The present state of London: or, Memorials comprehending a full and succinct account of the ancient and modern state thereof. By Tho. De-Laune, Gent

III. CHANCERY.

On the Left-hand, or South-west Corner, sitteth the Lord Chancellor, accompanied with the Master of the Rolls, and eleven other Men learned in the

Civil Law, and called Masters of Chancery, which have the King's Fee. This Court is placed next the Kings-Bench, to mitigate the Rigor of it. It is Curia Cancellariae, because (as some think) the Judge of this Court sate anciently intra Cancellos, or Lattices, as the East-end of Churches are sepa∣rated per Cancellos, from the Body of the Church, as peculiarly belonging to the Priest, and were thence called Chancels.

This Court is Officina Justitiae, the Fountain of all our Fundamental Laws, and Proceedings in Law, and the Original of all other Courts. It is as an∣tient as the Civility of the Nation, though perhaps by another Name.

This Court proceeds, either ordinarily according to the Laws, Statutes and Customs, of the Nation, and in Latin, granting out Writs Mandatory, and Remedial, Writs of Grace: or else according to Equity and Conscience, and by English Bill: so that the Chancery hath two Courts in one: The Equita∣ble part is by Bills, Answers, and Decrees, to Examin Frauds, Combinations, Trusts, Secret Ʋses, &c. To moderate the Rigour of the Laws, and Rescue Men out of the hands of their Oppressors. To Relieve a Man especially in three things, viz. against Cheats, unfortunate Accidents, and Breaches of Trust.

Out of this Court Issue out Writs, or Summons for Parliaments, Edicts, Proclamations, Charters, Protections, safe Conducts, Writs of Moderata Mi∣sericordia, when any Person hath been Amerced too high, are for a reasonable part of Goods for Widows and Orphans, Patents for Sheriffs, Writs of Certiorari to remove Records, and false Judgments in inferior Courts, Writs of Audita Querela, and Scire Facias: here are Sealed and Inrolled, Letters Patents, Treaties and Leagues with Foreign Princes, Deeds between Party and Party touch∣ing Lands, Estates, or Purchasers, taking Re∣cognizances,

and making Extents upon Statutes, and Recognizances for Payment of Money, or securing of Contracts, Writs Remedial or Magisterial, Com∣missions of Appeal, Oyer and Terminer, &c. The Court of Common Pleas, which are between Subject and Subject, hath its Original and Commission from the Chancery, and cannot hold Pleas without it.

For the Latin part of this Court, are the 24 Cursitors; and for the English part, are the Six Clerks.

The Court of Equity, that proceeds not accord∣ing to Law, is no Court of Record, and therefore binds only the Person, not his Lands or Goods. The Judge of this Court is the Lord Chancellor, or Lord Keeper of the Great Seal of England. He is here the Sole Judge, whereas in other Courts there are three or four Judges. But he may and doth often, in Cases of greater Weight and Diffi∣culty, in Cases of Law, call some of the other Judges to his assistance; and therefore it is said, this Office may be discharged by one that is no professed Law∣yer, as it has been frequently to their great Praise. It is the highest Dignity in England, that a Lay-Man is capable of, it is Summum ambientis animi quasi solstitium; and the Chancellor is, Magistra∣tum omnium Antistes. Antiently the Lord Chan∣cellor had somtimes his Vice-Chancellor, common∣ly called Keeper of the Great Seal, but of latter times they differ only in Name.

The Chancellor is said to be Keeper of the King's Conscience, to Judge secundum aequum & bonum; according to Equity and Conscience; he is to mo∣derate the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; the exact Rigor and Letter of the Law, whereunto other Judges are exactly tyed: For the Princes of this Realm, (in imitation of the KING of Kings, governing the Wo••ld by Justice and Mercy) have Erected two Supre••m Tribunals together, at the upper end of

Westminster-Hall, one of Justice, wherein nothing but the strict Letter of the Law is observed; and the other of Mercy, where in the Rigor of the Law is tempered with the sweetness of Equity; which is nothing else, but Mercy qualifying the sharpness of Justice.

