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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A47619 Second considerations concerning the High Court of Chancery, and the most excellent ordinance for the regulation and limitation of that court by Edw. Leigh, Gent. Leigh, Edward, 1602-1671. 1658 (1658) Wing L1002; ESTC R22117 8,465 16

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SECOND CONSIDERATIONS Concerning the HIGH COURT of CHANCERY And the Most Excellent ORDINANCE For the REGULATION and LIMITATION OF THAT COURT BY EDW. LEIGH GENT. Salus Populi Suprema Lex LONDON Printed by I. G. for Rich. Marriot and are to be sold at his Shop in S. Dunstans Church-yard Fleet-street 1658. SECOND CONSIDERATIONS Concerning the Regulation of the High Court of CHANCERY BEing during the sitting of the late Parliament assured of a strong endeavour to have the late Ordinance of his Highness and his Councel for Regulation and Limitation of the Chancery repealed or with silence to fall to the ground to the great prejudice of the Common-wealth I took the boldness though against my judgment as to publication of any of mine own observations or conceptions to cause a small Pamphlet to be imprinted to give notice to the Commonwealth of the prejudice it was like to suffer by the repeal or expiration of that Ordinance with desire that all good People of this Common-wealth would address themselves to the late Parliament to take the Ordinance and Regulation of the Chancery into consideration and before the ending thereof to take some course for the Regulation of that Court That Matters there might not return to the former Incertainties Delayes Absurdities and Expences which was aimed at by those persons who ought out of Conscience and Duty to the Common-wealth to have been more just and kind thereto that nevertheless have occasioned that evil and mischief since befallen the Common-wealth by obtaining an Act for the Ordinance to continue no longer then until the ending of the late Parliament But that mischief that I then foresaw being by the sudden dissolution of the late Parliament happened I have now again ventured to revive my former Observations professing that as in all my actions hitherto I have had no unjust aimes or ends to the disadvantage or detriment of any so my undertaking at this present is onely for the honour of his Highness and his Council and the good and welfare of the Common wealth which all consciencious men in my judgment ought to promote I have very many years been a Suitor and a sufferer in that Court and thereby some experience is beaten into me that I am able to observe a great deal of difference between the chargeableness tediousness and other inconveniences formerly there and the great benefit and ease the People have enjoyed by the Ordinance and if in relation to it I say bonum est esse hic I am confident I shall have the concurrent desires and suffrage of every judicious honest person in the whole Nation For indeed amongst the many things that Time and Corruption had made the object of Reformation in this Nation nothing had more need of a Regulation and Reforming then the High Court of Chancery which was formerly and especially of later times so chargeable to Suitors in the prosecution and defence of their Causes And so corrupt and uncertain in the practise thereof That instead of a Sanctuary to the Oppressed it was become a most intolerable burthen to the Nation And notwithstanding all addresses to the long Parliament so continued until the Parliament which began in the year 1653. which was composed of persons though perhaps not very learned States-men yet doubtless men of very good and honest intention and very sensible of the Burthen of the Nation by whom it was Voted to be taken away But that Parliament dissolving it pleased his Highness to continue that Court it being indeed of very excellent use for the Nation and without which it cannot subsist as the Common Law now stands And both it and the Common Law being challenged by the People as their indubitate Birth-right Yet notwithstanding his Highness was pleased to appoint divers of the long Robe to consider of a way for the Regulation and Reformation of that Court But they for what reason I know not did not effect that good work so much longed for and needed by the People of this Land Whereupon his Highness by advice of his most H●norable Council notwithstanding the other great and important business for the Government and Safety of the Nation laid on them did make an Ordinance for the Regulation and Limitation of that Court a better or more accurate and excellent this Land and Nation never saw which after much strugling almost a year after the making thereof was put in execution Whereat as no good man could take exception so none but those concerned in point of a Corrupt interest could or did speak against And it may be well observed that since the same was put in execution no complaints have been heard against it from the People for whose good and ease chiefly the same was made Yet nevertheless since the beginning of the late Parliament some unnecessary burthensome Officers which either had part of their former unconscionable gain taken from them or else their Office set aside as unnecessary have been indefatigable in their endeavours to get that most excellent Ordinance expelled And a Committee of Parliament being appointed for the view of the Ordinance made by his Highness in the interval of Parliaments that Ordinance was most especially struck at through the clamours of those late unnecessary Officers of that Court who aimed not at the good of their Countrey but their own unconscionable gain Nevertheless it pleased the Parliament to refer the matter to another Committee to amend that Regulation setled by the Ordinance if they saw cause and to send for Parties Papers c. Which Committee accordingly meeting the Attorneys by command and the late Six Clerks attended them where the Counsel for the Six Clerks was heard in a most tedious and impertinent discourse And the Attorneyes receiving then a command from that Committee to prepare their reasons in writing And to set forth wherein the Ordinance was good or bad for the People and a very short time given them to that purpose they as I have heard accordingly prepared their Reasons and attended to have presented them to the Committee But the Committee not afterwards meeting the Attorneys Reasons could not be presented to them and the Ordinance being since by Act of Parliament onely to continue during the sitting of the Parliament The Parliament being dissolved the late Six Clerks without Right or Authority have re-assumed the places by them formerly held though the Office of a Six Clerk is utterly abolished by the Ordinance of Regulation and the Act of Parliament for confirmation thereof although indeed the Ordinance be unhappily expired through the art and industry of those whom the Common-wealth hath no reason to thank for their pains And those unnecessary Officers do again contrary to the Order of the Right Honourable the Lords Commissioners of the Great Seal of England made after two solemn debates by learned Counsel on both sides exact the unconscionable exorbitant Fees by them formerly taken and endeavour to introduce the former corrupt and dilatory way of