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A69998 Certaine observations concerning the office of the Lord Chancellor composed by the Right Honorable and most learned Thomas, Lord Ellesmere, late Lord Chancellor of England ; whereunto is annexed a perfect table and a methodicall analysis of the whole treatise. Egerton, Thomas, Sir, 1540?-1617. 1651 (1651) Wing E359; ESTC R4472 72,038 136

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CERTAINE OBSERVATIONS Concerning the Office of the Lord Chancellor Composed by the Right Honorable and most Learned Thomas Lord Ellesmere late Lord CHANCELLOR of ENGLAND Whereunto is annexed a perfect Table and a Methodicall Analysis of the whole Treatise LONDON Printed for Matthew VValbanck at Grayes-Inne Gate for Henry Twyford in Vine Court Middle Temple and Iohn Place at Furnivalls Inne Gate 1651. TO THE READER Courteous Reader SOme yeares past the Copy of this Treatise was delivered unto me by John Harding late of Grayes Inne Esquire deceased and one of the Readers of that Honourable Society and by him then affirmed to be composed by the Right Honourable and most learned Thomas Lord Ellesmere Lord Chancellor of England of whose great and eminent abilities I dare not presume to speake being so unable and unworthy to be a judge of and the rather I am confident no man will be so hardy as to detract from the memory of so famous a Statesman A Perfect Table of the most notable matters contained in the first Part of this Treatise CHancellor his name in severall Languages Page 1. His Antiquity and Authority here and in other forain Nations 3 4 c. His name and office in France from the time of Charls the Great 8. And in England from the time of Edward the Confessor 12 13 c. Cancillarii Regis and Cancellarii Reg●i 14. Symon the Norman the first sole Keeper of the Great Seal about 23 H 3. ibid. Sometimes there were two Keepers and sometimes three 15. Chancellor and his Election of divers sorts and of divers degrees ib. 18 19 Chancellor chief Iustice and Treasurer their Election belongeth to the Parliament 16. Patents of the office and their severall formes 16 17. Chancery the nature and orginall thereof 21. Chancellor his ordinary Authority when it began 26 27. Much inlarged by 36 E. 3. 28 His absolute power whereupon it was grounded ibi Error there reversable only in Parl. 30. No prejudice for mis-pleading there or default of form ibid. Processe is a Subpoena and the order of Proceeding in the Court 31 The Iudge of the Court 31. How the Seale is to be ordered 32. The form and fashion thereof 33. The Assistants to the Lord Chancellor 36 Master of the Rols ibid. The Officers of the Court 37 38 c. And their privilege 40. The manner of proceeding and the matter of the subject from 44 to 120. See in the end of this Treatise an exact Summary or Analysis of the whole booke most methodically composed by the Author thereof These bookes following are Printed and to be sold for Mathew Walbanck at Grays Inne Gate for Henry Twyford in Vine Court middle Temple and John Place at Furnivals Inne Gate 1651. PErfect Convveyancer Mirror Iustice Abridgment of Lord Cokes Reports Abridgment of Lord Dyers Reports Abridgment of Plowdens Reports Perkins Law English Actions Slander Marches Reports History of Normans both parts Parsons Law Privilege of Parliaments Young Clerkes Guide Collins Iustice of Peace Pauls Progresse Attorney Common-pleas Attorneys Accademy Tearms of the Law Fathers Legacy Compleat Parson Book of Oathes Habeas Corpus Womans Lawyer Liberty Subject Wards and Liveries Wilkinsons Sheriff Derhams Manuel Letter Writer Amends for Ladies Bancrofts Epigrams English Grammer Lee Caesar Mr. Williams in Pauls Church yard sells them Thorps charge Edgars charge Books sold by W. Lee M. Walbanck D. Pakeman G. Bedell Touchstone of common assurances by William Shepheard Esquire Fleta corrected and enlarged by Io Selden Esquire Three Readings One by Sir Iames Dyer one by Sir Iohn Bregrave one by Thomas Risden Esquire Books sold by Iohn Place Transactions of the high Court of Chancery ' both by practice and president with fees and speciall orders in extraordinary cases by Wil. Tothill Esq and revived by Sir Robert Holborn late Bencher of Lincolns Inne Clarastella with pious occasional Elegies Epigrams and Satyres by Robert Heath Esq Vade mecum being the substance of all Statutes usefull for a Justice of Peace by Val. Young Esquire Certaine OBSERVATIONS concerning the Office of the Lord CHANCELLOR HAVING ENDEAVOVRED for duties sake some what to consider the nature of this high Place Dignity for two causes chiefly I was much discouraged For neither could I remember any man in this kinde of discourse to have bin imployed Neither any Iudge or Potentate with whom this Magistrate may be compared and herein the more I searched the more I found my selfe confounded IN THE Eighth Chapter of the Second of Samuel Jehosaphat the Sonne of Ah●lud the Chancellor among the Hebrewes as the second of David his chiefe Officers is termed Mazur in he Greeke Ananinnescoon by Tremelius and J●aius translated a Memoria or Monitor by the Spaniard Chanciller which is all one with Cancellarius or a Comentarijs by the Italian Seritor de le Cose Fatte in the Duch Cantzfe● in the French Chroniqueur and in our English Translation a Recorder In the fift place is called Serayah and he is called Sopher which in all the aforesaid Translations is tearmed Scriba or Sec●etarius saving that the Italian doth name him Cancellario Sebastian Munster conceiveth Mazur to be a Comentarius and he was ordeined saith he to be the principall Master to note such things as were worthy of remembrance or as Solomon saith his Office consisted in this point to report the actions of old time unto the King and Sopher was appointed to Record them Herewith agreeth for the signification of the words the twentieth of the same Booke of Samuel and the fourth Chapter of the first of the Kings But whether the Lord Chancellor of England as now he is may be properly termed Sopher or Mazur it may receive some needlesse question howbeit it cannot be doubted but his Office doth participate of both their Functions being by William the Conquer our appointed Magister Collegij Scribabarum by the same King instituted in the third yeare of his Raigne as writeth Polydore and likewise having had the keeping of the Rolls of Records as Bracton witnesseth either at the same time that the Common place was erected which was about the ninth yeare of Henry the third or not long after But something more neer to our name of Chancellor I finde the Hebrew word Kinkall in Greek Knilizo and in Latine Cancello whereof cometh Kankill in Greek Knilis and in Latine Cancellus and thereof not unproperly Cancellarius as he s●teth intra Cancellos legis viz. Conscientiae or otherwise a Cancellando as shall be afterwards touched Notwithstanding for that I finde the word Mazur better avowed than this latter and I do not remember much mention to be made of any great Officer among the Grecians neere sounding to Kniklum I will content my selfe with the former name only of the H●bricians without further consideration of his Authority in Jury notwithstanding with this observation that long time before this Monarchy of the Hebrewes a speciall privilege of Jurisdiction in