ness. In the Memoranda appended to the Number of the 1847-8. present work, which was published in October last, it MEMORANDA. is stated that the Cause Book of the Vice-Chancellor State of busiof England, was said to be exhausted at the end of the month of July last-but that from peculiar circumstances which it was not expedient then to discuss, it was difficult to ascertain the real state of business in his Honour's court-that were however business allowed to proceed there as in the courts of the Master of the Rolls and the other Vice-Chancellors, it was certain that when the holidays began there would have been no arrear of any kind that for reasons sufficiently notorious, one-third of Trinity Term was entirely lost, and subsequently the waste of time exceeded even that large proportion-and that it was understood that several heavy causes had been adjourned to Michaelmas Term, and that there was a considerable arrear of motions.-Whoever may have understood, as it is there stated, that several heavy causes had been adjourned to Michaelmas Term, and that there was a considerable arrear of motions -the practitioner who noted the proceedings in the Vice-Chancellor of England's Court during Michaelmas Term, and the sittings after that Term, is aware that such understanding was correct. The numbers of matters set down for hearing in the dif ferent branches of the Court, for the sittings previous to Easter Term, and for Easter Term, are according to the printed lists, as follows:--Lord Chancellor, 35 Appeals; Master of the Rolls, 49 Rehearings, Pleas, Demurrers, Causes, Exceptions, and Further Directions; Vice-Chancellor of England, 93 Pleas, Demurrers, Causes, Exceptions, and Further Directions; Vice-Chancellor Knight Bruce, 33 Demurrers, Objections, Causes, Further Directions, and Exceptions; Vice-Chancellor Wigram, 28 Demurrers, Causes, Further Directions, and Exceptions. 1847-8. MEMORANDA. Court. Parliament met for the despatch of business on the 18th of November last, but the Lord Chancellor did not sit in the Sittings of the House of Lords for the hearing of appeals before the 10th of February. The days of his Lordship's sitting there are Mondays, Tuesdays, and Thursdays; and in Chancery, Wednesdays, Fridays, and Saturdays. The Master of the Rolls sat as a Member of the Judicial Committee of the Privy Council eleven days in the month of December, and fifteen days in the month of February. The sittings of the Court after Michaelmas Term began the 1st day of December, and continued till the 23rd day of December, both inclusive. The sittings of the Court after Hilary Term commenced the 8th of February, and continued until the 29th of March, both inclusive. Easter week falling within Easter Term, Order fixing the days on which the shall com mence and terminate. Easter week falling within Easter Term, the ensuing Order, fixing the days on which Easter Vacation shall commence and terminate, was issued under the provisions of the 8th of the General Orders of May, 1845-Friday, Easter vacation the 10th day of March, in the eleventh year of the reign of Her Majesty Queen Victoria, 1848.- Whereas by the 1st Article of the 8th of the General Orders of this Court, of the 8th day of May, 1845, it is provided that the Easter Vacation is to commence and terminate on such days as the Lord Chancellor shall every year specially direct. And whereas Easter week, or a period equal thereto, has usually been observed as a vacation in the several offices of this court; and whereas Easter week will in the present year fall within Easter Term, his Lordship doth order that the Easter Vacation for the present year do commence on Thursday the 30th day of March, instant, and terminate on Saturday the 8th day of April next, and that this order be entered with the Registrar, and set up in the several offices of this court.-R. O. Walker, Registrar. The sittings will therefore be resumed at Lincoln's Inn. Hall, on Monday the 10th day of April, being five days before the commencement of term. Form or creation of Order for transfer to a new Master in Ordinary, of 1847. Order for transfer to a new Master in causes and other matters deceased Master in Ordinary, books, papers, deeds, writings, referred to a and of all all causes and other matters referred to a deceased MEMORANDA. (a) By the 16th section of the manner of 3rd and 4th Will. IV. c. 94 [An a Master in Act for the Regulation of the Ordinary. Proceedings and Practice of cer tain Offices of the High Court In the old "Treatise of the in the time of Edward IV. this The author of the treatise gives "Nowe in the verie forme of the creation, namelie in the putting on of a cappe, there is a representation of antiquitie and mastership not unlike the usuaige amongest the Romaines, when men were made citizens of Rome. And as amongest them a cappe was the badge or token of the freedome of that citie, so in former times those were admitted into the number of the maisters and accounts concerning the causes and other matters referred to the deceased Mas ter in Ordinary. 1847. Tinney, Esq., hath this day taken the usual oaths before MEMORANDA, the Right Honourable Charles Christopher, Lord Cottenham, Lord High Chancellor of Great Britain, in like that had bene brought up and instructed in the courte from ther youthe, and that by the advisement and consent of the king's counsaile in chauncerie." In the margin of this passage it is added"It is now beste to remember that the doctors in the Universities doe use this manner in their creation, and Maister is as much as Doctor in our Universities." The Registrar's Book has perpetuated one instance of this manner of creating a Master in Ordinary, which occurred not many years before the "Treatise of the Maisters in Chauncerie" was written (it was written between May, 1596, when Sir Thomas Egerton first received the Great Seal, and July, 1603, when he was created Baron of Ellesmere). The ensuing extract from the Registrar's Book was made several years ago. Lord Campbell appears to have possessed a similar extract, and he has published part of it, observing that the ceremony of installing a Master is one which the "dancing Chancellor " must have performed with peculiar grace. Lord Campbell subsequently says, that a hat being substituted for a cap, the ceremony remained down to Lord Brougham's time. 29 Elizabeth, 16 May, 1587This present daye Richard Swale, gent., Doctor of the Cyvyle Law, was placed as a Master of the Chauncerye in Ordenarye in the room of Mr. Doctor Barkeley, deceased, who was an ordinarye Master of the Chauncerye,* by the Right Honourable Sir Christopher Hatton, Knight, Lord Chauncellor of Inglande. And his Lordship did put on the said Mr. Swale's cappe, he, Mr. Swale, *This is the Doctor Barkeley, whose indiscreet zeal deprived the Masters in Chancery of the precedence formerly, as it is said, enjoyed by them over the King's Sergeant, the Attorney-General, and the Solicitor-General. The story is told in the Treatise of the "Maisters in Chauncery." The author of that tract, after observing touching their place and dignity in respect of other officers, the same had of late years been very much and disproportionably abated, adds, that it was chiefly upon this occasion. He then proceeds thus: "Doctor Barkeley, a maister of the chauncery, in the 18th of the quene, sitting in the parliament howse as the manner is, upon occasion of speeche amongst the lords of certaine officers to have certaine priviledges, without askinge leave got up and entred into a speeche of desiringe that the maisters of the chauncerie might alsoe bee comprised in the sayed priviledge then one foote; which requeste came soe unseasonably, and was so inconsideratelie propounded by the said doctor, as the lords in generall tooke offence thereat; and amongest the rest some of great authoritie sayed, that whilest the quenes learned counsell were silent, it were great presumption in him, beinge one inferior to them, to bee soe busie: soe as upon this the next day, the serjant, atturnie, and sollicitor, tooke place above the maisters of the chauncery there, which before time had never bene donne, &c." Form of 1847. manner as such oaths have been heretofore administered (a), havinge before ben sworne for the (a) Ye shall sweare, That well VOL. II. uppon anything that toucheth the (b) The reader, who may hap- T |