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debts; and the more fresh and late debts shall be either more negligently called upon, or over-easily discharged, or over-indulgently stalled : or if the number of informations be many, and the King's part or fines for compositions a trifle ; or if there be much ado to get the King new land upon concealments, and that which he hath already be not known and surveyed, nor the woods preserved, (I could put you many other cases,) this falls within that which I term the sick estate of the exchequer: and this is that which makes every man ready with their undertakings and their projects to disturb the ancient frame of the exchequer; than the which, I am persuaded, there is not a better, this being the burden of the song : That much goeth out of the subject's purse, and little cometh to the king's purse. Therefore, give them not that advantage so to say. Sure I am, that besides your own associates, the barons, you serve with two superior great officers, that have honourable and true ends, and desire to serve the King and right the subject.
There resteth, that I deliver you your patent.
HIS LORDSHIP'S SPEECH IN THE COMMON-PLEAS,
TO JUSTICE HUTTON, WHEN HE WAS
THE COMMON PLEAS.
MR. SERJEANT HUTTON, The King's most excellent majesty, being duly informed of your learning, integrity, discretion, experience, means, and reputation in your country, hath thought fit not to leave you these talents to be employed upon yourself only, but to call you to serve himself, and his people, in the place of one of his justices of the court of common-pleas.
This court where you are to serve, is the local centre and heart of the laws of this realm : here the subject hath his assurance by fines and recoveries ; here he hath his fixed and invariable remedies by
præcipes” and writs of right ; here justice opens not by a by-gate of privilege, but by the great gate of the King's original writs out of the chancery. Here issues process of outlawry; if men will not answer law in this centre of law, they shall be cast out. And therefore it is
means, with your wisdom and fortitude, to maintain the laws of the realm : wherein, nevertheless, I would not have you head-strong, but heart-strong; and to weigh and remember with yourself, that the twelve judges of
you, by all
the realm are as the twelve lions under Solomon's throne : they must shew their stoutness in elevating and bearing up the throne. To represent unto you the lines and portraitures of a good judge :
1. The first is, that you should drawyour learning out of your books, not out of your brain. 2. That you should mix well the freedom of
your own opinion with the reverence of the opinion of your fellows.
3. That you should continue the studying of your books, and not to spend on up on the old stock.
4. That you should fear no man's face, and yet not turn stoutness into bravery.
5. That you should be truly impartial, and not so as men may see affection through fine carriage.
6. That you should be a light to jurors to open their eyes,
but not a guide to lead them by the noses. 7. That you affect not the opinion of pregnancy and expedition by an impatient and catching hearing of the counsellors at the bar.
8. That your speech be with gravity, as one of the sages of the law; and not talkative, nor with impertinent flying out to shew learning.
9. That your hands, and the hands of your hands, I mean those about you, be clean, and uncorrupt from gifts, from meddling in titles, and from serving of turns, be they of great ones or small ones.
10. That you contain the jurisdiction of the court within the ancient merestones, without removing the mark.
11. Lastly, That you carry such a hand over your ministers and clerks, as that they may rather be in awe of you, than presume upon you.
These and the like points of the duty of a judge, I forbear to enlarge ; for the longer I have lived with you, the shorter shall my speech be to you ; knowing that you come so furnished and prepared with these good virtues, as whatsoever I shall say cannot be new unto you; and therefore I will say no more unto you at this time, but deliver you your patent.
ORDINANCES MADE BY THE LORD CHANCELLOR
BACON, FOR THE BETTER AND MORE REGULAR ADMINISTRATION OF JUSTICE IN THE
CHANCERY, TO BE DAILY OBSERVED, SAVING THE PREROGATIVE OF THE COURT.
No decree shall be reversed, altered, or explained, being once under the great seal, but upon bill of review : and no bill of review shall be admitted, except it contain either error in law, appearing in the body of the decree, without farther examination of matters in fact, or some new matter which hath risen in time after the decree, and not any new proof which might have been used when the decree was made : nevertheless upon new proof, that is come to light after the decree made, and could not possibly have been used at the time when the decree passed, a bill of review may be grounded by the special license of the court, and not otherwise.
2. In case of miscasting, being a matter demonstrative, a decree may be explained, and reconciled by an order without a bill of review; not understanding, by miscasting, any pretended misrating or misvaluing, but only error in the auditing or numbering.
3. No bill of review shall be admitted, or any other new bill, to change matter decreed, except the decree be first obeyed and performed : as, if it be for