Orders of Reference (which do sufficiently appear by the Orders themselves) or the several Debates of Council before them: unless that in case where they are doubtful, they shortly represent to the Court the reasons which induce them so to be. The Masters of the Court are to take notice, That when the Court requires to be satisfied from them, touching any Matter alleged to be confessed, or set forth in the Defendants Answer; How the Master is to satisfy the Court touching the Defendants Answer. It is intended, That without farther Order, they should take consideration of the whole Answer or Answers of the Defendants, and certify not only whether the Matter be so confessed or set forth, but also any other Matter avoiding that Confession, or balancing the same, that the Court may receive a clear and true Information. The Masters in taking Affidavits, How the Masters are to take Affidavits. and administering of Oaths, in Cases duly presented unto them, are to be circumspect and wary, that the same be reverently and knowingly given and taken, and are therefore to administer the same themselves to the party; and where they discern him rash or ignorant, to give some conscionable admonition of his duty, and be sure he understand the Matter contained in his Affidavit, and read the s●me over, or hear it read in his presence, and subscribe his Name or Mark thereunto, before the same be certified by the Master, who is not to receive or certify any Affidavit, unless the same be fair and legibly written without blotting, or interlineation of any word of substance. In all Matters referred to the Masters of the Court, their Certificate (not being to ground a Decree) if it be positive, is to stand, and process may be ●aken out The Master's Certificate (not being to ground a Decree) i● it be positive i● to ●●and, and P●●cess may be ●aken out upon it. to enforce performance thereof without farther Motion, unless the adverse Party, upon notice given (to his Attorney or Clerk in Court) that such Repo●t is filled against him, shall within eight days after such notice (if it be given in Term, or whilst the general Seals for Motion are held, or within four days of the next Term, if it be given after) obtain some Order in Court to control or suspend the same, and in case of an insufficient Answer certified by the Masters, the Plaintiff may immediately take out Process against the Defendant for his Costs, and to make a better Answer, as hath been formerly used. Where after Certificate or Report made by the Masters of the Court, either Party shall appeal from the same to the Judgement of the Court, he shall first file his Exceptions thereunto briefly, with the Register, and deposit with him 40 s. Exceptions to the Master's Reports, he th●t files the Exceptions to deposit 40 s. to be paid to the other Party for the Costs, if he prevail not in such Appeal: And then the Register shall enter such Causes of Appeal in a Paper, in order as they are brought unto him to be determined by the Court in course, upon days of Motion, and notice thereof to be given by the Party appealing to the Clerk of the other side. And also the Registers Paper to be set up in the Office two days before: And if the Court shall not alter the Master's Report, than the 40 s. deposited to be paid to the Party defending the same, with such Increase as the Court shall find cause to impose; otherwise to be restored to the Party appealing, and both without Charge. The Master's extraordinary shall not within twenty Miles of London take any Affidavit, or acknowledgement of Deeds, Master's extraordinary not to take Affidavits, or acknowledge Deeds within 20 miles of London. or Recognizances, or do any other Act incident to the place of Master of the Chancery. And to the end it may appear, whether any Master extraordinary shall notwithstanding presume so to do, every such Master shall express the Name of the Town and Country where he shall take any Affidavit, or the acknowledgement of any Deed or Recognizance; otherwise the same shall not be held authentical, nor omitted to be filled or enrolled. Cursitor. WHereas there is an irregular practice lately introduced of making forth Original Writs of Clausum fregit, in Trespass, without any other Cause of Action therein expressed of Returns past, when in truth the proper Cause of Action is either Debt, Case, Ejectment, or some other Cause of Action; and by Process thereupon, the Defendant is not only usually arrested, but frequently proceeded against to the Outlawry, to the great damage of the Subject, and the loss and diminution not only of the proper Original Writs issuing out of this Court, but also of his Majesty's Revenue for the casual Fines thereupon due and payable: It is therefore Ordered, That no Cursitor of this Court, from and after the first day of Trinity Term next ensuing, make, or cause to be made any Writs of Clausum fregit, or Clausum & Domum fregit, within the City of London, without special Warrant from the Lord Chancellor, or Lord Keeper of the Great Seal of England, or Master of the Rolls, for the time being, unless it be made appear by Affidavit, or some other probable Evidence that the same is the true and proper Cause of Action. No Clausum fregit to be made in London without special warrant from the Lord Chancellor, etc. or it be made appear that the same is the true cause of Action. That no Cursitor of any other County do make, or permit to be made within his respective Division any of the said Writs of Clausum fregit, or Clausum & Domum fregit, of any other Return, than of the last Return of every respective Term, unless it be to warrant Arrests, No Writs of Clausum fregit to be made of any other return than of the last return after every Term, except in two cases. and Testatum Capias only. That no Cursitor shall from and after the end of Michaelmas Term next ensuing, make, Of what returns the Cursitor is to make his Original Writ●. or permit to be made within his respective Office and Division, any Original Writ whatsoever of any Return past, unless he shall receive the Instructions for making thereof within the Term wherein the said Writs are to be returnable; or at the farthest, on or before the first Essoyn-day of the next succeeding Term, without special Warrant from the Lord Chancellor, or Keeper of the Great Seal of England, or Master of the Rolls for the time being, or good Cause to be allowed of by the Principal and Assistants of the Company of the Cursitors for the time being, or the major part of them, at their public Meetings, according as heretofore hath been used. The Cursitors are to take care that they employ under them in their Office none but persons of known Integrity and Ability; and if any Clerks or Persons so employed, shall be found faulty in the Premises, he shall be expulsed the Office, and the Cursitor who so employed him, shall be answerable to the Court for such Misdemeanours; and such person or persons, who shall be discovered to do, or proceed otherwise than is before mentioned, shall be liable to such Censure for his Offences as the Court shall find just to inflict upon him. Petitions. NO Injunction for stay of Suit at Law shall be granted, revived, dissolved or stayed upon Petition; nor any Injunction of any other Nature shall pass by Order upon Petition, without Notice, and a Copy of the Petition first given to the other side, Injunction not to be stayed, granted or dissolved upon Petition without notice, and a Copy of it to the other side. and the Petition filled with the Register, and the Order entered. No Sequestration, Dismission, Retainers upon Dismissions or final Orders, are to be granted upon Petition. No Sequestration, dismission, Retainers upon dismissions to be granted upon Petition. No former Order made in Court is to be altered or explained upon a Petition, or Commitment of any person taken upon Process of Contempt, to be discharged, No former Order of Court to be altered or explained upon a Petition▪ or Commitment of any person on Contempt, to be discharged by it. but upon hearing the adverse Party, his Attorney or Clerk, towards the Cause. Paupers. AFter an Admittance in Forma Pauperis, no Fee, Profit or Reward shall be taken of such Party admitted by any Counsellor or Attorney, for the dispatch of the Paupers' Business, during the time it shall depend in Court, No Fee to be taken during the Paupers' business depending in Court, and the Penalty. and he continued in Forma Pauperis, nor any Contract nor Agreement be made for any Recompense or Reward afterwards. And if any person offending herein shall be discovered unto the Court, he shall undergo the displeasure of the Court, and such farther punishment as the Court shall think fit to inflict upon him; and the Party admitted, who shall give any such Fees or Reward, or make any such Contract or Agreement, shall be from thenceforth dispaupered, and not be afterwards admitted again in that Suit to prosecute in Forma Pauperis. Causes of being dispaupered and dismissed. If it shall be made appear to the Court, That any person prosecuting in Forma Pauperis, hath sold or contracted for the benefit of the Suit, or any part thereof, while the same depends, such Cause shall be from henceforth totally dismissed the Court, and never again retained. Such Counsel or Attorney as shall be assigned by the Court, to assist the person in Forma Pauperis, either to prosecute or defend, may not refuse so to do, unless they satisfy the Lord Chancellor of England, or Lord Keeper, or Master of the Rolls, who granted the Admittance, with some good reason of their forbearance. That the Counsellor who shall move any thing to the Court on the behalf of a person admitted in Forma Pauperis, aught to have the Order of Admittance with him, The Counsel who moves for a Pauper ought to have the Order of admittance with him. and first to move the same before any other Motion. And if the Register shall find that such person was not admitted in Forma Pauperis, he shall not draw up any Order upon the second Motion, made by any such Counsel, but he shall lose the fruit of such second Motion, in respect of his abuse to the Court. No Process of Contempt shall be made forth, and sent to the Great Seal, at the Suit of any person prosecuting as Plaintiff in Forma Pauperis, until it be signed by the Six Clerk, No Process of Contempt to be made at the Suit of a Pauper till it be signed by the Six Clerk. who deals for him, and the Six Clerks are to take care that such Process be not taken out needlessly, or for vexation, but upon just or good grounds, as they will answer it to the Court, if the contrary shall appear. And lastly, It is Ordered, That all Masters of the Court of Chancery, Counsellors, and all Officers, Ministers, Clerks and Solicitors in the said Court, do observe these Orders, which are to continue, until upon farther consideration and experience, any alterations shall be fit to be made therein. Clarendon. Har. Grimston. Mercurii 27 die Feb' Anno Regni Caroli II. Regis 19 1667. Touching Examination of Witnesses. Ordo Curiae. WHereas the Masters in Chancery, upon References to them upon Hear for the ease of the Court in stating of Accounts, and other like matters have of late been armed with Commissions to Examine 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 Examiner's 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 Examiner's then present touching the same, declared, That such Commissions and Examinations 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 Judgement 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 authentic Copies at any such Hearing, nor exemplify, 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 lengthening 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 proceed as aforesaid, doth think fit and so order, That for the future, all parties concerned do at their perils, as much as in them lies, After publication, Interrogatories may be exhibited to examine 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 Examiner's, 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 Commission 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 Examiner's 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 in any proceed in this Court or at Law. Clarendon, Chanc'. Sabbati 1 Feb' Anno Regni Caroli II. Regis 20. 1668. Ordo Curiae. 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 Plead thereupon in the Six Clerks Office, and all Exemplifications, Writs and Copies in the Causes, should be filled, 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, 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 choose their own Attorney, Clients to be at liberty to choose 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. Bridgman, C. S. Lunae 25 May Anno Regni Caroli II. Regis 20. 1668. 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 alleged; 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 duty of his Place: And the said Mr. Herne, being according to the Command and Direction aforesaid, called by the Crier 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. Jovis 18 die Junii Anno Regni Caroli II. Regis 20. 1668. Touching Under-Clerks and Fees. Ordo Curiae. FOr the better regulating of the Office of Six Clerks, and for settling 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, etc. 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 Judgement of 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 Employment, take this Oath following, (that is to say,) The Oath of the Under-Clerks. YOU shall swear, that you shall not willingly do, procure or assent unto any thing, whereby any of the Records, Rolls, Plead, Books or Writings of or belonging unto the Court of Chancery, which shall be under the keeping or charge of the Master of the Rolls for the time being, or of any of his Clerks or Ministers, or which shall come to your hands, or whereunto you shall have recourse, shall be embezzled, falsified, corrupted, razed or defaced, or whereby any corruption, fraud or deceit may be done thereby, but shall well and truly entreat and deal with the said Records, Rolls, Plead, Books and Writings, according to your best knowledge and understanding; and that you shall do your utmost endeavour for the safe and secret keeping of all Examinations and Depositions of Witnesses that shall be delivered unto you, or shall come to your hands, without opening, publishing, or disclosing till publication be granted by the Court, or otherwise by the assent of the Parties, or their Attorneys, according to the Course of the same Court. So help you God. 