Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	king_n	parliament_n	writ_n	3,273	5	9.6734	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A66458	Orders and rules to be humbly proposed to His Majesty [T]o [b]e by him establish'd for rectifying some of the proceedings in the High Court of Chauncery, and other courts of equity, with reasons for the same. Composed by Walter Williams of the Middle Temple barister at law, 1st of May, 1700.	Williams, Walter, of the Middle Temple.; William III, King of England, 1650-1702.	1700 (1700)	Wing W2777; ESTC R218548	6,639	4

limmitted to prevent a long affected delay Re-hearings being often desir'd when nothing but delay can be expected thereby 12thly That upon Bills of Review the Depositions taken and the Deeds prov'd and confess'd in the Originial Cause may be made use of to make out the Justice or Injustice of the Decree to be review'd For it is Reasonable it should be so for without that an unjust Decree cannot be made appear to be so and so was the practice heretofore if we beleive Roll's Abridgement 1st part page 382. Nu. 4. but of late if a Decree be made without any proof to warrant it or contrary to the proofs there is no help by Bill of Review according to the late practice for it is said it is not to be presumed that the Chauncery would make a Decree contrary to the proofs in the Cause but it may happen that through the Knavery or negligence of a Solicitor or Counsel a material Deed or deposition may be omitted at the hearing of a Cause and the Decree may be Inroll'd before the Clyent finds it out and if it be not to be made use of on the Bill of Review the party may be without Remedy for upon an Appeal to the Lords nothing hath been of late admitted to be made use of there that was not made use of at the hearing when the Decree Appeald from was made so that if the Deeds and depositions in a Cause be not to be the measure of Equity on a Bill of Review a Corrupt Solicitor or Counsel hath a great opportunity irrecoverably to betray his Clients Cause which I hope none will say ought to be allow'd 13thly That all Counsel in Chauncery and other Courts of Equity shall be heard to make their Motions in Order and course as they are at the Barr and that all of them the Kings Councel excepted shall take their places according to their Degree and Seniority For it is the right of the Profession to have it so and at the Common Pleas Barr the Serjants at Law do take their Places and are heard their motions according to their Seniority and so do the Counsel in the Courts of Great Sessions in Wales but the manner in Chauncery hath been hitherto for the Court to call to and cull out the Counsel as the Court likes their Faces which begets an opinion in the People that one Counsel may obtein that for his Client which another can't w●… ought not to be It is objected by some That the King cannot prescribe Rules for the Chauncery without an Act of Parliament But in Answer to that it is to be noted that in the Lord Hobarts Reports pag. 36. it is affirm'd that all Kingdoms in their Constitution are furnisht with the power of Justice both according to the Rule of Law and according to Equity both which being in the King as Sovereign were after setled in the several Courts But that part of Equity being opposite to regular Law and in a manner an Arbitrary disposition is still Administred by the King himself and his Chauncellor in his name from the beginning as a special trust committed to the King and not by him to be committed to any other and though out of discretion they entertain some formes yet they may justly leave them in special Cases and that this power of Judging according to Equity was lodged in the King by Act of Parliament before the Conquest confirm'd to him since appears by Lamberts Book de Priscis Anglorum legibus pa. 62 63. Archeion 58. 1st R. 2. Rot. Parl. Nu. 87. not in Print which who list may look into The Writ of Subpoena which is the groundwork foundation of proceeding in Equity was invented by John of Waltham Master of the Rolls in the beginning of R. 2. as appears Rot. Parl. 3 H. 5. Nu. 49. and it was us'd and continued since without any Act of Parliament for it and the Lord Chauncellor Bacon and the Lord Chauncellor Clarendon c. made Orders and Rules for the Court of Chauncery without any Act of Parliament and if a Chauncellor can make Orders and Rules at his own pleasure why should not the King that makes the Chauncellor make him observe such Rules as he thinks just and reasonable to prevent oppression and extortion In the Rolls Chappel among the Rolls of the 14. of K. J. 1. part 6. N. 25. is the Enrollment of an Order made by the King himself for the Court of Chauncery to give Releif in Equity after a Judgment at Law which the Judges of the Common Law Courts then opposed and that Order hath been observed hitherto and if the King can make an Order as to the Jurisdiction of the Chauncery why not for amendment of the proceedings to prevent delay and Extortion and if he can make one Order why not a hundred if there be occasion

