tions thereon. We fee no great Matter in Dr. Fiddes's Some Reflec long supposititious Disquisition on the Cardinal's kneeling in the Dirt, &c. (See p. 472, in his Life of the Cardinal) no more than in Mr. Salmon's Obfervations on the Doctor, in his History of Henry the VIIIth. Though we cannot suppose he was really in 6 6 6 created Earl of Macclesfield; be- and fined 30,000%. which he ing allowed by all a Nobleman paid; and the Money, by his late of great Abilities. Whilst his Majesty K. George the Ift's DirecLordship prefided in this Court tion, was applied towards making it was discovered that much of the good the Deficiency occafioned Suitors Money was misapplied, in- by the Officers Infolvency. Howfomuch that some of the Officers, ever, we cannot omit here to give as it afterwards appeared, were Mr. Collins's Character of his unable to make good the Sums. Lordship; The Earl, as a Hufcommitted to their Trust by the band, a Parent, and a Master, Court; though often brought there, was truly beloved by every one not by the Choice of the Parties con- • who stood in those Relations tocerned, but by the Compulsion of the *wards him. His Speeches on Court, under the Pretext of better publick Affairs, and in his juSecurity. + This drew on an In-dicial Capacity, shewed both quiry first before the King and Council, next in the Honourable Houfe of Commons, which produced an Impeachment against the noble Earl; and, to encourage fuch of the Masters in Chancery, who had purchased ‡ their Offices, to make a Discovery touching what they had paid for the fame, an Act passed to indemnify them from the Forfeitures incurred by the Statute made in Edward the VIth's Time. In short, the Earl was tried at the Bar of the House of Lords, upon the Impeachment, found guilty, 6 • his Learning and Eloquence, ' and be favoured all Designs tending to the Advancement of Learning. No Man served his Friends more readily, and chearfully; ' and they found in him a most agreeable, innocent, and in'structive Companion. He was a fincere and faithful Member of the Church of England, con' stantly frequenting its Affem⚫ blies, and joining in all its Of'fices with a just Sense of Reli'gion, and an exemplary Piety. • To those Supports it was owing, that, when he apprehended the Ap + See the Speech of the Right Hon. Arthur Onslow, Esq; on the Trial of the Earl of Macclesfield. † See the faid Trial. in the Dirt, or on his Knees, scarce two Minutes, what a Pother have Bishop Burnet, Rapin, and others, made about it, and at last settled nothing. And suppofe MEMOIRS of the LORD CHANCELLORS, &c. Approach of Death, he prepared himself for it with as • much Calmness and Compo• sure as for a Journey: And, • having received the holy Com• munion, in the Company of his Relations, Friends, and Servants, he took his last Farewel of them serious and unmoved; setting them a Pattern of dying, as he had always done of liv • ing, like a true Christian. Upon his Lordship's Death he was succeeded in Honour and Estate by his Son the present Right Hon. George Earl of Macclesfield. Upon the E. of Macclef$725. field's resigning the Great Seal it was, in Jan. committed to the Care of Sir Joseph Jekyll, Mr. Juftice Raymond, and Mr. Baron Gilbert, with the Title of Lords Commissioners. Their Lordships, as was consistent to the great Trust, immediately set about reforming the Abuses that had crept into this Court, and the Masters in Chancery chearfully assisted their Lordships in this useful Work, and readily obeyed such Orders as were thought requifite for the better fecuring the Suitors Money and Effects, particularly one, bearing Date the 26th of May, 1725, whereby their Lordships ordered, That all the Moneys, Securities, &c. belonging to the Suitors of the Court, in the Hands of the Masters, should be carried into the Bank; and that the Ma 'sters should forthwith pass and settle their Accounts. Whereby it foon appeared, if some further Provision was not made, for the Relief of the Suitors, befides the 30,000/. paid by the Earl of Macclesfield, many of them would be greatly reduced, who were Widows and Orphans, and in some Cafes their All depending; which might bring the Dignity of the Court into Disesteem, if not a a Reproach on the Conftitution. This put the Parliament upon taking the Matter into their ferious Confideration, which had this Issue, an Act passed, 12 George I. entitled, An Act for the Relief of the Suitars of the Court of Chancery. June the 21st, the Great Seal was committed 1725. to Lord Chief Justice King, with the Title of Lord Chancellor; who, on the 4th of Nov. made an Order greatly for the Benefit of the Suitors of the Court, and foon afterwards an Act passed, 12 Gea. I. entitled, An Act for the better fecuring the Moneys and Effects of the Suitors of the Court of Chancery; wherein the Order made by his Lordship was verbatim fet forth and confirmed. The Provifions which the Parliament made for the Relief of the unhappy Suitors were fuch as intirely answered the End proposed, and gave universal Content to the Nation in general; and for their further Ease an Act lately pose it were determinable, which we do not see it is, whether he was religiously respectful to the King as the Lord's Anointed, or fond of being again carreffed from CARDINAL WOLSEY's Time. lately passed, to exempt the Sui tors from paying the Accomptant General Fees on his Reports, for bringing their Moneys, &c. into the Bank, or receiving them therefrom, pursuant to such Orders as the Court should make from time to time. During the Time his Lordship presided in this Court a Dispute arose, Whether the Master of the Rolls had a Judicial Authority to bear Causes in the Absence of the Lord Chancellor, without a Commiffion? This Matter was introduced to the Publick in a