Leaves from the Note-Books of Lady Dorothy NevillNevill, Dorothy, Lady
History
Leaves from the Note-Books of Lady Dorothy Nevill
Nevill, Dorothy, Lady
Great Britain -- Social life and customs -- 19th century; Great Britain -- Social life and customs -- 20th century
The Courts of Common Law, however they have intrenches on the
jurisdiction of the Spiritual Courts, do yet give countenance
and protection to all their iniquities, which serve to bring
them in business; and this makes the Common Lawyers so loath to
see them reformed, and so ready to baffle all attempts of that
nature. The judges thereof have stuck to no maxim so constantly
as to that scandalous one of St. Edw. Cokes, A Boni judicies est
ampliare jurisdictionem curice suce, and have by monstrous
fictions, and by the help of numberless querks and pretences
swallowed up in a manner all the jurisdiction of other Courts,
as the Lord Constable and Marshals, Admiralty, etc. in order to
draw all business to themselves. Thus also as often as they
please they call by prohibitions (for which they never want
pretences) all causes before them from Spiritual Courts and
other Ecclesiastical or Visitatorical jurisdictions: and when a
cause is once brought into their Courts, where they can invent
and start an hundred points and issues to be argued, there is no
end of the expense or no hopes of a decision, so that it must
drop at last after several years continuance without any
determination as the late affair of Dr. Bentley. It is very fit
there should be prohibitions in many cases, as there are appels
d’abus in France; but it is as fair that those cases should be
settled fixed and determinate. There was in the time of K. James
I. a judgment given upon this subject by the King in his Privy
Council (to whose judicature it properly belongs to decide of
the just authority of different Courts when they quarrel about
their jurisdiction) and proper bounds were fixed to the
authority, as well of Spiritual Courts as of those of Common
Law, which were tolerably well observed till the troubles of
1641 threw all government into confusion, and Episcopacy being
destroyed and the jurisdiction of Bps. suppressed with their
Order, the Common Law carried all before it, swallowed up the
Ecclesiastical authority, and has ever since kept a great part
of what it then invaded.
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