Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	chancellor_n	great_a	seal_n	2,853	5	8.3166	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

with all but the multiplyed Deceits and Knaveries of their own Trades which with the adulterating and enhauncing of all Manufactures and Commodities have not onely lost and spoiled our Trade in forreign parts but do by the connivence of their Companies or Mysteries and for want of a due execution of Laws and Regulations of Falshoods yearly cozen and cheat the people at home as much as amounts to some Millions of Sterling-money or a great deal more then doubles our Taxes and not understanding the right reason just ends and intentions of our Laws nor distinguishing betwixt the right use and abuse of Laws of the which onely the Cozening part of the people are guilty neither contented to have gained so much as they had done by the Law and its residence at London could not be satisfied unless they could pull it all in pieces and make a Merchandize of it and believed a Citizen in a Committee by the study and help of ● Diurnals being the Tinder to the greatest of all Rebellions to be as grand a States-man as the late Lord Burleigh or as if he had been bound Apprentice to Solomon and served out his time in the compiling of his Proverbs and their multiplying costly Orders at 6 s. and 8 d. or ten shillings a piece for a few lines to be as great a blessing and refreshing to the people as the land of Promise was to those that had endured a forty years tedious journey thorow the wilderness and when as too many of themselves were and are by their tricks of Trade the grand superlative grievances of the Kingdome could at the same time raise their false and groundless clamours and scandals against the King the Church and the Laws because he would not quit his Regalities and suffer a rebellious and prevailing part of the people to enslave the residue and our Religion and Laws did forbid it In the midst of which Frenzies whilst the Trades-men did drive on the soldiers many of whom had been their Run-a-gate or Cast-off Apprentices and the soldiers were driven on and encouraged by some Lecturers men of extempore Non-sense rather then Divinity and the Devil leading them with his new lights and false expositions of Scripture and a gaining ungodly part of the people were busie in plundering and oppressing the loyal honest small and remaining part of them and used our excellent Laws and Customes as the Bactrians are said to do by their Parents when they are sick or aged and set their Canes Sepulchrales dogs kept on purpose to tear and devour them it would have been a wonder how any of the most refined Right Reason or Constitutions of our Laws could rest in quiet when the Graves of some of our British and Saxon Kings were in a most unchristian and barbarous manner opened and disturbed and their dust and bones cast into the Air and High-ways and the Book of God it self suffered a kinde of Martyrdome in their suspecting the Original and covering the sense and meaning thereof with ridiculous Notions and ignorant Interpretations Or that a very innocent and legal part of the Kings Revenue so well employed in the support and administration of Justice should escape a disturbance and therefore the Fines which were usually through many past Centuries and Ages paid in Chancery upon all Original Writs in personal Actions wherein the debt or damages demanded exceeded forty pounds must have its share in the suffering under those grand and continued persecutions of Truth Loyaly and Right Reason and be forbidden by an Act of a Factious part of the people supposing themselves to be the Commons of England assembled in Parliament and sacrificed but to the pretended Liberties of the people to the intent to leave them as little as they could of their Liberties in greater matters which being with other of our good Laws Customs worried and cryed down by the causless out-cries and clamors of those that better understood their own evil purposes designes in it then the Original institution benefit and right use of them could not rise again or be revived until that happy restauration of our King Religion Laws and Liberties nor then neither without the Cicatrices and skars of the wounds under which they formerly languished and as the imagination being once hurt is seldome ever after free from those melancholicque impressions which it once harboured so did those of a necessity of reforming our Laws or of supposed evils or grievances in them beget an ill opinion in the minds of the people where yet it sticks so much as some well-meaning and good men are not so willing as they should be to abandon the causless suspitions and prejudices which they had entertained of them and those illusions and inconsiderately-received impressions have as yet kept up in too many the humour of endeavouring to overthrow those and many other of our good Laws Constitutions which if Understanding or Knowledge may be the Judges or Touch-stone of them will appear to deserve a better usage The more then ordinary misapprehension whereof by those that build upon no better a foundation then the ignorance of its Legal Original and Right Use hath summoned my Duty to our Soveraign and his Laws to hinder what I may the unjust Censures and ill-advisedness of some people who are as ready to cast away their own good as those who to avoid a little cold which their delicacy and a surfeit upon peace and plenty cannot perswade them to endure can think it to be no small part of prudence to tear up and burn the planks of the Ship wherein they are sailing at Sea and far from the Shore and run the inevitable hazard of perishing by the fury of a cooler Element and that I might satisfie such as mislike the payment of Fines in Chancery upon some Original Writs and that it hath for many Ages past been a most Legal and useful part of the Crown-Revenue without any the least of grievance to the people or our so often reiterated Magna Charta or any other our Laws or Liberties and shew them that the usefulness and Legality of it is not taken away or diminished because a part of it is paid or goeth to the support of the Lord Chancellour or Lord Keeper of the great Seal of England for the time being in that great and as eminent as careful place of Administration of Justice in granting Writs Remedial or abating by moderation and equity the rigour and justice of the Laws many times too unconscionably made use of or put in execution by the people one upon the other who are to be enforced and kept from being over-severe or taking unjust advantages one upon another which hath taught the most of Nations to look upon that high and superlative Officer of State as greatly necessary and to give him allowances becoming so great and honourable a charge and employment insomuch as the very thrifty and prudent Commonwealth of Venice well understanding

