Anciently the Lord Chancellor had fometimes his ViceChancellor, commonly call'd Keeper of the Great Seal; but fince Queen Elizabeth's Time they hardly differ in any thing but Name.

The Chancellor is faid to be Keeper of the King's Confcience, to judge fecundum Equum & Bonum, according to Equity and Confcience; he is to moderate the axebody ator; the exact Rigour and Letter of the Law, whereunto other Judges are ftrictly tied.

The manner of Proceeding in this Court, is much like that in the Courts of the Civil-Law, the Actions by Bill or Plaint, the Witneffes examined in privace, the Decrees in English or Latin, not in French. No Jury of Twelve Men, but all Sentences given by the Judge of the Court.

Bakers of Chancery] The Chancellor, or Lord Keeper, hath twelve Affiftants, anciently call'd Clerici, Clerks, or Magiftri Cancellaria, because they were ufually all in Holy Orders, and Doctors of Laws; for Mafter and Doctor were anciently the fame, as at this Day a Doctor in the Arts is call'd Magister in Artibus; and fometimes they were call'd Coadjutores.

Batter of the Rolls.] The first of thefe is the Master of the Rolls; in Latin, Sacrorum Scriniorum Magifter, & Rotulorum Cuftos, five Præfectus, fo call'd from the Chapel wherein the Rolls are kept: It is a Place of great Dignity, and is in the Gift of the King, either for Life, or during Pleasure; and this Officer hath Jure Officii, the Gift of thofe confiderable Offices of the Six Clerks in Chancery, hath the keeping of the Rolls; hath all the Houfe of the Converted Jews, now call'd the Rolls, and in the abfence of the Chancellor, hears Causes there, and makes Orders, by virtue of a Commiffion, with two Mafters, and that Jure Officii.

When he fits in the Lord's Houfe in Parliament, he fits next to the Lord Chief Juftice of England, upon the fecond WoolSack.

This Court is always open, whereas all the others are shut, but only in Teim-time; fo that if any Man be wrongfully imprifon'd in the Vacation-time, out of the Term, the Lord Chancellor may grant his Writ of Habeas Corpus, and do him Juftice, according to Law: So likewife may this Court grant Prohibitions in Time of Vacation, as well as in Term-time.

The Salary of the Mafters in Chancery, is One hundred Pounds to each of them, paid out of the Exchequer quarterly, befides Robe-Money. Thefe Mafters do fit at Weftminster-Hall, with the Lord Chancellor, or Keeper, three at a time in Term-time, and two at a time out of Term, when the Lord Keeper fits to hear Caufes at his own House. And to thefe Mafters the Lord Keeper does often refer the further Hearing of many Caufes;

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they have alfo a publick Office, where one or more of them do conftantly attend to take Affidavits.

The Houfe founded at firft for the Converted Jews, was, after their Expulfion out of England, annex'd for ever to the Office of Mafter of the Rolls, where he hath the Cuftody of all Charters, Patents, Commiffions, Deeds, Recognizances, which being made up in Rolls of Parchment, gave occafion for that Name.

At prefent there are kept all the Rolls fince the beginning of Richard III. The reft are kept in the Tower of London.

In his Gift are, befides the Six Clerks Office, the Offices of the Examiners, Three Clerks of the Petty-Bag, and the Six Clerks of the Roll's Chapel, where the Rolls are kept.

Clerk of the Crown. Next is the Clerk of the Crown. This Office is of high Importance; he is either by himself, or Deputy, continually to attend the Lord Chancellor, or Lord Keeper, for fpecial Matters of State, and hath a Place in the Higher Houfe of Parliament: He makes all Writs for Election of Members of Parliament fitting in the Parliament, upon Warrant directed to him upon the Death or Removal of any Member; and alfo Commiffions of Oyer and Terminer, JailDelivery, Commiffions o Peace, and many other Commiffions diftributing Juftice to the King's Subjects: Which Office has been fometimes executed by a Deputy.

