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A54684 The antiquity, legality, right, use, and ancient usage of fines paid in chancery upon the suing out, or obtaining some sorts of original writs retornable into the Court of Common-Pleas at Westminster / by Fabian Phillips ... Philipps, Fabian, 1601-1690. 1663 (1663) Wing P2005A; ESTC R31118 24,218 54

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the use and dignity of that great Officer in most of the Kingdomes and Nations of Europe and the necessity of his honourable support do think it requisite to allow their gran Cancelliero a great Revenue out of the Publick stock And that it cannot be a grievance that the Master of the Rolls and Cursistors in Chancery are allowed some part of that small part of the Kings Revenue for their support and encouragement which would be more chargeable to the people and be more unequal and not consist so well with the Rules of Justice if it should be raised by any other way or contrivancce to give them a recompence proportioned to their cares and labours Which my Endeavours I have presumed to offer unto your view not that I can believe that your known integrity sincerity and care of Justice in that honourable Office and Dignity wherein his Majesty hath worthily placed you can by any Byass of Self-interest lead you to a better liking or approbation of these my Labours in the vindication of a Legal duty which so many are ready to throw stones at and do dislike it not because it is not a friend to Caesar but because it is But that I can be sure to be well-weighed in the Balance of Judgement by you who in the times of our unhappy Wars and turmoils of the Pen and Sword when the Seas roared and swelled the Winds and Waves cuft each other and Mountains and short breaking Seas did onely busie themselves to run over one another would not like the representation of our old Britannia sit safely upon the rocks contemplate the fury of the Seas but would with your Boat adventure to launch into the Deep and help to rescue as wel as you could the Ship of the Commonwealth which by the inconstancie of Winds and Weather and the rage of many Waters had lost her Anchors Rudder Masts and Cables and was ready to dash upon the next Rock she met with or founder or sink into the bottom of an unmerciful heap of Waters and when the Law was in Extremis and at the last gasp did like the undespairing Roman that bought a field when Hannibal being at the Gates with a conquering and prevailing Army had put Rome into more then an ordinary fit of an Ague publish those excellent Reports of your learned Father-in-law Justice-Croke to tell as well as instruct the Students of our Laws that our Laws would notwithstanding like the triumphant Lawrel and peaceful Palm be green again and ever flourishing and did together with some other good Patriots and well-wishers to your King and Country adventure your Estate and not without some hazards and dangers did by all the Rocks Shelves and Quicksands more perilous then those of Goodwin over the Scilla of a guilty party on the one hand and by the Charibdis of a prevailing interested party of the other hand and of as many more difficulties as summed up all together made a Miracle help to bring into the Port or Haven that Weather-beaten and distressed Ship fraught with the unvaluable Riches of the hopes of England and Restorer of our Peace and Plenty who hath ' built up and repaired our Jerusalem and brought our Religion Laws and Liberties from its captivity and the waters of Babylon in contemplation whereof his Majesty well understanding how much it would conduce to the good and welfare of himself and his people did intrust you with the keeping of his Records being the Evidences of the people as they were called in an Act of Parliament in 43 E. 3. together with those which have been since added thereunto and do now remain in the Tower of London and in the High Court of Chancery and with the dispensing of Equity and Conscience in Causes accustomed to come before you in which great Office and Employments and care for the common good that you may long continue is as it ought to be the hearty well-wishes and desires of all that know you Amongst whom you cannot erre if you shall please to number Your most humble Servant FABIAN PHILIPPS THE Antiquity Legality Right Use and ancient Usage of FINES To be paid in Chancery upon the suing out or obtaining some sorts of Original Writs retornable into the Court of Common Pleas at Westminster THe payment of Fines upon Original Writs in England were anciently and originally not as any exaction purchase or mony given to defile or betray Justice but as Retributions or Oblations to the Prince or supreme Magistrate for his grace and favour in granting Writs Remedial and as some recompence of his charges and care in causing Justice to be done to all that have need or should seek for it And some or such-like payments to the Magistrates or Ministers of Justice were in use more then two thousand years ago amongst the Grecians the grand Pretenders to Morality and Justice that greatest of the Vertues where besides a certain sum of money deposited by the Plaintiff for the making good of his Action or Complaint he against whom Judgement was given did pay a Fine as a Vectigal Temerariè litigantis And when Judges were appointed for the hearing of a Cause which amongst the Athenians were in many Civil Causes but as Arbitri or Arbitrators constituted by more supreme Judges or Magistrates they were to meet at the place for them ordained there to expect both parties until the evening at which time if neither or but one of the parties appeared it was in their power to fine the party neglecting according to Law And at the time they entred the Suit and wrote the Accusation with the Fine which was required for Damages the Judges received as a Fee from the Plaintiff one Drachm which according to the Attick valuation was in the lowest accompt seven pence half-peny and the Aeginean twelve pence half-peny And are nothing like either a burden or oppression when it shall be as it ought to be considered that amongst the Romans who imitated them and were so exact and curious in their Justice as they would not a great while permit their Magistrates Praetors or Lord Chief-Justices to take their wives with them into their Provinces Nè feminae in avaritiam suapte natura propensae potentiae subnixae provinciam expilarent And that the Plaintiff could not vetustissimo jure by a most ancient Law or Usage go to Law as Varro tells us nor the Defendant be permitted to make his defence without an equal or certain sum of money deposited both by the Plaintiff and the Defendant which the Sponsiones Sacramenta and Stipulationes amongst the ancient Romans do testifie and that of the monies deposited as well by the Defendants as the Plaintiffs Qui Judicio vicerat suum Sacramentum id est pecunia interpositum auferebat victi ad aerarium redibat But that being found too troublesome was afterwards reduced onely unto the Plaintiffs depositing of the tenth part of the money demanded by undertaking