Book printed in Trinity Term, 1726, under the Title of The History of the Chancery, wherein the Au thor afferts, That his Honour • could not hear Causes in Court • without a Delagation from the * Chancellor, unless by Commif• fion. An Answer to this was published, entitled, A Discourse of the Judicial Authority belonging to the Office of the Master of • the Rolls; wherein the Author affirms, That the Master of the • Rolls could hear Caufes, and • make Orders in Chancery, by • Virtue of his Office, without any special Commission: And, in Support of his Argument, sets forth many Cafes. This produced another Piece by way of Reply, faid to be wrote by one of the Masters of the Court, entitled, The Legal Judicature in Chancery stated; and herein the Gentleman, among other Mat 6 6 by Vir ters, endeavours to prove, That all Orders and Decrees made ' by the then present Master of the • Rolls, or any of his Predecef 'fors, or any thereafter to be ' made by the said Master of the Rolls, or any of his Successors, (except such Orders and Decrees 6 6 as should be made only by the • Lord Chancellor, &c.) shall 'be deemed and taken to be va• lid Orders by the faid Court, subject nevertheless to be dif'charged, revoked, or altered by the Lord Chancellor, &c. • And that no such Order or Decree should be inrolled, till the • same be first signed by the Lord Chancellor, &. Pp2 6 Lord ressed by his ungrateful Master, or rejoiced with the Thoughts of his Troubles being at an End, what great Personage is there that may not easily drop into MEMOIRS of the LORD CHANCELLORS, &c. Lord King held the Seal until the Year 1733, and died the 22d of July, 1734. The Inscription on the the Monument erected to his Memory relates these further Particulars of his Lordship. He was born in the City of Exeter of worthy and fubftantial Parents: But with a Genius greatly superior to his Birth. He applied himself to his Studies in the Inner TEMPLE; Added the most extensive Learning, Theological and Civil. He was chosen a Member of the House of Commons in the Year 1699; Recorder of the City of London, in the Year 1708; Made Lord Chief Justice of the Common Pleas, 1714; On the Acceffion of King GEORGE I. Created Lord KING, Baron of OCKHAM; And raised to the Poft and Dignity of Lord High Chancellor of GREAT BRITAIN, 1725. Under the Labour and Fatigues of which weighty Place, Sinking under a paralytick Disease, he resigned it, Nov. 29th, 1733. And died, July 22, 1734, Aged 65. A FRIEND TO TRUE RELIGION AND LIBERTY. He was succeeded in his Honour and Estate by the present Right Hon. John Lord King, his eldest Son. Nov. the 29th, the Seal 1733- was delivered to the great Ld. Talbot, with the Title of Lord Chancellor. During his Time two different Pieces, besides those we have mentioned, were published, relating to the Original of this Court; the one in the Year 1735, entitled, An Historical Effay of the Jurisdiction of the Court of Chancery, with fome Incidents of the o ther Courts; the other, The Jurifdiction of the Chancery, as a Court of Equity, researched. The last Author, after he has spoke of the Original of the Court, and the Acts of Parliament, as he thinks, that established it, says, 'It may ' be affured and concluded, that ' the Root and Original Autho rity of the Chancery, as a Court ' of Equity, is not occult; nor, ' like the Head of the Nile, undiscoverable; nor is founded on the like Extasy on experiencing such a Turn of Fortune as he had done. Why may not the Reader judge for himself after the Facts are fairly related, without so much Preaching about them? But, 6 from CARDINAL any unwritten Law or Custom, but on Acts of Parliament.' Lord Talbot held the Great Seal to his Death, whose Character we cannot better sum up than in Mr. Collins's Words, in his British Peerage: • In his • judicial Capacity he shewed his great Learning and Knowledge • of the Law, with an unbiassed Integrity; and none in his Sta⚫tion was ever more esteemed ' whilst living, or died more universally lamented. He behaved ' with the greatest Honour in every Act of Life, being Mafter of all those Virtues that • make a great and good Man confpicuous.' His Lordship's Dignity and Estate descended to the Right Hon. William Talbot, his fecond Son. 6 6 Upon the 21st of Feb. 1736. his Lordship was succeed ed by the present Right Hon. Philip Lord Hardwicke, with the like Title of Lord High Chancellor, who has particularly distinguished himself in supporting the Liberty of the Press, by protecting the legal Right to Copies. A recent Instance we have of his Lordship's (together with the Advice and Assistance of the Right Honourable William Fortescue, Efq; WOLSEY's Time. Master of the Rolls, and the rest of the Hon. Commissioners appointed for that Purpose) well governing the Court of Chancery, and their tender Regard to the Rights of the Suitors thereof, by the printed Orders and Tables of Fees, throughout the respective Offices, published in January 1743. To conclude, it is evident, that Cardinal Wolsey's Conduct and Behaviour in the high Office of Lord Chancellor, were the Cause of greatly raising the Reputation of the Chancery; and that by the Legislature's interpofing, and the good Orders and Regulations made of late Years in the Proceedings of this Court, for the Ease of the Suitors, are such, that the Properties lodged therein were never so well secured and taken care of fince Cardinal Wolfey's Time: And the whole Nation cannot but acknowledge, that we are much indebted to the late and present Chancellor for several of the Benefits now enjoyed, whose great Abilities and faithful Discharge of this important Truft, as Keepers of the King's Confcience, will be the Means, we make no doubt, of transfering their Names to Posterity with the highest Regard. Here |