570 The Court of Chancery. [JUNE, 



eery/' We find its object to have been (p. 162) That all proceed- 

 ings, touching relief in equity, to be given in that court may be with less 

 trouble, expense, and delay than heretofore ;" and that it provided, among 

 other things, " for the reduction of the number of officers and their fees, 

 the simplification of the process of Chancery, and the prevention of delay" 

 It is well that arbitrary power is rarely so well directed, or the human 

 mind would soon submit to, and become paralyzed under its dominion. 

 Cromwell, at a later period, takes great credit to himself for the reforma- 

 tion of the Chancery. If these ordinances, however, were not of a tem- 

 porary character, their operation ceased when his own stern mind no 

 longer existed to give them efficiency ; and, under the weak dictatorship 

 of his son, 110 attempt was made for their revival. On the Journals of 

 the Rump Parliament, very early appears the resolution, " That the 

 Court of Chancery be throughout reformed and regulated." " The 

 history of this fag-end of a piece of Parliament, however," says Mr. 

 Parkes (p. 178), " reveals no further information on the reform of the 

 law/' The subject, notwithstanding, continued to engross the attention 

 of the country. It gave birth to innumerable pamphlets became even 

 the theme of the pulpit ; and no less an individual than Sir M. Hale was 

 engaged in demising schemes of reform. The dusty pamphlets of their 

 opponents appear to have been ransacked to furnish other arguments, 

 by which the same system of abuse still continues to be defended. 

 Speaking of the loud and reiterated complaints which, a few years ago, 

 provoked the remedial appointment of a vice chancellor, Mr. Parkes 

 remarks (p. 355) : " Clamour and party spirit were the stale and con- 

 venient imputations on the motives of every public representation of 

 judicial grievances : and the never-failing plea of the ( antiquity of the 

 English Constitution,' supplied an argument for every abuse of long 

 standing." Speaking of the more ancient, and therefore the more vene- 

 rable opposition, he quotes a cotemporary writer to prove, (p. 187), that 

 " The old argument of antiquity was their chief weapon, and all their 

 reasoning was comprised in their title pages; their antagonists they 

 were pleased to style a parcel of c clay-pated, ignorant, green wits ; as if 

 assertions were proofs, and nick-names incontrovertible logic/' One of 

 them is too interesting to be omitted : ff It was gravely contended," 

 says our author, " that the law abuses were necessary to keep men from 

 contriving mischief in the Commonwealth." Possibly the same reason 

 still obstructs their removal. With the custody of the seals at the restora- 

 tion of Charles II., Lord Guildford appears to have been keenly sensitive 

 to the delays and expenses of the court, and having bestowed much atten- 

 tion on its practice, " did intend to have drawn up a well-considered 

 and digested set of rules and orders for a more thorough and sweeping 

 regulation of the practice, ( which had gone a great way towards purg- 

 ing out the peccant humours of the court ;' but the short period of his 

 chancellorship did not allow him sufficient time to realize his praise- 

 worthy resolves." The subject was also taken up by the Parliament. 

 " Some general bills," says Mr. Parkes (p. 227), " were brought in, at 

 different sessions of this reign, for reducing fees, abating litigious actions, 

 and other wholesome judicial reforms ; but no effective measures were 

 carried." And, again, speaking of James II., he observes (p. 246) : - 

 " The Parliamentary journals and debates reveal no projects of law 

 reform during this inactive and inglorious reign." The "disorders," 

 " delays" and " unnecessary expenses" of the Court of Chancery seem, 



