Second considerations concerning the High Court of Chancery, and the most excellent ordinance for the regulation and limitation of that court by Edw. Leigh, Gent.
         Leigh, Edward, 1602-1671.
      
       
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             Second considerations concerning the High Court of Chancery, and the most excellent ordinance for the regulation and limitation of that court by Edw. Leigh, Gent.
             Leigh, Edward, 1602-1671.
          
           [3], 13 p.
           
             Printed by J.G. for Rich. Marriot, and are to be sold at his shop ...,
             London :
             1658.
          
           
             Reproduction of original in Bodleian Library.
          
        
      
    
     
       
         eng
      
       
         
           England and Wales. -- Court of Chancery.
        
      
    
       A47619  R22117  (Wing L1002).  civilwar no Second considerations concerning the High Court of Chancery, and the most excellent ordinance for the regulation and limitation of that cour Leigh, Edward 1658    4694 4 0 0 0 0 0 9 B  The  rate of 9 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 
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           SECOND
           CONSIDERATIONS
           Concerning
           the
           HIGH
           COURT
           of
           CHANCERY
           ,
           And
           the
           Most
           Excellent
           ORDINANCE
           For
           the
           REGULATION
           and
           LIMITATION
           OF
           THAT
           COURT
           .
        
         
           BY
           
             EDW.
             LEIGH
          
           GENT.
        
         
           Salus
           Populi
           Suprema
           Lex
           .
        
         
           
             LONDON
             ,
          
           Printed
           by
           
             I.
             G.
          
           for
           
             Rich.
             Marriot
             ,
          
           and
           are
           to
           be
           sold
           at
           his
           Shop
           in
           S.
           
             Dunstans
          
           Church-yard
           ,
           
             Fleet-street
             ,
          
           1658.
           
        
      
    
     
       
       
       
         
           SECOND
           CONSIDERATIONS
           Concerning
           the
           Regulation
           of
           the
           High
           Court
           of
           CHANCERY
           .
        
         
           BEing
           ,
           during
           the
           sitting
           of
           the
           late
           Parliament
           assured
           of
           a
           strong
           endeavour
           to
           have
           the
           late
           Ordinance
           of
           his
           Highness
           and
           his
           Councel
           for
           Regulation
           and
           Limitation
           of
           the
           Chancery
           repealed
           ,
           or
           with
           silence
           to
           fall
           to
           the
           ground
           ,
           to
           the
           great
           prejudice
           of
           the
           Common-wealth
           ,
           I
           took
           the
           boldness
           (
           though
           against
           my
           judgment
           ,
           as
           to
           publication
           of
           any
           of
           mine
           own
           observations
           or
           conceptions
           )
           to
           cause
           a
           small
           Pamphlet
           to
           be
           imprinted
           to
           give
           notice
           to
           the
           Commonwealth
           of
           the
           prejudice
           it
           was
           like
           to
           suffer
           by
           the
           repeal
           or
           expiration
           of
           that
           Ordinance
           ,
           with
           desire
           that
           all
           good
           People
           of
           this
           Common-wealth
           would
           address
           themselves
           to
           the
           late
           Parliament
           to
           take
           the
           Ordinance
           and
           Regulation
           of
           the
           Chancery
           into
           consideration
           ,
           and
           before
           the
           ending
           thereof
           ,
           to
           take
           some
           course
           for
           the
           Regulation
           of
           that
           Court
           ;
           That
           Matters
           there
           might
           not
           return
           to
           the
           former
           Incertainties
           ,
           Delayes
           ,
           Absurdities
           and
           Expences
           ;
           which
           was
           aimed
           at
           by
           those
           persons
           (
           who
           ought
           out
           of
           Conscience
           and
           Duty
           to
           the
           Common-wealth
           to
           have
           been
           more
           just
           and
           kind
           thereto
           )
           that
           nevertheless
           have
           occasioned
           that
           evil
           and
           mischief
           since
           befallen
           the
           Common-wealth
           by
           obtaining
           an
           Act
           for
           the
           Ordinance
           to
           continue
           no
           longer
           then
           until
           the
           ending
           of
           the
           late
           Parliament
           .
        
         
           But
           that
           mischief
           that
           I
           then
           foresaw
           ,
           being
           by
           the
           sudden
           dissolution
           of
           the
           late
           Parliament
           happened
           ,
           I
           have
           now
           again
           
           ventured
           to
           revive
           my
           former
           Observations
           ,
           professing
           that
           as
           in
           all
           my
           actions
           hitherto
           I
           have
           had
           no
           unjust
           aimes
           or
           ends
           to
           the
           disadvantage
           or
           detriment
           of
           any
           ;
           so
           my
           undertaking
           at
           this
           present
           is
           onely
           for
           the
           honour
           of
           his
           Highness
           and
           his
           Council
           ,
           and
           the
           good
           and
           welfare
           of
           the
           Common
           wealth
           ,
           which
           all
           consciencious
           men
           in
           my
           judgment
           ought
           to
           promote
           .
        
         
           I
           have
           very
           many
           years
           been
           a
           Suitor
           and
           a
           sufferer
           in
           that
           Court
           ,
           and
           thereby
           some
           experience
           is
           beaten
           into
           me
           ;
           that
           I
           am
           able
           to
           observe
           a
           great
           deal
           of
           difference
           between
           the
           chargeableness
           ,
           tediousness
           and
           other
           inconveniences
           formerly
           there
           ,
           and
           the
           great
           benefit
           and
           ease
           the
           People
           have
           enjoyed
           by
           the
           Ordinance
           :
           and
           if
           in
           relation
           to
           it
           I
           say
           
             bonum
             est
             esse
             hic
             ;
          
           I
           am
           confident
           I
           shall
           have
           the
           concurrent
           desires
           and
           suffrage
           of
           every
           judicious
           honest
           person
           in
           the
           whole
           Nation
           .
        
