Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	bishop_n	king_n	place_n	2,822	5	4.2630	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26141	An enquiry into the jurisdiction of the Chancery in causes of equity ... humbly submitted to the consideration of the House of Lords, to whom it belongeth to keep the inferiour courts within their bounds / by Sir Robert Atkyns, Knight ... ; to which is added, The case of the said Sir Robert Atkyns upon his appeal against a decree obtained by Mrs. Elizabeth Took and others, plaintiffs in Chancery, about a separate maintenance of 200£ per annum, &c.	Atkyns, Robert, Sir, 1621-1709.	1695 (1695)	Wing A4137; ESTC R16409	49,475	54

Statutes were made but to no very great purpose for means were found out to evade them At last came forth the Stat. of 27 H. 8. cap. 10. and this undertook and plainly so intended to pluck up this unwholsome Weed by the Roots Which good Law first reciting the excellent quiet and repose that Men's Estates had by the wholsome Rules of the Common Law but cunning Men had sought out new Inventions by fraudulent Feofments and Conveyances craftily made to secret Uses and Trusts to the utter subversion of the ancient Common Laws of this Realm as the Preamble speaks for the utter EXTIRPATING and EXTINGUISHMENT of all such subtil practis'd Feofments Abuses and Errors It is Enacted That the Possession of the Land shall be in him that hath the Use and that he shall have the like Estate in the Land as he had in the Use. How strangely hath all this good Intention Pains and Care been made of little or no effect and the mischiefs still continued by a distinction invested between Trusts and Uses directly against the often repeated Clauses and manifest plain meaning and express words of this good Act For thô the Judges of the Common Law were now by this Act to judge of Uses which before was the work of the Chancery they being now converted by this Act into Estates at Law Yet some Men perfectly to elude this good Act have confidently maintain'd asserted and allow'd a distinction between an Use and a Trust. And thô they are content because they cannot help it that the Judges of the Common Law may determine of Uses the Courts of Equity shall hold a Jurisdiction in matters of Trust. And most of the great Estates in England have by colour of this fallen under their determination and controulment and now have a dependence upon a Jurisdiction of Equity Whereas Were there the least colour left by that Act of 27. H. 8. for any distinction between an Use and a Trust as most certainly and plainly there is none yet as certainly and clearly that Act of Parliament meant to extirpate those Trusts as well as Uses as any ordinary Capacity well perusing that Statute to this purpose may easily perceive I humbly and heartily beg that favour of every Lord to read over deliberately this Stat. of 27 H. 8. cap. 10. for this very purpose for it will plainly discover this gross abuse As to the length of time wherein such a Power and Jurisdiction of Equity hath been exercised in the Chancery yet it plainly appears not to be grounded upon Prescription the Original being known and not so very ancient neither and modest too and moderate at first as most such are in the beginning and having from the first starting of it been hunted and pursued with full Cry and upon a fresh Scent and in view and having hardly any Colour of an Act of Parliament That length of time were it much longer would be no Plea for it See Dr. Barrow in his Treatise of the Pope's Supremacy pag. 154. He that has no right says he to the thing that he possesses cannot plead any length of time to make his possession lawful King Henry VIII by Acts of Parliament restored the Regal Ecclesiastical Sovereignty after it had been usurp'd upon by the Popes and their Prelates near 400 years that is from the time of William the Conquerour For then began their Encroachment And the Act of Parliament of 1 E. 6. C. 2. Sect. 3. calls it a power that had been Usurp'd by the Bishop of Rome contrary to the Form and Order of the Common Law used in this Realm in high derogation to the King 's Royal Prerogative from whence we may observe That Usurping upon the Common Law and Usurping upon the King's Prerogative go together The Bishops Courts here in England took their Original from a Charter of William the Conquerour so that this Jurisdiction was a great Limb lopp'd off from the Primitive Common Law of England For before that Charter of King William Ecclesiastical Causes were determin'd in the Hundred Court and not by Witnesses only and not by the Canon Law but by the Law of the Countrey But this Charter was made by advice of the Arch-Bishops Bishops Abbots Princes and Temporal Lords See Fox his Acts and Monuments Vol. 