fides and how can an ignorant Countrey man judge what part of the Depositions are usefull for him and what not wherein some persons taking upon them more knowledge then probaly they may have out of a desire to save an inconsiderable charge may destroy a good Cause but if they will wilfully hazard their Causes it is fit they should abide the ill consequence thereof SECT XXV THat no stay shall be of any proceedings at the common-Common-Law upon a Bill of Erchange between Merchants nor of Execution upon a Iudgement at Law upon Bill extant after the said Iudgement without defeazance in writing of such Iudgement till the final hearing of the cause Observation 25. This seems very just and equitable SECT XXVI THat no stay of any proceeding at Law shall be but upon equity confessed in the parties Answers who is stayed or where the party stayed is in contempt for not answering or not sufficiently answering to some material charge in such cases the stay to be void upon clearing the contempt or sufficiently answering without any further order Observation 26. This is already provided for according as is proposed by the present Rules of the Court so that this Section was needless SECT XXVII THat where any cause comes to hearing the Iudges shall determine the same without delay or second hearing but if both parties consent the cause may be put the last in the Registers Book of hearing where the parties consent to a reference the Court may refer it Provided that no Iudge before full hearing doth move either party to consent in either of the Cases And where any reference shall be made by consent of parties they shall not have power for to countermand it and an Adward or Arbitrement made thereupon shall be full as if the reference was by order of Court and shall be a sufficient ground for a Decree And the Iudges shall sit constantly as well Vacation as Term untill the causes and motions in the Registers Book be heard and determined And they shall in all causes pronounce either decree presently in Court at the hearing saving in case of very great difficulty and then not to exceed above ten days and not to hear Councel a second time in the said cause Observation 27. To deny the parties to be reheard on payment of double costs if it go against them seems unreasonable on the grounds and reasons set forth Section the 13. touching re-arguing of Pleas and Demurrers As for References and Adwards the Court were never against them and if the parties on both sides agree there is an end of that difference In which cause it is well known the Court neither will nor can meddle with it for if both parties agree what need they trouble the Court which is for no other use or end then to determine those controversies which cannot be composed in an amicable way by the parties themselves But in case an Adward be indirectly made by practise or collusion in such cases the Court will relieve the party aggrieved according to the truth and merits of his Cause which hath been held a commendable and just course And as to that part of this Section which relates to restraining the Judges of the Court from hearing of Councel the second time this seems unreasonable if parties do desire it and the Court see cause and surely it cannot choose but give more satisfaction to the parties and carry with it a greater countenance and power of Justice to hear Councel if the parties on both sides desire it then to deny it to either for it hath been hitherto conceived a just complaint of the People for unjustice in cases wherein they have been concluded without permitting their Councel to be heard when they had something material to offer to the Court especially in case of new matter not offered before Whereas otherwise to hear both sides seems but just whilest the Judgement is still reserved in the breast of the Court who may order increase of Costs on re-hearings as they shall see cause SECT XXVIII THat the Register shall not execute his Office by Deputy except in case of sickness and then the Court to appoint one and shall in his draught of orders shortly express the sense of the Court as Rules in the Court of Common Law without any unnecessary preamble And if the Register draw up an order contrary to or not agreeing with the order pronounced in Court he shall answer the party grieved thereby his full costs and dammages to be given him by the Court or to be recovered by Action on the Case at his Election Observation 28. This method of drawing up Orders pithily hath been formerly proposed by the Clerks and if a Register draws an order contrary to the Declaration of the Court it is but just that he should be lyable to an Action of the Case but in case the course herein before proposed Sect. 16. for publique reading of the Orders in Court be established it will in all likelyhood prevent many miscarriages in drawing up of Orders and will be a means to shorten causes and avoid multiplicity of Orders and spare the Clyent much expence SECT XXIX THat the Register shall upon every Decree pronounced in Court enter