         
           For
           indeed
           ,
           amongst
           the
           many
           things
           that
           Time
           and
           Corruption
           had
           made
           the
           object
           of
           Reformation
           in
           this
           Nation
           ,
           nothing
           had
           more
           need
           of
           a
           Regulation
           and
           Reforming
           ,
           then
           the
           High
           Court
           of
           Chancery
           ;
           which
           was
           formerly
           ,
           and
           especially
           of
           later
           times
           ,
           so
           chargeable
           to
           Suitors
           in
           the
           prosecution
           and
           defence
           of
           their
           Causes
           ;
           And
           so
           corrupt
           and
           uncertain
           in
           the
           practise
           thereof
           ,
           That
           instead
           of
           a
           Sanctuary
           to
           the
           Oppressed
           ,
           it
           was
           become
           a
           most
           intolerable
           burthen
           to
           the
           Nation
           ;
           And
           (
           notwithstanding
           all
           addresses
           to
           the
           long
           Parliament
           )
           so
           continued
           ,
           until
           the
           Parliament
           which
           began
           in
           the
           year
           1653.
           (
           which
           was
           composed
           of
           persons
           ,
           though
           perhaps
           not
           very
           learned
           States-men
           ,
           yet
           doubtless
           men
           of
           very
           good
           and
           honest
           intention
           ,
           and
           very
           sensible
           of
           the
           Burthen
           of
           the
           Nation
           ,
           by
           whom
           it
           was
           Voted
           to
           be
           taken
           away
           :
           )
           But
           that
           Parliament
           dissolving
           it
           pleased
           his
           Highness
           to
           continue
           that
           Court
           ,
           it
           being
           indeed
           of
           very
           excellent
           use
           for
           the
           Nation
           ,
           and
           without
           which
           it
           cannot
           subsist
           as
           the
           Common
           Law
           now
           stands
           ;
           
           And
           both
           it
           and
           the
           Common
           Law
           being
           challenged
           by
           the
           People
           as
           their
           indubitate
           Birth-right
           .
        
         
           Yet
           notwithstanding
           his
           Highness
           was
           pleased
           to
           appoint
           divers
           of
           the
           long
           Robe
           to
           consider
           of
           a
           way
           for
           the
           Regulation
           and
           Reformation
           of
           that
           Court
           :
           But
           they
           ,
           (
           for
           what
           reason
           I
           know
           not
           )
           did
           not
           effect
           that
           good
           work
           ,
           so
           much
           longed
           for
           ,
           and
           needed
           by
           the
           People
           of
           this
           Land
           .
        
         
           Whereupon
           his
           Highness
           by
           advice
           of
           his
           most
           H●norable
           Council
           (
           notwithstanding
           the
           other
           great
           and
           important
           business
           for
           the
           Government
           and
           Safety
           of
           the
           Nation
           laid
           on
           them
           )
           did
           make
           an
           Ordinance
           for
           the
           Regulation
           and
           Limitation
           of
           that
           Court
           ,
           a
           better
           ,
           or
           more
           accurate
           and
           excellent
           this
           Land
           and
           Nation
           never
           saw
           ,
           which
           after
           much
           strugling
           ,
           almost
           a
           year
           after
           the
           making
           thereof
           ,
           was
           put
           in
           execution
           ;
           Whereat
           (
           as
           no
           good
           man
           could
           take
           exception
           ,
           so
           )
           none
           but
           those
           concerned
           in
           point
           of
           a
           Corrupt
           interest
           ,
           could
           ,
           or
           did
           speak
           against
           :
           And
           it
           may
           be
           well
           observed
           ,
           that
           since
           the
           same
           was
           put
           in
           execution
           ,
           no
           complaints
           have
           been
           heard
           against
           it
           from
           the
           People
           ,
           for
           whose
           good
           and
           ease
           chiefly
           the
           same
           was
           made
           .
        
         
           Yet
           nevertheless
           since
           the
           beginning
           of
           the
           late
           Parliament
           ,
           some
           unnecessary
           ,
           burthensome
           Officers
           ,
           which
           either
           had
           part
           of
           their
           former
           unconscionable
           gain
           taken
           from
           them
           ,
           or
           else
           their
           Office
           set
           aside
           as
           unnecessary
           ,
           have
           been
           indefatigable
           in
           their
           endeavours
           ,
           to
           get
           that
           most
           excellent
           Ordinance
           expelled
           .
        
         
           And
           a
           Committee
           of
           Parliament
           being
           appointed
           for
           the
           view
           of
           the
           Ordinance
           made
           by
           his
           Highness
           in
           the
           interval
           of
           Parliaments
           ,
           that
           Ordinance
           was
           most
           especially
           struck
           at
           ,
           through
           the
           clamours
           of
           those
           late
           unnecessary
           Officers
           of
           that
           Court
           ,
           who
           aimed
           not
           at
           the
           good
           of
           their
           Countrey
           ,
           but
           their
           own
           unconscionable
           gain
           .
        
         
           Nevertheless
           it
           pleased
           the
           Parliament
           to
           refer
           the
           matter
           to
           another
           Committee
           to
           amend
           that
           Regulation
           ,
           setled
           
           by
           the
           Ordinance
           (
           if
           they
           saw
           cause
           )
           and
           to
           send
           for
           Parties
           ,
           Papers
           ,
           
             &c.
             
