Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	according_a	justice_n	king_n	5,951	5	3.7791	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A66458	Orders and rules to be humbly proposed to His Majesty [T]o [b]e by him establish'd for rectifying some of the proceedings in the High Court of Chauncery, and other courts of equity, with reasons for the same. Composed by Walter Williams of the Middle Temple barister at law, 1st of May, 1700.	Williams, Walter, of the Middle Temple.; William III, King of England, 1650-1702.	1700 (1700)	Wing W2777; ESTC R218548	6,639	4

limmitted to prevent a long affected delay Re-hearings being often desir'd when nothing but delay can be expected thereby 12thly That upon Bills of Review the Depositions taken and the Deeds prov'd and confess'd in the Originial Cause may be made use of to make out the Justice or Injustice of the Decree to be review'd For it is Reasonable it should be so for without that an unjust Decree cannot be made appear to be so and so was the practice heretofore if we beleive Roll's Abridgement 1st part page 382. Nu. 4. but of late if a Decree be made without any proof to warrant it or contrary to the proofs there is no help by Bill of Review according to the late practice for it is said it is not to be presumed that the Chauncery would make a Decree contrary to the proofs in the Cause but it may happen that through the Knavery or negligence of a Solicitor or Counsel a material Deed or deposition may be omitted at the hearing of a Cause and the Decree may be Inroll'd before the Clyent finds it out and if it be not to be made use of on the Bill of Review the party may be without Remedy for upon an Appeal to the Lords nothing hath been of late admitted to be made use of there that was not made use of at the hearing when the Decree Appeald from was made so that if the Deeds and depositions in a Cause be not to be the measure of Equity on a Bill of Review a Corrupt Solicitor or Counsel hath a great opportunity irrecoverably to betray his Clients Cause which I hope none will say ought to be allow'd 13thly That all Counsel in Chauncery and other Courts of Equity shall be heard to make their Motions in Order and course as they are at the Barr and that all of them the Kings Councel excepted shall take their places according to their Degree and Seniority For it is the right of the Profession to have it so and at the Common Pleas Barr the Serjants at Law do take their Places and are heard their motions according to their Seniority and so do the Counsel in the Courts of Great Sessions in Wales but the manner in Chauncery hath been hitherto for the Court to call to and cull out the Counsel as the Court likes their Faces which begets an opinion in the People that one Counsel may obtein that for his Client which another can't w●… ought not to be It is objected by some That the King cannot prescribe Rules for the Chauncery without an Act of Parliament But in Answer to that it is to be noted that in the Lord Hobarts Reports pag. 36. it is affirm'd that all Kingdoms in their Constitution are furnisht with the power of Justice both according to the Rule of Law and according to Equity both which being in the King as Sovereign were after setled in the several Courts But that part of Equity being opposite to regular Law and in a manner an Arbitrary disposition is still Administred by the King himself and his Chauncellor in his name from the beginning as a special trust committed to the King and not by him to be committed to any other and though out of discretion they entertain some formes yet they may justly leave them in special Cases and that this power of Judging according to Equity was lodged in the King by Act of Parliament before the Conquest confirm'd to him since appears by Lamberts Book de Priscis Anglorum legibus pa. 62 63. Archeion 58. 1st R. 2. Rot. Parl. Nu. 87. not in Print which who list may look into The Writ of Subpoena which is the groundwork foundation of proceeding in Equity was invented by John of Waltham Master of the Rolls in the beginning of R. 2. as appears Rot. Parl. 3 H. 5. Nu. 49. and it was us'd and continued since without any Act of Parliament for it and the Lord Chauncellor Bacon and the Lord Chauncellor Clarendon c. made Orders and Rules for the Court of Chauncery without any Act of Parliament and if a Chauncellor can make Orders and Rules at his own pleasure why should not the King that makes the Chauncellor make him observe such Rules as he thinks just and reasonable to prevent oppression and extortion In the Rolls Chappel among the Rolls of the 14. of K. J. 1. part 6. N. 25. is the Enrollment of an Order made by the King himself for the Court of Chauncery to give Releif in Equity after a Judgment at Law which the Judges of the Common Law Courts then opposed and that Order hath been observed hitherto and if the King can make an Order as to the Jurisdiction of the Chauncery why not for amendment of the proceedings to prevent delay and Extortion and if he can make one Order why not a hundred if there be occasion