the very words of the Decree in his Book without interlineation and publickly read the same in Court at that sitting of the Court to be there allowed And that the Iudges shall sign all Decrees publickly in Court at certain times to be for that purpose appointed which Decrees are to be drawn up forthwith after the Decree pronounced And that from and after _____ no Suit shall be admitted in any Court of Equity for the obtaining of any Decree for any Mannors Lands Tenements and Hereditaments upon any prefence of trust or Agreement whatsoever which shall not appear in Writing under the hand of the party who ought to perform the same or by some Deed or Will in writing Observation 29. As to the first part hereof which concerns the Register in relation to the Decretal Orders of the Court it is very well approved of And it were well the same course were observed on all other Orders granted in Court as hath been before proposed Sect. 16. And for the time and manner of signing of Decrees and Dismisses the Author makes no objection but in the latter part which relates to the barring of the Court from relieving any person for any Lands Tenements or Hereditaments upon any pretence of trust or agreement which shall not appear in writing c. the Author makes no Objection against it provided that this extends not to precedent trusts before the establishing hereof by any Act and before Country Registers be appointed where such trusts and agreements ought to be inrolled and entred for the right truth is if matters of trust and agreement and other matters of Fact betwixt parties were reduced into writing and inrolled it would avoid many litigious causeless suits and prove a speedy way of
two Tables of stone in which the Law was written To which S. James alluding James 2.13 saith That Mercy triumpheth over Judgement So the Princes and Governours of Nations in imitation to that heavenly representation have appointed two supreme States The one of Justice wherein nothing but the strict Letter of the Law is observed The other of Equity wherein the rigour of the Law is tempered with lenity which is nothing else but Mercy qualifying the sharpness of Justice Ipsae enim leges cupiunt ut jure regantur id est ut illi facili ac benigna interpretatione temperentur Equity doth diminish or adde to the letter of the strictest Law as times and necessities require and is defined by Aristotle to be Correctio legis generatim latae qua parte deficit Perionius terms it Correctio quaedam legi adhibita quia ab ea abest aliquid propter generalem sine exceptione comprehensionem The sense of both interpretations being one and the same that Equity is a Restriction of the rigour of the Law and so useful in the wel government of the Nation that without our Courts of Equity the Common Law may be termed Severity and the strict rigour thereof totally destructive to the People But since corruption hath crept into this Court and the usual delay together with the excessive Fees blemisht the primitive lustre thereof the grave Councellors and Patriots of these times like wise Chirurgions intend the preservation of the body by amputation of some putrid members Ne pars sincera trahatur for which purpose these ensuing Observations c. are humbly represented to those in Supreme Authority not in opposition to their judicial proceedings therein nor as a rule to frame and square their actions by in managing thereof but as a matter usefull as is humbly conceived for avoiding the tediousness of proceedings the impertinency of some Officers and the exorbitancy of excessive Fees of that Court which being regulated You the Heroes of our times may be truly said to have erected a Trophie to Justice and to have established Righteousness in the Nation Acts of Justice and Piety will make you glorious in the memory of men whiles others who prepare Altars and Tables to Fortune as saith the Prophet Isaiah have built on the quick-sands of imaginary greatness which serve them for no other purpose but to measure their own fall God hath made you the great Governours of this Nation to read the Decrees of your good success written as it were with the rayes of your own Justice and Piety By how much the more you are affected to this by so much the more the happy issue of your affairs shall crown your desires You have seen your Battails end in Bays and the thorns of your travails spring up to a peaceable and well framed Gevernment wherein God hath made you amongst men as Mountains over Valleys Be then Mountains of perfumes of which Solomon speaks in Cant. and not the Hils of Osee full of snares and gins rigorous harsh and strict in Government Since God hath elevated you as Cliffs above the Sea let your Laws be as Watch-Towers not Rocks to shipwrack the People If Suns let your Laws be as the Light to the blinde not Gomets to pour down Malignity Whilest thus you temper Mercy and Justice Equity and Law together with thoughts fixt on Judgement and Righteousness may propitious Heaven so prosper your Designs That the greatest may have