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94. Upon suit for the commission of sewers, the names of those that are desired to be commissioners are to be presented to the lord chancellor in writing; then his lordship will send the names of some privy counsellor, lieutenant of the shire, or justices of assize, being resident in the parts for which the commission is prayed, to consider of them, that they be not put in for private respects; and upon the return of such opinion, his lordship will give farther order for the commission to pass.
95. No new commission of sewers shall be granted while the first is in force, except it be upon discovery of abuse or fault in the first commissioners, or otherwise upon some great or weighty ground.
96. No commission of bankrupt shall be granted but upon petition first exhibited to the lord chancellor, together with names presented, of which his lordship will take consideration, and always mingle some learned in the law with the rest; yet so as care be taken that the same parties be not too often used in commissions; and likewise care is to be taken that bond with good surety be entered into, in 2001. at least, to prove him a bankrupt.
97. No commission of delegates in any cause of weight shall be awarded, but upon petition preferred to the lord chancellor, who will name the commissioners himself, to the end they may be
of convenient quality, having regard to the weight of the cause, and the dignity of the court from whence the appeal is.
98. Any man shall be admitted to defend “ in
forma pauperis," upon oath, but for plaintiffs they are ordinarily to be referred to the court of requests, or to the provincial councils, if the case arise in those jurisdictions, or to some gentlemen in the country, except it be in some special cases of commisseration, or potency of the adverse party.
99. Licences to collect for losses by fire or water are not to be granted, but upon good certificate; and not for decays of suretyship or debt, or any other casualties whatsoever; and they are rarely to be renewed; and they are to be directed ever unto the county where the loss did arise, if it were by fire, and the counties that abut upon it, as the case shall require; and if it were by sea, then unto the county where the port is, from whence the ship went, and to some sea-counties adjoining.
100. No exemplification shall be made of letters patents, “ inter alia,” with omission of the general words; nor of records made void or cancelled; nor of the decrees of this court not inrolled; nor of depositions by parcel and fractions, omitting the residue of the depositions in court, to which the hand of the examiner is not subscribed; nor of records of the court not being inrolled or filed; nor of records of any other court, before the same be duly certified to this court, and orderly filed here; nor of any records upon the sight and examination of any copy in
paper, but upon sight and examination of the original.
101. And because time and experience may dis
cover some of these rules to be inconvenient, and some other to be fit to be added; therefore his lordship intendeth in any such case from time to time to publish any such revocations or additions.
AN EXPOSTULATION TO THE LORD CHIEF
MY VERY GOOD LORD, Though it be true, that “ he who considereth the wind and the rain, shall neither sow nor reap;" yet “ there is a season for every action, and so “there is a time to speak, and a time to keep silenee." There is a time when the words of a poor simple man may profit; and that poor man in “ The Preacher," which delivered the city by his wisdom, found that without this opportunity the owner both of wisdom and eloquence lose but their labour, and cannot charm the deaf adder. God therefore, before his Son that bringeth mercy, sent his servant the trumpeter of repentance to level every high hill, to prepare the way before him, making it smooth and straight: and as it is in spiritual things, where Christ never comes before his way-maker hath laid even the heart with sorrow and repentance, since self-conceited and proud persons think themselves too good and too wise to learn of their inferiors, and therefore need not the physician, so in the rules of earthly wisdom, it is not possible for nature to attain any mediocrity of perfection, before she be humbled by knowing herself and her own ignorance. Not only knowledge, but also every other gift, which we call the gifts of fortune, have power to puff up earth: afflictions only level these mole-hills of pride, plough the heart, and make it fit for wisdom to sow her seed, and for grace to bring forth her increase. Happy is that man therefore, both in regard of heavenly and earthly wisdom, that is thus wounded to be cured, thus broken to be made straight; thus made acquainted with his own imperfections that he may be perfected.
Supposing this to be the time of your affliction, that which I have propounded to myself is, by taking this seasonable advantage, like a true friend, though far unworthy to be counted so, to shew you your true shape in a glass ; and that not in a false one to flatter you, nor yet in one that should make you seem worse than you are, and so offend you ; but in one made by the reflection of your own words and actions ; from whose light proceeds the voice of the people, which is often not unfitly called the voice of God. But therein, since I have purposed a truth, I must intreat liberty to be plain, a liberty that at this time I know not whether or no I
may use safely, I am sure at other times I could not; yet of this resolve yourself, it proceedeth from love and a true desire to do you good; that you knowing the general opinion, may not altogether neglect or contemn it, but mend what you find amiss in yourself, and retain what your judgment shall approve ; for to this end shall truth be delivered as naked as if yourself were to be anatomised by the hand of opinion. All men can see their own profit, that part of the wallet hangs before. A true friend (whose worthy office I would perform, since, I fear, both yourself and all great men want such, being themselves true friends to few or none) is first to shew the other, and which is from your eyes. First therefore behold your errors.
In discourse you delight to speak too much, not to hear other men; this, some say, becomes a pleader not a judge; for by this sometimes your affections are entangled with a love of your own arguments, though they be the weaker; and rejecting of those, which, when your affections were settled, your own judgment would allow for strongest. Thus, while you speak in your own element, the law, no man ordinarily equals you; but when you wander, as you often delight to do, you wander indeed, and give never such satisfaction as the curious time requires. This is not caused by any natural defect, but first for want of election, when you having a large and fruitful mind, should not so much labour what to speak, as to find what to leave unspoken : rich soils are often to be weeded.
Secondly, You cloy your auditory when you would be observed;, speech must be either sweet or short.
Thirdly, You converse with books, not men, and books especially human; and have no excellent choice with men, who are the best books.: for a