her Majesty and her Subjects c. How the Court of Wards and Liveries is the Court wherein the Queenes prerogative for Wards is maintained out of which are sued Liveries and therein their ages are proved which are in Ward to the King by reason of Tenure c. How the Court of Starre-Chamber is ordained to redresse certaine great offences provided by Statute and appointed to this Court How the Duchie Court of Lancaster is also the Queenes Court and of Record wherein are holden all Pleas reall and personall which concerne any the Tenants of the Duchy lands now in the hands of her Majesty and parcell of her Crowne but severed in Court and Jurisdiction How in the Court of Requests are holden by vertue of their Commission none other but sutes that are made to her Majesty by way of supplication which is called the poore mans Court because he should have right there without paying any money How the Admirall hath disseisin of Marine How the Constable and Marshall of England determineth the Contract touching Deeds of Armes out of the Realme and handleth matters concerning warres within the Realme and Combats Blazon and Armory c. may be tryed by the Lawes of the Land How the Marshall of the Kings House before the Stat. of Articuli super chartas had Authority to heare and determine the pleas of the Crowne within the verge and now hath the hearing of Trespasses Contracts and Covenants made within the verge c. How the Court of Presidents and Councels in the Marches of Wales and in the North parts are Courts of equity in their principall Jurisdiction although they doe withall exercise other powers by vertue of other severall Commissions that doe accompany the same c. I might further busie my selfe with the County Courts Leets Courts of Barons and Courts of Pyepowders c. the Assizes Quarter-Sessions Commissions of Oyer and Determiner and Justices in Eyre to search and set downe when by whom and upon what occasion all the aforesaid Courts were erected wherein they doe containe within their appointed limits and wherein they doe usurp Jurisdiction which was appropriated to some others c. but for that the matters to be moved therein would require a severall Treatise of every severall Court for the which I feele my selfe very insufficient I will forbeare at this time to mingle Jurisdictions and onely continue in the course of the Court of Chancery the which Court I cannot finde in the time of the Conquerour to be served from the Court of the King and appointed to be holden by the Chancellor although I read in that time and the time of his sonne Rufus the ordinary course of Justice was altered in forme but not in substance and whether the Collegium sâ—ribarum founded by the Conqueror whereof he appointed the Chancellour to be President might beare the name and title of a Chancery in very truth I have much doubted for I cannot gather thereout any jurisdiction to determine causes and moreover I read expresly that during the Reignes of both the Williams Hen. 1. Stephen and Hen. the 2. there continued still a Court belonging to the King which was the place of Soveraigne justice both for matters of Law and Conscience called Curia Domini Regis and Aula Regia for that the Prince himselfe did many times sit there in person and had Justices a latere suo sedente as saith Bracton namely his chief Justice Chancelor Constable Marshall and others and howbeit in the 9. year of Hen. 3. by the erection of the Common Pleas the Common Pleas were withdrawn from the Court which followed the King to a place and Jurisdiction certaine it seemeth that by the division of Jurisdiction made by Bracton in his Book which he compiled by the commandement of K. Edw. 1. in the beginning of his reigne and of the particular authorities delivered out by the King to his Justices Commâ—ssioners and Delegates that the Jurisdiction oâ— determining the causes now belonging to this Court did remaine to the exercise of himselfe and yet was not the Jurisdiction of the other Courts out of the King for Jurisdiction as saith Bracton Non potest a Rege delegare but the causes proper to this Court were managed and determined either by himself in person or in his absence by his Chancellour Councellours of State and Iustices of Law that continually attend upon him for that service namely the Justices to informe him of the Law and the Chancellor which was most usually a spirituall person to give advice according to equity and good conscience in which respect also he was visitor for the King and passed the presentations of Benefices so that such as sought for reliefe by equity were sutors to the King himselfe who being assisted with the Chancellor and his Councell did mitigate the severity of the Law in his owne person when it pleased him to be present and did in absence either referre it to the Chancellor alone or to him or some other of the Councell yet have I some good causes