Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	act_n	king_n	parliament_n	3,039	5	6.6283	4	true

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