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
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
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
redress and little occasion would be for the parties to make address to the Chancery in such cases and a Law to binde the People to reduce their Acts Deeds Contracts and Agreements into writing inrolled will work a great peace in the Land in reference to Law-suits and would spare many thousand pounds a year to the people by prevention thereof as is humbly conceived SECT XXX THat in all Cases where a Plaintiff is dismissed the Desendant shall have full costs and where the Plaintiff hath just cause of relief the Plaintiff shall have full Costs saving in a case where he might have had the like benefit without Suit and there he shall have no costs but pay the adverse party full costs and a Fine of 40 s to the Commonwealth save also where the Defendant by Answer submits to the Iudgement of the Court and claims nothing to his own use in which case he shall neither pay Costs nor Fine but the Plaintiff to pay him costs if the Court finde cause And where the Plaintiff is relieved for part and dismissed for part either party to pay costs to the other and if a Plaintiff be relieved against any one or more Defendants and not against others such others shall have their full costs And whereas any is to pay costs and is not able such party shall be sent to the Work-house to work during the pleasure of the Court one half of the benefit of his work to go towards the payment of his Costs or be whipt or both at the discretion of the Court And no person is admitted to sue as a poor man unless he bring a Certificate from some Iustice of the Peace Councellor or Sergeant at Law or Iudge of the County Iudicature of his poverty and the Iustness of his Cause Observation 30. All this Section seems very just and reasonable and may prove of good use and benefit to the people of this Nation if established by Authority SECT XXXI THat in all cases where a Plaintiff is dismist he shall pay a Fine to the Commonwealth of 20. s. and if the Plaintiff hath a decree against any Defendant such Defendant shall pay aliue Fine to the Commonwealth where he paid costs to the adverse party And a Defendant for every insufficient Answer after the first shall pay a like Fine to the Commonwealth and a Plaintiff a like Fine for frivilous exceptions and every person judged in contempt for that unnecessary trouble of the Masters of the Court by entring a reference before them in their Book shall pay a like Fine to the Commonwealth Observation 31. As to the payment of 20 s Fine in this Section proposed to the Commonwealth it should seem more reasonable that the same should be paid to the party aggrieved and concerned which may be considerable in his purse whereas if the same be cast into a publique Treasury it will little add thereto SECT XXXII THat the shewing a Decretal or other Order of the Court under the Registers hand to the party who is to observe the same and leaving a Copy thereof with him or leaving the same at his dwelling with some person there if any be there to be found or otherwise at the door of the house shall be a sufficient service and the party shall be in contempt if he yield not obedience thereto within eight days and thereupon process may and shall issue forth to attach his body and if the order be to pay money then also to levy the same of his goods and chattels lands and tenements as upon a Iudgement at the Common Law And the Sheriff and Coronor in execution of their Offices upon process forth of Chancery shall have the same power as in execution of process at Common Law and leavy their own Fee befide the money for the party or Commonwealth and behave themselâ—es as in cases of other Execution And all process of Summons under a penalty and the course of Arresting by any other Writ of Attachment then is by this Act appointed Attachment with Preclamation Commission of Rebellion Mossenger or Sergeant at Arms as to the Execution of any process of the said Court to be henceforth forborn and Writs of Executions of Orders and Decrees under Seal to be no more used Observation 32. The course prescribed for service of Decretal Orders in this Section seems to be inconvenient for since the Proposers have directed that all the Process of Summons shall be under the Seal of the Court which is the first and least considerable of all the Process issuable out of the Court why a Decree which is the last and most considerable of all Writs should not be under Seal is left to consideration it being easie to counterfeit a Registers hand and if discovered not so penal as the counterfeiting of the Great Seal of England wherein pains of death are provided for the party offending and therefore in respect of the difficulty of counterfeiting the great Seal and the hazard and punishment attending the same it is held and taken to be the most safe convenient course which strikes a terrour in the persons concerned and worketh a more honourable respect to the Decree and Authority of the Court that made it then to a bare Registers hand which may be had for twelve pence at any time And as to the Proposal which would make a decree in Chancery equivalent to a Judgement at Law it was formerly proposed by the Clerk and cannot but be well approved of by all un-byassed persons since Execution of the Law is the life of the Law And the precedent reasons that are offered for the issuing forth of Decrees under Seal of this Court will satisfie all ingenious men for the issuing forth of all Writs of Executions of Orders under Seal of this Court SECT XXXIII THat whereas any man is attached for breach of a Decree he shall not buy or sell at liberty but by order of Court And in all such process of Attachment it shall be mentioned that it is for breach of a Decree Observation 33. This is a very strict course as is humbly conceived and tends to the disinabling the party against whom the decree is past to pay hâ—s Debts or to make satisfaction to the party demandant But to restrain him from disposing or selling of the matter decreed seems reasonable SECT XXXIV THat there shall be no more money ordered to be paid into Court unless by consent of both parties and no Fees shall be paid for paying out the money already in Court And the party who thought to have dammages for detaining any money which is brought into Court shall have it during the time the money remains in Court to be paid by such as were the cause for the bringing it into Court. Observation 34. To restrain the Court from ordering moneys to be paid into Court without relation to the nature of the Case may prove a great prejudice to many persons for in case there be one or more Suits