Protonotary of this Court. This Office is chiefly to expedite Commiffions for Embaffies. It is executed by a Deputy.

Clerk of the Hamper, or Hanaper, fometime ftiled Warden of the Hanaper, whofe Office is to receive all the Money due for the Seals of Charters, Patents, Commiffions 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 anciently probably with Hampers) wherein are put all fealed Charters, Patents, and the like, and then thofe Bags are delivered to the Comptroller of the Hamper.

Six Clerks, are Officers of great Account, next in Degree to the Twelve Mafters in Chancery, whofe Office is to inroll Commiffions, Pardons, Patents, Warrants, &c. that are pafs'd the Great Seal. They were anciently Clerici, and afterwards forfeited their Places if they did marry, till by Act of Parliament, inthe time of Henry VIII. they were allowed to take Wives.

They are alfo Attorneys for Plaintiffs and Defendants in Caufes depending in this Court.

Under the afore-nam'd Six Clerks, there were Sixty, now Ninety other Clerks, viz. Ten to each of the Six Clerks, and who, with their Under Clerks, difpatch the Business of that Office.

Examiners in Chancery, there are Two. Their Office is to exmine the Witnelles on their Oaths, in any Suit on both Sides.

Clerks

Clerks of the Petty Bag in Chancery, are Three. They are under the Mafter of the Rolls : Their Office is to make all Patents for Cuftomers, Comptrollers, all Congé d' Eflire's, first Summons of Nobility, Clergy, Knights, Citizens, and Burgeffes to Parliament, &c.

The Subpana Office, is to iffue out Writs to fummon Perfons to appear in Chancery.

Clerk of the Patents, or Letters-Patent, under the Great Seal of England.

The Principal Regifter of the Court of Chancery.

Clerk of the Reports, Keeper of the Old Book, and of one of the Entry-Books.

The Office for filing all Affidavits in the fame Court of Chancery, is an Office granted by Letters-Patent.

Curfitors Office in the Chancery, is to make out Orignal Writs they were anciently called Clerici Brevium de Curfu: Of these there are twenty four, whereof each one hath certain Counties and Cities allotted to him, into which they make out fuch Original Writs as are required. Thefe Clerks are a Corporation of themselves, who execute thefe Offices by themselves, or by their Deputy.

From this High Court are alfo iffued out Commiffions for Charitable Uses throughout England, where there is occafion to enquire of any Abufes or Frauds in what has been given for the Relief of Aged, Impotent, and poor People; Maintenance of Sick and Maimed Soldiers or Mariners; Schools of Learning, or Free-Schools, or Scholars in Universities: Repair of Bridges, Ports, Havens, Caufe-ways, Churches, SeaBanks, or High-ways, Education or Preferment of Orphans, Relief, Stock, or Maintenance of Houfes of Correction, Marriage of poor Maids; Supportation, Aid or Help of young Tradefmen, Handicraftsmen, or Perfons decay'd; Relief or Redemption of Prisoners or Captives.

Alienation Office.

Here is alfo an Office call'd the Alienation Office, whereun

are levied, and Recoveries fuffered, are carried to have Fines for Alienation fet and paid thereupon. This Office is executed by three Commiffioners.

In all are counted Seventy two Officers, under the Lord Chancellor, or Lord Keeper.

Thirdly,

Thirdly, Of the Court of Common-Pleas.

'HE next Court for Execution of Laws, is the Court of

ufual Pleas between Subje&t and Subject, by the Statute of Magna Charta it was ordain'd, That this Court should not be Ambulatory, but be held at a certain Place; and that hath been ever fince in Weftminster-Hall.

None but Serjeants at Law may plead in this Court; and fo many of them as the King fhall appoint, are bound by Oath to affift all that have any Caufe depending in that Court.

This Court may grant Prohibitions, as the Court of the King's-Bench doth.

The chief Judge in this Court is call'd The Lord Chief Justice of the Common Pleas, or of the Common-Bench: He holdeth his Place by Letters-Patent, quam diu fe bene gefferit; and fo doth the other inferiour Judges of this Court, whereof there are commonly Three.