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, 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 employment. 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 hindered in, or from the exercise of his, or their said Employment, but by Judgement 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, 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,) Clerks Fees. That the Under-Clerks shall have and receive and retain to their own uses respectively, OUt of the Termly Fee of 3 s. 4 d. the sum of, 1 s. 4 d. And for all Copies of Bills, Answers, Pleas, Demurrers, Replications, Rejoinders, Depositions, Interrogatories and other Records usually dispatched in the said Office for four pence a sheet, and the Fee of 6 d. per sheet usually paid for the transcript of the Bill annexed to the Writ of Dedimus potestatem 4 d. And 12 s. 8 d. per skin for all Exemplifications, 12 s. 8 d. And 2 s. 8 d. for every Dedimus potestatem, 2 s. 8 d. And 3 s. 2 d. for every Ordinary Commission, and rejoining Commison to examine Witnesses, 3 s. 2 d. And 4 s. for every Commission of Rebellion, 4 s. And 3 s. 2 d. for every Writ of Execution of an Order, 3 s. 2 d. And 16 s. 4 d. for every Decree and Dismission, 16 s. 4 d. And 13 s. 2 d. per skin for every Writ of Execution of a Decree, 13 s. 2 d. And 6 s. 8 d. for every Injunction, 6 s. 8 d. And 1 s. for every Attachment, and Attachment of Proclamation, 1 s. And a Moiety of oll other Fees for all other Writs usually dispatched by the Clerks in their Clients Causes Moiety And the Under-Clerks respectively shall be accountable to the Six Clerks respectively only For 2 s. residue of the said Termly Fee of 3 s. 4 d. 2 s. And 4 d. per sheet of all Copies of all Bills, Answers, Pleas, Demurrers, Replications, Rejoinders, Depositions, Interrogatories, and other Records usually dispatched in the said Office, 4 d. And 14 s. a skin for every Exemplification, 14 s. And 4 s. for every Dedimus potestatem, 4 s. And 3 s. 6. for every Commission, and Joining in Commission to examine Witnesses, 3 s. 6 d. And 6 s. for every Commission of Rebellion, 6 s. And 3 s. 6. for every Writ of Execution of an Order, 3 s. 6 d. And 17 s. for every Decree and Dismission, 17 s. And 13 s. 6 s. per skin for every Writ of Execution of a Decree, 13 s. 6 d. And 6 s. 8 d. for every Injunction, 6 s. 8 d. And 1 s. for every Attachment with Proclamation, 1 s. And for a Moiety of all other Fees for all other Writs, usually dispatched by the Clerks in their Clients Causes, Moiety 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 receipt of any of the Fees, and sums of Money 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 Plead 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 aught to 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 Plead, 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 Plead, Commissions, Depositions, Certificates, etc. to be delivered out of the Office, until they be first signed by the Six Clerks, etc. shall be delivered out of the said Office to any Client, until the said Commissions, Writs, Process and Copies 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 enjoined to have one or more Deputy or Deputies, to be constantly resident and attendant in the said Office The 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 entered in the Common Book, commonly called the House-Book; All Rules to be duly entered into the House-Book, and notice thereof to be given to the Under-Clerk of the other Side. and that upon entering of such Rules, notice shall from time to time be given to the Under-Clerk on the other Side, that is towards the Cause, to the end the Client may not be surprised 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 filled and bundled with the rest of the Records, in the same Cause; and that all Bills, Answers, Replications, Rejoinders and other Proceed, 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 filled 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 satisfy 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, than they are to give unto the Six Clerks respectively a Note in writing under his, or their Hands of the Name or Names, 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 enrolled in the Judgement Rolls of this Court, to be observed for the future to all intents and purposes, according to the Tenor and true Meaning thereof. Orlando Bridgman, C. S Harb. Grimstone, M. Rolls. Sabbati 31 die Octob' Anno Regni Caroli II. Regis 20. 1668. 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 settling 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 judgement 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 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 employment, 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, etc. and the Honourable the Master of the Rolls, that the said time be enlarged 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. Mercurii 18 die Novembris Anno Regni Caroli secundi Regis 20. 1668. Touching Privilege Writs, Pauper Writs, and Renewed Writs. Ordo Curiae. FOrasuch as the Right Honourable the Lord Keeper, etc. 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 privileged 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 privileged Persons, and for Suitors in this Court in Forma Pauperis, 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: Privilege Waits, Pauper Writs, and Renewed Waits, 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 privileged 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 show cause to the contrary. Sabbati 12 die Feb' Anno Regni Caroli II. Regis 22. 1670. Concerning Exceptions to a Master's Report. Ordo Curiae. THe Right Honourable the Lord Keeper taking notice of the trouble and loss of time to the Court, and expenses and delay to the Suitors, occasioned by putting in Exceptions to Master's 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 Master's 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 overruled. He who puts in Excceptions to a Master's Report, besides 40 s. shall pay 10 s. Cost for every Exception that shall be over ruled. Martis 8 die Aprilis, Anno Regni Caroli II. Regis 25. 1673. At Exeter-house by the Right Honourable the Lord Chancellor. About the Impositions on Law Proceed. 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 Proceed 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, 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 Public 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 Farmer's Agent or Agents giving their due attendance from time to time to perform the same; that some person 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. Shaftsbury, C. Har. Grimstone. Jovis 8 die Maij, Anno Regni Caroli II. Regis 25. 1673. At Exeter-house, ad idem. Ordo Curiae. THe Right Honourable the Lord High Chancellor, etc. having this day heard the Farmers of His Majesty's Duties, arising by impositions and proceed 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 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 entered; 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 Deputy, or the Farmer's 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 Plead 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 Plead, and for payment of His Majesty's Duties for the Copies thereof. 4. That all Bills, Answers, Plead and other proceed in the said Court be duly filled, and that no Copies be made thereof till the same have been so filled 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 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 plead, 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 be entered 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 Plead and Records. 8. That not 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 Plead in the Cause are filled, 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 Farmer's Agent in 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. Shaftsbury, Ch. Mercurij 22 die Julij Anno Regni, Caroli II. Regis 26. 1674. Touching Recognizances. Ordo Curiae. WHereas on Complaint made this day to the Right Honourable the Lord Keeper, Concer' Irrotulament' Recogn' capt' in Cancellaria. etc. that a Recognizance acknowledged in this Court the 17th of Jan. 1653. of 1000 l. for payment of 507 l. 10 s. the 6th of March than next, was not enrolled 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 entering 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 enrolled, though long after the time, by Warrant from the Master of the Rolls for the time being, without prejudice to all Purchasers, between the time such Recognizance ought to be enrolled, 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 enrolled long after the time of acknowledgement thereof. And withal 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 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 chief 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 enrolled within six Months after the acknowledgement 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 enrolled in this Court, unless such inrolment be within the space of six Months after the acknowledgement thereof. And that all Officers and Ministers of the Court do for the future observe and take care, that no such Recognizance be enrolled in the said Court, contrary to this present Order; Recognizances to be enrolled within 6 months after acknowledgement. and all Recognizances heretofore acknowledged in this Court, and not already enrolled, shall be enrolled within the space of six Months after the 23th day of October next, and shall not be received nor enrolled 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 enrolled 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. Mercurij 4 die Novembris Anno Regni Caroli II. Regis 26. 1674. Touching Contempts. Ordo Curiae. UPon Complaint made to the Right Honourable the Lord Keeper, Vide infra 13 Julij 85. 17 Maij, 1 Jac. 2. etc. by the Sergeant at Arms attending the Great Seal, that after Contempts are prosecuted to a Sergeant 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 Sergeants Employment is rendered in great part ineffectual; for prevention whereof his Lordship doth thereupon Order, After any Order for a Sergeant at Arms shall be granted, the Register shall draw up the same, and deliver the same to the Sergeant, and no other. That after any Order for a Sergeant at Arms shall be granted by the Court, the Register shall on request draw up the said Order, and deliver the same to the Sergeant 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 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 Sergeants Fees be paid, and Certificate under his hand testifying the same. That no Order for a Sergeant at Arms drawn up, and past by the Register, be discharged, and the Contempt thereupon, without the Sergeants 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 behalves, without such satisfaction shall be made, and a Certificate of the same shall appear to Court. Veneris 18 die Decembris Anno Regni Caroli II. Regis 26. 1674. Ordo Curiae. Private. UPon Complaint made to the Right Honourable the Lord Keeper, etc. 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 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 misdemeanour against the Court, for Officers or Clerks to be thus used, especially for discharging the Duty of their Employments; doth order that the said Bradley, for this great misdemeanour, 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. Lunae 10 die Aprilis Anno Regni Caroli II. Regis 28. 1676. 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 testify their knowledge in Causes here depending, have used many devises to 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 hindered 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, 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 certify, 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 Administering of Oaths to all persons whatsoever, that the same be administered reverently, and according to Law. Finch, C. Term' Paschae, _____ Anno Regni Caroli II. Regis 28. 1676. 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 overruled, 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 expense and vexation to the Prosecutor, which the Right Honourable the Lord High Chancellor of England taking into consideration, for prevention of the like dilatory proceed for the time to come, doth order and ordain, That 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 public 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 full Answer, such Costs as he had paid for such former Process, shall upon payment of the rest be deducted and allowed to him. Finch, C. Lunae 3 die Julij Anno Regni Caroli II. Regis 28. 1676. Of sending Records into the Chapel 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 Chapel 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 Chapel of the Rolls. to remain there. And that the Clerk of the Inrolments do also send the Records of all Deeds and Recognizances Enrolled, duly examined, to the said Chapel; and that all Records in the Petty Bag Office, after the same are estreated, be remitted with their Warrants from thence into the Chapel of the Rolls, according to the ancient usage heretofore, for sending Records into the said Chapel (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, etc. 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 Chapel, and not fit to be received and continued there by reason of their ill Character, bad Parchment, Razures or Interlineations, be transcribed within the Chapel of the Rolls, 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. Martis 1 die Januarij Anno Regni Caroli II. Regis 29. 1677. 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 surprised, 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, etc. 