The works of Francis Bacon, lord chancellor of England.

472 SPEECH ON TAKING HIS PLACE IN CHANCERY.
which was speedy justice. ",Bis dat, qui citoe plainant enter into good bond to prove his sugdat." gestion: so that if he will be relieved against a
The fourth was, that justice might pass with as judgment at common law upon matter of equity,
easy charge as might be; and that those same he shall do it ", tanquam in vinculis," at his peril.
brambles, that grow about justice, of needless The third point of excess may be ti.e overcharge and expense, and all manner of exactions, frequent and facile granting of injunctions for the
might be rooted out so far as might be. staying of the common laws, or the altering of
These commandments, my lords, are righteous, possessions; wherein these shall be my rules.
and, as I may term them, sacred; and, therefore, I will grant no injunction merely upon priority
to use a sacred form, I pray God bless the king of suit; that is to say, because this court was
for his great care over the justice of the land, and first possessed: a thing that was well reformed in
give me, his poor servant, grace and power to the late lord chancellor's time, but usual in the
observe his precepts. Chancellor Bromley's time; insomuch, as I reNow, for a beginning towards it, I have set member, that Mr. Dalton, the counsellor at law,
down and applied particular orders to-day out of put a pasquil upon the court in nature of a bill;
these four general heads. for seeing it was no more but, My lord, the bill
For the excess or tumour of this Court of Chan- came in on Monday. and the arrest at common
cery, I shall divide it into five natures. law was on Tuesday, I pray the injunction upon
The first is, when the court doth embrace and priority of suit: he caused his client that had a
retain causes, both in matter and circumstance loose debtor, to put his bill into the chancery
merely determinable and fit for the common law; before the bond due to him was forfeited, to desire
for, my lords, the chancery is ordained to supply an order that he might have his money at the day,
the law, and not to subvert the law. Now, to because he would be sure to be before the other.
describe unto you or delineate what those causes I do not mean to make it a matter of a horseare that are fit for the court, or not fit for the court, race who shall be first at Westminister-hall.
were too long a lecture. But I will tell you what Neither will I grant an injunction upon matter
remedy I have prepared. I will keep the keys of contained in the bill only, be it never so smooth
the court myself, and will never refer any demur- and specious; but upon matter confessed in the
rer or plea, tending to discharge or dismiss the defendant's answer, or matter pregnant in writing,
court of the cause, to any master of the chancery, or of record; or upon contempt of the defendant
but judge of it myself, or at least the master of in not appearing, or not answering, or trifling with
the rolls. Nay, farther, I will appoint regularly, the court by insufficient answering. For then it
that on the Tuesday of every week, which is the may be thought that the defendant stands out
day of orders, first to hear motions of that nature upon purposes to get the start at the common law,
before any other, that the subject may have his and so to take advantage of his own contempt;
"4 vale" at first without attending, and that the which may not be suffered.
court do not keep and accumulate a miscellany As for injunctions for possession, I shall mainand confusion of causes of all natures. tain possessions as they were at the time of the
The second point concerneth the time of the bill exhibited; and for the space of a year at the
complaint, and the late comers into the chancery; least before, except the possession were gotten by
which stay till a judgment be passed against force or any trick.
them at the common law, and then complain: Neither will I alter possession upon interlocuwherein your lordships may have heard a great tory orders, until a decree; except upon matter
rattle and a noise of a "cpraemunire," and I can- plainly confessed in the defendant's answer, joined
not tell what. But that question the king hath also with a plain disability and insolvency in the
settled according to the ancient precedents in all defendant to answer the profits.
times continued. And this I will say, that the As for taking of possession away in respect of
opinion, not to relieve any case after judgment, contemnpts, I will have all the process of the court
would be a guilty opinion; guilty of the ruin, spent first, and a sequestration of the profits before
and naufrage, and perishing of infinite subjects: I come to an injunction.
and as the king found it well out, why should a The fourth point is concerning the communicatman fly into the chancery before he be hurt t ing of the authority of the chancellor too far; and
The whole need not the physician, but the sick. making, upon the matter, too many chancellors,
But, my lords, the power would be preserved, by relying too much upon the reports of the masbut the practice would be moderate. My rule ters of the chancery as concludent. I know, my
shall be, therefore, that in case of complaints after lords, the masters of the chancery are reverend
judgment, except the judgments be upon " nihil men; and the great mass of the business of the
dicit," and cases which are but disguises of judg- court cannot be sped without them; and it is a
nent, as that they be judgments obtained in con- thing the chancellor may soon fall into for his own
tempt of a preceding order in this court, yea, and ease, to rely too much upon them. But the course
after verdicts also, I will have the party comrn- that I will take generally shall be this; I will