matter to imitate and the whole Nation to admire your Justice and Mercy which is the Authors fervent Prayer Philostratus Philodemius SECT I. BE it Enacted by the Authority of this present Parliament That the Court of Chancery shall hear and determine all Causes of Equity in one certain Publique place and not elswhere And that there shall be in the said Court a Chief Clerk to be chosen from time to time by _____ who shall from and after _____ make forth all Process and all Commissions and other things issuing out of the said Court and shall take the Returns and File them and also all Bills Answers Pleadings and Depositions in the said Court and Enter and keep all the Records thereof and matters Filed as aforesaid there and shall have such and so many under-Clerks for writing and dispatching Business under him as shall be allowed and appointed by the Iudges of the said Court from time to time who shall administer an Oath both to the Chief Clerk and under Clerks to deal faithfully and uncorruptly in their Places and out of the Fee payable to the Chief Clerk shall appoint how much the under Clerks shall have for their pains which Chief Clerk and under Clerks shall constantly attend and execute their Places in person and not by Deputy and upon the aâ—oidance of the Chier Clerks place the under-Clerks shall from time to time succeed according to their Antiquity if they be not found uncapable of executing the said Office And all the Records and Matters Filed on Record in the said Court shall from and after _____ be in the custody of the Chief Clerk who is thereby appointed to take the same into his Charge Observation 1. THat to confine the Court of Chancery to hear and Determine all Causes of Equity in one certain publique Place and not elswhere may prove a great prejudice and inconveniency both to the Court and the People for that it may so fall out by sickness fire war or other casualties that it is impossible for the Lords Commissioners or others appointed Judges there to continue their sitting in the same place allotted for that purpose And in such cases before they can sit in a more safe and convenient place there must be an Act to authorize them by appointing that place which by the casualty aforesaid may be the occasion of several removals from place to place and of several Acts for that purpose In the Interval whereof there must certainly be a delay and fayler of Justice as to the benefit of the Court held forth to the People of this Nation And therefore it hath been the wisdom of former Ages in reference to their place of sitting to leave it to the discretion of the Lord Chancellor Lord Keeper and Lords Commissioners for the time being to appoint the most convenient places as occasion required for the better access of the People to make their Complaints and Addresses It being humbly conceived that not the formality of the place but its conveniency nor the manner but the matter of Equity and Right there Administred ought to be first preferred and chiefly endeavoured by all that are concerned therein To appoint one chief Clerk for the performing of all the things contained in this Section relating to his place being a Work formerly done by the six Clerks and their under Clerks in Chancery the Masters Deputy and Clerks of the Sub-poena Office and the Mr. Deputy and Clerks of the Affidavit Office being in all above 150. persons may prove a great
he put his hand and seal thereto and name the place of his habitation and the same may be made use of in any Court as if the same had been sworn in any Court before a Iudge of the same Court but no razure nor interlineation is to be in any Affidavit whatsoever Observation 10. To this the Author makes no exception only desires that there may be special care taken in Commissionating faithfull and honest able Justices of the Peace in whom the Propositors by this System do repose in many things as much power as is now intrusted in the Reverend Judges of the Law SECT XI THat where the Plantiff or Defendant do cause any Pleas Answers Demurrers Replications or Rejoynders to be filed by the chief Clerk they shall give to the adverse party or leave with his Attorney for him a true Copy of the same which he shall have without Fee Observation 11. The same Objection that was made Section fourth touching Copies of Bills may serve for this SECT XII THat where any defendant appears upon the return of Summons or process if the Bill be not filed he shall have his full costs to be taxed by the chief Clerk without further attendance then the next day after the return day And not to appear again upon Suit of the same party before the costs paid and upon new Summons Observation 12. The Proposals of the Clerks mentioned in Section fourth That all Bills be first filed wherein the plaintiff prays process before the same be granted will as is conceived prevent all preferring of costs and all those delays unnecessary expences costs and trouble that formerly happened thereby both to the plaintiff and defendant SECT XIII THat where