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 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. Finch, C. Venetis 20 die Junij Anno Regni Caroli II. Regis 31. 1679. 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 filled 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 filled with the Register, to Reports touching the sufficiency or insufficiency of any Defendants Answer, unless such Exceptions shall be brought and filled, and notice thereof given to the Clerk in Court of the other side. And it is farther ordered, That this Order be set up and affixed in the public Offices of the Six Clerks and Registers, ●o the end that all persons concerned may take notice thereof, and act accordingly. Jovis 25 die Martij Anno Regni Caroli II. Regis 32. 1680. Touching Bankrupts. Ex Parte Thomae Knatchbal Armigeri. Ordo Curiae. THe Right Honourable the Lord High Chancellor of England, being now attended by Mr. Matthew 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. Matthew 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 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 burden 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 virtue 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 happened 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 Proceed, as should be had before the said Commissioners, and see them to be safely kept in some public 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 Proceed 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 Proceed 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 adjacent Counties hereafter mentioned, A Register of all Commissions of Bankrupts in London, Middlesex, Essex, Hartfordshire, Kent, Surry, etc. 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 Proceed thereupon, that the same may at all times be produced, and that the person concerned may have free resort thereunto as occasion shall require. Finch, C. Lunae 29 die Octobris Anno Regni Caroli II. Regis 35. 1683. Concerning Orders touching Accounts. Ordo Curiae. THe Right Honourable the Lord Keeper, etc. taking into his most serious Consideration, the delays and great expenses that doth happen to Suitors by Exceptions taken to Masters 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 ordered, That when upon hearing of Exceptions, it shall appear to the Court, that the party excepting did not offer his Objections before the Master, because he 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 Money is reported due, If Money be reported due after the time wherein such Exceptions should have been filled, no proceeding shall be stayed without bringing the Money into Court, or giving security. after the time wherein such Exceptions should regularly have been filled, no proceed upon such Report shall be stayed without giving security, or bringing the Money reported due into the Court, unless the Court shall provide otherwise by particular Order. Gilford, C. S. Sabbati 9 die Maij Anno Regni Jacobi II. Regis 1. 1685. Touching Witnesses Examined. Ordo Curiae. IT is this day ordered by the Right Honourable the Lord Keeper, etc. That when any Witness shall be brought to any Clerk in Court to be showed, 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 shows a Witness, aught 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. Lunae 13 die Julij Anno Regni Jacobi II. Regis 1. 1685. 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. etc. That no agreement 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. Lunae 13 die Julij Anno Regni Jacobi II. Regis 1. 1685. Touching Sergeant at Arms. Ordo Curiae. WHereas Complaint was made to the Right Honourable the late Lord Chancellor Finch by the Sergeant at Arms, attending the Great Seal, Vide supra 13 Julij 85. 4 Nou. 74. Vide infra 19 Maij 1 Jac. 2. that after Contempts were prosecuted to a Sergeant 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 some Composition, sometimes for the whole Matter in difference, but usually for the discharge of the Contempts, whereby the Sergeants Employment was rendered in great part ineffectual. For the prevention whereof his Lordship did thereupon order, That after an Order for a Sergeant at Arms should be granted by the Court, the Register should on request draw up the said Order, and deliver the same to the Sergeant 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 Sergeant 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 Sergeants Fees be paid. without the Sergeants 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 behalves, 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 Sergeant 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. Lunae 26 die Octobris Anno Regni Jacobi II. Regis 1. 1685. 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 examine, In Affidavit of material Witnesses to examine 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 be examined, and whether before or after the hearing, that all delays heretofore occasioned by unnecessary examination may be avoided for the future. Mercurij 12 die Maij Anno Regni Jacobi II. Regis 2. 1686. Touching Rehearing. Ordo Curiae. IT is this day ordered by the Right Honourable the Lord High Chancellor, etc. No Rehearing to be granted, without depositing 5 l. into the hands of the Register. That not Rehearing or Appeal shall for the future be granted, but the party appealing shall deposit in the hands of the Register the sum of 5 l. to recompense 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 proceed 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. Veneris 30 die Aprilis Anno Regni Jacobi II. Regis 2. 1686. 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 Master's Report, should besides the 40 s. deposited upon exhibiting the same, pay 10 s. further Costs for every Exception, and distinct branch of an Exception, which should upon the hearing thereof be overruled: 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 expense and delay to the Suitors, 10 s. to be paid for every Exception to a Master's Report overruled. occasioned by putting in Exceptions to Master's 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 Judgement 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 overruled as frivolous, beyond the Costs, which by the course of the Court, he or they are to pay. Veneris 18 die Junij Anno Regni Jacobi II. Regis 2. 1686. Touching Hearing. Ordo Curiae. IT is this present day ordered by the Honourable the Master of the Rolls, That for the future, when any Cause or Causes shall come to be heard before his Honour at the Rolls, the Clerk in Court on either side shall attend such hearing, The Clerks in Court on either side to attend the hearing. to the end that his Honour may be informed, if occasion require, that such Cause or Causes are ready for his Honour's Judgement, and that the party or parties for whom they are concerned do appear to hear Judgement gratis, or that they were regularly served with Process for that purpose, as the Case shall require. Mercurij 9 die Junij Anno Regni Jacobi II. Regis 2. 1686. The Transacting of Records into the Chapel 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 than 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 Chapel 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 Chapel, 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 Chapel 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 Chapel of the Rolls, according to the ancient usage heretofore for sending Records into the said Chapel, viz. the Patents after three years from the time of their Inrolment, and the Records of Deeds and Recognizances from the Inrolment Office, after two years from the time of Inrolment, and so from year to year for the future; and that such Records as were come into the Chapel, and not fit to be received and continued there by reason of their ill Character, bad Parchment, Razures or interlineations, be transcribed within the Chapel of the Rolls, The Patents after 3 years from the time of the Inrolment, and the Records after 2 years. at the charge of the said Six Clerks, and the Clerk of the Inrolments, to which of them the said Records did at first properly belong; which Order having not of late been duly observed, by reason whereof great inconveniences may happen to arise to the Suitors of this Court in their particular concerns: As also to divers others of his Majesty's Subjects, concerned in the Records in the said respective Offices; the Right Honourable the Lord High Chancellor of England, and the Honourable the Master of the Rolls taking notice thereof, and of the great neglects that have been done by the respective Officers of the particular Offices, in not transmitting the Inrolments of Patents, and Decrees, and Docquets, Records, Deeds and Recognizances, according to the Direction and Intent of the said Order, do therefore order, That the said Order be revived, and a due performance and obedience given thereto by the respective Officers concerned in their respective Offices and Places they now are, or shall be concerned in relation to any of the Matters of this Order. Veneris 6 die Aprilis Anno Regni Jacobi II. Regis 3. 1687. Touching Decrees. Ordo Curiae. WHereas for the preventing of differences that did arise upon Decrees and Orders pronounced in open Court, the Right Honourable the Lord High Chancellor, Minutes of Decrees and Order to be ●ead in open Court. etc. hath from time to time caused all Minutes to be read in open Court, that the Counsel at the Bar, and other persons concerned might take notice of what did concern their respective Clients, and speak for the rectifying thereof, or adding thereto, as occasion offered, whilst the Matters were fresh in the memory of the Court, and have several times given directions, that afterwards none should presume either to petition or move the Court, complaining against any Order agreeing with the Minutes, except the Minutes should after the reading thereof be altered, or the Register shall fail in doing his duty persuant thereto without consent; and yet without due regard thereto, several Petitions have been since causelessly preferred. His Lordship doth therefore this day order, That due observation be given to the parties concerned, when any Minutes are read in Court, to the end that no further Complaints may be made against the Officer, or the Minutes by him taken in Court, except as aforesaid; and to the end no person may plead ignorance hereof, his Lordship doth direct, That this Order be fixed up in the Offices of the Six Clerks and Register of this Court, that all due obedience may be given thereto. Veneris 29 die Aprilis Anno Regni Jacobi II. Regis 3. 1687. An Examiner suspended. Ordo Curiae. IT is this day ordered by the Right Honourable the Lord High Chancellor, etc. That Richard Burreston, One of the Examiner's of the Court suspended. one of the Examiner's Clerks in the Office of William Adderly, Esq; one of the Examiner's 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 passed in the Cause) be suspended from any further Employment in the said Office, till further Order. Lord Chancellor. Veneris 29 die Aprilis Anno Regni Jacobi II. Regis 3. 1687. Touching Interrogatories. Ordo Curiae. WHereas by Experience, great inconveniences have happened 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, etc. 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, 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 Plead) 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 public places in the Offices of the Six Clerks, and Examinors of this Court, that all due obedience may be given thereto. Veneris 27 die Maij, Anno Regni Jacobi II. Regis 3. 1687. Touching Orders on Petitions. Ordo Curiae. IT is this day ordered by the Right Honourable the Lord High Chancellor, etc. 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 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 entered up with the Register on such Petition. as to the Proceed 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 entered with the Register on such Petition, to the end no person may be surprised 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 Public Offices of the Court concerned therein, that all due obedience may be given thereto. Veneris 17 die Junij, Anno Regni Jacobi II. Regis 3. 1687. 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 surrendered 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 empowered 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 Proceed, Certificates, 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, enrolled 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 surrendering his Office as Six Clerk, deputed to act during the vacancy. 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 themselves 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 entered with the Register of this Court, and put up in the Office of Six Clerks. J. Trevor. Mercurij 29 die Februar', Anno Regni Jacobi II. Regis 4. 1688. Touching Misdemeanours. Ordo Curiae. WHereas divers Complaints have of late been made the to Honourable the Master of the Rolls, of the outrageous, rude and undecent Demeanours 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 Dirt, 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 Outcries 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 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. Martis 20 die Martij, Anno Regni Jacobi II. Regis 4. 1688. 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, etc. 