corruptus tulisti populus Senatus Judices mercede sua priventur And Sigonius who had very learnedly and industriously searched and traced their customes addes hereunto his own opinion That hanc consuetudinem Atheniensium intuens Aristoteles qui suos de Reipublica commentarios diligenti omnium rerum publicarum observatione maxime si quis attendat Atheniensis confecisse videtur scripsit populare maxime esse mercedem omnibus dare concionibus Senatui Judiciis magistratibus ex concionibus maxime ordinariis magistratibus imprimis iis qui una esse inter vesci quotidie cogerentur For when the Scripture it self can tell us that Operarius mercede dignus the work-man is worthy his hire or to be paid for his labour and Justice it self perswades it if the Client or party immediately concerned who is most properly to do it shall not pay it the King is to do it by a Stipend or Salary yearly to be paid out of the common Treasury which being to be furnished or supplyed by the people will return heavier again upon them and lay a burden upon those which should not bear it or never in their lives may have any occasion to sue for remedies at Law or be Petitioners either as Plaintiffs or Defendants for Justice And the Defendants and such as are innocent and Victors must in those publick Assessments or Contributions help to bear the Princes charges and pay for the Plaintiffs unjust vexations if no Fees or Sportula's should be taken but a constant and yearly Salary should be given to Officers and Clerks which unless it be large cannot probably be adaequate to the skill industry labours and fidelity of the Officers and Clerks which in the Casualties and Contingencies of Actions and Business cannot well be foreseen or made to be proportionable thereunto by any just measure to be taken before hand or any prospect which can possibly be made of it And therefore a yearly Stipend or Salary being likely to be either too narrow or too large Will if plentiful or too much violate the Rule or purpose of Justice or if too little put a sinful necessity upon the Officers to do their business lazily and carelesly or stir up in them a greedy and craving appetite and temptation of taking the advantages of all opportunities to satisfie those Appetites or that which they shall sinfully conceive to be a recompence for their labours the wickedness and inconveniences whereof have been sufficiently held forth unto us by what hath been seen felt heard and understood in the yearly Stipends or Salaries with a restraint of taking any other Fees heretofore given to Officers and Clerks both in England and Scotland in our late times of Pretences rather then Reformations when those Publick Spirits as they thought themselves made up of the Out-sides of Holiness did onely gather in their prey and a greater then otherwise they could have done under colour of it And the Plaintiff by paying and depositing that most commonly small sum of money beforehand or giving of it doth it but in the confidence of the Justice of his Cause and hopes to recover it of him that did him wrong And if his Action proves to be unjust did but justly pay for his abusing of the Ears of Justice by his unjust complaint or vexation put upon the Innocent who having Costs allowed him a means to recover it hath no reason to claim any share or part in the money paid for the Fine if it were a Depositum for that it would then be as a Caducum or thing which neither the Plaintiff nor Defendant after it is paid can have any Title unto and is therefore according to the ancient custome if it were not an Oblatum which it is rather conceived to be to be paid to the King whose Lord Chancellour hath towards his support in that high and eminent place and care of Justice under the Soveraign one part in four allowed him the Master of the Rolls another part and the Cursistor or Clerk that makes the Original Writ the moyety or the other two parts And in the highest time of Suits in Law of that kind when they were four times as much or more then now amounted to no more then 5000 l. per annum amongst them all or little more then a third part of that miscalled sum of 12000 l. per annum which some of the Members in the Long Parliament were by the factious and giddy Calculations of those little Foxes that could spoile any Vineyard they did but bark at well contented to believe And must otherwise as to their support and employment have been satisfied either by the people or the King which as the Head and well-being of the Body Politick is as in the Natural to be supported by the Members And with the greater reason in this particular of the Fines upon Original VVrits issuing out of the Chancery for that whether they be as Deposita's or Oblations or Mulcts imposed profalso clam●re if the profit were greater it will be but a small part of the peoples retribution and thankfulness for the great charges of the King amounting to near as much as twenty thousand pounds per annum for the Salaries of his Judges and Ministerial Officers in the administration and execution of Justice the safe-keeping of the Records thereof and giving cheap and easily-to-be-obtained remedies to his subjects and people for all their complaints and grievances who cannot without the blemish of a great Ingratitude take it to be any thing less then Right Reason saith the excellently learned Sir Francis Bacon that the benefited Subject should render some small portion of his gain as well for the maintenance of those Rivulets and Springs of Justice and his own ease and commodity arising thereby as for the supportation of the Kings expences and the reward of the labours of those who are wholly imployed in the making of VVrits Remedial And therefore it was well said by Littleton 34 H. 6. so 38. That the Chancellor of England is not bound to make VVrits without the due Fees for the writing and seals of them And hath had so general an allowance of Nations as that the custome of paying Fines or some little Oblations at the commencement of their Suits is at this day continued amongst many of our Neighbour-Nations For the Emperour or great Duke of Russia hath five Alteenes or so many five pences sterling for every name contained in every Writ which passeth out of his Courts of Justice besides a penalty or mulct of 20 Dingoes or pence upon every Rubble or Mark which is to be paid by the party convicted by Law In Florence and Tuscany Litigantes omnes cum primum actionem suam instituunt certam summam Duci solvunt quam Sportulam vocant And by an Edict or Proclamation of King Charles the 9. who reigned in France in the time of our Queen Eliz. every man is to deposite two