82 | C H A | |
equity, judging rather by the spirit than
the letter of the laws. In case of absence,
his place upon the bench is supplied by
the Master of the rolls, who also deter-
mines causes in the same equitable man-
ner. See the article Lord Chancellor.
It is the peculiar business of this court
to rescue people out of the hands of
their oppressors, and to afford relief in
case of fraud, accidents, and breach of
trust. Besides, out of this court are is-
sued writs for parliaments, charters,
patents for sheriffs, writs of certiorari
to remove records and false judgments
in inferior courts, writs of moderata mi-
sericordia, when a person has been
amerced too high, and for a reasonable
part of goods for widows and orphans.
Here also are sealed and enrolled, trea-
ties with foreign Princes, letters patent,
commissions of appeal, oyer and termi-
ner, &c.
The manner of proceeding here is
much like that in the courts of the ci-
vil law; for the actions are by bill or
plaint; the witnesses are privately exa-
mined; there is no jury, but all the sen-
tences are given by the judge of the
court. However as it proceeds not ac-
cording to law, it is no court of record,
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and therefore binds only the person, his
lands and goods.
To this court belong twelve masters
in chancery; an accountant general; six
head clerks; sixty-two sworn clerks, who
purchase their places, and twelve waiting
clerks, whose places are given by the six
clerks, two chief examiners, with their
respective clerks; a chief and four infe-
rior registers; the clerk of the crown;
a prothonotary; clerks of the petty bag,
subpæna, patent, affidavit, cursitors, and
alienation office.
Masters in Chancery are the twelve as-
sistants of the Chancellor or Lord Keep-
er, the first of whom is Master of the
rolls, which is a place of great dignity,
and is in the gift of the King. These gen-
tlemen sit at Westminster hall, with the
Lord Chancellor, three at a time while
the term lasts, and two at a time when
the Lord Chancellor sits to hear causes
in his own house, and to them he often
refers the farther hearing of causes; he
also refers to them matters of account,
and other things of small moment; but
never the merits of the cause.
The salary of the Masters in chancery
is 100l. to each of them paid quarterly
out of the Exchequer, besides robe money.
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