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 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 Judgement of the Master of the Rolls, fitly qualified for such Employment, at or before the time of such his admission, and also before his and their entrance upon that Employment, should take the Oath thereby directed, for his honest and faithful behaviour, and true dealing with, and towards the Records, Rolls, Plead, Books and Writings of this Court, and the other due performance of his place. And it was thereby further Ordered, Ordained and Decreed, That no person upon any pretence whatsoever, should hereafter be permitted to practise as an Under-Clerk in the said Office, but such only as should be first sworn, and admitted as aforesaid. And whereas for want of observance, and due obedience to the said Decree, and other Orders made in persuance thereof, manifold disorders, and undue practices have crept into the said Six Clerks Office, amongst the Six Clerks, and the sworn Clerks, and especially by a liberty that the Six Clerks of this Court have assumed, and continued to themselves, against the express words of the said Decree, the Duty of their places, and in Contempt of this Court, to allow, permit and licence 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 aught to be, to the confusion, mislaying, imbezling, falsifying, razing and defacing, and sometimes to the loss of the Records, Rolls, Plead, Books and Writings of this Court: And also that the sworn Clerks of this Court have retained more Under-Clerks than one apiece, and have discharged and turned them off from their Service before they are preferred, to the undoing, and utter ruin of many, and to the discouragement of the training up and breeding of industrious and diligent Young Clerks to serve and succeed in the said Office, which this Court hath always taken care of, and contrary to an Order for that purpose made by the Right Honourable Sir Harbottle Grimstone, late Master of the Rolls: All which Abuses, Irregularities and Disorders tend manifestly to the obstruction of Justice, and the orderly proceed 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 licenced by the Six Clerks in their several Divisions and Offices, called supernumerary▪ or Licenciary Clerks, not allowed, sworn and admitted as Under-Clerks, to practise as Clerks of this Court (excepting the two waiting Clerks allowed to each Six Clerk) be, and are hereby absolutely, to all intents and purposes discharged and inhibited from practising in the said Office, and from sitting and writing in the said Office of Six Clerks, until they shall be duly qualified, sworn and admitted so to do: And the several Six Clerks of this Court are hereby required and commanded forthwith, upon the forfeiture of their respective Offices, to discharge all such person and persons out of the Office of Six Clerks, from whom as well as from the said supernumerary Clerks, this Court doth expect all due and ready observance and obedience to this Decree. And to the end that there should not be wanting a convenient and sufficient number of honest, able and expert Under-Clerks for the orderly proceeding, carrying on and quiet dispatch of the Suitors, and business of this Court, his Lordship the Lord High Chancellor, and his Honour the Master of the Rolls do think it very fit and necessary, and do thereby Order, Ordain and Decree, Five Under-Clerks to be added to ten sworn Under-Clerks in every Six Clerks Division. That five Under-Clerks, such as his Honour, the Master of the Rolls shall in his Judgement think able, fitly qualified and allow of, shall be forthwith added to the ten sworn Under Clerks in every Six Clerks Division, and that each of them shall by the Master of the Rolls be sworn, and admitted Clerks of this Court, and to practise in the same with all the like advantages, paying the like Fees, Deuce and Duties, as the now sworn Under-Clerks of this Court have enjoyed and paid, or aught 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 Judgement shall think fitly qualified, and allowed of for the said Employment, the nomination of the Six Clerks being only for his Honour's information, and the presence of the Six Clerks at the swearing and admittance of an Under-Clerk being only, that he the Six Clerk may take notice of such new Under-Clerk so sworn and admitted: And further, the said Under-Clerks hereby decreed to be sworn and admitted, are to have such Seats and Places provided and appointed for them to sit, writ 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 Clerk's 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 executing of the aforesaid recited Decree, bearing date the 18th of June, in the 29th year of his late Majesty King Charles the Second, of blessed memory, for the better regulating the Six Clerks, and for the better encouragement of the Young Clerks, who have, or shall serve the Six Clerks, or sworn Under-Clerks of this Court, be hereby ratified and confirmed, subject to such further additions and alterations as his Honour, the Master of the Rolls shall think fit to alter and make for the better putting in execution this present. Ordinance and Decree, and for the true and better preservation of the Records and Plead 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 Plead of this Court, to any person whatsoever, No Six Clerks to deliver any Bill, Answer or Pleading to any person, but to a sworn Clerk, or his waiting Clerk. other than to a sworn Clerk of this Court, or to their respective waiting Clerks, for whom they are to be answerable; and that no sworn Clerk of this Court, upon the peril of his place, do deliver to any person whatsoever, any Bill, Answer or Plead 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 enrolled in the Judgement Rolls of this Court, to be observed for the future, to all intents and purposes, according to the tenor and true meaning hereof. Jeffreys, C. J. Trevor. Lord's Commissioners. Martis 16 die Martij, Anno Regni Regis & Reginae Gulielmi & Mariae 1. 1689. Ordo Curiae Private. IT hereby ordered, That the several Matters which have been by former Orders referred to Sir William Beversham, Knight, deceased, Matters referred to Sir W. Beversham deceased to be transmitted to Mr. Keck. shall either by Motion or Petition (as desired) be transferred to Samuel Keck, Esq; one of the Masters of this Court, who is to proceed therein, as the said Sir William Beversham was to have done; and to that purpose, it is further ordered, That all the Books, Papers, Deeds, Writings and Accounts that concern the Causes so referred to the said Sir William Beversham, be transmitted to Samuel Keck, Esq; when they shall be demanded. Dated this 16th day of March 168 1/9. John Maynard, C. S. A. Keck, C. S. W. Rawlinson, C.S. Martis 29 die Julij, Anno Regni Regis & Reginae Gulielmi & Mariae 1. 1689. Touching Hearing. Ordo Curiae. WHereas Causes are oftentimes brought to a Hearing, and the Plead in a Cause do not appear to be filled, 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 Lord's Commissioners, No Motion to speed a Cause to hearing without a Certificate from the Six Clerk, that the Plead are filled. etc. That no Motion shall be made to hasten a Cause to hearing, that is either Adversary, or by consent, nor Cause entered with the Register for hearing, notwithstanding any Order, without Certificate first had from the Six Clerk, that the Plead are filled, 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 entered without a Certificate first had of the fi●ing of the Bill, Plea and Demurrer. Mercurij 23 die Octobris, Anno Regni Regis & Reginae Gulielmi & Mariae 1. 1689. Touching Rehearing. Ordo Curiae. IT is this day ordered by the Right Honourable the Lord's Commissioners, etc. Two days before the Re-hearing, the Party Appealing shall attend the Lords Commissioners with a Copy or Order of the Decree Appealed from, and a true Copy of a Petition for Re-hearing. That when any Cause shall be appointed to be reheard, the party appearing shall two days at least before the day appointed for such Re-hearing, attend their Lordships with a true Copy of the Order or Decree Appealed from, as also with a true Copy of the Petition, upon which such Rehearing was granted, that their Lordships may upon all Rehearings be apprized of the Order and Decree, and the Objections against the same. Lord's Commissioners. Veneris 17 die Januarij Anno Regni Regis & Reginae Gulielmi & Mariae 1. 1689. Touching Exceptions to Master's 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, expense and delay to the Suitors, occasioned by putting in Exceptions to Master's 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 Master's 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 overruled; 20 s. Costs to be paid for every frivolous Exception to a Master's Report, over and above the 40 s. deposited. and whereas the Right Honourable the Lord's Commissioners, etc. finding the like inconveniences to continue, by reason the said Order hath not been duly pursued, do for the preventing thereof for the future, Order, That the said Order made by the said Lord Keeper Bridgman, be revived, with this further, That for every frivolous and impertinent Exception, or distinct Branch of an Exception, that shall from time to time be put into any Report, and shall on arguing be overruled 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. A. Keck, C. S. W. Rawlinson, C.S. Sabbati 14 die Maij, Anno Regni Regis & Reginae Gulielmi & Mariae 4. 1692. Touching Exceptions to Masters. Reports. Ordo Curiae. WHereas it hath been by experience found, that Exceptions have been frequently taken to Master's 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 Lord's Commissioners, He who will file Exceptions to a Report, shall within 8 days after procure a fixed day for the setting down such Exceptions to be heard, and thereof give notice to the other side. etc. 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 filled, procure a fixed 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 filled, shall from, and after the Expiration of the said eight days stand overruled, 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 filled. Sabbati 29 die Octobris, Anno Regni Regis & Reginae Gulielmi & Mariae 4. 1692. 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 Proceed, on Reports of the Masters of this Court, before the same be actually filled with the Register of this Court, where the same aught to be filled, before any proceed 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 filled with the Register within 4 days after such signing. It is this present day ordered by the Right Honourable the Lord's Commissioners, etc. 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 same from the respective Masters) be filled with the Register of this Court within four days after the making and signing thereof, The Register to endorse on the back thereof the day of receiving and filing it. and that the Register, when any Report or Certificate is brought to be filled, shall endorse on the back thereof the day of the receiving and filing such Report and Certificate, and that all Proceed which shall hereafter be grounded on any Report or Certificate, not filled 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 Proceed 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 public notice of this Order, fair Copies thereof are forthwith to be made, and put up in the Registers Office, Master's Office and Six Clerks Office, for all persons concerned to take notice thereof Veneris 7 die Julij, Anno Regni Regis & Reginae Gulielmi & Mariae 5. 1693. Exceptions to Master's 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 fixed day for the hearing thereof, or otherwise such Exceptions so filled, should be overruled, and the other Party should be at liberty to proceed, as if no Exceptions had been filled. 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, etc. doth order, That the further execution of the said Order be suspended till further order. Jovis 7 Decembris, Anno Regni Regis & Reginae Gulielmi & Mariae 5. 1693. 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. Talbot, 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. Sabbati 9 die Decembris, Anno Regni Regis & Reginae Gulielmi & Mariae 5. 1693. 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 Noises, often forced them to leave the said Office, and caused the same to be shut up in the most usual time of business, and 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 employ persons to be their waiting Clerks, who have not been Articled Clerks, or ever educated and employed 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 copied 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 proceed 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 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 aught 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 Noise 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 departed from, or leave the same; And that the said Office be not for the future shut up at any times, than only upon such holidays 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 public 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 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 Master's 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 Master's Seats, they shall upon the admonition or command of any of the sworn Clerks, immediately repair to their Master's 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 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 encouragement 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 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 employ 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 redressed. 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 engrossed, and from henceforth hung up in the said Office in a Frame to be provided for that purpose. Sabbati 19 die Januarij, 1694. Touching Reading Depositions. Ordo Curiae. WHereas in former times, as well as lately, Complaints have been made by the Examiner's 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 Money 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 authentic: By reason of which said second Copies, so surreptitiously made, the Court may be misguided; all which do 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. 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 aggrieved to a further charge than to redress the grievances complained of. And whereas the present Examiner's of this Court have by their humble Petition besought the Lord Keeper of the Great Seal of England for redress in the Premises, 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, happened 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 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 pursued, his Lordship doth further order, That the said Examiner's 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 Examiner's, 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 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. Martis 12 die Junij, 1694. Touching Sergeant at Arms. Ordo Curiae. Revived. ... Whereas Complaint was made to the late Lord Chancellor Finch by the Sergeant at Arms attending the Great Seal, Vide supra 4 Nou. 74. 