          
           Which
           Committee
           accordingly
           meeting
           ,
           the
           Attorneys
           by
           command
           ,
           and
           the
           late
           Six
           Clerks
           attended
           them
           ;
           where
           the
           Counsel
           for
           the
           Six
           Clerks
           was
           heard
           in
           a
           most
           tedious
           and
           impertinent
           discourse
           :
           And
           the
           Attorneyes
           receiving
           then
           a
           command
           from
           that
           Committee
           ,
           to
           prepare
           their
           reasons
           in
           writing
           ;
           And
           to
           set
           forth
           wherein
           the
           Ordinance
           was
           good
           or
           bad
           for
           the
           People
           ,
           and
           a
           very
           short
           time
           given
           them
           to
           that
           purpose
           ,
           they
           (
           as
           I
           have
           heard
           )
           accordingly
           prepared
           their
           Reasons
           ,
           and
           attended
           to
           have
           presented
           them
           to
           the
           Committee
           .
        
         
           But
           the
           Committee
           not
           afterwards
           meeting
           ,
           the
           Attorneys
           Reasons
           could
           not
           be
           presented
           to
           them
           ;
           and
           the
           Ordinance
           being
           since
           by
           Act
           of
           Parliament
           onely
           to
           continue
           during
           the
           sitting
           of
           the
           Parliament
           ;
           The
           Parliament
           being
           dissolved
           ,
           the
           late
           Six
           Clerks
           without
           Right
           or
           Authority
           have
           re-assumed
           the
           places
           by
           them
           formerly
           held
           ,
           though
           the
           Office
           of
           a
           Six
           Clerk
           is
           utterly
           abolished
           by
           the
           Ordinance
           of
           Regulation
           ,
           and
           the
           Act
           of
           Parliament
           for
           confirmation
           thereof
           ,
           although
           indeed
           the
           Ordinance
           be
           unhappily
           expired
           through
           the
           art
           and
           industry
           of
           those
           whom
           the
           Common-wealth
           hath
           no
           reason
           to
           thank
           for
           their
           pains
           .
        
         
           And
           those
           unnecessary
           Officers
           do
           again
           contrary
           to
           the
           Order
           of
           the
           Right
           Honourable
           the
           Lords
           Commissioners
           of
           the
           Great
           Seal
           of
           
             England
             ,
          
           made
           after
           two
           solemn
           debates
           by
           learned
           Counsel
           on
           both
           sides
           ,
           exact
           the
           unconscionable
           exorbitant
           Fees
           by
           them
           formerly
           taken
           ,
           and
           endeavour
           to
           introduce
           the
           former
           corrupt
           and
           dilatory
           way
           of
           practice
           and
           proceedings
           in
           that
           Court
           ,
           to
           the
           great
           prejudice
           of
           the
           Common-wealth
           .
        
         
           It
           therefore
           concerneth
           all
           honest-minded
           People
           of
           this
           Nation
           ,
           That
           they
           make
           their
           Humble
           addresses
           to
           his
           Highness
           and
           his
           most
           Honourable
           Councel
           ;
           That
           they
           
           take
           the
           Ordinance
           into
           consideration
           ;
           And
           that
           what
           shall
           appear
           to
           be
           good
           therein
           may
           be
           confirmed
           ;
           And
           what
           shall
           be
           found
           therein
           to
           be
           short
           for
           the
           intended
           welfare
           of
           the
           Nation
           ,
           may
           be
           supplied
           ;
           And
           what
           appeareth
           to
           them
           to
           be
           any
           way
           discommodious
           to
           the
           People
           (
           if
           any
           such
           thing
           there
           be
           )
           may
           be
           amended
           ;
           that
           so
           ,
           so
           good
           a
           Constitution
           may
           not
           fall
           to
           the
           ground
           unregarded
           ,
           which
           hath
           with
           so
           much
           deliberation
           and
           resolution
           ,
           been
           appointed
           for
           the
           good
           and
           ease
           of
           the
           people
           .
        
         
           And
           to
           the
           end
           the
           people
           may
           be
           the
           better
           informed
           of
           the
           advantage
           they
           have
           ,
           and
           shall
           receive
           by
           that
           Ordinance
           ,
           It
           were
           to
           be
           wished
           that
           those
           Reasons
           that
           the
           Attorneys
           or
           Clerks
           of
           the
           Chancery
           had
           provided
           to
           be
           presented
           to
           the
           Committee
           of
           Parliament
           ,
           were
           made
           publick
           :
           But
           as
           there
           is
           just
           cause
           to
           fear
           that
           in
           them
           the
           Arrow
           was
           not
           drawn
           to
           the
           head
           (
           in
           their
           composing
           ,
           there
           being
           a
           great
           opposition
           ,
           as
           I
           have
           been
           informed
           ,
           even
           amongst
           themselves
           )
           So
           without
           doubt
           they
           are
           now
           suppressed
           through
           the
           influence
           and
           awe
           the
           before-mentioned
           unnecessary
           Officers
           have
           over
           the
           abject
           and
           private
           spirits
           of
           the
           present
           Attorneys
           .
        
         
           The
           Ordinance
           in
           the
           first
           place
           provides
           a
           convenient
           number
           of
           Attorneys
           ,
           who
           are
           to
           solicite
           and
           manage
           the
           Clients
           cause
           for
           3
           
             s
             —
             4
             d.
          
           a
           Term
           ,
           which
           Fee
           was
           formerly
           received
           by
           the
           Six
           Clerks
           ,
           for
           doing
           nothing
           at
           all
           for
           the
           benefit
           of
           the
           Client
           ,
           who
           was
           forced
           either
           to
           imploy
           a
           Solicitor
           to
           manage
           his
           business
           ,
           to
           his
           great
           loss
           ,
           or
           else
           to
           manage
           it
           himself
           :
           whereby
           his
           cause
           oftentimes
           miscarried
           through
           (
           either
           his
           own
           or
           his
           Solicitors
           )
           ignorance
           .
        
