Selected quad for the lemma: day_n
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A31599
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The second part of the present state of England together with divers reflections upon the antient state thereof / by Edward Chamberlayne ...; Angliae notitia. Part 2
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Chamberlayne, Edward, 1616-1703.
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1671
(1671)
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Wing C1848; ESTC R5609
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117,915
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324
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of proceedings not used in Common Law Courts as the Defendants answering to the Bill and sometimes to the Interrogatories upon Oath though to the accusing of a mans self in divers matters dammageable and penal also by the whole manner of publication the depositions of Witnesses by the examining of witnesses upon Interrogatories and in perpetuam rei memoriam by the term and use of final Decree and many other points differing from the Common Law and wholly agreeing with the Civil Law This Court is alwayes open when all the others are shut but onely in Term time so that if a man be wrongfully imprisoned in the Vacation time out of Term the Lord Chancellour may grant his Writ of Habeas Corpus and do him justice according to Law So likewise may this Court grant Prohibitions in time of Vacation as well as in Term time A List of the several Officers belonging to the High Court of Chancery SIR Orlando Bridgman Knight and Barronet Lord Keeper of the Great Seal of England Then the 12 Masters of the Chancery as followeth Sir Harbottle Grimston Baronet Master of the Rolls Sir William Childe Knight Doctor of Laws Sir Justinian Lewin Knight Doctor of Laws Sir Thomas Escourt Knight Sir Mundeford Bramston Knight Doctor of Laws Sir Nathaniel Hobart Knight Sir William Glascock Knight Sir John Coel Knight Sir Robert Stewart Knight Sir Timothy Baldwin Knight Doctor of Laws Sir Andrew Harket Knight Sir William Beversham The House founded at first for the converted Jews was after their expulsson out of England annext for ever to the Office of Master of the Rolls where he hath the custody of all Charters Patents Commissions Deeds Recognisances which being made up in Rolls of Parchments gave occasion of the Name At present there are kept all the Rolls since the beginning of Henry 7. the rest are kept in the Tower of London In his gift are besides the six Clerks Offices the Offices of the Examiners and three Clerks of the Pettibag Next Clerk of the Crown Henry Barker Esquire this Office is of high importance he is either by himself or Deputy continually to attend the Keeper of the Great Seal for special matters of State and hath a place in the Higher House of Parliament he makes all Writs for summoning Parliaments and upon a Warrant directed to him by the Speaker of the House of Commons upon the Death or removal of any Member he makes a Writ for a new Election Protonatary of this Court is Robert Pescod Esquire this Office is chiefly to expedite Commissions for Embassies It is executed by a Deputy Clerk of the Hamper or Hannaper sometime stiled Warden of the Hannaper Whose Office is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs and to attend the Keeper of the Seal dayly in Term time and at all times of Sealing with leather baggs now but antiently probably with Hampers wherein are put all sealed Charters Patents c. and then those Baggs delivered to the Comptroller of the Hamper This Office is now enjoyed by Henry Seymer Esquire and executed by a Deputy Warden of the Fleet or Keeper of the Fleet-Prison is an Office very considerable and is to take care of the Prisoners there who are commonly such as are sent thither from this Court for contempt to the King or his Laws or such as will not pay their Debts c. The present Warden is Sir Jeremy Whitchcote It is executed by a Deputy Serjeant at Armes is Humphrey Ley Esq whose Office is to bear a great gilt Mace before the Lord Keeper c. Six Clerks are Officers of great account next in degree to the twelve Masters in Chancery whose Office is to inroll Commissions Pardons Patents Warrants c. That are passed the Great Seal They were antiently Clerici and afterwards forfeited their places if they did marry till by Act of Parliament in the time of Hen. 8. they were allowed to take Wives They are also Atturneys for Plaintiffs and Defendants in causes depending in this Court The present six Clerks Sir John Marshal Matthew Pindar Esq Matthew Bluck Esq Sir Cyril Wyche John Wilkinson Esq and Edward Abney Esq who sit altogether at their