any Defendant pleads or demurs if it be in Term time the same shall be determined within fourteen days after it be put in if in Vacation either before or in the first week of the Term To which end the Iudges of the Court shall appoint certain times for the determining the same not interrupting the course of hearing other causes and shall upon the first hearing of a plea or demur give their positive Order herein without a second hearing And where any plea or demurrer is over-ruled the Defendant shall pay 40 s to the Commonwealth for a fine bâ—sides the plaintiffs costs Observation 13. To limit a time for arguing of all pleas and demurrers as is conceived tends to the forestalling the Judgement Justice and Discretion of the Court whose practise hath been hitherto to dispatch them all in order with as much expedition as they could but in case there be so many entred in the Books and Papers of pleas and demurrers that in ordinary courses according to their dates and entries they cannot be heard within the 14. days to binde the Lords Commissioners or Judges of the Court to hear and dispatch them within that time is conceived to be too unreasonable an obligation which in all probability no Judges or Lords Commissioners will undertake to perform And in case it fall out that a plea or demurrer come to be argued in the absence of the plaintiff or defendant and by reason thereof be ordered to stand or be over-ruled if the party absent shew good cause why he could not attend the arguing of such plea or demurrer upon payment of double costs of the Court if it go against him the Court would not deny the re-arguing thereof which was never yet held unreasonable by any practitioner of the Court or other unbiassed person it seeming unjust and unreasonable that in case either party be surprized or prejudiced by non-attendance in such cases that on payment of double costs he should not be heard therein SECT XIV THat when a sufficient Answer is put in the plaintiff shall reply within eight days and if it be insufficient shall within eight days put in exceptions thereto or enter it in the Registers Books for hearing upon the Answer otherwise the cause to be dismissed without any motion and the chief Clerk to Tax full costs within the time aforesaid and no dismission Fee to be paid by the defendant in this cause or any other But if the plaintiff will in such case pay full costs and charges he may exhibit a new Bill Observation 14. This is sufficiently provided for by the general and special Rules of Court made by the present Lords Commissioners for the great Seal of England to the satisfaction of all Suitors SECT XV. THat References to particular Masters of Chancery be forborn and there shall be from henceforth but six Masters of Chancery in ordinary to be named by the Parliament and eligible at the end of every three years and to have by the year _____ two or three whereof shall sit day by day at some certain publique place so long as any thing depends in reference before them and shall have a Register to attend them which two Masters or three of them at the least shall hear and report things under their hands which come before them always ending one cause before they begin another Observation 15. This course if setled would in all likelihood prove of very great use and benefit to the People and prevent delays and corruptions by references to particular Masters only this is desired to be added that there be some extraordinary punishment imposed as well on Masters of Chancery as on all other persons that are Judges who shall directly or undirectly take any bribe gratuity or reward in any Cause but barely their Stipends allowed by the State SECT XVI THat for the orderly hearing of causes and motions in Court and references before Masters of Chancery the Register shall keep two distinct Books in one of which any party who hath a cause ready for hearing shall enter the same in either of them any person who hath a reference to the Masters of the Chancery shall enter the same in the Register always in the Margin figuring the Books by numbers according to the time of the entry and the party entring every such cause or reference subscribing his name And there shall not hereafter be any Motions in Court for reference of insufficient answers to Bills or Interregatories or touching contempts or for scandal or impertinency in Bills or Answers But any party desiring a reference in any such cause may enter the same in the said Books of reference to be heard before the Masters Observation 16. This Court of entring causes and references is conceived of good use and benefit to the People The present Lords Commissioners having in a good measure made provision therein But it is likewise humbly proposed that all motions in Court be likewise entred with the Registers and the cause and end of the motion briefly inserted And that the same may be heard in course which will be a means to hear and determine Causes and Motions with equal dispatch whereas now eminent Lawyers and Favourites are called by their names to move who make sometimes