         
           For
           the
           other
           matters
           formerly
           done
           by
           the
           Six
           Clerks
           ,
           it
           is
           by
           the
           Ordinance
           provided
           to
           be
           done
           by
           three
           Chief
           Clerks
           ,
           who
           have
           Fees
           amounting
           to
           500
           l.
           a
           year
           apiece
           ,
           which
           is
           a
           competent
           allowance
           for
           their
           labour
           ,
           they
           being
           to
           file
           the
           Pleadings
           and
           Records
           ,
           to
           have
           an
           inspection
           upon
           
           the
           Attorneys
           ,
           to
           make
           Certificates
           of
           matters
           referred
           to
           them
           by
           the
           Court
           ,
           touching
           the
           Regularity
           of
           proceedings
           to
           set
           down
           Causes
           for
           hearing
           ,
           and
           Tax-costs
           ;
           all
           which
           was
           better
           done
           by
           them
           ,
           than
           ever
           it
           was
           done
           by
           the
           Six
           Clerks
           ▪
           saving
           that
           the
           chief
           Clerks
           ,
           who
           were
           three
           of
           the
           late
           Six
           Clerks
           ,
           did
           not
           in
           some
           things
           pursue
           the
           Ordinance
           according
           to
           their
           duty
           .
        
         
           Now
           this
           and
           the
           abatement
           of
           Fees
           ,
           are
           the
           things
           that
           were
           struck
           at
           by
           the
           late
           Six
           Clerks
           ,
           and
           other
           useless
           Officers
           ,
           whose
           pretence
           is
           ,
           That
           their
           places
           ,
           and
           the
           Old
           Fees
           are
           their
           Free-hold
           ,
           and
           therefore
           ought
           not
           to
           be
           taken
           from
           them
           ;
           That
           they
           purchased
           their
           places
           ,
           and
           that
           they
           are
           of
           great
           Antiquity
           .
        
         
           As
           to
           their
           Freehold
           ,
           I
           wonder
           whose
           Freehold
           their
           places
           had
           been
           ,
           if
           the
           Little
           Parliament
           had
           passed
           an
           Act
           for
           taking
           away
           the
           Court
           ,
           as
           the
           former
           Parliament
           did
           for
           taking
           away
           the
           Star-Chamber
           ,
           and
           High-Commission
           Court
           ;
           and
           this
           Parliament
           the
           Court
           of
           Wards
           :
           in
           which
           divers
           as
           useful
           Officers
           as
           they
           ,
           without
           reparation
           lost
           their
           places
           ,
           as
           much
           their
           Free-hold
           as
           the
           Six
           Clerks
           ,
           and
           also
           purchased
           at
           as
           dear
           rates
           .
           But
           the
           Six
           Clerks
           may
           see
           their
           own
           unjust
           practice
           justly
           retaliated
           on
           them
           ,
           that
           used
           at
           their
           pleasures
           ,
           without
           cause
           ,
           to
           turn
           out
           the
           Clerks
           bred
           up
           there
           into
           the
           wide
           world
           ,
           to
           sterve
           ,
           if
           they
           had
           nothing
           else
           to
           live
           upon
           .
        
         
           Besides
           ,
           they
           cannot
           chuse
           but
           know
           there
           is
           a
           Law
           still
           in
           force
           against
           buying
           of
           Offices
           ;
           which
           Law
           (
           if
           they
           bought
           their
           places
           )
           they
           have
           transgressed
           ,
           and
           thereby
           
             ipso
             facto
          
           forfeited
           them
           :
           but
           they
           may
           please
           to
           remember
           that
           those
           places
           were
           conferred
           on
           Four
           of
           the
           Six
           by
           the
           late
           long
           Parliament
           for
           a
           temporary
           supply
           in
           regard
           of
           their
           alledged
           losses
           ,
           the
           same
           being
           sequestrated
           or
           taken
           away
           for
           delinquency
           from
           the
           former
           Six
           Clerks
           ,
           two
           whereof
           are
           still
           alive
           ,
           and
           have
           more
           reason
           to
           complain
           then
           those
           
           who
           by
           the
           profits
           of
           the
           places
           ,
           and
           the
           labours
           of
           other
           men
           have
           not
           onely
           been
           repaid
           what
           ever
           they
           lost
           ,
           but
           have
           exceedingly
           enriched
           themselves
           .
        
         
           And
           for
           their
           Antiquity
           ,
           it
           is
           very
           apparent
           that
           the
           number
           of
           Clerks
           or
           Attorneys
           of
           that
           Court
           was
           in
           old
           times
           uncertain
           ,
           sometimes
           more
           ,
           sometimes
           less
           ,
           as
           the
           business
           of
           the
           Court
           required
           :
           for
           in
           
             Edward
          
           the
           First●s
           time
           they
           were
           Six
           ;
           afterwards
           they
           were
           reduced
           to
           Three
           :
           and
           in
           