ORDERS and RULES to be Humbly Proposed To His Majesty To be by him Establish'd for restraining the great Expence and length of Suites and for rectifying some of the Proceedings in the High Court of Chauncery and other Courts of Equity with Reasons for the same Composed by Walter Williams of the Middle Temple Barister at Law 1st of May 1700. BY our Magna Charta upon which we much value our selves cap. 29th it is ordein'd that Justice or Right should not be sold or denied or delayd by the King to any Man But if by the subtle contriveance of the Officers and Clerks in Couts of Equity the proceedings are extended to an Extravagant unnecessary length thereby the charge of prosecuting or defending Mens Rights is ●…vagantly increased and the determination of Causes is unnecessarily and unreasonably delay'd I take ●o be a selling of Justice and Right at too deer a rate and it is manifest to all that have had any expe●…e of Chauncery Suites that the charge and delay in proceedings there are grown to be such that 〈◊〉 Causes of great wrong and oppression the Remedy is worse than the disease and most Men of small 〈◊〉 indifferent Estates that come thither for Releif often meet with ruin by the very charge of the pro●…dings therefore for preventing the like for the future the following Orders and Rules are proposed 〈◊〉 fit to be Establish'd in Chauncery and other Courts of Equity whereby both the expence and delay ●…ll be considerably lessen'd and yet Officers and Clerks sufficiently rewarded for their labour First That there shall be no Copy or Abstract of any Bill sent with or annext to the Dedimus or ●ommission to take an Answer Plea or Demurrer For such a Coppy or Abstract is needless the Defendant being oblig'd to take a Coppy of the Bill to know what is thereby charg'd against him and to be advised by Counsel what to do before he takes a Dedimus therefore it is superfluous and needless to have another Coppy or Abstract of the same Bill annext to the Dedimus 2dly That all matters alledg'd in a Bill and not directly and fully Answered by the first or second ●…swer shall be taken for confess'd and admitted by the Defendant to be true as in the Bill alledged For hitherto every Defendant that hath a mind to delay the Plaintiff is admitted to put in four insufficient Answers before what is not Answered thereby is to be taken for truth and the Proceedings in such a Case is very tedious and chargeable for upon the first insufficient Answer there must be Exceptions drawn and filed and then a Motion to refer those Exceptions to a Master and an Order drawn up and pass'd upon that Motion and after that a Summons or two or three or more to attend the Master and perhaps three or four attendances before him with Counsel and Solicitors on both sides before he 'll make his Report and after that if the Report be that the Answer is insufficient the Defendant may put exceptions to that Report and those exceptions must be argued in Court and if overrul'd then there must be a Subpoena or a Rule given for a better Answer and process of contempt till the second Answer and when that is come in and proves insufficient there must be another Motion for a Reference to a Master upon that Answer and the ●…e Dance over again as on the first Answer and so if the third Answer prove insufficient and he like if the fourth prove insufficient and when that is found insufficient the Defendant is to be ●…mmitted to the Prison of the Fleet if he can be catch't and examin'd on Interogatories and then what is not Answer'd by any of those four Answers nor by the examination on the Interogatories shall be taken for truth all which proceeding after the first or second Answer is needless for with good heed taken all matters aleadg'd in a Bill may be Answered to by the first Answer or at least by the second as well as by ever so many more 3dly That a Commission or Commissions for Examining such Witnesses as live in England or W●… both for Plaintiff and Defendant shall be taken out and Executed in the next Lent or Autum Vacat●… after Issue join'd and return'd before the end of the Terme next following and that no Commission fo●… Examining such Witnesses be afterwards graunted in that Cause upon any pretence whatsoever and th●… there be no Commission for Examining Witnesses into Scotland Ireland or other parts beyond the Sea●… till the Names of such Witnesses are left with the Clerk of the other side with the parties Affidavit praying such Commission that he beleives them to be material Witnesses with his Reasons for such his beleif For the practice hath been and I beleive is so yet that a Defendant that affects dalay often lyes still while the Plaintiff Examines his Witnesses and after the Plaintiff hath done Examining then comes the Defendant and prayes a Comission as a thing of Right to Examine his VVitnesses in doing of which he spins out the time as long as he can whenas both sides with ordinary diligence may Examine all such VVitnesses as live in England or Wales in a Lent or Autumn Vacation and for that Commissions to Examine VVitnesses are often sent beyond Sea meerly for delay which ought to be prevented as much as may be nothing but such an Affidavit as above mentioned can prevent it 4thly That no Man be oblig'd to take Coppies of any Interrogatories with the Coppyes of the Depositions unless he will For the Interrogatories are for the most part needless after the VVitnesses are Examined and both Plaintiff and Defendant keep Coppies of their own Interrogatories and to force them to take and pay for Coppyes of what they have by them is very unreasonable and Coppies of Depositions come sometimes to three or four or ten Pounds of a side 5thly That there be 15 lines written in every Sheet in all Coppies of Bills Answers Pleas Demurrers Interrogatories and Depositions and of Records and other proceedings in Chauncery and other Courts of Equity and as many words in every Line as will make 18 Syllables at the least L Clarendon's Order For though by the establisht Rules of the Court of Chauncery there ought to be 15 Lines at the least in every Sheet of Coppies written fairly orderly and unwastfully and though the Clerks do for the most part write 15 Lines in a Sheet they write their Letters and VVords so straglingly disorderly and wastfully and so far asunder that there is seldome above 5 or 6 words in a Line or 13 words in a Line so that by that Irregular way of writing Coppies of late us'd there is almost double of what ought to be Exacted from the Subject in that particular and therefore the words and syllables in each line as well as the lines in each Sheet ought to be ascertained But now to Justifie that wastful