three or four motions in a day and sometimes more whereas other Councellors of good parts and abilities are forced to attend a week or more before they can be heard the Clyent in the mean time suffering in his Cause and the Councellor though in no fault suffering in his reputation And that for prevention of mistakes in the drawing of Orders contrary to the meaning and Declaration of the Court it is humbly proposed that the Register do take the Order of the Court Verbatim and read it openly that Councell on both sides may except against and settle the same in Court according to the Direction and Declaration of the Court and that the Register on a good penalty presume not to draw any Order otherwise or add to or diminish from his Notes without consent of parties on both sides The Register as the case now stands being in a capacity to do great hurt and prejudice to the people of this Nation if inclined to the Cause of either party Plaintiff or Defendant SECT XVII THat if the Iudges or Master of Chancery shall hear any cause motion or reference in any other order then as they are set down in the said Registers Books they shall forfeit 20. l. one half to the Commonwealth the other half to the party whose cause should be next heard in due course and the Register to forseit 5. l. to be paid in the moyeties as aforesaid that shall alter the number on the said Books except it shall be by consent of parties or where neither party doth attend And then such cause to be put at the end of all the causes then entred in the said Books respectively Observation 17. Against this there is nothing excepted SECT XVIII THat upon a second insufficient Answer the party shall be committed and kept within the prison untill he make a sufficient Answer Observation 18. Against this Proposal there is no exception made SECT XIX THat in case erceptions be taken to a Report defiring the opinion of the Court the same shall be entred in the Book of Motion and the party excepting shall deposite 3. l. with the Register and if the Court shall judge the exceptions void it shall be restored to him and the adverse party shall pay him 40. s. costs But if his exceptions be adiudged friâ—ilous the Commonwealth shall have 20. s. of the 3. l. and the adverse party the residue Observation 19. This course is already established by the orders of the Lords Commissioners saving the 20 s forfeiture to the Commonwealth which seems more reasonable as well in this case as in other places where such forfeitures are mentioned to be paid to the parties concerned and aggrieved And besides the extreating and levying of these petty forfeitures will stand the Commonwealth in more charge then the same will amount unto and none will prosecute such forfeitures since no particular benefit accrews to the prosecutors thereby SECT XX. THat after a Defendant hath once appeared he shall perfect his Answer re-ioyn and ioyn in Commission and attend the hearing upon notice to his Attorney or known Solicitor without any more process and the Plaintiff to do the like after he hath Replyed Observation 20. To rejoyn and joyn in Commission on notice to the Clerk and Solicitor is approved of but not to proceed to hearing on such notice which may prove very prejudicial to the party in whose absence the cause may be heard for want of due notice given him thereof especially if the party be barred of a re-hearing as is unsafely proposed Sect. 27. SECT XXI THat in every cause where Commissioners are prayed to examine witnesses duplicate Commissions shall issue at the request of the Defendant to be executed in such Counties as either parties shall think fit which may be executed in any place returnable within 60. days from the date and return publication to pass of course and either party or his Attorney to be at Liberty to enter the same into the Registers Books of hearing And if no Commission issue and Witnesses be exacted in Court the cause shall be published within sixty days from the time of Replication and then to be entred with the Register as formerly but where Commissions are to be executed beyond the Seas the chief Clerk shall set down a time for the return and publication and either party may certifie at the hearing that he could not produce his witnesses within sixty days to be examined so as notice was given in writing to the other party before publication of such witnesses names and place of abode and to what points they are to be examined at the hearing And where the Court gives order to examine any parties witness the same is to be done by vertue of that order without any Commission and the charges of Commisson in such causes are to be spared Observation 21. This is very well approved SECT XXII THat where Witnesses shall be examined for to prove a contempt the party accused may likewise examine Witnesses to clear the same Observation 22. This is already provided for in the Rules and Orders established and published by the present Lords Commissioners of the Great