Office in Chancery Lane Examiners in Chancery there are two Sir Robert Peyton and Sir Nicholas Strode Their Office is to examine the Witnesses in any suit on both sides on their Oaths This Office also is executed at the Rolls Clerks of the Petty Bag in Chancery are three Edmund Warcup Esq John Hobson Esq and George Low Esq they are under the master of the Rolls Their Office is to make all Patents for Customers Comtrollers all Conge d' eslires first summons of Nobility Clergy Knights Citizens and Burgesses to Parliament c. The Subpena Office is to issue out Writs to call a person into Chancery This Office is in the hands of Frances Lady Vane Sir Walter Vane and Charles Vane and executed by a Deputy Clerk of the Patents or of Letters Patents under the Great Seal of England is Sir Richard Pygot and executed by a Deputy erected 16 Jac. The Register of the Court of Chancery the Farl of St. Albans under whom are three Deputy Registers for the Court two Deputy Registers for the Rolls two entring Clerks and a Keeper of the Books Cursiters Office in the Chancery is to make out Original Writs they were antiently called Clerici de Cursu of these there are twenty four whereof each one hath certain Counties and Cities allotted to them into which they make out such Original Writs as are required These Clerks are a Corporation within them-themselves and are all persons of Quality whose names follow The Names of the Cursiters now in being are these that follow JOhn Symonds Principal William Barker Assistants Benjamin Gladman Assistants Henry Edmonds Ge. Norbury Abr. Nelson Rich· Plumpton Roger Brown John Norbury Richard Cross Edmund Eyre Will. Adderley Abr. Skynner Jo. Shelbury Will. Plumpton Thomas Fisher Elias Gladman Roger Twisden Ben. Storke John More William Loe. H. Amhurst Philip Barecroft Rich. Parmee Esquires who execute these Offices by themselves or by their Deputies This Office is kept near Lincolns Inn. Clerk of the Presentations of Spiritual Benefices Edwes Esquire Commissioners Sir George Courthop Sir Edm. Turner Halsal Esq Alienation Office N. Crew Esq Receiver Gen. Joh. Nichols All the forementioned Courts of Judicature at Westminster are opened four times the year called the four Termes viz. Easter Term which beginneth alwayes the seventeenth day after Easter and lasteth 27 dayes Trinity Term begins the 5 th day after Trinity Sunday and lasteth 20 dayes Michaelmas Term began heretofore a little after that Feast but now by a late Statute begins the 23 October and lasteth 37 dayes Lastly Hilary Term begins now 10 dayes after St. Hilary Bishop or the 23 of January and lasteth 21 dayes so in all 105 dayes from whence must be deducted about 20 Sundayes and Holydayes which
for greater offences they lose their Chambers and are expelled the Colledge and being once expelled they are never received by any of the Three other Societies Which deprivation of Honor to young generous Spirits is more grievous then perhaps deprivation of life These also when they meet at Chappel or Hall or at Courts of Justice wear a grave black-Robe and Cap at other times walk with Cloak and Sword There are no Lands or Revenues belong to these Societies which being no Corporations are not enabled to purchase not have they any thing for defraying the charges of the House but what is paid at Admittances and Quit-Rents for their Chambers The whole Company of Gentlemen in each Society may be divided into Four parts Benchers Utter Barristers Inner Barristers and Students Benchers are the Seniors to whom is committed the Government and ordering of the whole House and out of these is chosen yearly a Treasurer who receiveth disburseth and accounteth for all Moneys belonging to the House Utter Barristers are such as For their Learning and Standing are called by the Benchers to plead and argue in the Society doubtful Cases and Questions which are called Moots from meeting the old Saxon word for the French Assemble or else from the French Mot a word And whilest they argue the said Cases they sit uttermost on the Forms or Benches which they call the Bar. Out of these Mootmen are chosen Readers for the Inns of Chancery belonging to the Inns of Court whereof they are Members where in Term time and grand Vacations they argue Cases in the presence of Attorneys and Clerks All the rest are accounted Inner Barristers who for want of Learning or Time are not to argue in these Moots and yet in a Moot before the Benchers two of these Inner Barristers sitting on the same Form with the Utter Barristers do for their Exercises recite by heart the pleading of the same Moot Case in Law French which Pleading is the Declaration at large of the said Moot-Case the one taking the part of the Plaintiff and the other of