13 Julij 85. That after Contempts were prosecuted to a Sergeant 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 Sergeants Employment was rendered in great part ineffectual: For the prevention whereof his Lordship did thereupon order, That after an Order for a Sergeant at Arms should be granted by the Court, the Register should, on request, draw up the said Order, and deliver the same to the Sergeant at Arms, or his Deputy, and to 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 did further order, That no Order for a Sergeant at Arms drawn up, and past by the Register, should be discharged, and the Contempt thereon, without the Sergeants 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 behalves, 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 Sergeant 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 a Sergeant at Arms, The Counsel moving for a Sergeant 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 Sergeant 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 Sergeant 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. Mercurij 28 die Octobris, Anno Regni Regis Gulielmi Tertij 8. 1696. Ordo Curiae. 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 Clerks and Registers, that all Parties concerned may take notice thereof. Lord Chancellor and Master of the Rolls the 17th of May 1697. forbidding all Master's Clerks of this Court, and Examiner's Clerks to practise as Solicitors. Ordo Curiae. Whereas 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 Examiner's 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 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 Examiner's 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 Employments, but for their Contempts shall stand committed to the Prison of the Fleet; and the Masters of this Court, as also the Examiner's 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 order, That Copies of this Order be sent to the Public Officers of the said Masters and Examiner's of this Court. Geo. Edward's Deputy Register. AN Alphabetical Table of the Principal Matters. A Affidavits. FIling and Registering of Affidavits before they are read, 23 Jan. 1629. 21 June 60, Page 8, 92 And no Process to be grounded upon Affidavit except it be filled, Page 10 Affidavits to be filled and registered in convenient time, Page 94 How the Masters are to take Affidavits, Page 15 Or certify them, Page 74, 146 Affidavits to be written without Blots or Interlineations, 28 Feb. 1632. Page 18 Affidavits to be filled in due and convenient time after they are sworn, ibid. and Page 93 Table of Fees of the Affidavit Office, vide Fees, Page 35 Answer, vide Report. Peers to answer upon Reputation of Honour only, Page 63 Plaintiff need not serve the Defendant with a Subpoena for a further Answer, 1676. Page 192 If the Defendant put not in a perfect Answer within four days, than Process of Contempt, ibid. And the party may proceed on former Pro-Process. Answer how to be drawn, Page 121 No second Commission to Answer without special Order, ibid. Of hearing upon Bill and Answer, Page 122 Twenty shillings Costs for amending an Answer, and if the first Answer be certified insufficient 40 s. Page 123, 124 Of a second Answer, Page 124 So of a third, or fourth, or fifth Answer, ibid. 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, Page 193 And if the Defendant put not in a perfect Answer in eight days, process of Contempt, Page 193 No Exception to Reports touching the sufficiency or insufficiency of the Answers, shall be filled in the Registers Office, unless notice given to the Clerk on the other side, Page 197 Attachments. After Attachment with Proclamation is returned, no Commission to Answer, nor no Plea or Demurrer without notice, Page 121 Register not to enter any Commission, Rule or Attachment, but by Warrant of the Six Clerk, Page 54 Amendment of Letters Patents, the manner how, 16 November 1635. Page 22 How the Master is to demean himself when an Account is referred to him, 29 October 83. Page 201 Attachment for not appearing to a Subpoena, Register not to enter any Commission, Rule or Attachment, but by Warrant under the Six Clerks hand, 1646. vide Contempt. B. HOw Counsel to demean themselves in drawing Bills, Page 113 Of Scandalous Bills, Page 114 Bills to be dated the same day they are brought into the Office, ibid. No Bills to be Engrossed or Copied out of the Office, 1646. Page 55 No Bills, Answers or Plead to be Copied till they are duly filled, 1646. Page 131 Bills to be filled with the Six Clerk, according to their several dates, 16 May 59 30 May 59 Page 83, 86 No Bills, etc. or Records to be carried by the Under-Clerks to be Ingrossed in their Chambers, Page 55 Paper Books called, the Bills and Costs to be brought into Court, Page 80 Register of Commissions of Bankrupts, Page 201 C. Clerks. UNder-Clerks to be allowed Parchment for passing Decrees, 5 June, 11 Car. 1. Page 23 Differences between the Six Clerks and the Examiner's settled, 3 March 36. Page 81 Every Six Clerk, after the end of the Term, to examine their Titling Books by the Filing-Book, 9 June, 14 Car. 1. Page 43 Every Six Clerk to be stinted to twelve Under-Clerks, 25 Jac. 63. Page 111, 226 Ordinances for regulating the Under-Clerks, and augmenting their number, 20 March 88 Page 162, 226 None to have access to the Records, but the sworn Clerks, Page 228 Fine on a Six Clerk for not attending the Hearing, Page 61 Rules of Behaviour of the Six Clerks and Under-Clerks, 9 December 93. Page 160 The Oath of an Under-Clerk, Page 161 A Six Clerk is to take an Articled Clerk for a waiting Clerk, and not to have above two waiting Clerks each, ibid. No sworn Clerk to have more than one Articled Clerk, ibid. The time of admitting the Under-Clerks enlarged, 31 October 68 Page 171 Division of the business of the Six Clerks Office, according to the Alphabet, Page 37 Repealed, Page 108 Commissions. No Commission for examination of Witnesses, to be in or near London, 7 March 1629. not within 20 miles, 15 October 1651. Page 12 Commissioners Names to be entered in a Book, 1646. Page 56 Upon a renewed Commission, all the Witnesses to be examined, Page 133 No Commission ad examinand' Testes to be in London, or within 20 miles, Page 64 Who to bear the Charges of the Commission, Page 132 Certificate, vide Orders, Masters. The Masters not to return special Certificate to the Court, unless required by the Court, Page 144 How Certificates and Reports of the Master are to be drawn, Page 145 The Master's Certificate not being to ground a Decree, is positive, Page 146 Contempts. Process of Contempt to be made, not where the party is Resident, 14, 137, and the precedent Process to be executed. Contempt not to be discharged without the Sergeant at Arms his Fee be paid 4 Nou. 74. 13 July 85. 19 May, 1 Jac. 2. each Process of Contempt to be duly served, Page 138 Upon Motion or Petition, all Attachments in Process shall be discharged upon the Defendants payment of Costs, and filing of his Plea, etc. ibid. The penalty of one appearing to Interrogatories, and Departure before Examination, ibid. Of Commission to prove the Contempt, Page 140 The Interrogatories to be included in such a Commission, ibid. The Master in his Certificate of the Contempt to assess Costs, Page 141 Of abusing those who serve Process, Page 141, 142 After any Order for a Sergeant at Arms, the Register shall draw up the same, and deliver it to the Sergeant, Page 187, 206 Commitment. The Party abusing him that serves Process, shall stand committed: So of Contemptuous Words against the Court, Page 127 Copies. Paper Copies to contain fifteen Lines in a Sheet, 1646. Page 53 No Bills, Answers or Plead to be Copied till they are duly filled, 1646. Page 55 No Copies to be delivered without the hand of the Six Clerk, 16 May Page 59 127 No Records to be carried out of the Office to be Copied, ibid. 67, 84. No Copy to be made till the Original filled, Page 67, 127 Examiner may take out Subpoena's against such as shall be suspected to deliver undue Copies of Depositions, Page 76 Court. Division of Court Business according to the Alphabet, 4 Nou. 37. Car. 1. 25 Jan. 63. 1 Feb. 68 Repealed, Page 157, Usher of the Court forfeited his Place for non-attendance, 25 May 68 Page 158 D. Decrees, Dismissions. A Party committed for breach of a Decree, not to be enlarged till he hath performed it, or given security, Page 143 Decree or Dismission to be signed by the Six Clerk before it shall be presented by the Register, ibid. No Motion shall be for the Retainer of a Bill dismissed, without a Certificate that the Costs are paid, Page 144 No Decree, etc. to be signed by Register, without the Six Clerks hand, Page 56 Decrees with the assistance of the Judges, 23 June, 1646. Page 48 Within one Term any Cause shall be dismissed by Decree or Dismission, the same being delivered to the Six Clerk, 1646. Page 56 Decree dismissed upon Motion, etc. shall be presented to the Register to be signed, 1646. Decrees and Dismissions to be brought over into the Six Clerks Office for allowance of Parchment to enrol it, Page 24 Demurrer. Demurrer or Plea in Disability, or Plea to the Jurisdiction of the Court, Page 117 Every Demurrer ought to express the Causes of Demurrer, Page 118 Demurrer to be entered with the Register within eight days of the firing, ibid. Plea and Demurrer to be put into the Paper two days before the Hearing, Page 62 Depositions. How the Master is to pass the Exemplification of D●p●sitions, Page 144 No Depositions to be opened or copied, till duly filled with the Six Clerk, 1646. Page 55 Depositions to be signed before the Reading, 19 Jan. 94. Order to use Depositions taken in another Cause Page 134 How and when Motion or Petition shall be for the suppressing of Depositions, ibid. No Depositions to be made use of, but such as are taken out of the proper Office and signed by the Register, 19 Jan. 94. E. Exceptions. A Fixed day to be set down for hearing Exceptions to a Master's Report, 14 May 92. Page 236 Suspended, 7 July 93. Page 237 Ten shillings Costs for every Exception overruled, besides 40 s. Costs deposited, 12 Feb 1670. and 20 s. Costs augmented instead of 10 s. 17 June 89. Page 175, 209, 234 Of Exceptions to Master's Report on Account, Page 202, 203 No Exception to a Report, touching an Answer, shall be filled, unless notice be given to the Clerk of the other side, 20 June 75. 30 April 86. Exception to an Answer how to be drawn, and when to be filled, Page 123 Exceptions to Master's Reports, he that files the Exceptions to deposit 40 s. Page 147 He who will file Exceptions to a Report, shall within eight days after procure a fixed day for the setting down such Exceptions to be heard, and give notice, Page 236 Examination of Witnesses, vide Interrogatories. Examination of Witnesses by new Interrogatories at any time before publication, 7 Nou. 13. Car. 1. Page 39 The Plaintiff may take out more Commissions than one to examine Witnesses, 27 Feb 67. Page 72 After publication, Interrogatories in some cases may be administered to examine Witnesses, 27 Feb. 67. Page 156 Witnesses how to be examined in Court by the Examiner's, Page 126 No new Interrogatories to be put to examine the same Witnesses, ibid. No Witnesses to be examined in Court after the day of publication, ibid. The Examiner not to examine any Witness to invalidate the credit of another Witness, Page 128 The Six Clerks or Under-Clerks not to execute any Commission ad examinand' Testes, in or near London, Page 12 Examiner may take out Subpoena's against such as deliver undue Copies of Depositions for the examination of them upon Interrogatories, 17 May 58. Anno Car. 1. primo, Page 4, 76 Difference between the Six Clerk and Examiner settled, 3 March 36. Page 28 F. Clerk's Fees, Page 164 Fees of the Masters of Chancery in Ordinary, Page 95 Table of Fees of the Affidavit Office for Juries in all the Courts to inquire the Fees of the Courts, Page 44 Filing, Registering, Copying, Signing and Certifying any Affidavit, 24 June 37. Page 35 Juries in all Courts to inquire of the Fees of the Court, and their Oath, Anno 1638. Under-Clerks Fees Regulated in Chancery 18 June 68 Page 160, 161, 162 Privilege Wrirs, Pauper Writs, and Renewed Writs, to pay no Fee, 18 Nou. 68 Page 174 Act of Parliament of 13 Car. 2. for the establishing the Fees of the Masters in Chancery in Ordinary, Page 95 Filing. All Clerks to enter Pleas and Demurrers after Filing, 9 July 89. Et sparsim per totum. H. Hearing. OF Hearing Causes, and speeding Remanets, 25 Nou. 36. Page 50 O● Hearing upon Bill and Answer, Page 122 Fine on Six Clerk for non-attending the Hearing, 21 June 50 Page 61 Pleas and Demurrers to be put into the Paper two days before the Hearing, 17 Feb. 50. Page 63 Certificate to be brought at the Hearing, that the Bills and Answers are duly filled, 25 June 58. Page 77 A Note of Causes for Hearing to be set up in the Registers Office, ibid. The Clerk in Court on either side to attend the Hearing, 18 June 86. 