〈◊〉 Lib. 4. pag. 2●… says Mr. P●…inn in his first Tome of his Vindication of the Supream Ecclesiastical Jurisdiction of our English Kings The Charter it self says he recites that it was done Communi Concilio for which he cites Seldeni ad Eadmerum Notae pag. 167 168. So that still the old Common Law of England hath been upon the losing hand The Civilians hold that Possessor malae fidei ullo tempore non praescribit yet I heartily concur with that Reverend Chief Justice Sir Edw. Coke a most true and hearty lover of his Countrey and an high honour to and honourer of the Profession of the Common Law in his 4 Instit. 246. at the end of that folio in Respect says that Good and Great Man that this Court of Equity hath had some continuance and many Decrees made by it it were worthy of the Wisdom of a Parliament for some Establishment to be had therein and to this intent have I chiefly used this freedom for I never loved Quiet a movere but in order to a better Security And for that end I chuse to make this Humble Address to the House of Lords It is the House of Lords who are theSupreme Court of Justice that can set the true and legal Bounds and Limits to the Jurisdiction of Inferiour Courts and can say to the biggest of them Hitherto shalt thou come and no further and here shall thy proud waves be stayed And such their Judicial Declarations are not to be controul'd by any but the Legislative Power Almighty God gave a strict charge to his own chosen People of Israel to observe those Ordinances and Laws which he gave them by Moses which were very particular and wherein nothing was left to the Discretion of the Magistrate nor had the Magistrate any Latitude whereby he could depart from the plain and common sence and Judge Secundum Aequum Bonum Arbitrarily But they were commanded Deut. 4. 2. Yee shall put nothing to the word which I command you says God by Moses neither shall ye take ought therefrom and the 12 Deut. the last verse in Cases of Difficulty that might arise upon the Construction of those Ordinances and Laws a Provision is made by Almighty God that in such Cases resort should be had to the Priest and to the Judge who should declare the Sentence of Judgment This seems to refer to some special Revelation of the mind of God in such difficult Cases which God made known to the Priest that stood before the Lord to minister 17 Deut. 8 ●…2 verses but here was nothing entrusted with the Priest or Judge of relieving against the pretended rigour or extremity of the Law in

the Chancellor will relieve and where not then neither the Subject can be assur'd how or when he may possess his own in peace nor the Practiser in Law be able to inform his Client what may become of his Suit Misera est Servitus ubi jus est vagum Cancellarius Angliae says Sir Hen. Spel. non aliter tenetur Decretis suae Curiae vel sui ipsius quin elucente novà ratione Recognoscat i. e. he reviews quae voluerit mutet deleat prout suae videbitur Prudentiae A certain late Author in his Preface to his Book entituled The happy future State of England Printed 1688. cites Leo Afer who tells us That the Inhabitants of the Mountain Magnan on the Frontiers of Fez have not any settled Judicature nor certain Law but for deciding of Controversies when they happen they stop some Travellers passing that way to give Judgment in them and they desray the charges of their stay This is speedy and cheap but very uncertain in the Decision they might as well determine by casting Lots But we in England have contrary Laws as some do imagine so that we serve two Masters that are divided in their Commands and command contrary things and the one undoes what the other does These are like divers Weights and Measures which are an Abomination to the Lord Prov. 20. 10. In one Court they measure Men's Actions and Rights by one Rule in another Court the same Actions again by contrary Rules as if there were Two contrary first Principles and Deities in Nature as the Marcionites and Manichees held the one benign kind and indulgent the other rigorous and destructive to Mankind The People of England have a Right to be Govern'd and their Lives and Estates Subjected to no other Laws but such as are of their own chusing to which they consent according to that most excellent Preamble to the Stat. of the 25. H. 8. Cap. 21. The Laws of England as the Preamble tells us have been taken by the People of England at their free Liberty by their own Consent to be used among them as the