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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A39243 The priviledges and prerogatives of the High Court of Chancery written by ... Thomas Lord Elsmere ... Egerton, Thomas, Sir, 1540?-1617. 1641 (1641) Wing E540; ESTC R11911 11,675 26

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or any other execution within or without that they c. shal forfit c. and to be put out of the Kings protection be attached c. and sue in processe of Premunire c. And against others which sue in other courts in derogation of the Kings royaltie By this it appeareth plainely that the Pope and Court of Rome continued still and proceeded further in their exorbitant usurpatiou upon the Crowne and Kings Royaltie and the common Lawes of the Kingdome So this Parliament endavoured to meete with and stand with the same namely in the particular cases which are specially mentioned viz. Concerning Iudgements given in the Kings Court in these pleas and cases and in translating of Prelates c. and in other cases attempted against the Kings Crowne and Regality But it is manifest that the intent and the scope and drift of the Parliament was onely against the Pope and Court of Rome and against those persons that persue any such Translations processe c. or other things which touch the King or against his Crown or Regality or his Realme as is aforesaid and which being notifie or execute the same within the Realme or without these be offenders which the Parliament had cause and meant to punish and it is strange and improbable that any learned Iudge of the Common Laws of England should stretch or extend the words of this Statute further then only against the usurped authority of the Pope and Church of Rome But it seemeth that some that take pleasure ludere in vorbis dormitare in sensibus and to dispute de apicibus juris equi boni ratione praetermissâ and to professe learning peritiâ literali non intelligentiâ spirituali And so are contented verba legis tenere vim legis ignorare have gone about to presse and straine the word of this Statute not onely against the Pope and Church of Rome but also against the Kings owne High Court of Chancery and other his Majesties Courts of Equitie in England grounding their opinion and conceit upon these words of the Statute If any purchase in the Court of Rome or else where any such Translations or processes or other things which touch the King And for the better understanding hereof it is to bee remembred that the Pope Court of Rome kept their Seiges and Court not at Rome onely but sometimes at Avignion sometimes at other places and divers Antipopes beeing at one and the selfe same time kept their severall seiges and Courts at severall places and yet each of them challenged and pretended to have supreame jurisdiction power and authority over and above the King and his Crown regality in the cases before remēbred And therefore it was requisite and necessarie for the King and the Parliament to withstand and provide remedy against the same And that is the true and right understanding of Ou Aylors For it is too absurd to say or imagine that the King or Parliament meant to extend the same against the Kings owne Courts of equity in England which dirived their authority and jurisdiction from him onely and heard and determined as his substitutes according to equity and conscience such cases as the Iudges of the common Law could not by the strict rules of the Common law Iudge determine These Courts and the Iudges Ministers therof the King had power to suppesse altar and punish at his pleasure and therefore against these the Lords Temporall and Commons needed not to engage themselves to stand with the King and the Crowne and to live and dye Nor the Lords Spirituall Clergie to promise to stand with the King as they were bound by their alleageance with their Cautious protestations for the ordinarie legall iuditiall proceedings the Chancery and Courts of equity according to conscience The King nor his Crowne nor Regality nor the Common Law were not in any danger but the danger was by the ambitious usurpation of the Pope and the Church of Rome and by the proceedings in the Courts holden by that usurped authority and therefore against them the Parliament provide this Statute following the example of the former Parliament 25. Ed. 3. 27. Ed. 3. and 38. Ed. 3. and those be the Courts which this Parliament the Parliament Anno 27. Ed. 3. cap. 1. noted to bee in derogation of the Kings regalitie and destruction of the Common Law but not the Kings owne Courts of equity and Conscience And for the further clearing of this doubt if it be worthy to be made a doubt how these words ou Ayllors shall be understood in the 5. Ed. 4. there is this note Nota que le statute de premunire est in Curiâ Romanâ Vel alibi lequel alibi est intendue en les Courtes del evesques illmit que sihome soite excompe en court del evesques perchose que appent all Royall Maiestie ses shose alcomen lep il aur premunire issent adiudge fith abridging that case saith that 11. Hen. 7. the opinion of the Court was so which he himselfe heard By which it appeareth that the Iudges did then understand the proceedings by the Bishops in the Spirituall Courts which was by authority derived from the Pope and Church of Rome was onely meant by the word vel alibi But not the procedings in the Kings owne Court of Chancery by authority derived from him onely in cases of equity and Conscience not remediable otherwise for that were to set the King against himselfe which is too inconvenient and absurd FINIS Bodm lib. 3. Cap. 6. p. 425 Bodm lib. 3. Cap. 6. p. 425. Mag. Chart. Cap. 9. Stat. 25. Ed. 3. Cap. 4. Stat. 28. Ed. 3. Cap. 3. Stat. 2. Ed. 3. Cap. 8. Stat. 14. Ed. 3. Cap. 14. Stat. 42. Ed. 3. cap. 3. Stat. 4. Hen. 4. Cap. 23. Vn Stat. 29. Ed. 3. cap. 1. In Casus 192. in quae vel novi lib. pradict. Cap. Bracton lib. 2. fol. 34. cap. 16. 22. Edw. 3. King Iames Bracton lib. 1. fol. 34. cap. 16. Leo Epist. 67. 94. Stat. 25. Ed. 3. Cap. 22. Note Anno 25. Edwad 3. Stat. 27. Ed. 3. Cap. 1. Stat. 16. Ric. 2. Cap. 5. An. 5. Ed. 4. 6. 9. Premunire