between John hill a infant by John hocker his next friend plaintiff and  richard Filkin and Frances his wife John eire and vinncent bush executor of  whether Stevenson widow decease defendant and between richard Filkin and  Frances his wife plaintiff and John eire vinncent bum and John hill by his  guardian defendant Lord king decree in hill v Filkin and Filkin v hill June  from the author ms whereupon and upon long debate of the matter and hear the  say Act of parliament make the that of William entitle a Act to prevent the  growth of popery and several certificate of the plaintiff Frances Filkin have  receive the sacrament and take the oath c and of the say John hill receive the  Cooper t Cottonham sacrament and take the oath c and the proof in the cause  read and what be allege by counsel on both side his lordship see no cause to  give to the plaintiff hill any relief and do therefore order that the matter  of the say plaintiff hill bill do stand dismiss out of this court but without  cost and in the other cause his lordship do think fit and so order that it be  refer to Mr Edward to take a account of the say whether stevenson personal  estate and of the rend issue and profit of her real estate devise to the  plaintiff Frances which have come to the band of the defendant Eyre and bush  and also to take a account of the debt and legacy of the say whether Stevenson  which remain unsatisfy and to tax the defendant the trustee their cost of  these suit c and if any difficulty shall arise before the master he be to  state the same special and what debt and legacy the say master shall upon the  say account certify to remain unsatisfy it be order and decree that the same  and also the say trustee cost to be tax as aforesaid be pay out of the say  testatrixs personal estate and rend issue and profit of the say real estate  which upon the say account shall appear to have come to the hand of the say  trustee as aforesaid and if there shall be any surplus thereof after such  payment make it be order and decree that the same and also the say real estate  be convey and assign accord to the say testatrixs will and the article make  upon the marriage of the say plaintiff Filkin and his wife and whereas by the  say will there be pound give to the say John hill Payable at his age of year  and whereas the defendant the trustee have in pursuance of a order of this  court out of money in their band pay to the say plaintiff hill clerk in court  the sum of pound for carry on the say cause subject to the order of this court  it be therefore further order that the say pound be deduct out of the legacy  by the say will give to he the say John hill as pay in part thereof accord to  the report in Lucas modern report when this case be before Lord Macclesfield  he be strong of opinion for the plaintiff the heir at law but in order to  bring the matter more full before he be make a order direct some issue to be  try from that order the defendant appeal to the house of lord as have direct  issue to be try that be not warrant by the plead the house of lord set the  order aside but have the plaintiff leave amend his bill which he do and upon  this amend bill and the plead thereupon the point in law come now to be speak  to again before the Lord Cooper t Cottonham chancellor king videlicet whether  the granddaughter the defendant have conform by take c accord to the Act c  within six month after attain the age of eighteen be capable of take the  residue under this will she be about fourteen at the time of the death of the  testatrix Lord chancellor king clear and strong decree in favour of the  defendant contrary to the opinion of Lord Macclesfield there be also a report  of the hear before Lord king in the volume of select case argue and adjudge in  the high court of chancery before the late lord commissioner of the great seal  and the late Lord chancellor king from the year to by a gentleman of the  temple folio Cooper t Cottonham er p addition TO statement in note page the  chancellor be not the only judge who former receive money from person appoint  to office appertain to the administration of justice large sum be give by the  master for their place the chancellor have his share there be a passage in a  report make by a committee of the house of Commons in which it be believe be  very little know which show that the chancellor be not the only judge who  former receive money from person appoint to office appertain to the  administration of justice it be a report from the committee appoint to inquire  into the state of the gaol of the kingdom the committee state that on a new  marshal of the prison of the king bench be swear it bath be usual for he to  pay guinea to the Lord chief justice of the king bench and guinea to each of  the puisne judge of that court that Richard Mullins the present marshal when  he be swear marshal in give a purse of guinea into the hand of sir John Pratt  knight then Lord chief justice of the king bench and one other purse contain  guinea to Mr justice fortescue and the like sum to Mr justice powis and be  offer the like sum to sir Robert Raymond knight then one of the puisne judge  of that court who refuse the same say he do not know any such fee be due and  if it be not a legal fee he will not take it but that he will inform himself  of the Lord chief just and the other judge and some day after he accept the  say sum have see the Lord chief justice and the other judge of the say court  the say Richard Mullins be again swear into the say office on the that day of  January on which occasion sir Cooper t Cottonham Robert Raymond knight Lord  chief justice of the king bench and the other judge of the say bench do not  accept of any fee whatever from the say marshal that over and above these fee  or present pay by the marshal on their be swear into the say office they use  to pay every Christmas to the Lord chief justice of the king bench guinea and  to each of the puisne judge guinea until such time as the present sir Robert  Raymond come to be Lord chief justice he then generous refuse to accept of any  such present and will never receive any gratification whatsoever from the say  marshal and he be imitate in this by Mr justice Reynolds who though he accept  the ten guinea send the same by his clerk to be distribute among the prisoner  of the say prison and all the judge of the say court have now follow this  example at Christmas they all refuse to accept any present from the say  marshal that not only the marshal but the deputymarshals make present on their  admittance to the Lord chief justice of the say court Mr John morris who be  now deputymarshal make a present to the Lord chief justice holt of guinea  which as far as he remember he give to he with his own hand the sum mention in  this report be however small in comparison with those which the chancellor  receive from person appoint to mastership on the trial of Lord Macclesfield  there be evidence that he have on more than one occasion receive from a new  master on his appointment no less than pound Lord macclesfield impeachment  take place in the year we may ascribe to that event the nonacceptance by the  judge of the court of king bench of the fee upon Mullins be again swear into  office and the ultimate refusal by all the judge of the court of king bench  the other judge of the court at that time be probin and page to receive from  the marshal the Christmas present one of the resolution of the committee of  the house of Commons and which be agree to by the house be that effectual  provision shall be make to prevent the judge their clerk and servant from  receive any fee gift present or any gratuity whatsoever from the gaoler or  keeper of any prison or from any officer entrust with the custody of prisoner  or any person empower by they Mullins say in his examination that sir Robert  Raymond although after he become chief justice be always refuse the twenty  guinea yet desire he will not mention such refusal lest his successor shall  think he lessen their perquisite Cooper t Cottonham er p