way of writing but 5 or 6 words in a Line they say they are oblig'd to it by a Clause in the Act of Parliament 5. and 6. Will. Mariae cap 15 which Enacts that all Records VVrits Pleadings and other Proceedings in Courts of Law and Equity and all Deeds Instruements and other VVritings by that Act charg'd with the duty shall be Ingrosed and writen in such manner as they have been usually accustomed to be written or were written at the time of making the Act and because at that time they usueally wrote but 5 or 6 words in a Line they think they ought never to write any more but I Conceive that the Statute intended no such thing and that there ought to be no such Construction put upon any Act of Parliament as might Establish iniquity by a Law if it will bear any other Construction and it may very well be under stood that the intent of the makers of that Clause intended it should extend only to Originall Records VVrits Pleadings and other VVritings and not to Coppies of them because Coppies are not mention'd and morecover if Coppies had been mentioned or can be intended to be within the meaning of the Act I think it ought to be intended to mean and extend to such manner of VVriting of Coppyes as was usually and Lawful and not usual and Extorting as all loose disorderly and wastfull writing of Coppyes was then 6thly That all Causes shall be heard in order and in course as they shall be at first order'd and set down for hearing and that no Cause be prefer'd or post-poned in the paper of Causes by any Register or other without special order of the Court on pain that such Register or other that shall so doe shall be displac'd for ever For great inconvenincies charge and trouble do happen to Suiters by the Registers Removing Causes backwards and forwards in the paper of Causes at their pleasure as if this Day at the Rising of the Court a Man's Cause stands in the Paper the 3d or 4th from the Cause last heard so that he remov'd a dozen or twenty Causes off by the Register without any order of Court for so doing by such means the Cause may not come to be heard in a VVeek or a Month after and in such Cases the Counsel expect refreshing Fees and for all that it 's ten to one if they have not forgot their instructions by that time the Cause comes to be heard and so a good Cause may be lost and the party and his Family ruin'd and undone 7thly That at the making or pronouncing every speciall Order that is not a meer order 〈…〉 the Register shall write down in a Book for that purpose the very words of the Court and immediately read the same in Court with an audible voice before any other matter be proceeded upon that if there be any mistake it may be then rectified that in drawing the Order he incert the very words pronounc'd by the Court and no other in the ordering part upon pain of being displac'd for ever For the charge and trouble hath oftentimes been very great by reason of the Registers willful or or negligent mistake the partie grieved in such Cases being forc'd again to have recourse to the Court to have the Order setled which by this means may be prevented 8thly That there shall be no Recital of any Allegation of Counsel or of the Bill or Answer or other inducements in any Order whatsoever either Interlocutory or Decretall For those Recitals are not material in any Order only to make it so much the longer which it doth oftentimes to a very great Degree and makes the charge of an Order for the most part four or five or ten times more then otherwise it would be 9thly That after an Order is made on hearing Counsel on both sides such Order shall not be moved against or discharged nor any Order made contrary thereto unless for new matter arising after such Order made or upon an Appeal For some Spirits are so Restless and others so purseproud that when an Order is made that is not to their liking though ever so Reasonable they well be moveing again and again against it and so one Order begets another ' ad infinitum which as I have heard occasion'd a Merry Fellow once to move for a gelt Order meaning an Order that would get no more Orders 10thly That every one that obtains a Decree or Dismission of a Bill or an Order for allowing or over-ruling any Plea or Demurrer shall have his full cost with lawful Interest for all Money or other due detein'd for the time of the deteiner For it hath been usual in Chauncery though not at Common Law that where the party hath a probable Cause of Suite as they call it and a Decree be made against him he shall pay no cost to the other side which I conceive unreasonable though in ever so doubtful a Case for by that means one Man shall make experiments at another Mans Charge but it is fitter that he that the Court shall adjudge to be in the wrong shall in all Suits suffer rather then he that is in the right and by the Statute 15 H. 6. cap. 4. which Enacts that no Subpoena should be graunted untill securety be given to satisfie the party greived his damages and expences if the matter be not made good that is contein'd in the Bill though the Chauncery regard not that Statute it was intended that in Case of false suggestions Costs should be pay'd to the party greived thereby and the greiveance is the same to be forced into Chauncury upon a matter that will not hold water as upon a false suggestion Also if a Man be forced to come into Chauncery for a just demand there is as much good Conscience for his having his necessary Costs Charges as is for his having the thing demanded yet oftentimes in Chancery after one hath been forc'd to spend as much as the thing sued for amounts to and hath got a Decree for it yet the Court hath deny'd him his Cost of Suite so that he had as good never have Sued as to have recovered And if a Man recovers a due in Chansery I think he ought in good Conscience to have lawful Interest for the time of the deteiner of the due for he from whom the due is detein'd cannot borrow Mony to supply his occasions pending the Suite without paying Interest for it 11thly That there shall be no re-hearings after one Kallender Month after the first hearing nor without paying to the other party or his Clerk or Solicitor Tenn Pounds six days before the Day of rehearing towards seeing Counsel and defraying other incident Charges For when a Decree is made it is to be presumed a just Decree till the contrary appear therefore it is but reasonable the Rehearing should be at the Charge of them that desire it and that the time for Re-hearing be