Customs and Ancient Laws Originally Established and not otherwise Sir Francis Bacon in his Resuscitatio pag. 65. in his Speech upon taking his place of Chancellor tells us that the Roman Praetors whose Office had the greatest Affinity with the Jurisdiction claim'd in the Chancery used to set down at their Entrance how they would use their Jurisdiction and he acquaints us with the Excellent charge given him by King James I. at the delivery of the Seal to him viz. To contain that Jurisdiction in its due limits without swelling or excess The excess or tumor says Sir Fr. arises ist from that Courts embracing Causes meerly determinable and fit for the Common Law For the Chancery is ordain'd says he to supply the Law not to subvert it Tho' by his favour the supplying of a Law is the proper work of a Parliament 2. The Tumor arises says Sir Fr. from neglect of the Assistance of the Judges in Cases of Difficulty especially if they touch upon Law The Power says he in his advancement of Learning of moderating Laws little differs from the power of making them Vinius the Civilian sets forth the true Office of the Roman Praetor pag. 16. Neque praetor aliud quam Magistratus fuit Juridicundo non Condendo Custos Juris non Arbiter and again pag. 12. Neque ante Lex vi suâ constat Civesque ad Observationem vel paenam obligat quam populo innotescere potuerit quod sine promulgatione sive publicatione aliquâ fieri non potest To every good Law of Man it is requisite that it be manifest among other Properties says Dr. and Student 4 Chap. pag. 7. b. Now How is that Law manifest that depends upon the sudden Opinion and Judgment of One Person who guides that Opinion and Judgment not by any positive certain and particular Rule or Law clearly defin'd but according to that large and indefinite Rule Secundum Aequum Bonum which is directly contrary to the temper and mind of the Common Law of England which delights in certainty Sir Fr. Bacon in his Advancement of Learning pag. 436. The first Dignity of Law says he is That they be certain Certainty is so Essential to a Law as without it a Law cannot be just and pag. 444. That is the best Law which gives the least Liberty to the Arbitrage of the Judge and he is the best Judge that takes the least Liberty yet afterwards this Grave Chancellor is not steddy to himself but is for allowing to Praetorian Courts of Equity Power of supplying the defects of Law which as I said before does belong to the Parliament only and herein he seems under favour not to be so consistent with what he himself writes in his other Treatise It is very well observ'd by Dr. Barrow in his Treatise of the Pope's Supremacy pag. 255. The means and methods by which Power and Jurisdiction from small and modest Beginnings arrive at last to a strange Height and Exorbitancy The Patriarchate Power says he of the Pope can no otherwise be claimed but by his Invasion and Assumption ibid. 256. The Pope's universal Sovereignty and Jurisdiction hath no real Foundation either in Scripture or elsewhere and pag. 257. he shews by what means so groundless a Claim and Pretence gained Belief and Submission to it Eminency of any kind in Might in Place c. does easily pass into advantages of real Power and Command over those that are inferiour c. Any small Power is apt to grow says he and spread it self into a Flame c. and pag. 261. All Power is attended by dependencies of Persons enjoying subordinate Advantages under it which do grow proportionably by its encrease enjoying Wealth excessive Fees Credit Support Privileges and Immunities thereby Let us look into the beginning of that late Jurisdiction of the President and Council in the North. In the Annals of Queen Eliz. Printed 1630. Lib. 2. pag. 68. in the Reign of King H. 8. says that nameless Author when the Rebellion in the North about suppressing the Abbies was pacified whilst the Duke of Norfolk stayed in those parts many Complaints were brought unto him of Wrongs done in the Rebellion Some of them he compounded himself and some of them he committed to Men of Wisdom under his Seal to be by them Compounded which when the King understood he sent him a peculiar Seal to use in these Causes and the same Seal he committed after the Duke was called back to Tunstall Bishop of Duresme and appointed to him Assistants with Authority to hear and determine the complaints of the poor He was then first of all named President and the Authority of his Successors hath ever since encreased very much This Presidentship says the Annals which is now full of Honour hath from a poor beginning grown up in a short time to this Greatness See Sir