219 No Rehearing to be granted, without deposning 5 l. into the hands of the Register, 12 May 86. Page 208 Motions to speed a Cause to Hearing, how to be managed, 9 July 89. Page 232 Two days before the Hearing, the Chancellor to be attended with the Copy of the Decree, and a Copy of the Petition for Rehearing, 23 Oct. 89. Page 233 How and when Causes are to be set down for Hearing, Page 135 To be set down without Fee, ibid. At the Hearing, if no Counsel appear for the Defendant, his Answer shall be read, Page 136 I. Vide Title Examinations. Deed's to be Enrolled within five days after the acknowledgement, 18 June 38. To be Enrolled within 6 Months, Six Clerks to Enrol all Warrants for Patent Leases, 20 Aug. 62. Page 101 Writ of Injunction of Course upon a Dedimus Potestat ', 26 Nou. 49. Page 59 Interrogatories to examine Witnesses, to be signed by Counsel, 29 April 87. Page 217 Interrogatories how far to be extended, or not, Page 139 Injunction not to be stayed, granted or dissolved upon Petition, without notice of the other side, Page 151 Injunction, vide Petition. Inrolment of Patents, Page 194, 195 L. ORder, Affidavit or Certificate touching Idiots, Lunatics, and Non Compus Mentis, to be filled with the Clerk of the Custodies, 13 July 55. Page 70 Amendment of Letters Patents, for a mistake in the Privy Seal, and the Inrolment and Original Bill under His Majesty's Hand, Page 22 M. THursday to be observed for Motions, 18 June 52. Page 65 Motion to speed a Cause to Hearing, 9 July 89. Page 232 Masters Extraordinary not to act within eight Miles of London, 9 Oct. 86. Page 71 How to certify Affidavits, ibid. Minutes of Decrees, and Orders to be read in open Court, 29 April 87. Page 213 Masters, vide Exceptions, Reports. The Masters not to return special Certificates to the Court, unless required by the Court, Page 144 How the Master is to satisfy the Court touching the Defendants Answer, Page 145 The Master's Certificate, not being to ground a Decree, if positive, is to stand, Page 146 Of Masters Extraordinary, Page 148 Orders, vide per totum, vide Petition. Of Orders granted on Petitions, 27 May 87. Page 217 Plea of Outlawry, when good or not, Page 119 P. Petition. NO Process of the Court to issue out upon Petition, till such Petition be first filled, 26 April 47. Page 50 Injunction not to be stayed, granted or dissolved upon Petition, without notice, or Copy of it on the other side, Page 151 No Sequestrations, Dismissions, Retainers upon Dismissions, or final Orders to be granted upon Petition, Page 151 No former Order of Court to be altered or explained upon a Petition, or Commitment of any Person upon Contempt, to be discharged by it, ibid. Petitions to ground Subpoena's when effectual, Page 218 Paper Books called the Bills and Costs to be brought into Court, 30 Octob. 58. Page 80 Plea of Outlawry, vide Outlawry, Page 119 Plea to the Jurisdiction, Page 117 All Plead, etc. to be delivered into the Six Clerk's own hand, or his Deputy, Page 131 Plea depending, a former Suit for the same Matter, Page 120 Privilege. Privilege Writs, and Pauper Writs to be sealed without Fee, Page 100 Clerk of the Hanaper, though suspended from his Office, yet allowed privilege, 30 Jan. 36. Page 32 Privilege for known Clerks of the Court, and their Menial Servants only, Page 6 Writ of Privilege, how and by whom to be allowed, Page 7 Publication. After Witnesses examined in Court, two Rules shall be given for Publication, and upon the return of a Certificate, one Rule only, Page 132 Paupers. No Fee to be taken during the Paupers' business depending in Court, and the penalty, Page 151 Cause of a Paupers' Suit being perpetually dismissed, Page 152 The Counsel who moves for a Pauper, aught to have the Copy of the admittance with him, Page 153 No Process of Contempt to be made at the Suit of a Pauper, till it be signed by the Six Clerk ibid. Patents. Six Clerks to enrol all Warrants for Patent Leases, etc. whereby the Patent-Leases pass the Great Seal. Page 104 Inrolments of Patents, Page 195, 211, 212 Concerning Quakers, Page 189 R. REcords transferred over to the Rolls Chapel 8 December 49. 19 July 58. 29 June 54. 30 July 76. 9 June 86. Page 60, 69, 78, 79 Transferring Records to the Attorney of the other side, 19 June, 14 Car. 1. Page 43 Order for safe keeping the Records, by being duly filled, 16 Nou. 53. Page 66 Records to be delivered to a new Register, 21 June 60. Page 91 Report upon a reference of insufficient Answer, to be filled within one Month after the Date of such Reference, 10 Decemb. 4 Car. 1. Page 5 Reports and Certificates made by the Master, when to be filled, 27 Octob. 92. This Order suspended, 7 July 93. Page 237 Of Reports of the Master on Account, Page 202, 203. Recognizances to be enrolled within six Months after the acknowledgement, 22 July 74. Page 180, 41, 185, 186 S. HOw every Subpoena is to be served, Page 115, 116 How a Subpoena ad Audiendum Judicium is to be served, Page 1, 116 Subpoena ad rejungendum, Page 116, 125 Subpoena ad Audiendum Judicium, Page 116 No Subpoena ad Audiendum Judicium without a Note under Six Clerk's hand, Page 53 No Subpoena to be returned immediate, without the special Command of the Lord Chancellor, 23 June 40. Page 47 How a Subpoena for Costs is to be served, Page 116 Replication to be first filled, before a Subpoena ad Rejungendum shall issue out, 1646. Page 54 What Writs are to be made by the Clerks of the said Subpoena Office only, 21 Nou. 59 Page 86 Punishment of those that forge Subpoena's, 25 Jan. 63. Page 106 W. Witnesses, vide Examination. THe Clerk that shows a Witness, aught to have a Note of his Abode, 9 May 1 Jac. 2. Page 204 In Affidavit of material Witnesses, to examine the chiefest Witness, and the material Points to which they are to be examined, aught to be inserted, 26 Octob. 85. Page 207 How a Witness to be examined, Page 128 Writs, vide Subpoena. Privilege Writs, Pauper Writs and Renewed Writs to be sealed without Fee, 12 Feb. 62. 18 Nou. 68 Page 100 Of what return the Cursitor o make his original Writ, Page 149 FINIS. THE RULES AND ORDERS OF THE COURT OF EXCHEQUER. LONDON, Printed by the Assigns of Richard and Edward Atkins Esquires, for John Walthoe, and are to be sold at his Shop, in the Middle-Temple Cloisters, 1698. ORDERS and RULES of Proceed in the Office of His Majesty's Remembrancer of His Court of Exchequer at Westminster, which the Right Honourable the Lord Chief Baron, and the other Barons have thought sit at present to Ordain, and Publish, for the better and more speedy carrying on the Business in that Office. I. English Bills. EVery Subpoena to Answer, Rejoin, or hear Judgement, shall be served Personally, or left at the Defendants Dwellinghouse, or place of Residence with one of that Family; or otherwise the same Writ, under Seal, shall be showed there, to such Person of such Family, and a Ticket thereof left with such person, containing the effect of the same Writ: And all such Tickets upon a Subpoena to Answer, shall be written in the Exchequer hand in Parchment. II. Filing of Bills. EVery Bill upon a Subpoena retornable immediate, is to be filled before the said issuing of the said Writ, and upon a Subpoena retornable on a day certain, the Bill to be filled within two days after the day of the return; and all others on common Retorns, to be filled within four days after the last day of such return. If the Defendants do appear according to the respective Retorns of the Writs: And if the Bill be not Exhibited accordingly, than the Defendant to be dismissed with four Nobles Costs. III. The day to be set down of the filing of every Bill, Plea, Demurrer, Exception, Replication, and Rejoinder. THe day of Exhibiting of every Bill, and the putting in of all Pleas, Demurrers, Exceptions, Replications and Rejoinders, to be set upon the same, and to be then signed by the Attorney that is towards the same; and likewise the day of every Defendants appearance entered in the Book of Appearances, and no Bill to be accepted till the same be signed by the Attorney for the Plaintiff, and allowed by one of the Barons, except at the Suit of His Majesty's Attorney General. IV. Times of Appearances upon Subpoena's. IF the Defendant do not appear on the next day after service of Process retornable Immediate, or on the second day, on Process retornable on a day certain, or on the fourth day of every Common return; then upon Oath of due Service an Attachment is to be awarded; and all Affidavits to be made in London or Middlesex, and before any of the Barons, be written in Exchequer hand in Parchment. V Touching Contempts. THat after an Attachment is returned for a Contempt by English Bill, the next Process shall be an Attachment with Proclamation, and upon the return thereof, a Commission of Rebellion, and upon return thereof such other Proceed as the Court upon Motion shall direct; and that the Costs be paid by each Defendant named in every of the said Processes, that is to say, every person in an Attachment to pay ten shillings, Attachment 10 s. every person in every Proclamation to pay twenty shillings, Proclamation 20 s. every person in every Commission of Rebellion to pay two pounds thirteen shillings and four pence, Commission of Rebellion 2 l. 13 s. 4 d. and all Costs to be paid either by the Plaintiff or Defendant, or their respective Attorneys in Court, before any further proceed be had on their behalf respectively; and that there be in all Process of Contempt in London and Middlesex, and within fifteen Miles thereof, six days; 6 days. and in all other Counties within sixty miles of London, ten days; 10 days. and for all other Counties, 15 days. fifteen days between the Teste and return of each Process, unless the Court shall order Process retornable immediate: And in any Case where the Sheriff shall return a Cepi Corpus upon Process of Contempt, after a Rule of four days given to bring in the Body, and the Body not brought in, then upon a Motion, a Messenger A Messenger. to go and bring in such Defendant. VI ANSWERS. Time for Defendants to put in their Answers. EVery Defendant shall put in his Answer within eight days after his Appearance, and the Bill filled as aforesaid, if the Bill shall be filled in the Term, or within two days after, in case he doth not desire a Commission to Answer, which is to be entered under his Appearance; and to be retornable the beginning of the following Term, and no Defendant living within fifteen miles of London, 15 Miles no Commission. to have a Commission but by special Order of the Court; and all Defendants living within fifty miles of London, appearing upon a Process retornable the first return of Easter or Michaelmas Terms, Defendants to answer the same Term of the first return. and desiring a Commission to answer, are to return such Commission by the end of the same Term; and every Defendant taking or craving a Commission to answer, is to Rejoin gratis, Rejoin gratis. and join in Commission to examine Witnesses, or else the Plaintiff to have a Commission ex parte within a Week after the end of the Term; and in default of putting in his Answer as aforesaid, an Attachment is to be awarded against him: Attachment three weeks before Term. And where a Commission is prayed, but not taken out within three Weeks of the beginning of the next ensuing Term (except Trinity Term) in such case Process of Contempt to issue retornable the first day of the said next Term. VII. Touching Answers: No Demurrer if in Contempt. EVery Defendant who shall not answer according to the Rule of the Court, but desires a Commission to take his Answer, on taking forth such a Commission, shall not put in a Demurrer or Dilatory Plea, but may put in an Answer or Plea in bar, unless otherwise ordered by Motion in Court. VIII. Payment of Costs upon Contempts for want of Appearances or Answers. EVery Defendant that is in Contempt, shall pay his Costs to the Plaintiff, or his Attorney in Court before his Appearance or Answer be accepted; and no Defendant in Contempt shall put in a Demurrer or Dilatory Plea. IX. Times of setting down Demurrers, Pleas, etc. WHere the Defendant shall put in a Plea or Demurrer, the same is to be set down by the Defendant by the Saturday seven-night following, or else the Plea and Demurrer is to stand overruled: And in case the Plea and Demurrer do stand overruled as aforesaid, or be over ruled at the hearing, the Defendant is forthwith to pay to the Plaintiff, Plea over ruled 40 s. or his Attorney in Court, forty shillings Costs, and after his Answer to rejoin gratis, and join in Commission as aforesaid: And in case the Plea or Demurrer be ordered to stand good, the Plaintiff to pay to the Defendant, or his Attorney in Court, thirty shillings Costs; Good, 30 s. and if the Demurrer be to the whole Bill, If the whole Bill, the Defendant dismissed. If put in Answer two days, etc. and be admitted by the Plaintiff, or allowed by the the Court, the Defendant to stand dimissed with Costs: And if the Defendant will put i … s Answer two days before the day appointed for the hearing of the said Plea and Demurrer, or sooner, and give notice thereof to the Plaintiffs Attorney, he is to pay to the Plaintiff twenty shillings Costs. X. Pleas of Outlawry. UPon a plea of Outlawry, in case the same be admitted by the Plaintiff, or adjudged good, and the Outlawry after Reversed, than the Plaintiff having paid the Costs on the Plea, New Subpoena, may take forth a new Subpoena against the Defendant to answer the said Bill. XI. Admitting of Pleas and Demurrers to be good. IF the Plaintiff, or his Attorney in Court shall two days before a Plea is appointed to be heard, or sooner, give notice to the Defendant, or his Attorney in Court, that he will reply to the same, If reply within a week, or Defendant dismissed, 30 s. the said Plaintiff shall then reply thereto within a Week without Costs, or in default thereof, the Defendant to be dismissed with thirty shillings Costs; and if the Plaintiff or his Attorney shall two days before a Plea or Demurrer is set down to be heard, or sooner, give notice to the Defendant, or his Attorney in Court, that he doth admit the Plea or Demurrer to be good, and shall pay to the Defendant, or his Attorney in Court, twenty shillings Costs, than the Defendant shall not need to attend his Plea or Demurrer. XII. If Demurrer on Mistake. IF the Demurrer be grounded upon some Error, Slip, or Mistake in the Bill, the Plaintiff shall be permitted of course to amend the same, paying to the Defendant, or his Attorney in Court, twenty shillings Costs: 20 s. Costs. But if the Plaintiff shall not within four days, after such Demurrer, put in, amend, or alter it, and pay the Costs, than the Demurrer shall be determined in Cou●t. Or determined in Court. XIII. Pleas of Dependences of a former Suit. IF the Defendant shall plead the dependency of a former Suit for the same matter complained of in the Bill, and the Plaintiff shall admit of the said Plea, that. than the Plaintiff shall forthwith pay to the Defendant, or his Attorney in Court, 40 s. Costs. forty shillings Costs: And if the Plaintiff shall not two days before the same is set down to be heard, or sooner, admit the said Plea, and pay forty shillings Costs; then the same is to be heard in Court: And if upon hearing it shall be adjudged a good Plea, than the Plaintiff to pay three pounds Costs. 