Seal of England SECT XXIII THat Commissioners for Examination of Witnesses shall take an oath before execution of any Commission to execute the same faithfully and impartially which each Commissioner is impowered to administer to the other and the Clerks attending such Commissioners shall take an oath which is to be administred by the Commissioners to write down the Depositions of the Witnesses truly and indifferently without partiality and every of the Witnesses shall be sworn and examined and the depositions put in writing and in presence of the Commissioners and not elfewhere Observation 23. This is an excellent course for the due and regular carrying of Commissions there having been hitherto in many causes too much foul practise used in the taking of Depositions wherein many Commissioners and Clerks on both sides for the most part Act rather as Parties or Agents for the persons concerned then as becometh honest indifferent persons according to the trust reposed in them by the Court so that through the indirect practise of cunning Clerks and Commissioners meeting with persons of the other side not so skilfull nor so ill disposed many a good and honest cause is overthrown SECT XXIV THat after publication either party may see the depositions of either side and not be obliged to take Copies of any more then he shall conceive material so as he take not the part of a Deposition to one Interrogatorie And Plaintiffs and Defendants may if they agree take but one Copy of all or any part of the Depositions and make use of the same Observation 24. This seeming benefit may prove more prejudicial to the parties concerned then the charge of full Copies may amount unto for how can Councel be instructed in the merits of the Cause without sight and perusal of Copies of all the Depositions of both
humbly proposed whether it were not more convenient that the value of the Lands should be inserted in the deed of morgage according to which the Morgagee shall be lyable to an accompt at the time of redemption who will be carefull in such a case in ascertaining such value which may be moderated by agreement before the executing of such Deed at such Rates as the Morgagee will be contented to take the same and give account accordingly which course will avoid future differences and the hazard of unsafe oaths concerning the same SECT XL. THat in any case where a Court of Equity relieveth against a penalty or forfeiture at common Law the party relieved shall pay the adverse party double dammages unless in case of infancy or where it shall appear by proof that the fault was not by or through his carelesness and neglect And the Surplussage of the Morgage-money upon an estate Morgaged in Fee-simple forfeited and redeemed shall go to the heir after the Morgagees debts paid and his will performed if he made one if not then the surplussage of the money after payment of debts shall go to the younger childe or children of the Morgager unprovided for And be it Enacted that a Table of Fees shall be hung up in the Chancery for Causes in Equity and no Sergeant or Councellor at Law Officer Minister or Clerk of the said Court shall take any other Fee or Sum of money for or in respect of any cause there depending or copy of any Record or other thing there filed or Registred or put to the seal upon pain to be punished as an Extortioner and disabled to bear any office of trust or profit in the Commonwealth unless the same shall be allowed by Parliament which table of fees shall be as followeth Observation 40. Unto this the Author makes no exception Neither doth he except against the hanging up of A Table of Fees nor the punishments provided herein against Extortioners c. the same being already provided for by the present rules of the Court and the Law of the Land in such cases But he desires those worthy persons before they establish a Table of Fees to consider well of the consequence thereof I. To a Sergeant and Barrester at Law upon a Motion Reference giving advice signing Bills or Pleadings l. 1 s. 0 d. 0 Observation 1. Against this the Author makes no exception but in case any Sergeant or Barrester draw any Bills or Pleadings that he may be paid Quantum meruit or as much as the Clyent will be contented to give him for that in such cases his pains may be great though his writing but small and it seems reasonable that whilest such an honourable degree of a Sergeant at Law is thought worthy to be continued there should be some respect had towards them in point of Fees more then is allowed to ordinary Baresters II. For a hearing or arguing a plea or demur l. 1 s. 0 d. 0 Observation 2. Against this Fee the Author makes no Exception III. To the Masters of the Chancery for examining every skin of an exemplification of a Record l. 0 s. 2 d. 3 Observation 3. This was the former Fee and seems reasonable IV. For taking the Acknowledgement of a deed or recognizance to be Enrolled l. 0 s. 0 d. 6 Observation 4. This seems reasonable V. To the chief Clerk for writing the Summons and filing upon the