of conjecture that the Chancellor in those dayes was a Judge ordinary in the same Court to hold plea by Latin Bil In monstrance de Droit Pleas and Enterpleas of Livery and Ouster ie Maâ—nes of portions and such like as a Minister to make processe c. And therefore I cannot agree with the opinion of some men that this Court of Chancery was erected and first assigned to the Lord Chancellor in the 36. year of Edw. 3. as well for the Patentees afore set downe doe grant and confirme unto the said Nevill officium Cancellariae of the Chancery and not Caucâ—llarii which was in Hen. 3. time as also for that in divers Statutes long before this time and in Yeare Books there is mention made of the ordinary authority of the Chancellor the Register and the Clerks of the Chancery viz. in the Statute of Glouc. in Anno 6. Quo warranto c. of Acton Burnell in Anno 11. Processe upon Recognizance in Westm 2. cap. 24. concordand Cleris de novo brevi c. Ad cap. 49. Champertie c. and Statut. Marchante Brev. al. Viscount c. in Anno 13. Slat de consultat procedendo c. in Anno 24. Articuli super chartas cap. 5. follow the King c. 6. Seale c. in Anno 28. of Ed. 1. and in Ed. 3. his time Anno t. Stat. 2. cap. 15. writing by Dures c. Anno 14. cap. 8. chuse Escheators c. Anno 5. Stat. Carhal adymytt Attorneyes c. Anno 19. Sacrum Clericorum cancellar. c. Anno 20. cap. 3 Oath of Justices Chancery c. ad cap. 6. Chancellor and Treasurer c. Anno 25. cap. 2. Sley Chancellor Treason c. and ibid. cap. 4. writ to Mayors c. Anno 31. ca. 3 Fifty wives c. in the 29. of the Booke of Assizes wee may see partition before this
The punishment of Scandala magnatum to be inflicted upon them that misreport of him by the Statutes of W. 1. cap. 33. and of Anno 2 R. 2. ca. 5. He may weare in his apparel Velvet Satten and other Silks of any colour except purpuâ—â— and any manner of Furs except black Genets of what estate or degree soever he be by the stat of 24. of H. the 8. He must follow the Court and at all times be neer the King by the Statute called Articuli super Chartas Anno 28. E. pr. cap. 5. He may have three Chaplaines qualified whereof everâ— one may purchase dispensation to have two Benefices by the Statute de 21. H. 8. cap. 13. To sâ—ay him it is Treason declared by the Statute of 20 of Edw. the 3d. cap. 11. If he be a Baron or above hâ— shall sit in the Parlament on the left side of the Chamber on the higher part of the form on the same side above all Dukes except such as are soone Uncle Brother Nephew or Brothers or Sisters Sonne to the King and also above all Officers except the Vice-gerent And if he be no Baron he shall sit at the uppermost part of the Sacks in the midst of the Chamber and in such degree he shall siâ— in the Star-Chamber and in all other Assemblies and Conferences of Counsell by the Statute Anno 31 H. 3. cap. 10. He is a Conservor and Iustice of the peace throughout England by prescription He is the only Visitor of all Hospitalls and Free-Chappels which be of the foundation of the King or his Progenitors by prescription He is Prolocutor in the higher house of Parlament by prescription c. V. Places of his Judiciall Session viz. CHANCERY where he is the only Judge assisted by the Master of the Roâ—s and the Masters of the Chancery and heareth and determineth causes of Law and Conscience as Chancellor COUNSELL chamber where he is associated with others of the Privy Counsell and heareth and determineth causes of Estate as a Privy Counsellor STARRE Chamber where he is associated with the Lord Treasurer President of the Counsell and Privie Seale and associated with one Bishop one Temporall Lord of the counsell and two Justices and heareth and determineth perjuries causes penall and of Common peace by the Statutes of Anno 3 H. 7. cap. 1. and 21 H. 8. cap. 20. as a speciall Judge EXCHEQUER chamber where he is associated with the Treasurer and associated by the Justices and other Sage persons and examineth and reverseth or affirmeth judgments given in that Court by the Statute of 31 E. 3. cap. 12. as a special Judge VI HIS Authority and power which is of two sorts viz. As a Judge and that is either ORDINARY as in these Scire fac or execution upon a Statute Merchant taking acknowledgement of Recognizances Scire fac or execution upon a Recognizance knowledged in the Chancery Scire fac to repeale Patents which are void or faulty Monstrance de droit Petition de droit Traverse of Offices and Inquisitions Pleas and Enterpleas upon assignment of Dower Pleas and Enterpleas upon livery and ouster le maine Pleas and Enterpleas upon partition Attachments upon contempts in not executing of Writs and Proces by Officers or upon signification of untrue or insufficient causes thereof writs de Corodioâ— or Pencor habendo unto Abbots Priors and Bishops Andita querela sued upon sutes in the Chancery Prohibition to stay proceedings in the Court