3 l. If heard. XIV. Exceptions. EVery Plaintiff that shall take Exceptions to the Defendants Answer, shall put in his Exceptions to the same within four days within the Term next after the coming in of the Answer, and set down the same to be heard on the Saturday seven-night following: To be heard. in case the Defendant will put in his Answer before the time appointed for the hearing of the same Exceptions, he is to put in the same two days, or sooner, before the time for the hearing thereof, and he is to pay but twenty Shillings Costs; If answer, 20 s. and if upon hearing the Exceptions, the Defendant be ruled to Answer, the Defendant shall forthwith pay to the Plaintiff, or his Attoney in Court, If heard, 3 l. three pounds Costs, and shall put in his Answer within eight days, Answer in 8 days. unless he desire a Commission to answer; in both which Cases he is to Rejoin gratis, and join in Commission as aforesaid. And if the Defendants Answer shall be adjudged good, the Plaintiff shall forthwith pay to the Defendant, or his Attorney in Court, Answer good, 40 s. forty shillings Costs. And all Answers coming in after the setting down of Causes, are to be taken as Answers of the succeeding Term. XV. Second Insufficient Answer. THat every Defendant putting in a Second Insufficient Answer, shall pay double Costs, Double Costs. as if the first Answer had upon hearing been adjudged insufficient. Every Defendant putting in a third Insufficient Answer, shall in like manner pay triple Costs: Third, triple Costs. And every Defendant putting in a fourth Insufficient Answer, Fourth, as Court shall order. shall pay such further Costs, as the Court shall think fit, to the Plaintiff, or his Attorney in Court, and shall stand committed to the Fleet, and be examined upon Interrogatories. XVI. Proceed upon Process of Contempt upon Insufficient Answers. EVery person in Contempt, for not appearing, and that shall after clear his Contempts and appear, but shall incur any other Contempts for not answering according to the Rules, shall pay the like Costs, and have the Process of Contempt continued against him till there shall be a sufficient Answer put in, as if he had not appeared: And the like Rule where persons are in Contempt for not Answering until they have fully answered; but upon clearing his Contempt, he is to have an allowance of what Costs he paid upon the former Contempt. XVII. Plaintiffs dismission of the Bill before Replication. IF a Plaintiff will dimiss his own Bill before he Reply, he shall pay forty shillings Costs, unless the Court shall think fit upon Motion to increase the same. XVIII. Proceed on the bringing to the Bar for want of Appearance or Answers. IF a Defendant be brought to the Bar by Habeas Corpus for not appearing, his Appearance shall be then Recorded, and he forthwith charged with the Bill the first time, and stand committed; and if afterwards he do not answer according to the course of the Court, being brought twice more to the Bar by Habeas Corpus, or by Rule of Court, and charged with the Bill each time, the Bill shall be taken pro Confesso Pro Confess. against him. XIX. Hearing Causes upon Bill and Answer. IF the Plaintiff shall set down his Cause to be heard upon Bill and Answer, and serve the Defendant to hear Judgement; and if upon hearing the Court doth not think fit to make any Decree upon Bill and Answer, and shall permit the Plaintiff to reply, Plaintiff permitted to reply. he shall forthwith pay to the Defendant, or his Attorney in Court, 5 l. Costs. five pounds Costs for his unjust vexation, and Reply within eight days, Reply in eight days. or else the Defendant to stand dismissed with the said five pounds Costs; and if he doth Reply, the Defendant is to Rejoin gratis, and join in Commission, which Commission shall be taken forth to be executed the next Vacation, except in the Vacation after Easter Term. XX. Commissions for want of Replication, or for not proceeding after Replication. IF the Plaintiff doth not Reply to the Defendants Answer some time the next Term, after the Answer is put in, the Defendant may the Term following give a Rule to be dismissed within a Week; and if the Plaintiff shall not within that time Reply to the Defendants Answer, the Defendant shall be dismissed with five Marks Costs; but if the Defendant doth give a Rule to be dismissed for want of a Replication, at the coming in of such Replication the Defendant is to Rejoin gratis, To Rejoin gratis. and join in Commission; and if the Plaintiff doth doth not the same Term, or the Term following take forth a Commission to examine Witnesses, the Defendant may either take forth a Commission, ex parte, or else be dismissed with five pounds Costs: If don't take Commission, Defendant dismissed with 5 l. Costs. And in Cases where the Defendant shall give a Rule, either for not Replying to the Defendants Answer, or for not Proceeding after Replication, if there be not a Week in Term, the Plaintiff to have a day to show Cause till the setting down of Causes. Time for Rule. Setting down Causes. XXI. Examination of Witnesses. IF the Defendant being served with a Subpoena to Rejoin, or appearing Gratis, to rejoin and join in Commission, shall not deliver Commissioners Names to the Plaintiffs Attorney by the end of that Term, and strike Names within four days after the end of that Term, Time for Defendants to join in Commission. the Plaintiff may take a Commission ex parte. XXII. Execution of Commissions to examine Witnesses. WHen a Commission is taken out, if through the default of the party, having the carriage of the same, or of his Commissioners, the same be not executed, he shall pay unto the other party such reasonable Costs as he or his Solicitor shall, upon Oath, make appear he was put unto by such failure, and shall renew such Commission at his own charge, wherein the adverse party may join, and Cross examine such Witnesses, if he think fit; but if he examine any Witnesses of his own, than he is to pay the Half Fee of the Commission, and the adverse party may also have a Duplicate of such Commission; and if the party taking out of such renewed Commission, do not give notice to execute his Commission eight days before the return thereof, Commission to be eight days before returned. that then the adverse party, upon four days notice may execute his Commission, and no second Commission to be awarded without Motion in Court. XXIII. Renewed Commissions to be Executed. IF at the instance of a Defendant, a Commission to examine Witnesses is ordered to be renewed, either for a default by him, or his Commissioners, or because he did not examine all his Witnesses by the first Commission, he shall at his peril examine all his Witnesses by such renewed Commission, or in Court by the return thereof; and no more Commissions to issue, except it be for the examination of Witnesses beyond the Seas, or by further order of Court: No more Commissions, except for Witnesses beyond Sea, or order of Court. And that no Witnesses shall be examined at the hearing of any Cause viva voce, without special Order of this Court, made before the Hearing of the Cause. XXIV. No Commission in London. THat no Commission ad examinandum Testes be exhibited in London, or within ten miles thereof, without special Order first obtained upon Affidavit made of the Parties inability to travel, or other good matter: And that all Depositions taken by Commission in London, or within ten miles thereof, without special Order as aforesaid, shall stand superseded, and suppressed ipso facto, and not allowed to be read in Evidence at the hearing of the Cause; and after Interrogatories are exhibited of either side, neither Party shall add to, or alter the same, without leave of the Court. No Interrogatories added without leave of the Court. XXV. Publication. PUblication to pass within one Week after every Commission returned, or the Witnesses examined in Court, if no Cause be showed to the contrary; and where a Rule for Publication shall be given, there not being not a Week A Week. in Term, day shall be given to show Cause to the contrary at the setting down of Causes. Or setting down of Causes. XXVI. Use of Depositions of Witnesses. DEpositions of Witnesses in several Causes, which are merely Cross Causes (that is to say) between the same Parties, and touching the same Matter, may be used at the hearing of both Causes coming to hearing together, without any Motion or Order in that behalf. XXVII. Setting down of Causes in London, or within sixty Miles, in Easter or Michaelma. Term. NO Causes shall be put into the General Bill of Causes, to be set down to be heard, till Publication is past, except it be by special Order of Court; and when Publication is past, the Cause to be set down for the Term following, except in Cases where the Parties live in London, or within sixty Miles thereof; wherein if a Replication be filled in Trinity or Hillary Terms, and Publication do pass the first Week of Michaelmas or Easter Terms following, If Publication past the first Week in Term. such Cause may be set down to be heard the last day of Causes of such Michaelmas or Easter Terms. XXVIII. Subpoena '. to hear Judgement. SVbpoena's to hear Judgement shall be served in London, or within sixty miles of the City of London, ten days London, 10 days. before the day of hearing of the said Cause; and in more remote places, fourteen days Remote 14 days. before such day of hearing, except in Trinity Term, Defendant, 10 days. and then the Defendants inhabiting in the more remote Parts, to have but ten days notice. XXIX. Hear. IF the Defendant shall be served to hear Judgement, and make Default, and hath day given him to show Cause why a Decree should not be made against him, such Defendant, or his Counsel shall not be heard therein, till he first pay down to the Plaintiff, or his Attorney in Court, 5 l. Costs; 5 l. Cost if the Defendant attend not. and in case the Defendant doth attend the Hearing, being duly served, and that appear to the Court; and if the Plaintiff doth not attend, the Cause to be put out of the Paper, and the Plaintiff to pay to the Defendant 5 l. Costs; Plaintiff to pay 5 l. before heard. and the Defendant may set down the Cause to be heard the next Term ad requisitionem Defend ', the Plaintiff to pay the said 5 l. Costs before his Counsel be heard. XXX. Rules on Hearing on Motions. THat the Judgement pronounced on every Hearing, and the Rule given on every Motion, shall be truly taken, and fairly written by His Majesty's Remembrancer, Minutes. or his Deputy, and openly read before another Cause or Motion be begun, to the end if the same be mistaken, it may be rectified by the Court. XXXI. Entries of Decrees and Dismissions. ANd every Decree or Order of Dismissions made by the Court, that is not entered some time before the last day of the next Term, Next Term. after the pronouncing thereof, shall not be entered, but upon Motion in open Court. XXXII. Decrees and Orders. EVery Order and Decree to be drawn up as short Short as with conveniency they can be, without reciting the former Orders and Plead at large. XXXIII. Bills of Review. WHere a Bill of Review shall be brought, the Plaintiff in such Bill shall pay the Costs taxed, or due in the former Cause, and enter into a Recognizance Pay Costs, and enter into a Recognizance. of such Penalty as the Court shall appoint, to perform the same, in case the same shall be affirmed, and to pay such further Costs as this Court shall direct, otherwise the Defendant not to be enforced to give any Answer to such Bill, or incur any Contempts No Contempts. for his neglect therein. XXXIV. Proceed upon Bills to Examine Witnesses in perpetuam rei memoriam. WHere a Bill shall be exhibited to examine Witnesses in perpetuam rei memoriam, and the Defendant being served with Process, doth not appear, but stands in Contempt, the Plaintiff may then upon Motion have a Commission to examine his Witnesses de bene esse; and where the Defendant shall have appeared, he may join in Commission, if he think fit, and Cross-Examine the Plaintiffs Witnesses, Defendant cross examined. he striking Commissioners Names within four days after the making of the Order for such Commission: And after the Defendant hath answered such Bill, the Plaintiff is then to Reply, Plaintiff to reply. and re-examine such of his said Witnesses, formerly examined, as shall be then living; and upon the return of the same Commission, and the Depositions thereby taken, together with the Depositions of such of the Witnesses formerly examined, Depositions of dead and other, etc. as were before the Execution of such second Commission dead, are fortwith to be published. XXXV. Contempt in not performing Orders and Decrees. THat no Person shall be in Contempt for not performing any Order or Decree of the Court, until he shall be served therewith, by delivering a true Copy thereof, and showing the Decree or Order under the Seal of the Court unto such person, Under Seal personally, or an Oath. and if the Party cannot be found to be personally served, upon Oath first made thereof, and an Order of Court thereupon, the Writ of Execution to be left at his House, Left at House, or Clerk 〈◊〉 Court or place of his last abode, or a Copy thereof with his Clerk in Court, and that to be good Service to bring him in Contempt. XXXVI. Times for coming in of Reports, and for filing of Exceptions to Reports. WHere the Court upon hearing any Cause, shall refer any Matter of Account, or other Matter to be Reported to the Court, such Report shall be made, and delivered to the sworn Clerk concerned in the Cause, To come in 6. days. six days before the time appointed for hearing of the Cause upon such Report, who is forthwith to give notice to the Clerk on the other side; and if the adverse Party will take Exceptions to the same, he shall put in such Exceptions two days Exceptions 2 days. at least before the hearing of the Cause. XXXVII. Not performing Decrees. WHere several things are to be performed by a Decree on the part of the