Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	case_n	common_a	court_n	6,531	5	6.7270	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A60770	Some considerations concerning the high-court of Chancery and the ordinance made for the regulation and limitation of that court.		1657 (1657)	Wing S4482A; ESTC R221575	6,340	13

it must be a new generation that will complain against them I have good reason to hope this will not if they have done and shall persevere to do according to the Ordinance It is also provided by the Ordinance that the Registers places shall not be executed by Deputies which I hope no man will speak against for what reason is there that another person should have a tribute out of the labour of men who spend a great part of their age in attaining to ability in their profession and then take a great deal of pains to do the Clients businesse Why shall the poor Client pay for the Sack and Satin of another by whom he receives no benefit and the allowance yielded to the labourer there by the unnecessary ignorant Officer so mean that if the Client had not yielded a supply there was not a sufficient recompence for the care and labour taken by those that were Deputies formerly but now stand on their own legs and sure I am that if the Ordinance as concerning the Registers be duly and conscionably observed none will finde fault but those persons who without art or conscience would thrust themselves into places they are not able to execute The Ordinance also provides well that the chief Examiners do examine all the witnesses themselves and not by Deputies as it seems they do the Ordinance notwithstanding And if they are not able so to do either through their own incapacity or the multiplicity of business if the present Examiners be removed or others of ability and honesty be added to them I hope it will not be a grievance worthy of any complaint The great cry against the Ordinance under colour whereof the cashiered Officers have thrust in this head of their Serpentine complaints is that the Court must not relieve against new Bonds and that Legacies shall be sued for at Law I conceive that at the making of the Ordinance a provision was intended in those cases for a relief to be had at the Common Law but if upon second thoughts the Chancery shall be thought the fittest Court to give relief therein I wish the Suitors speedy and just relief there Likewise the Fees are lessened to half what they were before or lesse which I hope will be confessed to be an ease to the people I shall not grudge at the Fees given to Councell and only pray that those Gentlemen may have pity and compassion on the poor Suitors to the Court and that they presse not an evil cause too farre I could have wished that some abler pen might have shewed the usefulnesse of this Ordinance to the people being my self I confesse insufficient to do it but by this imperfect discovery the perfection of that excellent constitution may in part appear and the drift of this endeavour being for the information of the people and for their good and advantage I hope the imperfections thereof will be pardoned and that the adversaries to the peoples welfare will not prevail against this Ordinance which was by the Supream Magistrate of this Commonwealth and his Councel with so great wisdom and exactnesse provided for their good A Postscript to the Attornies of the CHANCERY Gentlemen YOu are the persons that are intrusted by the people who have occasion of suit in Chancery and the people do willingly pay you the Fees appointed by the Ordinance as your due you have many times made complaints of the oppression and injury done you by your late Masters as that it was the only badge of villanage left in the Nation you are now at liberty repine not at your deliverers and seek not to return again into bondage The Ordinance gives you a propriety lose it not by your silence A little of a mans own is better then much retained with an evil conscience If the Ordinance fall by which you have your title you have no right to any thing there your Places your Fees are not then to be reckoned Joyn then your helping hand you know better then I and are better provided with reasons In gratitude to his Highnesse make them publique and be assured that if once your quondam Masters prevail to be Lords over you your lives will be the most uncomfortable and your selves the absolutest slaves in the world I hope some of you are wise let a word therefore suffice FINIS

SOME CONSIDERATIONS CONCERNING The High-Court OF CHANCERY AND THE ORDINANCE MADE For the Regulation and Limitation OF THAT COURT LONDON Printed in the Year 1657. SOME CONSIDERATIONS CONCERNING THE High Court of Chancery c. THe Author of this Discourse is a man utterly against the licentious publishing of Pamphlets as being very sensible of the danger ensuing by it and professeth a dissability of composing any thing worth owning But having been a suitor and a sufferer in the high Court of Chancery for very many years even above the common age of man and having found by experience the former iniquity in the course of Practice in that Court and the great benefit and advantage of that most excellent Ordinance made by his Highnesse and his most Honourable Councel for the regulation and limitation of that Court and being informed of some strong endeavours used to repeal and null that Ordinance doth crave leave for the publication of these his Observations that so the people of this Nation who have or shall have occasion of suit in that Court may be informed of the benefit they have or may receive by the Ordinance In which he a●meth at nothing but the publique good and welfare of the Nation 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 Sutors in the prosecution and defence of their Causes and so corrupt and uncertain in the practise thereof that in stead of a Sanctuary to the oppressed it was become a most intollerable burthen to the Nation and notwithstanding all addresses to the long Parliament so continued untill the Parliament which began in the year 1653. which was composed of persons though perhaps not very learned Statesmen yet doubtlesse men of very good and honest intentions and very sensible of the burthens of the Nation By whom it was voted to be taken away But that Parliament dissolving it pleased his Highnesse 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 birthright Yet notwithstanding his Highnesse 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 Highnesse by advice of his most Honourable Councel notwithstanding the other great and important businesses for the Government and safety of the Nation lay on them did make an Ordinance for the Regulation and limitation of that Court A better nor 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 exceptions so none but those concerned in point of a corrupt interest could or did speak against it 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 neverthelesse since the beginni●g of this present Parliament some unnecessary burthensom Officers which either had part of their former unconscionable gain taken from them or else their Offices set aside as unnecessary have been indefatigable in their endeavours to get that most excellent Ordinance repealed And a Committee of Parliament being app●inted for the view of the Ordinances made by his Highnesse in the int●rvall 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 Country but their own private unconscionable gain Nevertheless it pleased the Parliament to referre 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 Attornies by command and the late six Clerks attended them where the Councel for the six Clerks was heard in a most tedious and impertinent discourse and the Attorneys 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 Attornies Reasons could not be presented to them and the Ordinance being since by Act of Parliament only to continue during the sitting of this Parliament it is much feared that it is the drift of those persons who are left out as unnecessary Officers in that Court to improve their interest and use all endeavours to hinder any further consideration of the Ordinance by the Parliament so that thereby the Ordinance may fall to the ground and the old way of Practice in that Court be set up again to the great prejudice of the Commonwealth It therefore much concerneth all honest well minded people of this Nation that they make their humble addresses to the Parliament minding them that before the end thereof they tak●… the Ordinance into consideration and that what shall appear to be good therein may be confirmed and what shall be found therein to be short for the intended welfare of the Nation may be supplied and what appeareth to them to be any way discommodious to the people if any such thing there be may be amended that so so good a constitution may not fall to the ground unregarded which hath with so much deliberation and resolution been appointed for the good and ease of the people And to the end the people may be the better informed of the advantage they have and shall receive by that Ordinance it were to be wished that those Reasons that the Attornies or Clerks of the Chancery had provided to be presented to the Committee of Parliament were made publique But as there is just cause to fear that in them the Arrow was not drawn to the head in their composing there being a great opposition as I have been informed even amongst themselves so without doubt they are now suppressed through the influence and awe the before mentioned unnecessary Officers have over the abject and private spirits of the present Attornies The Ordinance in the first place provides a convenient number of Attornies who are to solicite and manage the Clients Cause for 3s 4d a Term which Fee was formerly received by the six Clerks for doing nothing at all for the benefit of the Client who was forced either to imploy a Solicitor to manage his businesse to his great losse or else to manage