This Court being a Court of Conscience, the less it is perplexed with the Quirks of Lawyers, the more it is guided by Conscience and Equity.

The manner of proceeding in this Court is thus; the Action is by Bill or Plaint, the Witnesses Ex∣amined in private, the Decrees in English or Latin, not in French. No Jury of Twelve Men, but all Sentences are given by the Judge of the Court.

The place of Master of the Rolls is of great Dig∣nity, in the Gift of the King, for life, or during pleasure. This Officer hath Jure Officii, the Gift of those considerable Officers of the Six Clerks in Chancery, hath the keeping of the Rolls, and in the absence of the Chancellor, hears Causes, and makes Orders by Vertue of a Commission, with two Ma∣sters, and that Jure Officii by right of Office.

This Court is always open, whereas all the others are shut, but only in Term time; so that if a Man be wrongfully Imprisoned, in the Vacation time out of Term, the Lord Chancellor may Grant his Writ of Habeas Corpus. and do him Justice according to Law, so likewise may this Gourt Grant Prohibiti∣ons in time of Vacation, as well as in Term time.

The Defendant is to Answer Bills and Interro∣gatories upon Oath, though to the accusing of him∣self in divers matters Dammageable and Penal; the Witnesses are to Depose upon Interrogatories and in perpetuam rei Memoriam, by the Term and use of Final Decree, agreeable with the Civil Law.

In the Master of the Rolls Office are kept all the Rolls, since the beginning of King Henry the VII. the rest are kept in the Tower of London. In this

Gift are besides the Six Clerks Office, the Offices of the Examiners, and three of the Clerks of the Petty-Bag-Office.

The Office of Clerk of the Crown, is of High im∣portance; he is either by himself or Deputy con∣tinually to attend the Lord Chancellor for special matters of State, and hath place in the Higher House of Parliament. He makes all Writs for Election of Members of Parliament, Sitting in Parliament, upon Warrant directed to him upon the Death or Removal of any Member; and also Commissions of Oyer and Terminer, Goal-Delivery, Commissi∣ons of Peace, and many other Commissions distri∣buting Justice to His Majesties Subjects.

The Office of the Protonotary of this Court is chiefly to expedite Commissions for Embassies.

The Office of the Clerk of the Hanaper (or Hamper) is to receive all the Money due to the King for the Seals of Charters, Patents, Commissi∣ons, and Writs, and to attend the Keeper of the Seal daily in Term time, and at all times of Sealing, with Leather Bags now (but antiently probably with Hampers) wherein are put all the Sealed Charters, Patents, &c. And then those Bags delivered to the Comptroller of the Hamper.

The Office of Warden of the Fleet, or Keeper of the Fleet-Prison, is very Considerable. He is to take care of the Prisoners there, who are com∣monly such as are sent thither from this Court, for contempt of the King, or His Laws, on such as will not pay their Debts, &c. The Sergeant at Arms Office, is to bear a Gilt Mace before the Lord Chan∣cellor or Keeper for the time being. The Six Clerks are Officers of great account, next in Degree to the Twelve Masters in Chancery, whose Office is to In∣roll Commissions, Pardons, Patents, Warrants, &c. that are passed the Great Seal. They are Attorneys for Plaintiffs and Defendants, in Causes depend∣ing

in this Court. Their Offices are at a place cal∣led Six-Clerks-Office in Chancery-Lane; they keep Commons together in Term time.

The Three Clerks of the Petty-Bag, are under the Master of the Rolls, they make all Patents, for Customers Comptrollers, all Conge••d' Estires, first Summons of Nobility, Clergy, Knights, Citizens, and Burgesses to Parliament. From the Subpoena-Office, are Issued Writs to Summon Persons to appear in Chancery. There are two Examiners who are to examin Witnesses upon upon their Oaths in any suit on both sides. The Curssiters Office is to make out Original Writs, they were antiently called Clerici de Cursu. They are in Number 24, whereof each one hath certain Counties and Cities allotted to him. They are a Corporation of themselves, &c.