Defendant, and the Defendant is brought in upon Contempt for not performing some part of that Decree, he is not to be enlarged until he shall perform that part of the Decree that is to be presently done, and give security by Recognizance Recognizance. with Sureties, as the Court shall order, to perform the other part. XXXVIII. Examination of Persons in Contempt. WHere any person appeareth in Court, upon Process of Contempt, to be examined upon Interrogatories, he is to stand committed Stand Committed. to the Fleet, unless he acknowledge a Recognizance Recognizance. of 100 l. or more (if the Case require it) to appear the die in diem, and not to departed without licence of the Court, and then Interrogatories shall be exhibited for his Examination within four days after such his appearance; Interogatories to be exhibited 4 days after appearance, or dismissed. and in default thereof the party prosecuted shall be dismissed with Costs; upon which Examination, if the Defendant deny the Contempt, or the same doth not clearly appear, the Prosecutor may upon Motion Examine Witnesses for proof thereof upon notice given to the Defendant, A Commission on Motion. or his Attorney in Court, or by Commission, for which he may name a Commissioner, but is not to examine any Witnesses upon his part, unless he shall satisfy the Court upon some matter of Fact necessary to be proved for clearing the truth: In which case the Court, if there be Cause, will give leave to him to examine Witnesses to such particular Points, so directed by the Court; and the other side may Cross-Examine the said Witnesses. XXXIX. Touching the same. ANd when a Commission is taken out to prove a Contempt, the Party prosecuted shall have a day to appear upon his said Recognizance till the return of the Commission: And if the Commission be not returned within a Week, after the return thereof, the Party prosecuted shall be discharged of his Contempt with Costs, and his Recognizance vacated. XL. Beating or Abusing the Persons serving the Process. WHere any Oath shall be made of Misdemeanour of Beating or Abusing the Party upon serving the Process, or Order of the Court, the Party offending shall stand Committed upon Motion, and no Examination No Examination. is in that Case to be admitted; and when an Affidavit shall be made by two Persons of Scandalous and Contemptuous Words Two Persons, Contemptuous Words. against the Court, or the Process thereof, the Party offending shall likewise stand Committed upon Motion, without any further Examination; and a single Affidavit Single Affidavit. in such Case shall be sufficient to ground an Attachment, whereupon such Person shall be brought to be examined; and if the Misdemeanour shall be confessed, or proved against him, he shall stand Committed Stand Committed. until he satisfy the Court touching his said Misdemeanour, and pay the Prosecutor his Costs: But if he shall not thereof be found guity, save by the Oath of the Party that made the Affidavit, he shall be thereof discharged, yet without any Costs, in respect of the Oath made against him, as aforesaid. XLI. Injunctions. THat no Injunction be granted, or day given to show Cause why the same should not be granted, but upon Motion in open Court, satisfying the Court with such Matter as may induce the Court in Justice to grant the same, and where there are Exceptions put in to an Answer, the Plaintiff may move for an Injunction upon opening of a material Exception to the Court. XLII. Taxing of Costs. THat in all Cases where Costs are to be Taxed upon a Bill of Costs in the Office of His Majesty's Remembrancer, His Majesty's Remembrancer is to Tax the Costs, but shall not Tax the same without notice given to the Attorneys on both sides to attend him. XLIII. Bills of Revivor IF a Defendant be served with Process upon a Bill of Revivor, and shall not Answer, or desire a Commission within eight days, Revived 8 days. the former Proceed shall stand revived upon Motion. XLIV. Serving of Sheriffs, or under-sheriffs with Orders. THat where a Sheriff, or Under-Sheriff is ordered to perform any thing by the Order of the Court, serving of the Sheriff, or Under-Sheriff with a true Copy of such Order under the Seal Under Seal. of the Court, and Affidavit made thereof, and Warrant thereupon from one of the Barons, shall be a sufficient Service to bring the said Sheriff, or Under-Sheriff in Contempt if he do not perform the same. XLV. Sheriff to name Attorneys. THat all Sheriffs shall have and assign their able and sufficient Attorney and Deputy in this Court, the same Court setting, which shall attend this Court from time to time, to receive and return the Writs and Commandments of the same, according to the Statute in that behalf provided; and that every Sheriff upon the entering into his Recognizance, do declare and deliver unto one of the sworn Clerks in the Office of His Majesty's Remembrancer, the Name of such Attorney or Deputy, so by him assigned. XLVI. Rules to Sheriff to return Process. ANd where a Sheriff neglects to return any Process delivered to him, Rules may be given the last day of the Term for to return such Writs by the Sealing-day, or to be amerced 40 s. Sealing-day, or amerced 40 s. XLVII. Paupers. IF any Person shall petition to be admitted in Forma Pauperis, he shall bring a Certificate, under his Counsel's hand Certificate under Counsels Hand. upon his Petition, that he hath probable Cause of Suit, and make usual Oath before he be admitted, Affidavit. and such Counsel to be assigned for one. XLVIII. Notes of Informations. THat according to an Order of Court made the second day of July 1686. upon the making out of any Process upon any Information to be exhibited in the Office of His Majesty's Remembrancer in this Court for the Seizure Seizures. of any Goods, there shall be a brief Note or Entry made by one of the sworn Clerks, in a Book to be prepared for that purpose, of the Name of the Party that seized the same, and of the Quality of the Goods seized, together with the day of the Month when the same is Exhibited; and that upon the making out of any Process upon personal Informations Personal Informations. upon Penal Statutes, there shall be a brief Note or Entry made by one of the sworn Clerks, in the said Book, of the Names of the Plaintiffs and Defendants, together with the Day of the Month when the same is Exhibited, unto which Book such person as is, or shall be employed on behalf of His said Majesty for the recovering and getting in His said Majesty's Moiety, or part of such Forfeitures, may have recourse and free liberty to inspect and peruse the same. Majesty's Agent to inspect. XLIX. Records of Recoveries and Fines to be perfected. THat the Records of the Recovery of all Goods or Merchandizes seized for being prohibited or unaccustomed, and all Fines rated for the same shall be perfected and finished by the first day of the next Term following the Term of such Recoveries had, or Fine rated, to the end the same may be drawn down into the Pipe. L. Plead upon Personal Informations. EVery Defendant appearing upon an Information, or Quo Warranto, except Informations of Seizure, is to plead to the same within four days of the next Term Plead 4 days next Term. after his appearance to the same, or in default thereof, Judgement by Nihil Dicit to be entered: And where a Defendant being served with Process to appear to an Information, shall neglect to appear the same Term, and is taken upon Process of Contempt, retornable the following Term, he shall then Plead within four days after his appearance. Four days after appearance on Contempt. LI. Contempts, etc. THat after an Attachment is Returned upon any Contempt upon an Information, the next Process shall be an Attachment with Proclamation, and upon the return thereof, a Commission of Rebellion, and then upon Motion, a Sergeant at Arms, Same Costs as by Bill. and the same Costs are to be paid upon Contempts on Informations, as is directed before upon prosecution of English Bills. LII. Joining in Demurrer. WHen a Demurrer is filled, the Defendant shall Join in Demurrer within six days, or else Judgement by Nihil Dicit to be entered. LIII. Informations and other Matters of Law. WHen a Replication is filled, the Defendant shall Rejoin within four days, or else Judgement by Nihil Dicit to be entered. LIV. Rules upon Retorns of Scire Facias. UPon Writs of Scire Facias Returned the last day of the Term, and upon Inquisitions than Returned, whereon Goods are seized, Rules may be given for the Defendants to appear upon such Writs of Scire Facias, and to claim the property of such Goods seized by the Sealing-day after each Term, and in default thereof, Proceed to be had in each Case respectively, as where there are days in Term for giving such Rules. LV. Notice of Trials. NOtice of all Trials in London▪ or Middlesex to be given six days before such Trials, and of Trials at Assizes, notice to be given within six days after the the end of the Term. LVI. Entering Judgement after Trials. UPon the return of every Postea, Judgement to be entered within four days upon a Rule given, if nothing be said to the contrary, upon Trials in London and Middlesex, and within the Term, Judgement to be entered of the same Term; and upon Trials at the Bar, Judgement to be entered within four days after such Trial, if there be so many days in Term; and if there be less than four days in Term, than Judgement to be entered the last day of the Term. LVII. Irregularities in Plead. THat all differences touching Irregularities in Proceed, or upon the Rules of the Court, shall be determined by His Majesty's Remembrancer, or his Deputy, upon hearing the Attorneys on both sides, who is to settle the same if he can, and give Costs where he shall find the fault, if not, the Court to determine the same. LVIII. THat His Majesty's Remembrancer or his Deputy, and the sworn Clerks in the Office, do diligently attend in Court, and do give an Account touching any Proceed in Court, as they shall be required. Some Law Books, lately Printed for J. Walthoe at his Shop in the Middle Temple Cloisters. 1. NOw Reprinted, The Lord Coke Reports in French, with References to all the Ancient and Modern Books of the Law. 2. A View of the Penal Laws concerning Trade and Traffic, wherein is Collected all the Statutes to the end of the last Session, 1697. 12mo. 3 s. 3. The Country Justice, concerning the Practice of the Justices of the Peace, in their Sessions, and out of Sessions; gathered for the better help of such Justices of Peace, as have not been much Conversant in the Study of the Laws of this Realm, by Mich Dalton, Esq; Folio, 14 s. 4. Cases Argued and Decreed in the High Court of Chancery, from the 12th year of King Charles the Second, to the 31st. Folio, 12 s. 5. An Abridgement of all the Statutes of King William and Queen Mary, 8vo. 4 s. 6. The Method of Pleading by Rule and Precedent: 1. In twelve several Branches of Abatement, and Judgements thereon. 2. In ten General Bars to the Action. 3. Special Bars in Case, (viz.) Slander, Assumpsit, Disturbance, Misfeazance, Negligence, Trover, Deceit, Nuisance, Rescue and Escape; with the Pleading of Uncore Priest or Adhuc Paratus. 4. Bars in Covenant, with Averments, Protestations, Traverses and Pleas after the last Continuance; and also many Special Rules concerning the Bar, Replication, rejoinder, Surrejoynder, etc. With particular Cases, Notes and Arguments, relating to the Advantage and Method in Pleading. Useful for the Clerks and Attorneys of the Kings-Bench and Common-Pleas, 8vo. 5 s. 7. Lex Custumaria, or A Treatise of Copyhold-Estates, in respect of the Lord and Copyholder, wherein the Nature of Customs in general, and of particular Customs Grants and Surrenders, and their Constructions and Expositions in reference to the thing granted or surrendered, and the Uses or Limitations of Estates are clearly illustrated, together with the manner of Declaring and Pleading, either generally, or as to particular Customs, with Trial and Evidence of Custom, and of Special Verdicts, etc. 8vo. 5. 8. Trials per Pais: Or, The Law of England concerning Juries by Nisi Prius, etc. newly revived and much enlarged, with an Addition of Precedents and Forms of Challenges, Demurrers upon Evidence, Bills of Exception, Pleas Puis le Darrein Continuance, etc. The Third Edition corrected and ammended, to which is now added a farther Treatise of Evidence, etc. 8vo. 5 s. 9 The Practic Part of the Law; showing the Office of an Attorney, and a Guide for Solicitors in all the Courts of Westminster, with the true manner of their Proceed in any Actions Real, Personal or mixed, from the Original to the Execution: Now newly set forth by the ablest Practisers of the several Courts, with an exact Table of the Principal Matters, 8vo. 5 s. 10. The Law of Obligations and Conditions: wherein is contained the whole Learning of the Law concerning Bills, Bonds, Conditions, Statutes, Recognizances and Defeazances; as also Declarations on Special Conditions, and the Plead thereon, Issues, Judgements and Executions, with many other useful Matters, digested under their proper Titles, etc. 8vo. 4 s. 6 d. 11. Nomo Lexicon: a Law Dictionary, interpreting such difficult and obscure Words and Terms as are found either in our Common or Statute, Ancient or Modern Laws, with References to the several Statutes, Records, Registers, Law-Books, etc. wherein the Words are used. The Second Edition, with the Addition of above 600 Words, by Tho. Blunt of the Inner-Temple, Esq; Folio, 10 s. 12. The Pleading and Aeguments (upon the Quo Warranto against the Charter of London) of Mr. Finch and Sir Robert Sawyer, the King's Solicitor and Attorney General, and Sir George Treby, the Recorder of London, and now Lord Justice of the Common-Pleas, and the late Lord Chief Justice Pollixfen, for the said City; the whole Proceed faithfully taken from the Records; wherein is comprised all the Learning of Corporations, whether forfeitable, how, and for what, etc. Folio. 6 s. 13. The Statutes at Large in Paragraphs and Sections, or Numbers, from Magna Charta to the end of the last Session of Parliament, May 3. 1695. in the seventh year of His Majesty King William III. in Two Volumes, 3 l. FINIS