             Richard
          
           the
           Second's
           time
           they
           were
           increased
           to
           Six
           again
           ,
           in
           which
           number
           they
           found
           the
           means
           to
           continue
           ;
           and
           at
           first
           did
           the
           business
           of
           the
           Court
           and
           Client
           ,
           and
           officiated
           as
           Registers
           and
           Examiners
           ,
           and
           sometimes
           made
           Motions
           in
           Court
           ;
           but
           for
           above
           an
           hundred
           years
           past
           have
           ceased
           to
           act
           as
           Attorneys
           ,
           and
           onely
           acted
           as
           Prothonotaries
           in
           other
           Courts
           ,
           being
           an
           oppression
           both
           to
           the
           People
           and
           over
           their
           Clerks
           ,
           who
           have
           ever
           since
           performed
           the
           Office
           of
           Attorneys
           ,
           and
           done
           the
           business
           of
           the
           Court
           ,
           and
           Clients
           who
           retained
           ,
           imployed
           ,
           and
           trusted
           them
           ,
           and
           not
           the
           Six
           Clerks
           .
           And
           the
           business
           of
           the
           Court
           being
           now
           so
           much
           increased
           that
           Six
           Clerks
           cannot
           possibly
           do
           it
           ,
           it
           is
           hoped
           that
           is
           no
           more
           injustice
           to
           increase
           the
           number
           of
           Attorneys
           now
           ,
           than
           it
           was
           in
           times
           past
           .
           And
           certainly
           the
           Office
           of
           an
           Attorney
           being
           not
           executable
           by
           a
           Deputy
           ,
           the
           Six
           Clerks
           can
           no
           more
           claim
           to
           be
           Attorneys
           ,
           than
           the
           Prothonotaries
           of
           other
           Courts
           .
        
         
           And
           I
           hope
           the
           Six
           Clerks
           will
           be
           so
           ingenuous
           as
           to
           confess
           ,
           that
           besides
           the
           impossibility
           for
           them
           to
           sollicite
           the
           Clients
           Causes
           ,
           not
           one
           or
           all
           of
           them
           togethe
           are
           able
           to
           do
           any
           thing
           belonging
           to
           an
           Attorney
           or
           Clerk
           to
           do
           ,
           
             viz.
          
           To
           draw
           all
           special
           Writs
           ,
           Commissions
           ,
           Decrees
           ,
           Dismissions
           ,
           and
           to
           make
           and
           write
           all
           other
           Writs
           ,
           and
           Copy
           Records
           .
           This
           being
           true
           ,
           why
           should
           they
           be
           paid
           for
           what
           they
           neither
           do
           ,
           or
           know
           how
           to
           do
           ;
           or
           monopolize
           the
           place
           of
           an
           Attorney
           which
           they
           cannot
           execute
           ?
        
         
         
           Thus
           I
           hope
           it
           is
           apparent
           their
           removal
           is
           no
           injustice
           ,
           and
           that
           the
           increase
           of
           the
           number
           of
           Attorneys
           is
           a
           benefit
           to
           the
           Common-wealth
           ;
           and
           there
           is
           no
           doubt
           but
           if
           the
           Ordinance
           ,
           as
           to
           the
           Officers
           ,
           Clerks
           ,
           and
           Attorneys
           of
           the
           Court
           ,
           were
           put
           more
           strictly
           and
           duly
           in
           execution
           ,
           it
           would
           be
           of
           admirable
           benefit
           to
           all
           Suitors
           ,
           and
           those
           that
           are
           sued
           in
           that
           Court
           ;
           for
           the
           tediousness
           of
           Suits
           is
           by
           the
           Ordinance
           very
           well
           provided
           against
           ,
           as
           also
           divers
           Writs
           ,
           as
           
             Subpoena's
          
           to
           make
           a
           better
           answer
           ,
           and
           to
           rejoyn
           ,
           are
           taken
           away
           ;
           as
           likewise
           whereas
           before
           ,
           when
           Witnesses
           were
           examined
           in
           Court
           ,
           or
           by
           Commission
           
             ex
             parte
          
           it
           was
           ordinarily
           two
           or
           three
           Termes
           before
           publication
           could
           passe
           ,
           now
           it
           is
           provided
           in
           the
           Ordinance
           to
           pass
           in
           a
           Week
           .
           Not
           to
           speak
           of
           the
           Plaintiffs
           giving
           security
           ,
           because
           I
           think
           little
           use
           was
           made
           of
           it
           ,
           and
           it
           was
           a
           great
           trouble
           and
           charge
           to
           the
           Party
           :
           But
           yet
           there
           is
           an
           Act
           of
           Parliament
           for
           it
           in
           
             Henry
          
           the
           Sixths
           time
           ,
           and
           so
           it
           was
           but
           an
           old
           Law
           newly
           revived
           ,
           and
           that
           and
           the
           filing
           of
           Bills
           before
           the
           awarding
           of
           the
           
             Subpoena's
          
           according
           to
           the
           Prayer
           of
           the
           Bill
           ,
           was
           a
           means
           to
           hinder
           men
           from
           bringing
           frivolous
           and
           vexatious
           suits
           ;
           a
           thing
           too
           often
           practised
           in
           that
           Court
           .
        
         
           And
           the
           taking
           of
           Answers
           in
           the
           Country
           by
           Masters
           extraordinary
           is
           of
           great
           use
           to
           the
           People
           ,
           the
           same
           being
           formerly
           done
           by
           a
           Commission
           wherein
           the
           Tenor
           of
           the
           Bill
           was
           included
           ,
           for
           which
           the
           Client
           paid
           Six-pence
           a
           sheet
           ,
           though
           the
           same
           were
           of
           no
           use
           at
           all
           ,
           there
           being
           a
           Copy
           of
           the
           Bill
           taken
           ,
           by
           which
           the
           Defendants
           answer
           was
           alwayes
           drawn
           ,
           before
           the
           Commission
           was
           opened
           :
           but
           if
           the
           Commission
           were
           amended
           ,
           and
           the
           Clause
           of
           including
           the
           Tenor
           of
           the
           Bill
           ,
           omitted
           ,
           I
           believe
           it
           would
           be
           a
           greater
           ease
           to
           the
           People
           ,
           who
           were
           often
           enforced
           to
           travel
           many
           miles
           to
           a
           Master
           extraordinary
           ,
           to
           swear
           to
           their
           answers
           ;
           &
           would
           also
           save
           some
           charges
           and
           expences
           ▪
        