In this Court all Civil Caufes, Real and Perfonal, are ufually tried, according to the ftri&t Rule of Law.

Real Actions are pleadable in no other Court, nor Fines levied, or Recoveries fuffer'd, but only at this Court at Weftminfter, at a Judge's Chamber, at the Affizes, or by fpecial Commiffion out of Chancery.

The King allows to the Lord Chief Justice of this Court a Fee, Reward, Robes, and two Tun of Wine, as is done to the Lord Chief Juftice of the other Bench; alfo to the other Judges of this Court; and to four Sergeants is allow'd Fees, Reward, and Robes to each one.

Before the Reign of Queen Mary, thefe and the reft of the Twelve Judges rode upon Mules, and not upon Horfes, or in Coaches, as they now do in great State, at the beginning of the Term.

Then there is an Officer call'd Cuftos Brevium, the first Clerk of the Court, whofe Office is to receive and keep all Writs returnable in that Court, to receive of the Protonotaries all Records of Nifi prius, call'd Poftea's. He holdeth his Place by Patent from the King, and hath the Gift of the fecond Protonotaries Place, and of the Clerk of the Juries.

There are three Protonotaries, a Word compounded of Greek and Latin, and fignifie the firft Notaries: They are chief Clerks of this Court, and by their Office are to enter and enroll all Declarations, Pleadings, (which the Filazers did formerly promifcuously do) Affizes, Judgments, and Actions; and to make out Judicial Writs, &c. for all English Counties except Monmouth. Thefe confiderable Offices are in the Hands of Three

Perfons

Perfons, in whofe Offices all the Attornies of the Court of Commen Pleas, do enter their Caufes; each of the faid Protonotaries hath a Secondary, whofe Office is to draw up the Rules of Court, and to do other Matters relating to the Business of the Court. Thefe Secondaries are commonly the ancienteft and the ableft Clerks or Attorneys of the Court. The Chirographer is an Officer who ingroffeth Fines acknowledg'd, &c. he holdeth his Place alfo by Patent.

In this Office there are feveral Clerks, who have their feveral Counties allotted them, and for which they are to ingrofs the Fines levied of Lands in their respective Divifions.

The Regifter of the Fine Office; which Office is the only proper Place for fearching for Fines, they not being perfect till they are brought thither and recorded.

A Clerk of the Proclamations.

All these Protonotaries and Chirographer afore-mention'd, fit in the Court, cover'd with black round Caps, according to the Mode immediately before the Invention of Hats, which was fince the beginning of the Reign of Queen Elizabeth. Moreover, they are all fworn, and have their Offices for Life, as a Freehold.

There are in this Court Three Officers unfworn, and hold their Places durante bene placito.

1. One Clerk of the Treafury, who hath the Charge of keeping the Records of this Court, and makes out all Records of Nifi prius, and divers other things. This Office is in the Gift of the Lord Chief Justice of this Court.

2. The Clerk of the Enrolments of Fines and Recoveries, is by Statute, under the three puifné Judges of this Court, and removable at their Pleafure. Note, That the Enrolment of the Fines and Recoveries, or any part thereof, by Stat. 23 Eliz. cap. 3, is of good Force and Validity in Law, to all Intents and Purposes, for fo much of any of them fo enroll'd, as the fame being extant and remaining, were, or ought by Law to be: The general Neglect whereof in this Kingdom hath occa-. fion'd many Law-Suits, and hath prov'd, in procefs of time, exceeding dangerous to many Mens Estates.

3. The Clerk of the Outlawries, who maketh out the Writs of Capias Urlegatum (after the Parties are return'd Outlaw'd) in the Name of the King's Attorney, whofe Deputy he is pro tempore.

There are Five Clerks or Officers more.

1. Clerk of the King's Silver, unto whom every Fine or Final Agreement upon Sale of Land is brought, after it hath been with the Cuftos Brevium, and who makes an Entry of what Money is to be paid for the King's ufe, executed by a Deputy.

2. Clerk