Christian or Admiralty and consulation to be granted thereupon Originalls or Bils by persons priviledged in the Chancery Originals or Bils against persons privileged there Writs of Privilege sued by persons privileged to remove sutes in other Courts into the Chancery AND DIVERS other of like soâ—t ABSOLUTE and by this power he ordereth and decreeth matters of Conscience and the pleadings are in English whereas in his ordinary power he holdeth plea of matters according to the form of Common Law and the pleadings are in Latine AS a MINISTER GRANTING of pardons of Common Grace GRANTING and sealing of Commissions OF patents and preservations c. MAKING of Originall Writs of Processe upon the Statute Staple c. CONSTITUTING of certaine Officers belonging to his Office GIVING of Oathes to Officers And such like FINIS 2 Sam. 8. 16. Pretor The Chancellor of France The Election of the Chancellor Hen Beakford 〈◊〉 The nature originall of the Chancery Parliam Kings Bench Common Pleas Exchequer Court of Wards Star-chamber Dutby Court Court of Requests Admiralls court Constable of England Marshalls court President of Wales the North parts Proces Cancella riae The Judge The Assistants The Master of the Rolls The Officers of the Chancery 9. E. 4. Potentia ordinatam Potentia absoluta Default Excom. veritatis 37. H. 6. Court of Record 8. E. 4. Statute proces Right Filz Natura brevium Term 4. E. 4. Adjournment 5. E 6. Common Law Originall Conscience 6. E. 6. Surmise English Bill Pleadings in French 39. H. 6. No remedy Good pleaders Privilege surmise false Secundum Conscientiam Secundum allegatum Default 9. E. 4. 21. H. 7. Estoppell Default Rot. Parliam br Parliam Remedy without Remedy Conscience Doctor Student without Remedy Conscience Wager of the Law False verdict Proofe Stat. 4. H. 4. Judgment Sta 4 H 4 Justices Chief Baron Temp. H. 6 Decrees Justices Serjeants 27 H. 6 37. H. 6. 7. E. 4. 22. E. 4. Exchequer Chamber Justices 27. H. 8. Chancery Magna Charta Doctor Stud. Stat. 5. E. 3 1â— E. 3. 5. Stat. 42. E. 3. Stat. 37. E. 3. 12. E. 3. Câ—â—â—â—â—n Puâ—sell Stat. 43. E. 3. Rot. Parl. 3. H. 6. Stat. 15. H. 6. 21. E. 3. Petition 39. E. 3. Judgment Reversall Counsell 33. H. 6. Obligation supersed Privilege 37. H. 6. Assise Decree Plea 37. H 6. Judgment Plea Decree Court of Record 37. H. 6. 9. E. 4. Commandement 22. E. 4. Injunction Judgment Forfeiture Subpoena Habeas Corpus 2. R. 3 Judgment Notice Imprisonment 2. R. 3. 9. 10. H. 7. Injunction Subpoena Forfeiture 27. H. 8. Decree Right Person Imprisonment 27. H. 8. Injunction Execution Obligation Brooke Heire Executor Fleta Consent 8. E. 4. Privilege Judge Temporall Conscience And the Debtor was discharged of the execution and prayed his damage against them both and the Master of the Rolls said although by the CommoÌ„ law damages shold be adjudged against them both Audita querela Damages Conscience Common Law 14. E. 4. Traverse of Office Mispleading 9. E. 4. Obligation longer day Incertainty the sum Notice the day certainty Mispleading 14. E. 4. Bill Answer Variance Amend 16 E. 4. Answer 16 E. 4. Answer 8 E. 4. Executors Answer 43 E. 31 Damages Wreck Damages Costs 17 R. 2 Damages Stat. 15. H. 6. Surety Damna Expenss 7 E 4. Bill â—nsuffic Costs Damages Bill untrue 7 E. 4. Grant to use costs 11 E. 4. Audit que Damages 2â—E 4. Injunction Kings Bench Iudgement Damages 21 E. 4. Common place Injunction Dismission 37. H.
annoyance of the parties and in subversion of the common Law It is ordained That after Judgment be given in the Kings Courts the parties and their heirs be thereof quiet untill the Judgment be admitted by attaint or by error if there be any error as it hath beene used by the Law in the time of the Kings Progenitors Stat. Anno 4. H 4. Ca. 22. And upon the said Statute is made by Doctor and Student an inference viz. There is a Statute made 4. H. 4. cap. 22. Whereby it is Enacted That Judgements given in the Kings Courts shall not be examined in the Chancery Parliament nor else where by which Statute it appeares that if any Judgement be given in the Kings Courts against Conscience that there can be had no remedy for the Judgement cannot be remedied without examination and the examination is by that Statute prohibited Yet this Statute is not against Conscience for if such Judgments should be examined in the Chancery before the Counsell or in any other place the Plaintiffes should seldome come to the effect of their sure nor the Law should never have end to eschew that inconvenience the Statute was made lib. Doct. Stud. cap. 18. Note by that Statute and by this explanation thereof that the Chancery may not examine nor intermeddle after judgement is given at the Common Law and yet the Statute speaketh not expresly of the Chancery CHAP. III. Whom he may call to be assistants to him 1 IN a Parliament holden in the 2 d. yeare of H. 4. The Commons exhibited a Petition conceiving that the Justices of both the Benches were called into the Chancery from both their places to help the discussing of matters traversed into the Chancery whereby the Common Law was hindred and the subjects damaged and therefore they prayed That it might be Enacted That when any traverse of any Office is tendred in any scir. fac awarded that the same may be sent and returned into one of the Benches there to be discussed and ended according to Common Law To which Petition the King answered the Chancellor may do so by his Office and let it be as it hath been heretofore by the discretion of the Chancellor for the time being Rot Parl. Anno. 2. H. 4. Artic. 