         
         
           Likewise
           the
           making
           of
           all
           Writs
           open
           cannot
           but
           be
           a
           great
           satisfaction
           to
           the
           People
           ,
           they
           being
           thereby
           enabled
           to
           see
           whether
           the
           Writ
           have
           any
           mistake
           in
           it
           or
           not
           ,
           whereas
           while
           they
           were
           close
           ,
           the
           Client
           was
           often
           put
           to
           a
           deal
           of
           fruitless
           charge
           ,
           especially
           in
           the
           Commissions
           ,
           to
           examine
           Witnesses
           ,
           as
           I
           my self
           have
           found
           by
           experience
           ;
           and
           likewise
           it
           is
           left
           by
           the
           Ordinance
           at
           the
           Clients
           liberty
           to
           execute
           a
           Commission
           in
           any
           place
           ,
           which
           without
           doubt
           is
           ,
           and
           may
           be
           of
           good
           consequence
           for
           the
           amicable
           ending
           of
           suits
           ,
           especially
           if
           the
           Commissioners
           be
           men
           of
           judgment
           and
           integrity
           .
        
         
           And
           there
           are
           some
           abuses
           which
           may
           be
           committed
           in
           the
           Examiners
           Office
           ,
           which
           is
           impossible
           to
           be
           discovered
           when
           it
           is
           done
           :
           for
           a
           man
           may
           be
           examined
           in
           his
           own
           cause
           ,
           and
           may
           procure
           his
           own
           witnesses
           to
           be
           cross
           examined
           on
           the
           other
           side
           ,
           and
           so
           prevent
           any
           exceptions
           to
           their
           persons
           or
           testimony
           ,
           of
           both
           which
           there
           hath
           been
           of
           late
           complaints
           ;
           which
           enormity
           is
           impossible
           to
           be
           committed
           at
           the
           execution
           of
           Commissions
           .
        
         
           Also
           the
           frequent
           renewing
           of
           Commissions
           ,
           tending
           onely
           to
           delay
           ,
           is
           well
           provided
           against
           by
           the
           Ordinance
           ,
           and
           the
           Defendants
           having
           a
           Duplicate
           ,
           is
           of
           advantage
           to
           him
           ,
           especially
           in
           cases
           where
           his
           witness
           are
           ancient
           and
           sickly
           .
        
         
           Likewise
           the
           granting
           of
           Injunctions
           meerly
           upon
           the
           course
           of
           the
           Court
           ,
           
             viz.
          
           upon
           the
           Defendants
           taking
           a
           Commission
           to
           answer
           sitting
           in
           contempt
           ,
           or
           making
           an
           insufficient
           answer
           ,
           was
           heretofore
           a
           great
           grievance
           to
           the
           Nation
           ,
           but
           very
           well
           provided
           against
           by
           the
           Ordinance
           ,
           to
           be
           granted
           onely
           upon
           sound
           and
           satisfactory
           grounds
           .
        
         
           And
           also
           whereas
           heretofore
           a
           Defendant
           could
           hardly
           put
           in
           any
           answer
           but
           the
           Plaintiff
           would
           put
           in
           exceptions
           so
           it
           ,
           which
           were
           referred
           to
           a
           Master
           ,
           who
           usually
           favoured
           the
           Plaintiff
           ,
           and
           so
           the
           Client
           was
           put
           to
           a
           double
           charge
           ;
           
           Now
           by
           the
           Ordinance
           it
           is
           provided
           that
           only
           the
           Master
           of
           the
           Rolls
           shall
           hear
           them
           :
           and
           the
           most
           honourable
           and
           judicious
           Gentleman
           the
           present
           Master
           of
           the
           Rolls
           hath
           so
           impartially
           heard
           those
           matters
           ,
           that
           it
           is
           believed
           the
           putters
           in
           of
           frivolous
           exceptions
           have
           little
           encouragement
           thereto
           for
           the
           future
           ,
           wch
           is
           also
           a
           great
           ease
           to
           the
           People
           .
        
         
           Likewise
           the
           making
           of
           Orders
           upon
           whispering
           Petitions
           is
           provided
           against
           ,
           and
           Orders
           to
           be
           made
           onely
           upon
           Motion
           in
           Court
           ;
           and
           therein
           also
           the
           Right
           Honorable
           the
           Lords
           Commissioners
           of
           the
           Great
           Seal
           are
           much
           to
           be
           honored
           for
           their
           Order
           of
           Notice
           upon
           Motions
           .
        
         
           And
           the
           Provisions
           in
           the
           Ordinance
           concerning
           Mortgages
           ,
           are
           very
           just
           and
           impartial
           ,
           and
           the
           Mortgager
           hath
           thereby
           a
           convenient
           time
           for
           redemption
           of
           his
           Land
           ,
           and
           the
           other
           a
           sure
           way
           for
           recovery
           of
           his
           just
           debt
           ,
           which
           formerly
           he
           received
           by
           minute
           parcels
           ,
           whereas
           his
           Mortgage
           money
           was
           lent
           in
           grosse
           ,
           and
           the
           Mortgager
           often
           enforced
           to
           an
           accompt
           after
           twenty
           years
           possession
           ,
           to
           his
           great
           and
           intolerable
           damage
           .
        
