Selected quad for the lemma: england_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
england_n chancellor_n lord_n privy_a 2,992 5 10.6457 5 false
View all documents for the selected quad

Text snippets containing the quad

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

There is 1 snippet containing the selected quad. | View lemmatised text

THE PRIVILEDGES AND PREROGATIVES of the High Court of Chancery Written by the Right HONOVRABLE Thomas Lord Elsmere late Lord Chancellour of ENGLAND LONDON Printed for Henry Sheapheard 1641. The Preface THe gravitie and discretion of the Iudge in a●tient time hath beene such as in doubtfull causes and especially for construction of Statutes they desired to conferre with the Kings Privie Councell whereof there be many examples some are cited in the Case of Post nati And this ought to be specially regarded where the authority and Iurisdiction of the Kings Court is to be brought into Dispute and question For gravius privatorum damno peccatur Cùm inter summos Magistratus Curiasuè majores de imperio certatur And in these cases the Iudges should first have private and loving Conference together before publique disputes according to the Emperour's command Alloquere illum nè rem injustam faciat NOTES AND OBSERVAtions upon the Statutes of Magna Charta cap. 9. and other Statutes concerning the proceedings in the Chancery in cases of Equitie and Conscience THe Statutes which be now urged and stood upon against the Chancery are first Magna Charta where the words be Nisi per legale iudicium parium suoz vel per legem terrae It is lex terrae that is the Iudges of the Common Law shall determine questions in Law and Pares Iurors to try matters in fact so the Chancery is to order and decree matters of Conscience and Equity which cannot be remedied by the strict rules of the common Law And the same rule serveth for understanding the Statute Anno 25. Edward 3. cap. 4. Vpon these words Sic niscit duem ent mesne en-respons soriudg d'icells per voy de lege And it appeareth the cause of making that Statute was to restraine private suggestiōs made to the King or to his Councell but not meant to take away the ordinary judiciall proceedings and hearing of Cases of conscience and equity in the Chancery Hath the same words as Magna Charta cap. 9 viz. Without being brought into answer by due processe of Law For understanding whereof that is to bee remembred that those that are sued in the Chancery are brought to another by due processe of law for cases of equity and conscience as it is per legem terrae That it shall not be commanded by the great Seale or the little Seale to disturbe or detaine common right and though such commandement doe come the Iustices shall not therefore cease to doe right in any point For the understanding of this Statute The ordinary Iudiciall proceedings by the Chancery according to conscience and equity is not any disturbance or delay of Common right But is the doing of right and Iustice in cases which the common Law cannot helpe for common right standeth not only in the strict rigour and extreamity of the Law for often summum ius oft summa injuria but rather in the doing of right according to equity and conscience And the Iudges of the common Law themselves doe almost every day extend their discretion to stay and mittigate the rigour and strictnesse of the common Law and in so doing doe well notwithstanding the strict word of their oath Declareth the law concerning writs of search and in the end of the same Statute these words viz. That by commandement of the great Seale noe Privie Seale nor point of this Statute viz. concerning Search shall be put in delay Nor that the Iustices of whatsoever place they be shall lett to do the common law by commandement which come to them under the Great Seale or Privie Seale The Common Law hath alwaies allowed the proceedings in the Chancery in cases of conscience and equity and therfore the words to doe the Common law must not be construed too precisely as thereby stop all Courts of equity for it standeth with the common law as well that equity and conscience bee ministred where the common law cannot helpe as that strict Iustice be ministred according to the common law when the common law may serve The Chancery doth not commonly send any Writ or Commandement to the Iudges under the great Seale cōmanding them to stay to do Iustice but awardeth Iniunction to the parties that seeke to have the advantage of the strictnesse of the common law against equity and conscience neverthelesse there be plentiful examples that Writs of super sedeas under the great Seale have beene directed to the Iudges in diverse speciall causes and have in all times untill of late beene dutifully obeyed as in cases of priviledge and to stay their proceedings Reges in consulto and divers others c. Also it is to bee remembred that many Iudges of the common Law have complayned and sued for remedy in the Chancery and have beene sued and answered there and obeyed the orders of that Court in cases of equitie and conscience which could not bee relieved by the Common law This Statute is persuing two former Stat. one 37. Edward 3. cap. 18. which giveth paenam Talionis against those which make false suggestions to the King the other 38. Edward 3. cap. 9. which confirmeth the former statute in all things saving pro paena Talionis And this 42. Edward 3. explayneth the two former and provideth that the people be not greived by false accusers which doe often times make their accusements more for vengeance and singular profits then for the profits of the King and his people and therefore ordaineth that none bee put to answer which is to bee intended upon such accusation and false suggestions without 1. presentment before Iustices or 2. matters of Record 3 by due processe or 4. by Writ originall according to the onely law of the land In this Statute the intent is to bee considered first to explaine the second former statute Anno 27. Edw. 3. and Anno 38. Edw. 3. as is before noted 2. that the antient law of the land bee observe that is That for matters determinable by the common law none bee put to answer but by presentments or matters of Record or by originall Writt or by due processe But therein is not meant that the ordinarie iudiciall proceedings in the Chancery in matters of equity and conscience not being remediable by the Statutes of the common law should be taken away or restrained But that in such cases they may proceede against parties called in by due processe for that is according to the antient law of the land So the practise and experience hath beene ever since which is the true and certaine interpretation of that Statute and of all other Statutes The words be these Whereas as well in plea Reall or as in plea personall after Iudgement given in the Courts of our Soveraigne Lord the King the parties be made to come upon greivous paines some time before the Kings Councell sometime in the Parliament to answer therof anew to the impoverishment of