| OCR Text |
Show The Kings Charge, which iJ In) Lanthotn, rtft~d up01: /ourHeads. . . THefirfr was, that I fhould contain, the. Jurifdi&ion of the Ctmrt, within his true, and due, Limits, Without SweUing, or Exce./Je. The fecond, that I lbould think, the putting, of the Great Seal-to Letter! Ptttents, wa~ not a Matter of courfe after precedent Warrants; But that I lbould take it to be, the Maturity, and Fulnefi of the Kings Intentions: And therefor-e, that it was one, of the greatefi: Parts, of my Trufr, if I faw, any Scruple, or Caufe offtay,that I {bould acquaint him; Concluding with a, ff2.!!_od du-bites, nefecer'il. The third was, that I lbould retrench, all unnecdfary de-byes; That the subjel1 mought find, that he did enjoy, that fame Remedy, againft the Fainting of the Seal, and againfi: the Con. fumption of the MeaDs, and efiate; which was jpeedy ]Yjlice. Bis dat, qui ci t'o d"t. · The fourth was, that ]H.ftice might paffe,with as eafi.e charge, as mought be: And that thofe fame Brambles~that grow about ]uftice, of needlcfie Charge, and E:xpence ; And all manner, of Exaai-ons ,mought be rooted out, fo far as mought be. · . Thcfe C8mmandements, (my Lords,) are Righteous; And, .Cas I may term them,) s~cred; And therefore, to ufe a sacred Form: I pray God, blefie the King, for his great care, over the Juflice of the Land; And give me, his poor Servant, Grace, and Power, to obf~rve his Precepts. . . Now for a Beginning towards it~I have fet down~ and applted, particular Orders, to every one of thefe four Generall Heads. For the Exce.f!e, or i'umoHr, of this Court of chancery, I £hall di-vide it, into five Natures. The firft is, when the Court, doth embra-ce, or retain, C aufes, both in Matter, and Circumftance, meerly Determinable, and Fit, for theto»tmon Law. For,(my Lords,) the chancery, is ordained, tofopply the Lttw, and not tofubvert the Law. Now to defcribe unto you, or delineate, what thofe Caufes are, (and upon what differences.>) that are fit for the Court, were too long a LeCture. But I will tell yo~, what Remedy, I have prepared. I will keep the Keyes of the Court, my felf, and I will never refer, any Demurrer, or Plea, (tending to difcharge, or difiniffe. the · Court, Hii Lordfhips Speech, at ihe tal{!ng, hiJ place i!l Chancery. , Court, of the CaH[e, ) to any Mr. of the C IJ .. mcery; ·But jttdge ot ir, my f~lf, or, at leafr, the Mr. of the Rorvle1. Nay fUl ther, I will appotntregularly, that on the1'uefd.fJ ineverywc:ek·rwL· h it~theDayoforde,..r,) firfrtohear~llMotfons ofth1tNa.:'" blc nc >ref anyh ot he r; Td ~' at h S b' · ' ure, et e u Jefr,may ha v:: his Pale, at firft) with-out u 1 rt er atMte~r tn 11 g; And that the emu t) do not keep, and :tc rumu ate, a 11ce any, ·and Confuuon, of Cau(lu of all N _ rures. ' J _ The- fccond Point, ~oncer~et h the time of the Com plaint; And the lar~ Com~ners tnto the chancery: which !by, till a Jr~dge ~ me'?' be pafied ?gatnfi: them, at the Commmz Law, and then complJan: Wherem your L8rjhipr, may have heard a great Ratll~ and :1 Noy~, of a Premu11ire, aod I ~~nnot tell what. But that ff2!!:.Jfion t!lc Kmg h~~th fetled, acco~d1ng .to the <tncient rrefldenb, in all t HRes contmued. A~d thzs I w1ll f~y, that the Opinion, not to rd1eve any <?afe, 1ft er Judgement would be a guilty opinion: Guilty, oft he ltuwe, and Na#fr.tge, and per~fhi11g of iDfinite subjecfs • And as the King found it well out; why fh'oLlld a Man fly int~ the cbanccry, before he be Hu;·t? 7he whole need not the I!hyjici~n but the fcf<: B~t (My Lt.'rds,) the Power would be preferved, but then, the P~.l&ije would be u:oderate. My R11le, flull be, ther€fore, ·rhat m Cafe of ~o~tp~a~ntr, after )11dgemcnt; (except the j11dge »Jrntr. be up.on NriJJl dtt:rt, whtch ~rebut Di{gu.fn of Judgement; Obtamed, m Cont~mpt, of a p~eceding Order, of this Court;) yea_, and after VerddJJ" alfo, I ~Ill have ~he Party complainant,en- , rer_ mro good .Bood, to prove hts Sugge(hon: So that if he will be rel1~ved, :tg:nnft a Judgement, at Common Law, upon Matter of ' Etpnty; _He.fiull do tt, T anq11am in Vinculi{, *lt his Perill. ~he I h~rd Poin~ of ~xcejje, may b~, the _over FreqHent, and Factle Gr4ntmg of In,. .u n&t01tf for rh~ fiaymg of the common Lawu. Or th~Altering rojfejfi~IU; _wherein thefe fhall be my Rules. ' I w~ll grant oo fnJunlJ_ton, 11;1ereel y , upon , Priority of foi 1 : That ts to fa 'r;Hec~t';lle this CoHrt, was firfi po!Iefi~d:A Thing, that I WJS wdl n.formed 111 the late Lord Chttncellers time but ufed in cha11ceUer Eroomrleyes time; Infomuch, as I remember, that Mr. DAlton, t be COHNcellor ~t L~w, put a Pafquill upon the C01 rt, in Na ture o~ a Ed!; For feemg tt was no more, but, My Lord, th::: Bill came tn on ~u~~ay,and th~ 1~~ejtatcon:m:JnLan•,wasonT11 ~(drlJ; I pray the Injun[Jwn, upon rnonty of Smte; Be caufed his ct ent that had a Loofe I:·ebtr.r, to put a Bill into the chanrery, bt for: th~ Bond,d'!e to him, was forfei.tcd, to defire an order, that he might have hts Mo11cy, at the Dtty; Becaufe he would be fure, robe before the othe~. I do not mean. to ma~e it, a Matter <?fan Horje~ Rt~ce, or Poafhng, who thall be firfr, m Chancery, or tn Cmtrt1 of Law. Neither will I grant an Injunllio11, upon Af.ttter, con · aiQed in the Bill only, re it .never fo fmooth, and Specious: Eut upon. Marter confelfed, Jn the Defcndllnts An[wer; Or Matter preg11ant; M in' 8t |