depending for profits of Lands or other things whereunto the Plaintiffs and Defendants make several claims and the Tenants or others concerned who derive an interest under the parties Plaintiffs or Defendants have rents or moneys in their hands but cannot with safety pay the same untill the right be determined it might prove a great inconveniency to the Tenants to pay their Rents to either parties before the Court on hearing of the Cause declare to whom the right appertaineth the payment thereof in the interim in dubious and intricate causes may occasion the parties to pay the same again and so consequently multiply unnecessary suits which the wisdom of former Ages hath prevented by staying the rents in the Tenants hands on good security given to pay the same to whom the Court shall order or else by ordering them to bring the rents c. into Court to be disposed of as the Court shall direct on mature and deliberate consideration had of the merits of the Cause whereby it may appear to whom the same beiongs And it seems unreasonable that no Fees should be paid for the paying out of the money already in Court since the Officer that hath charge thereof hath been put to the trouble in receiving and keeping the same who is lyable to make satisfaction therein if the same be imbezelled and must be at the trouble and loss of times to pay the same out and receive discharges for the same for all which pains trouble and hazard it seems reasonable that the Officer should receive satisfaction accordingly SECT XXXV THat where any party may take forth Sub-poena's of course to bring in a Deed the Register shall grant an order of course under his hand and like order where the Court doth direct it And the Sub-poena's Ducens tecum to be forborn And the Register shall take for such order and entring it 12.d and no more Observation 35. This is already provided for by the late Rules made by the present Lords Commissioners more expeditious and at less charge then is proposed in this Section viz. that the party may of course without order or motion take out a Writ of Ducens tecum to bring in any writings confessed in the Defendants Answer but in case the party on his examination and consideration had to the title set forth in his Answer do make good claim to the Writings the Plaintiff in such case is to pay costs which order is conceived to be a more wholsom and safe course then what is prescribed in this Section SECT XXXVI THat the time of redemption of Lands morgaged before or at the passing of this Law where no suit is depending for the same shall not exceed two years from the passing this Act and the time of redemption upon any morgage after to be made shall not exceed one year from the entry of the Morgage after the condition broken and from the time of Entry within the year and untill redemption the Morgagee shall receive double dammages if it be redeemed unless where an Infant is the Heir of a Morgager and to redeem shall have two years and not above from the time of the entry of the Morgagee after the condition broken paying single dammages And that in all cases where the Morgager dyes having an heir within Age and the Morgagee redeemable such Heir upon satisfaction of costs and dammages may joyn with his Guardian to make re-conveyance of the Land Morgaged And the same shall be good against such infant and all claiming under him Observation 36. The time limited for redemption of Lands morgaged seems very short and too strict and tends to the forreiting of many mens estates when Morgagers cannot raise moneys within the time prescribed by this Section for Redemption and in case money-mongers combine together in such cases Morgagers must either forfeit their lands at half the value or else sell it at an extraordinary undervalue And by this means no moneys can be raised by persons indebted but on unconscionable disadvantagious terms which cannot but occasion a decay of Trade and Commerce in the Nation and either disable Creditors to pay their Debts or else expose them to ruine by forfeitures of their Estates at great undervalues But on the other side it seems unreasonable that a Morgagee shall be subject to a Bill in equity for redemption after 20. or 30. years forfeiture and sometimes longer and after alienation of the estate which occasioneth many unnecessary troublesom and chargeable suits so that a reasonable certain time being limited beyond which there shall be no redemption seems just and convenient which is left to the grave consideration of those who are to Enact the same SECT XXXVII THat from the time of hearing of Suits now depending in Court of Equity upon Morgages there shall not be in any case above six moneths allowed for time of Redemption from the hearing of the Cause and there shall be no stay of any legal proceedings upon any Morgage unless equity be in the Defendants Answer confessed or adiudged of the Court upon hearing of the Cause Observation 37. This seems reasonable SECT XXXVIII THat a Morgagee entring and a Morgager redeeming Lands Morgaged the Morgagee shall not be responsable for more then the profits he hath clearly made of the Lands while he had the same in Morgage deducting his necessary charges which shall be determined by the Oath of the Morgager his Heirs and Assigns and no other profits shall be required or admitted SECT XXXIX THat the form of the Oath shall be that neither the Morgagee nor any other deriving title under him to his use hath made other or more profits of the Lands then are given in upon such oath as far as he knoweth believes or can possibly discover and that there hath not been any fraud nor wilfull neglect so far as he knoweth or believes in the management thereof whereby the profits were not made to his use of the Lands or Tenements Morgaged Observation 38. and 39. Against which the Author offers this to consideration that in case the Morgagee will let the Lands to a friend of his at an extream undervalue this cannot be termed properly a fraud for any man may let out his own Lands or what he is justly possessed of and hath power to let and set at what Rates he pleaseth but in case the Morgager or any other for him or any other person offer the Morgagee a far more considerable rent and as good terms and securities as he was to have from another Tenant who was to have it at an undervalue this will render it a fraud otherwise not And as to the Provision made in this Section touching the oath to be taken by the Morgagee the Morgagee may greatly damnifie the Morgager in point of Redemption and yet take the Oath herein before directed And it were well if course were taken to avoid the taking of oaths which are sacred unless in cases of necessity And therefore it is