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Show - 8 - 2 - -f-J-iJ_L_o_r-dfh__..pi -s---:-S-p-ee-c-;-h-,, -,-th;-e-:t-a~;-:i-:n-g,,..~~~iJ~P-;la~c-=-et ;:.n0~Chi:.a::n:c=e=ry. : uz 'tintT or of Record; Or upon Contempt,' of the I)efendant, in tn YY Yt b' ;{1· ' h h C b . not Appearing, or not Anfwering~ or 7rtJ'm.~, Wit t e ourt y m-fUIJicient Anjwtring. For then, 1t may be thaught, the Defen.dant ffands out,u pon purpofe,to get the fiart,at the ~~1Jimon Law,And {o, take Advantage of his own Contempt, whtch may not be 1 (uttered. . · ~rr~rr: As for Injunf1ions for poj]ejfiQ11, l lh.al~ matntatne po,;1 eJJzons, as they were, at the time, ofrh.e Bi~, exh1h1ted 1 And for the fpace, of a year before: Except the poj[effion. were gotten by force, or by any Trick._. . Neither will I alter poJJeffion, up.on Interloc1t.tor' orders, until! a Decree: Except, upon Matter, plamly confe£Ied,In the Defettdanti Anfwer, joyned, with a plain Difability, and Injolvency of tpe De-fendants to anfwer the Prof!tr. . .As for taking the Poiieffion away, tn refpetl: of Contempt!, I will have all the proceeqings of the Court~ fpe~t fi~fr, ~nd a seque~ ftration of the Profits .J before I come to an ~n;unl110n. . . The Fourth Part of Exceffe is concernmg the commumcat1ng Jjc,':) ~ k' h of the Authority ~of the chancclier too far; And rna tng, upen t e matter, too manychanc~llorr, by relying too much~ upon Reports of the Majiers of the chancery, as concludent. I know~ my Lordi, the .lviaflers of the chancery, are Reverend Men; And the great Ma~s, of Bnfindfe, of theCoHrt, cannot be fped:> with~ut them; And 1t is a Thing the c hanceller may foon fall into ,for hts own Eafe,to rely too mu~h up~n them. B~t the Courf~, t~at I will take, gene· rally, {hall be this: That I wtllm~~e no Btndmg.order, upon any report of the Maflers, without gtvmg a feve~ ntghts day, at the leafr, to ihew caufe, againfr the Report; ( w htch neverthelefs, I will have done modefr1y, & with due reverenc~)towards them:) And again, I mufr utterly difcootin~e, the Makmg, of an flypothetica/ 1 or Cot~ditionllll ()rder; That tf a Mafterof the ChAncery, do certifi.e thus that then it is ordered, without further ·Motion: For tfuat is a Surprife, and g~ves no time, for Contrad.itl:ion. . The lafi Poin~ of Excejfe, ts: If a chanceller, {hall be fo much ?f himfelf, as he iliould negl~fr , ~iliftance of Reverend J~tdges, m Cafes of Difficulty, ( efpectally tf tpey t~uch upon !--aw:) orCa lling them, lhall do it, but Pro forma tantum, and gtve no ~ue ref petl:, to their Opinions: Wherein, ( ':llY Lords) pr.efer':mg the Dignity, and Maje.fty, of the Court;( whtch I count~ rather mcreafed, then diminiihed, by grave, and .due .Affifrance I fhall never be found fo Soveraign or abundant)tn mtne own fenfe, but I thall both defire, nndmake'true ufe, of Ajfiflants. Nay I affure, your Lotdfhips, ifl ihould find, any main Diverfity of Opinion, of my Ajfijtants, fro~ mine own ; Though I know well the 1~tdu:~tturt>, wholy refides in my felf; yet, I think, I fhould have Recourfe, to the Oracle of the Kings own Judgement, before Itbould P.ro· nounce. And fo much, for the temperate ufe, oft he Authonty, of this Court; wherein, the Health of the Court, doth much con----- f-ifi, As that of the BodJ, confifis in Temperan.ce. Fo, . iJ Lordfbips Speech, at the takj11g, hiJ plate in C~anc~-ry. For the SeeonQ. commandement of his Maje.fly ~ touchingflaying of Grant:, at the Great Scale: There rna y be juft Caufe of Stay: Etther, 1~ the M4tter of th~ Grant: Or, in the M11nner of pajjing the. C;tme · . Out of both wh1ch, ·I extract, thefe 6. principalt cafes, whtch I wtll now make known. All which, neverthelelfe I underlbnd, to be wholly fubmitted, tq h~s Majeflies Will,and,Pleafure, after by me, he !hall have been tofon:pc::d? For if Iteratuni llfandatunt do come, obedience -H better then ftcrifice. The Firfi: Cafo is~ where any Matter of Revenew, or Treafore or Profit, pa.lfeth from his Majefty; My Firft Duty fha11 be, to'examme, whether the Grant, hath paifed, in the due, and naturaU Courfe, by d1e Gret1.t ojfi,·ers of the Revenew; (~he Lord Treaforer ~nd cha'!celler of the Excheq1ter;) And with their priviry: which . tfl find It not t~ be, I muft p~efume it, ~o have pafied, in the dark, and by a kmd offutreptton; And will make fray ofit· till his Majeftiei pleafure, be further known. ' Secondly, if it be a Grant, that is nor meerly vulgar, And bath flo.t, ofCourfe,paffed at the Signet, by a he Simile; But needeth Sctence, my Duty iliall be, to examine, whether it hath pa.lfed by the Le#frned Counfel/; and had their Dock.§ts: which is that' wh1ch his 111aje{t.y reades3 and that leades him. And if I find it 0~ therwife, (although the Matter, were not, in it felf inconveni· ent) yet I hold it) Jufi Ca,tJeofStaJ, (for rrejidents fake,) to keep Men , in theright way. Thirdly, if it be a Grant, which I conceive, (out of my little knowledge) to beagainfr the Law; Of which nature, 1hr!odojim was wont to f:ty, when he was prdied; Ijaid it but I granted it not, if it be Hnlawjull: I will call the le-1rnedG'ounJdl to it;( As well him, tha.t drew the Book, as the Refi) or fame of them; And if we find caufe, I will enform his Majejiy, of our Opinion, ehher by my felf, or fame of them. For as for the Judge1, they areludge.t of Grants poft, but not of Grants to come, except the King call them. ' Fourthly, if the Grants be againfl tho Kings Bool{e, ofBtJHnty; Tam e:xprefly Commanded, to fray them; untill the King either 1\evife his Book_e in Generall, or give Direction in the par~ ticular. Fiftly, if as a Counfell~r of E/l~tte, I do f<~>refee inconvenience, toenfuebythe Grant, tnrea(onofFjiate, tn refpeCtoftheKing.r Honour, Or Difcontent, or Murmur of the People; I will not trufi mine own Judgemeot, but I will either acquaint his Maje{iy with it, or the Coutifell Table, or fame fuch of my Lord1 as 1 fhall think fit. Lafil y ~ for Matter of Pardons ; I fit be of 'I'rcafon, Mifprifl_on of Trea(on, J1urther, either exprdfed, or involute, by a non 0/Jftttnle~ Or of a Pyracy, or Premunire, or ofFitzll, Or Exemplary.punifhment, in star-Chamber; Or of fomeother natures; I fhall, by the grace of God fray them, untill his Majefly, (who is the F,onnlain of Gra&e ) 1 . M .2 . ~a-::.-1--~- |