         
           Also
           the
           provision
           for
           References
           to
           be
           determined
           by
           three
           of
           the
           Six
           Masters
           of
           the
           Chancery
           in
           Ordinary
           together
           ,
           is
           most
           excellent
           :
           the
           benefit
           to
           the
           people
           by
           it
           is
           very
           apparent
           ,
           and
           I
           my self
           cannot
           but
           recompt
           it
           as
           beneficial
           in
           my
           particular
           Cases
           ,
           with
           gratitude
           for
           the
           justice
           by
           them
           done
           .
           And
           I
           shall
           not
           much
           insist
           on
           this
           particular
           ,
           because
           the
           grievances
           formerly
           were
           crying
           ,
           and
           universally
           known
           and
           felt
           ,
           and
           the
           parties
           that
           did
           the
           wrong
           are
           deceased
           ,
           and
           therefore
           I
           wish
           their
           doings
           may
           be
           buried
           with
           them
           ;
           and
           I
           have
           so
           much
           Charity
           as
           to
           hope
           they
           did
           according
           to
           their
           judgments
           :
           and
           it
           shall
           be
           my
           prayer
           that
           the
           Ordinance
           may
           be
           punctually
           observed
           ,
           and
           neither
           Masters
           nor
           their
           Register
           ,
           for
           any
           respects
           whatsoever
           ,
           recede
           from
           their
           directions
           in
           and
           by
           the
           Ordinance
           ;
           
           and
           then
           it
           must
           be
           a
           new
           generation
           that
           will
           complain
           against
           them
           (
           I
           have
           good
           reason
           to
           hope
           this
           will
           not
           )
           if
           they
           have
           done
           ,
           and
           shall
           persevere
           to
           do
           according
           to
           the
           Ordinance
           .
        
         
           It
           is
           also
           provided
           by
           the
           Ordinance
           ,
           that
           the
           Registers
           places
           shall
           not
           be
           executed
           by
           Deputies
           ,
           which
           I
           hope
           no
           man
           will
           speak
           against
           ;
           for
           what
           reason
           is
           there
           that
           another
           person
           should
           have
           a
           tribute
           out
           of
           the
           labour
           of
           men
           who
           spend
           a
           great
           part
           of
           their
           age
           in
           attaining
           to
           ability
           in
           their
           Profession
           ,
           and
           then
           take
           a
           great
           deal
           of
           pains
           to
           do
           the
           Clients
           business
           ?
           Why
           should
           the
           poor
           Client
           pay
           Fees
           to
           another
           by
           whom
           he
           receives
           no
           benefit
           ?
           and
           the
           allowance
           yielded
           to
           the
           Labourer
           there
           ,
           by
           the
           unnecessary
           ignorant
           Officer
           ,
           so
           mean
           ,
           that
           if
           the
           Client
           had
           not
           yielded
           a
           supply
           ,
           there
           was
           not
           a
           sufficient
           recompence
           for
           the
           care
           and
           labour
           taken
           by
           those
           that
           were
           Deputies
           formerly
           ,
           but
           now
           stand
           on
           their
           own
           leggs
           :
           And
           sure
           I
           am
           that
           if
           the
           Ordinance
           as
           concerning
           the
           Registers
           be
           duly
           and
           conscionably
           observed
           ,
           none
           will
           find
           fault
           but
           those
           persons
           ,
           who
           without
           art
           or
           conscience
           would
           thrust
           themselves
           into
           places
           they
           are
           not
           able
           to
           execute
           .
        
         
           The
           Ordinance
           also
           provides
           well
           that
           the
           chief
           Examiners
           do
           examine
           all
           the
           Witnesses
           themselves
           ,
           and
           not
           by
           Deputies
           ,
           and
           if
           they
           are
           not
           able
           so
           to
           do
           ,
           either
           through
           their
           own
           incapacity
           ,
           or
           the
           multiplicity
           of
           business
           ,
           if
           the
           present
           Examiners
           be
           removed
           ,
           or
           others
           of
           ability
           and
           honesty
           be
           added
           to
           them
           ,
           I
           hope
           it
           will
           not
           be
           a
           grievance
           worthy
           of
           any
           complaint
           .
        
         
           The
           great
           cry
           against
           the
           Ordinance
           under
           colour
           whereof
           the
           cashiered
           Officers
           have
           thrust
           in
           this
           head
           of
           their
           Serpentine
           complaints
           ,
           is
           ,
           that
           the
           Court
           must
           not
           relieve
           against
           new
           Bonds
           ,
           and
           that
           Legacies
           shall
           be
           sued
           for
           at
           Law
           :
           I
           conceive
           that
           at
           the
           making
           of
           the
           Ordinance
           a
           provision
           
           was
           intended
           in
           those
           cases
           for
           a
           relief
           to
           be
           had
           at
           the
           Common-Law
           .
           But
           if
           upon
           second
           thoughts
           the
           Chancery
           shall
           be
           thought
           the
           fittest
           Court
           to
           give
           relief
           therein
           ,
           I
           wish
           the
           Suitors
           speec'y
           and
           just
           relief
           there
           .
        
         
           Likewise
           the
           Fees
           are
           lessened
           to
           half
           what
           they
           were
           before
           ,
           or
           less
           ,
           which
           I
           hope
           will
           be
           confessed
           to
           be
           an
           ease
           to
           the
           people
           .
        
