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of the Rolls, made an order, that each of the six clerks should be limited to eight clerks at the most, (but which number was afterwards increased, first to nine, and then to ten,) to serve under him, and that each of those eight should take an oath of office thereby prescribed, from whence they were called Sworn Clerks, as they have ever since been; but it does not appear that any provision was then made as to what fees, or portion of the fees, payable by the suitors whose business was transacted in the court, were or was to be paid to or received by them.

The situation of the six clerks, and of the sworn clerks, continued as established by the above order, till the 11th year of King Charles I. and in that year the six clerks obtained letters patent of incorporation, with various powers, and particularly with power to divide the suits among themselves, according to the letters of the alphabet; and for a short time afterwards the business of the court was so divided among the six clerks, by virtue of the said letters patent; but on the 3d of December 1637, Sir Dudley Digges, then Master of the Rolls, conceiving the said letters patent to be in the nature of a monopoly, and therefore against law, caused a petition to be presented to his Majesty, who then claimed a right of nominating to the offices of six clerks, in respect thereof and upon such petition it was referred by his Majesty in council to the Judges, for their opinion touching the legality of the said letters patent; and after much debate, the letters patent were waived, and not afterwards insisted on during that reign. And by a parliamentary ordinance, dated 25th August 1654, intituled, "The Jurisdiction of the High Court of Chancery limited, and Proceedings there regulated;" it was, among other things, ordained, That from and after the 22d of October 1654, there should be a certain number of attornies of the Court of Chancery, not exceeding threescore, who should be nominated by the Master of the Rolls, and being approved by the Lords Commissioners, should be by them sworn attornies in the said court, and should receive the 3s. 4d. termly fee, formerly therein mentioned to be received by the six clerks and it was [543] also ordained, that, instead of six clerks, there should be three chief clerks, and no more; and that such three clerks should perform every matter and thing which the six clerks theretofore ought to have done, except intermeddling in any cause as attornies; and that after the time aforesaid, no other person should execute the office of a six clerk and it was further ordained, that the Master of the Rolls should take care that all the pleadings, papers, books, and proceedings, filed in or belonging to the office of the six clerks, should be disposed of and filed in three offices there, and that the attornies aforesaid should be distributed equally into the said three offices; and the chief clerks were to receive one moiety of the fees for copying; and for all other matters contained in the table thereunto, so much of the fees therein set down, proportionably, as the six clerks formerly did and might receive.

In the year 1656, by another parliamentary ordinance, the above ordinance of the 25th of August 1654, was continued for twelve months.

On the 4th of March 1657, the last mentioned ordinance being then expired, an order was made by the then Lords Commissioners of the great seal, whereby, after reciting that there had been a doubt, since the expiration of the late ordinance for regulating of the High Court of Chancery, amongst the officers of the court, in relation to what fees should be received for dispatch of the business of the court in the several offices thereunto belonging, it was ordered, that all things, as to the fees received for dispatch of the business of the court, should continue in such sort as they had been used for the space of two years then last past and after further reciting, that there had been much disturbance and interruption in the proceedings of the said court, by reason of the several claims and pretences of right, as well of those that were the six clerks before the said ordinance, and who, upon the expiration thereof, conceived themselves to be remitted into their former places, as also of the sixty lately sworn and admitted attornies, who conceived themselves still to remain attornies of the court; it was also ordered, that the said sixty attornies should have free liberty to proceed in and manage the several causes wherein they were or should be retained or employed, and for that purpose should have free access to the records of the said court, and liberty to copy the same for their clients, and should also receive back from the seal all such commissions, write, and process, as they should make and put to seal for their several and respective clients, they paying for the seals thereof, and