return besides the Seal l. 0 s. 1 d. 0 VI. The like for Summons to testifie For the Seal of that and every other Process to the use of the Commonwealth l. 0 s. 0 d. 6 This was formerly paid VII For administring an Oath l. 0 s. 0 d. 4 Observation 5 6 7. All this is sufficient being more in a year then the profits of two of the best six Clerks places will now amount unto VIII To the Attorney for the Plaintiff for filing the Bill the first Term l. 0 s. 3 d. 4 IX The like to the Defendants Attorney for putting in the Answer l. 0 s. 3 d. 4 X. To the Attorney of either party for the Term when issue is joyned l. 0 s. 3 d. 4 XI To the Attorney of either party at the hearing l. 0 s. 3 d. 4 Observation 8 9 10 11. This is a competent Fee if the Attorney doth only file the Bill and enter the appearance c. But it is desired to be considered who shall do the rest of the work appertaining to the Cause and what he shall have for his pains that is to do the same XII To the Examiner for Examination of every witness or upon contempt l. 0 s. 2 d. 6 Observation 12. This is also a competent Fee and no more now paid XIII To the Clerk for writing and ingrossing Depositions upon a Commission for every 12. lines containing 10. words in a line three pence Observation 13. This Clerk is no Officer of Court and therefore not so proper to be placed in a Table of Fees the parties always paying him Quantum meruit or as cheap as they can agree who otherwise will not take that pains XIV To all the Officers of the Court respectively where they are required to subscribe their names to any thing in Eourt ready written by way of Certificate 4. d. if it exceed not twelve lines with ten words in a line if it exceed twelve lines and under 24. eight pence if above 24. twelve pence Observation 14. This will occasion unnecessary time in reckoning lines and it were better to ascertain a Fee for subscribing Certificates of what length soever they be long and short all of a price XV. For filing an Affidavit one penny and for Copies for every twelve lines with ten words in a line two pence Observation 15. This is a poor Fee and not satisfactory for the work if done and entred as the nature of it requireth or as it is now exactly done by the present Register And at this rate none will discharge the place that is a person of worth credit or fidelity as it ought to be done the present Register of Affidavits being a person of known honestie and carefulness in his place and gains but a reasonable livelyhood thereby XVI To the Register for drawing and entring every Order not exceeding twelve lines with ten words in a line twelve pence and forevery twelve lines above the first seven pence and for Copies of Orders for every twelve lines two pence Observation 16. At this rate none but Chandlers-boys Kitchin-boys and the like will undertake the imployment XVII For drawing Decrees and Dismissions to the Attorney for twelve lines with ten words in a line 3. d. for Intolment 2. d. and for exemplication 3. d. for every 12. lines with ten words in a line l. 0 s. 0 d. 3 Observation 17. This allowance will not recompence any one that will take the pains do to it and therefore Clerks will rather turn Coblers Apprentices then work at this mean rate which cannot
3. fo 14. We finde no presidents of any proceedings to conviction or Iudgement of any Indictment framed or grounded upon this Statute no more then the Statute of Premunire and the late Iudgements are contra diversa Satuta not mentioning the particular Statutes 6. Lastly it were a great mischief to force the Subject in all cases to seek remidy in equity before he knows whether the Law will help him or no which oftentimes he cannot do till after Iudgement therefore he is to seek his remedy when he hath his hurt There be divers other things of weight which we have seen and considered of whereupon we have grounded our opinions but we go no further then upon that we have seen but because matter of President is greatly considerable in this Case and that we have been attended by the Clerks of the Chancery with the presidents of that Court and have not yet been attended by any Officer of the Kings Bench with any Presidents or Indictments although we required them and gave them convenient time to have attended us with their Presidents we shall give your Majestie faithfull Accompt of them as we have done of the other all which c. Francis Bacon Hen. Mountague Rand. Crewe Hen. Yelverton John Walter NOw forasmuch as Mercy and Justice be the true Supporters of our Royal Throne and that it properly belongeth to Us in our Princely Office to take care and provide that our Subjects have equal and indifferent Justice ministered to them and that where their case deserveth to be relieved in course of Equity by Suit in our Court of Chancery they should not be abandoned and exposed to perish under the rigour and extremity of our Laws We in our Princely Judgement having well weighed and with mature deliberation considered of our said several Reports of our Learned Councel and