95. 2. The Statute de Anno 4. H. 4. is Let the Chancellor have power by Authority of Parliament to call unto him such Justices as it shall please him and the chiefe Baron of the Exchequer it need be to provide remedy from time to time according to their diseretion Stat. Anno 4. H. 4. cap. 9. in most of the time of H. 6. the Decrees were entred in this forme Considerat fuit per cur de Assensu Johannis Fortescue Milit. capitalis Jusâ—ic Dom Regis ad placita tenend. diversor alior Justic. Servient ad legem in Cur. praesent existent quod c. And sometime it was De assensu omnium Justic. utriusque Banci And sometimes of one or two Justices petition in cancellar. de temps H. 6. In the Chancery upon a Subpoena sued the matter being doubtfull in Law the Chancellor adjourned the parties into the Exchequer Chamber and called the Justices of both Benches to assist him 27. H. 6. 13. b. consc. 4. 37. H. 6. b. consc. 7. E. 4. 14. 22. E. 4. b. The Lord Chancellor called Fiâ—z-harbert Justice into the Chancery to assist him in the argument of a Question in Law arising upon a sute of Conscience 27. H. 8. By these Authorities it is evident That the Chancellor may as well in matters conce ning the absolute as ordinary power call the Justices to assist him and that either into the Chancery or into the Exchequer Chamber CHAP. IV. How the absolute power increased and of the Statutes concerning the same 1 THe Statute of Magna Charta is That Nulâ—us liber homo caâ—iatur vel imprisoâ—etur aut dâ—â—ssâ—isâ—tur de libero tenemento suo vel libertat vel liberis consuetudinibus suis aut ut legetur aut â—xuletur aut aliquo modo disturbatur nec super eumibimus â—ec super eum mittemus nisâ— per legem terrae Magna Charta cap. 30. This Chapter is but a confirmation of the custom of the Realme lib. Doct. Student cap. 7. 2. The Statute of the 5. E. 3. is That none shall be attached by any accusation nor forejudged of life nor limb nor his Lands Tenements Goods nor Chatels seized into the Kings hands against the form of the Great charter and the Law of the Land Statute 5 E. 3. cap. 9. 3. The Statute of 15. E. 3. is That none shal bâ— taken by Petition or Suggestion made to the King or to his Councell unlesse it be by Indictment or Presentment of good and lawfull men where such deeds be done in due manner or by Proces made by writ or originall at the Common Law nor that none be put out of the Franchises nor of their Free holds unlesse he be duely brought in to answer and forejudged of the same by way of Law and if any thing be done against the same it shall be redresled and holden for non-Stature Anno 25. Edw. 3. cap. 4th 4. The Statute 28. E. 3. is that no man shall be put out of any Land or Tenement or taken or imprisoned or disherited or put to death without being brought in to answer by due proces of the Law Statute Anno 28. E. 3. cap. 3. 5. By these Statutes it seemeth that neither the King Counsell not Chancellor might not atach imprison banish or put to death any man nor seize his lands nor goods or cause him to answer but upon indictment presentment or originall as in the case ensuing A Commission was awarded out of the Chancery in 42. E. 3. to Commissioners authorising them to apprehend a man and his goods and to commit him to Prison and because this was done without Indictment or sute of any party or other due Proces it is contrary to the Law and the Commission was adjudged void per Knivet Thorpe Captal Justic. 42. Assi. 15 crompton 67. The Statute of 37. E 3. That though it be not conteined in the great Charter that no man be taken imprisoned or put out of his Freehold without proces of the law yet divers people make false suggestions to the King himself as well for malice as otherwise whereby the King is often grieved and divers of the Realm put to great damage and losse against the form of the same Charter Wherefore it is ordained that all they that make such suggestions be sent before the Chancellor Treasurer and his great Counsell and that they there finde surety to pursue their suggestions and to incurre the same pain that the other should have had if he were attached in case that this suggestion be found evill and then proces of the Law be made against them without being