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judgement_n action_n error_n reverse_v 8,626 5 13.5999 5 true
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A93441 The antiquity & original of the Court of Chancery and authority of the lord chancellor of England being a branch of Serjeant Snagg's reading, upon the 28 chapter of Magna Charta, at the Middle Temple, in Lent, 13 Eliz. : with his congratulatory epistle, (by way of preface) to the Lord Chancellor Hatton, in 29 Eliz. Snagg, Robert. 1654 (1654) Wing S4381A; ESTC R42651 18,654 95

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doubted by some whether his Lordships Authority absolute might bind the great Men of the Land viz. The Nobility as well as the mean Subjects And the doubt rose upon this For that their Honours are not to be Arrested by their Bodies for any cause between Them and any Subject by the Law of the Land and the processe out of the Chancery is by Attachment of their Bodies if they come not in upon a Sub-poena served and the execution of that Court is Imprisonment untill the party will yield to obey the Decree and Order thereof and by the Great Charter no Freeman ought to be Imprisoned but by the Law of the Land But that seemeth no cause why the Order of the Lord Chancellor should not bind them for by the Law of the Land if the Peers commit any contempt to the Crown they are to be taken by their Bodies as other men And Mr. Bracton Lib. 1. Cap. 24. hath these words Ea quae sunt Justitiae Paci annexa ad nullum peirinent nisi ad Coronam Dignitatem Regiam est enim Coronae Regis facere Justitiam Judicium tenere Pacem illa à Corona separari non possunt And what can be more near annexed to Justice than when a poor Man complaineth to the chief Judgement Seat that he should have justice according to Conscience and Equity without respect of persons and that his Might should not overcome the poor Mans right Therefore when it is found and Ordered for the poor Man and his Right in Conscience and the great Man thereby appointed and Ordered that he shall cease his hard dealing with him and he contemneth it Must not that contempt needs be Contra Coronam Dignitatem Regiam seeing that Jurisdiction cannot be separated from them And then all Men agree That for any contempt against the Crown their Honours may be arrested and imprisoned as well as any other Subjects But in all these great Cases neither the Reader nor any his Associates took upon them to decide the Law touching the Authorities aforesaid nor to give any certain Rules for them but dealt only for Learning to open the points and leave the judgement to the Judges as the manner of that Exercise is to determine what the Law is And touching his Lordships Absolute Authority in this whole Discourse they all both the Reader and his Associates submitted themselves to the judgement of the Lord Chancellor himself for every thing appertaining to his Lordships Office for that God hath not limited how farr nor wherein he should go or deal but guideth his Conscience in every case that shall come before him by his Grace to do that which shall be good just and equall before God and Men so farr as God shall direct him in that matter for his own Glory and the good or punishment of the parties according to his Good will 13. But the last Note was this That where every other Judge if he erreth in judgement is subject to a Writ of Error to have his judgement examined by other Judges above him and so reversed and himself not to be reproved if it be but error in judgment and if he erre of falshood then to be Fined or punished by the Lords in the Star Chamber and his false Action defaced Yet the Lord Chancellor of England if he erre in his judgement which he giveth according to his Conscience there is no Appeal to any but to God to reform it for he is the only Judge of the Conscience of Man and he only may condemn any for Error only in Conscience and he only may direct Conscience into a better course if Man erre therein for every Man of his own Nature is subject therunto and also for that in that respect there is no Magistrate in England superiour to him for only the King or Queen is superiour to him in Government and they are not by the Law to distribute Justice themselves but are the superintendents over all others immediate under God to appoint thē to it to see it done by them and charge them with it and to maintain them therein Thus escaping out of this Laborinth they left it as they found it saving this doubt resolved That his Lordships Authority and Office was erected by the Law and remains a principal Member thereof and that so of necessity as without it the Law could not be just and equal to all in every Case FINIS