all the parts of them do prove ratifie and confirm as well the practise of our Court of Chancery expressed in their first Certificate as their Opinions for the Law upon the Statute mentioned in their latter Certificate the same having relation to the Case sent them by our said Chancellor And do will and command that our Chancellor or Keeper of our Great Seal for the time being shall not hereafrer desist to give unto our Subjects upon their several complaints now or hereafter to be made such relief in equity notwithstanding any former proceedings at the Common Law against them which shall stand with the true merits and justice of their Cases and with the former ancient and continued practises and presidency of the Chancery And for that it appertaineth to our Princely Care and Office only to be Judges over all Judges and discern and determine such differences as shall or may at any time arise between our several Courts touching their Jurisdictions and the same to settle and decide as we in our Princely wisdom shall finde to stand most with our honour and the example of our Royal Progenitors in the best times and the general Weal and Good of our People for which we are to answer unto God who hath placed us over them our Will and Pleasure is that our whole proceedings herein by the Decrees formerly set down be inrolled in our Court of Chancery there to remain on Record for the better extinguishing of the like Questions or differences that may arise in future times 18. Julii 14. Jacobi Regis per ipsum Regem Additional Proposals with a Table of Fees annexed for the better regulation of the Fees and proceedings of the High Court of Chancery 1. THat all Pattents of Offices and places of Trust granted by the late King or his Predecessors be wholly laid aside the Pattentees being the men that swallow up the great Fees of the Court. 2. That no Offices or places of Trust be bought or sold contrary to the Stat. of 5. Edw. the 6. but the same may be supplied by persons bred up in such Office and so qualified for that purpose and of approved integrity to the Commonwealth and that some additional provision be made for the better prevention thereof 3. That there be appointed three chief Officers in Chancery for the orderly bundling entring and keeping of all Bills Answers Replications Depositions and others pleadings and proceedings there which three Clerks shall from time to time end and decide all controversies and differences betwixt the Clerks and Attorneys of the Court in relation to the practical part thereof or otherwise certifie the Court in matter of fact for further order therein as the Court shall think fit Which chief Officers shall take care for the due observance of the Table of Fees And that the Attorneys orderly demean themselves in their places and imployments without sinister or indirect dealing one with another or with their Clients And in case of abuses of that nature they shall from time to time certifie the Lords Commissioners or the Judges of the Court thereof whereby the same may be timely redressed and the said chief Clerks to have an Annual Stipend and allowance from the State for their service and attendance in the Execution of the Premisses and no other Fee to be paid unto them 4. That from amongst the present practising Clerks there be appointed 72 Persons which shall be the Attorneys of the said Court who shall file all Bills enter all Appearences copy all sorts of Pleadings and make out all Subpena's or Process of Appearances and shall make all other Writs formerly issuable out of the Six Clerks Office and advise and direct their Clients in all proceedings so far as appertaineth to the duty of an Attorney who shall receive for their pains therein according to the Fees in the Table annexed mentioned And upon the death or removal of the said chief Officers or other contingent inability the said Attorneys according to their Seniority and deserts to succeed them and their Clerks in like manner to succeed as Attorneys which will be a means to preserve Clerkship and persons of integrity in the said office to serve the Commonwealth 5. That the Registers and Examiners and other Officers of the Court shall execute their places personally and not by Deputies unless in cases of sicknesse or other extraordinary occasion wherein the leave of the Court for his or their absence shall be obtained and his Deputy approved of by the Court and their Clerks to succeed them according to their Seniority and deserts 6. That no person may be permitted to sollicite Causes or to take any reward or Fees by pretence thereof other then such as shall be allowed and approved of by the Lords Commissioners or Judges of the said Court and their solliciting Fees may be ascertained and their names inrolled whereby the formal scandal and imputation occasioned by ignorant persons unwarrantably owning such imployments may be prevented 7. That such as shall be appointed Judges of the said Court shall have a certain Annual sallary and they to take no Fees under any pretence