the Defendant The year also amongst them is divided into three parts The Learning Vacation the Term-times and the dead or mean Vacation They have two Learning Vacations viz. Lent Vacation which begins the first Monday in Lent and continueth three weeks and three days and Summer Vacation which begins Monday after lammas-Lammas-day and continueth also three weeks and three days In these Vacations are the greatest Conferences and Exercises of Study in manner following The Benchers appoint the eldest Utter Barrester to read amongst them openly in the Hall whereof he hath notice half a year before He then the first day about eight of the clock makes choice of some Act or Statute whereupon he grounds his whole Reading for that Vacation and declares such mischiefs and inconveniencies as were unprovided before the same Act and now are provided by the said Act and then reciteth certain Doubts and Questions which he hath devised that may grow upon the said Statute and declareth his Judgment therein After which one of the younger Utter Barresters repeateth one Question propounded by the Reader and doth by way of Argument labor to prove the Readers opinion to be against Law and after him the Senior Utter Barrester and Readers one after another according to Seniority do declare their Opinions and Judgments in the same And then the Reader who did put the Case endeavoâ— to confute Objections laid against him and to confirm his own Opinion After which the Judges and Sergeants if any be present declare their Opinions then the youngest Utter Barrester again rehearseth another Case which is prosecuted as the former was And this Exercise continueth daily about Three or four hours Out of those who have read once in the Summer Vacation and are Benchers is chosen always one to read in Lent who observes the like manner of Reading as before is expressed Out of these Readers usually the Sergeants are chosen The manner of Mooting in the Innes of Court is thus IN these Vacations after Supper in the Hall or after Drinking on Fasting-nights the Reader with one or two of the Benchers comes in to whom one of the Utter Barresters propounds some doubtful Case which being argued by the Benchers and lastly by him that moved the Case the Benchers sit down on the Bench at the upper end of the Hall whence they are called Benchers And upon a Form in the middle of the Hall sit two Inner Barresters and on both sides of them on the same Form sitteth one Inner Barrester who doth in Law French declare to the Benchers as Sergeants do at the Bar in the Kings Courts to the Judges some kinde of Action the one being as it were retained for the Plaintiff and the other for the Defendant Which ended the two Utter Barresters argue such Questions as be disputable within the Case After which the Benchers do likewise declare their Opinions how they take the Law to be in those Questions In these Mootings the Junior always argueth first as is used amongst the Judges in the Exchequer Chamber and amongst the Sergeants in open Courts of Judicature The Inner and Utter Barrester plead here in Law French and the Benchers in English and at the Readings the Readers Cases are put in English Mootings in the Inns of Chancery are thus IN the Learning Vacations each Utter Barrester who is a Reader in the Inns of Chancery go with two Students of the same Inn of Court to the Inn of Chancery where he is appointed to Read and there meet him commonly two of each Inns of Court who sitting as the Benchers do in the Inns of Court at their Moots they hear and argue his Case In the Four Inns of Chancery that are situated in Holborn the Moots are read either by those of Greys Inne or Lincolns Inne the others by the two Templers In Term time the only Exercises of Learning is arguing and debating Cases after Dinner and Mooting after Supper in the same manner as in the Vacation time The time between the learning Vacations and Terms is called the mean Vacation during which time every day after Dinner Cases are argued as at other times and after Supper Mootes are brought in and pleaded by the Inner Barresters in the presence of the Uutter Barrester which sit there in the Room of the Benchers and argued by them as the Benchers do in Term time and learning Vacation The Manner of keeping a Christmas in any of the Innes of Court thus THe Students hold a Parlament before Christmas and in case there be in London no Pestilence and that the House is furnished with such a number of Students and of such quality as are meet to keep a solemn Christmas then are chosen and appointed certain of the Students to be Officers in imitation of the Kings Court as Comptroller Treasurer c. These bear rule in the House during the whole time of Christmas and are