Ordines cancellariæ, being orders of the High Court of Chancery, from the first year of King Charles I, to this present Hillary term, 1697 ... to which is added the Rules and orders of the Court of Exchequer.

Martis 20 die Martij, Anno Regni Ja∣cobi II. Regis 4. 1688.

Touching Regulating the Under-Clerks.

An Ordi∣nance.

* 1.1WHereas by a Decree heretofore made by the Right Honoura∣ble the Lord Keeper, &c. and the Ho∣nourable the Master of the Rolls, bear∣ing date the 18th day of June, in the 20th year of the Reign of his late Ma∣jesty King Charles the Second of bles∣sed 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 ad∣mitted 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 num∣ber 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 ad∣mitted to the place of an Under-Clerk in the said Office, should be in the Judgment of the Master of the Rolls, fitly qualified for such Imployment, at or before the time of such his admissi∣on, and also before his and their en∣trance upon that Imployment, should take the Oath thereby directed, for his honest and faithful behaviour, and true dealing with, and towards the Records, Rolls, Pleadings, Books and Writings of this Court, and the other due performance of his place. And it was thereby further Ordered, Ordain∣ed and Decreed, That no person upon any pretence whatsoever, should here∣after be permitted to practise as an Un∣der-Clerk in the said Office, but such only as should be first sworn, and ad∣mitted

as aforesaid. And whereas for want of observance, and due obedi∣ence to the said Decree, and other Or∣ders made in persuance thereof, mani∣fold disorders, and undue practices have crept into the said Six Clerks Office, amongst the Six Clerks, and the sworn Clerks, and especially by a liberty that the Six Clerks of this Court have assumed, and continued to themselves, against the express words of the said Decree, the Duty of their places, and in Contempt of this Court, to allow, permit and license several persons to practise in the said Office, without being either allowed, sworn or admitted by the Master of the Rolls, as the sworn Under-Clerks of this Court are, and of right ought to be, to the confusion, mislaying, imbez∣ling, falsifying, razing and defacing, and sometimes to the loss of the Re∣cords, Rolls, Pleadings, Books and Writings of this Court: And also that the sworn Clerks of this Court have retained more Under-Clerks than one apiece, and have discharged and turned them off from their Service be∣fore they are preferred, to the undo∣ing, and utter ruin of many, and to the discouragement of the training up and breeding of industrious and dili∣gent

Young Clerks to serve and suc∣ceed 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 Har∣bottle Grimstone, late Master of the Rolls: All which Abuses, Irregulari∣ties and Disorders tend manifestly to the obstruction of Justice, and the or∣derly proceedings and dispatch there∣of, 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 Jef∣freys, 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 Chan∣cery Order, Ordain, and Decree, That all and every such person and persons, so as aforesaid allowed,* 1.2 permitted or licensed by the Six Clerks in their se∣veral Divisions and Offices, called su∣pernumerary▪ 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 wri∣ting 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 De∣cree. And to the end that there should not be wanting a convenient and suffi∣cient number of honest, able and ex∣pert Under-Clerks for the orderly pro∣ceeding, carrying on and quiet dis∣patch of the Suitors, and business of this Court, his Lordship the Lord High Chancellor, and his Honour the Ma∣ster of the Rolls do think it very fit and necessary, and do thereby Order, Ordain and Decree,* 1.3 That five Under-Clerks, such as his Honour, the Ma∣ster of the Rolls shall in his Judgment 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, Dues and Duties, as the now sworn Under-Clerks of this Court have en∣joyed and paid, or ought to have, en∣joy and pay, all which number, ma∣king fifteen in every Six Clerks Divisi∣on, 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 re∣spective places, as his Honour in his Judgment shall think fitly qualified, and allowed of for the said Imploy∣ment, the nomination of the Six Clerks being only for his Honours informati∣on, 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 admit∣ted: 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, write and officiate in, in the Six Clerks Office, as the Master of the Rolls shall think fit to order and appoint: But no Seat now belonging to any of the sworn Clerks, shall be hereby altered, removed or abridged without his or their consent. And for the better putting in execution of this Ordinance and Decree, and the encou∣ragement of the Young Clerks, now Servants, or which hereafter shall be Clerks Servants, to the sworn Under-Clerks of this Court;* 1.4 it is hereby Or∣dered, Ordained and Decreed, That from henceforth none shall be permitted to sit or write, or dispatch any business as a Clerk in the said Office of Six Clerks, or have access to, or copy the Records thereof, but only the Six Clerks, and sworn Under-Clerks, and their Clerks Servants respectively, which the Six Clerks and sworn Under-Clerks of this Court are hereby severally strictly required to perform and keep, upon the peril of the forfeiture of their Places. And it is further Ordained and Decreed, That certain Orders made by the Honourable Sir Harbottle Grimstone, late Master of the Rolls, for the better execu••ing of the aforesaid ••ecited Decree, bearing date the 18th

of June, in the 29th year of his late Majesty King Charles the Second, of blessed memory, for the better regula∣ting 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, sub∣ject to such further additions and alte∣rations 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 preserva∣tion of the Records and Pleadings of this Court, wherein the security of the King, and the Justice of this Court is so much concerned; the which to preserve from all frauds and evil practices, is the true aim and end of this present Ordinance and Decree: It is hereby Ordered Ordained and Decreed,* 1.5 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 pe∣ril of his place, deliver any Bill, An∣swer or Pleadings of this Court, to

any person whatsoever,* 1.6 other than to a sworn Clerk of this Court, or to their respective waiting Clerks, for whom they are to be answerable; and that no sworn Clerk of this Court, upon the peril of his place, do deliver to any person whatsoever, any Bill, Answer or Pleadings of this Court, other than to his respective Clerks Servants, for whom he is to answer, except by the Order of the Lord Chancellor, Master of the Rolls, or of this Court. And lastly, It is Or∣dered, Ordained and Decreed, That this present Decree shall be inrolled in the Judgment Rolls of this Court, to be observed for the future, to all in∣tents and purposes, according to the tenor and true meaning hereof.

• Jeffreys, C.
• ...J. Trevor.

Notes

• * 1.1

  Vide supra 18 Junij 20 Car. 2.
• * 1.2

  Supernumerary Clerks (except two waiting Clerks to each Six Clerks) not sworn, dischar∣ged from pra∣ctising in the said Office.
• * 1.3

  Five Under-Clerks to be added to ten sworn Under-Clerks in every Six Clerks Di∣vision.
• * 1.4

  None permit∣ted to dispatch any business in ••he Office as a Clerk, or have necess to the the Records, but sworn C••erks and their Servants.
• * 1.5

  No Master to deliver any An∣swer or Plead∣ing to any but a Six Clerk, or sworn Under-Clerk.
• * 1.6

  No Six Clerks to deliver any Bill, Answer or Pleading to any person, but to a sworn Clerk, or his waiting Clerk.