         
           And
           I
           much
           wonder
           that
           the
           Six
           Clerks
           and
           other
           Officers
           of
           the
           Court
           should
           presume
           to
           claim
           a
           Free-hold
           in
           the
           old
           unconscionable
           Fees
           ,
           for
           they
           took
           them
           formerly
           but
           by
           prescription
           ,
           which
           is
           by
           the
           Ordinance
           and
           Act
           for
           confirmation
           of
           it
           ,
           not
           onely
           interrupted
           ,
           but
           a
           new
           establishment
           made
           ,
           and
           since
           that
           Law
           is
           now
           expired
           ,
           there
           is
           no
           absolute
           power
           in
           any
           to
           demand
           any
           Fees
           ;
           but
           those
           who
           do
           the
           Clients
           business
           ,
           may
           properly
           demand
           satisfaction
           for
           their
           labour
           as
           much
           as
           they
           shall
           honestly
           deserve
           ,
           to
           be
           allowed
           by
           the
           Lords
           Commissioners
           for
           the
           Great
           Seal
           ,
           who
           are
           the
           sole
           Judges
           of
           the
           Court
           ;
           &
           the
           useless
           Officers
           who
           do
           nothing
           for
           the
           Client
           have
           no
           right
           to
           any
           thing
           at
           all
           .
        
         
           I
           shall
           not
           grudge
           at
           the
           Fees
           given
           to
           Counsel
           ,
           and
           onely
           pray
           that
           those
           Gentlemen
           may
           have
           pity
           and
           compassion
           on
           the
           poor
           Suitors
           to
           the
           Court
           ,
           and
           that
           they
           press
           not
           an
           evil
           cause
           too
           far
           .
        
         
           I
           could
           have
           wished
           that
           some
           abler
           Pen
           might
           have
           shewed
           the
           usefulness
           of
           this
           Ordinance
           to
           the
           People
           ,
           being
           my self
           ,
           I
           confess
           ,
           insufficient
           to
           do
           it
           :
           But
           by
           this
           imperfect
           Discovery
           ,
           the
           perfection
           of
           that
           excellent
           Constitution
           may
           in
           part
           appear
           .
           And
           the
           drift
           of
           this
           endeavour
           being
           for
           the
           information
           of
           the
           People
           ,
           and
           for
           their
           good
           and
           advantage
           ,
           I
           hope
           the
           imperfections
           thereof
           will
           be
           pardoned
           ;
           and
           that
           the
           adversaries
           of
           the
           Peoples
           welfare
           will
           not
           prevail
           against
           this
           Ordinance
           ,
           which
           was
           by
           the
           Supreme
           Magistrate
           of
           this
           Common-wealth
           ,
           and
           his
           Councel
           ,
           with
           so
           great
           wisdom
           and
           exactness
           provided
           for
           their
           good
           .
        
         
         
           And
           if
           I
           am
           censured
           for
           that
           herein
           I
           do
           seem
           to
           adhere
           unto
           the
           right
           and
           interest
           of
           the
           Attorneys
           ,
           I
           shall
           give
           this
           reason
           ,
           that
           I
           am
           sensible
           of
           the
           care
           and
           pains
           by
           them
           taken
           in
           the
           business
           wherewith
           they
           are
           intrusted
           ,
           and
           in
           my
           judgment
           the
           Labourer
           is
           worthy
           of
           his
           wages
           :
           and
           as
           at
           first
           what
           was
           given
           was
           but
           for
           the
           satisfaction
           of
           the
           party
           that
           did
           the
           business
           ;
           so
           I
           think
           still
           ,
           he
           that
           doth
           my
           business
           ,
           ought
           to
           have
           what
           in
           conscience
           he
           merits
           for
           it
           ,
           and
           not
           that
           the
           Six
           Clerks
           ,
           who
           never
           in
           the
           least
           assist
           me
           in
           managing
           my
           cause
           ,
           should
           have
           the
           greatest
           part
           of
           the
           Fees
           I
           pay
           .
        
         
           But
           I
           shall
           leave
           the
           Attorneys
           to
           assert
           their
           own
           interest
           ,
           who
           being
           sworn
           into
           a
           Calling
           and
           Imployment
           ,
           I
           conceive
           cannot
           be
           legally
           devested
           thereof
           during
           their
           lives
           ,
           unless
           they
           demean
           themselves
           amiss
           ,
           which
           I
           hope
           they
           will
           be
           careful
           to
           prevent
           .
        
         
           And
           I
           much
           desire
           a
           strict
           Government
           in
           that
           Court
           ,
           and
           a
           Super-intendency
           over
           the
           Attorneys
           ;
           for
           surely
           although
           the
           Six
           Clerks
           practice
           was
           heretofore
           so
           ,
           and
           will
           be
           so
           again
           ,
           (
           if
           they
           are
           admitted
           into
           their
           former
           places
           )
           yet
           the
           Attorneys
           ought
           not
           to
           do
           as
           they
           list
           .
           And
           it
           being
           the
           office
           of
           the
           Master
           of
           the
           Rolls
           to
           be
           Super-Intendent
           over
           the
           Clerks
           of
           the
           Court
           ,
           he
           having
           now
           many
           other
           affairs
           ,
           if
           he
           appoint
           one
           chief
           Clerk
           ,
           or
           Secondary
           ,
           to
           do
           those
           things
           appointed
           by
           the
           Ordinance
           to
           be
           done
           by
           the
           three
           chief
           Clerks
           ,
           I
           think
           it
           just
           that
           such
           Super-Intendent
           Officer
           have
           a
           recompence
           suitable
           to
           the
           honour
           of
           the
           place
           he
           is
           employed
           in
           :
           But
           as
           to
           have
           many
           Governours
           is
           no
           blessing
           to
           a
           Common-wealth
           ,
           so
           I
           think
           one
           experienced
           over-seeing
           Clerk
           will
           suffice
           to
           do
           what
           is
           appointed
           by
           the
           Ordinance
           to
           be
           done
           by
           the
           chief
           Clerks
           ,
           and
           a
           greater
           number
           will
           onely
           breed
           confusion
           ,
           and
           be
           an
           unnecessary
           burthen
           and
           charge
           upon
           the
           Suitors
           .
        
         
           FINIS
           .