History of the English People, Volume II: The Charter, 1216-1307; The Parliament, 1307-1400Green, John Richard
History
History of the English People, Volume II: The Charter, 1216-1307; The Parliament, 1307-1400
Green, John Richard
Great Britain -- History
It was the consciousness of this that made men cling even from the first
moment of the independent existence of these courts to the judicial power
which still remained inherent in the Crown itself. If his courts fell short
in any matter the duty of the king to do justice to all still remained, and
it was this obligation which was recognized in the provision of Henry the
Second by which all cases in which his judges failed to do justice were
reserved for the special cognizance of the royal Council itself. To this
final jurisdiction of the King in Council Edward gave a wide developement.
His assembly of the ministers, the higher permanent officials, and the law
officers of the Crown for the first time reserved to itself in its judicial
capacity the correction of all breaches of the law which the lower courts
had failed to repress, whether from weakness, partiality, or corruption,
and especially of those lawless outbreaks of the more powerful baronage
which defied the common authority of the judges. Such powers were of course
capable of terrible abuse, and it shows what real need there was felt to be
for their exercise that though regarded with jealousy by Parliament the
jurisdiction of the royal Council appears to have been steadily put into
force through the two centuries which followed. In the reign of Henry the
Seventh it took legal and statutory form in the shape of the Court of Star
Chamber, and its powers are still exercised in our own day by the Judicial
Committee of the Privy Council. But the same duty of the Crown to do
justice where its courts fell short of giving due redress for wrong
expressed itself in the jurisdiction of the Chancellor. This great officer
of State, who had perhaps originally acted only as President of the Council
when discharging its judicial functions, acquired at a very early date an
independent judicial position of the same nature. It is by remembering this
origin of the Court of Chancery that we understand the nature of the powers
it gradually acquired. All grievances of the subject, especially those
which sprang from the misconduct of government officials or of powerful
oppressors, fell within its cognizance as they fell within that of the
Royal Council, and to these were added disputes respecting the wardship of
infants, dower, rent-charges, or tithes. Its equitable jurisdiction sprang
from the defective nature and the technical and unbending rules of the
common law. As the Council had given redress in cases where law became
injustice, so the Court of Chancery interfered without regard to the rules
of procedure adopted by the common law courts on the petition of a party
for whose grievance the common law provided no adequate remedy. An
analogous extension of his powers enabled the Chancellor to afford relief
in cases of fraud, accident, or abuse of trust, and this side of his
jurisdiction was largely extended at a later time by the results of
legislation on the tenure of land by ecclesiastical bodies.
Public-domain text, read in full here on John Shaqi.
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