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
But if it should be apprehended that an unlimited restraint from
all relief at Common Law, may in some eases be hard on a
sufferer by a Visitor’s sentence, the absolute prohibition of an
appeal may be thus limited, “unless the body of the University
assembled in a Convocation (whereof, and as well of the occasion
of its being called as the day and time when it is to be held,
publick notice shall be given a month before) shall within a
year or 6 months after such sentence petition the King for a
revision thereof; and then his Majesty may issue out a
Commission of Delegates, composed of the Chancellor of the
University, the Visitors of all the Colleges therein, and an
equal number of Drs. of Civil Law, to review the process and
give a final decision.” If University causes come into Common
Law Courts, there is no end of them, and no supporting the
expense: and our ancestors wisely provided they should never
come there: but those Courts are hardly ever at a loss for
pretexts to draw all causes to the Bar, and to break through all
regulations. Their power is now grown to an exorbitant height,
and with it their oppression is extended; so that since the
Chancery, by being put almost ever since the Reformation into
the hands of Common Lawyers, is become in a manner a Common Law
Court where equity is little considered, they are become one of
the greatest grievances of the Nation.
5. Whereas Deans and Chapters of Cathedral Churches in England
do at present retain an empty shadow of the privilege they
formerly had of choosing their own Bps. in that a Conge d’Elire
is constantly upon the vacancy of a see, sent to them and
requiring them to proceed to such election; but they are obliged
to choose the person named to them by the King in a letter
missive sent at the same time, under the pain of incurring a
Praemunire and subjecting themselves to the penalties of the Act
of Henry 8 regulating the election and confirmation of Bishops.
It were to be wished that a better regulation might be made in
this respect, and that Deans and Chapters may, in the case of a
person whom they cannot in conscience contribute by any act of
theirs to advance to a See of which he is unworthy (by having
preached or published heretical and false doctrines, or by being
guilty of Simony or other crimes punishable by deprivation), be
allowed the liberty of declining their choice and approbation
without being liable to the said penalties. It may not perhaps
be fit to make them judges in the case any further than relates
to their own conduct, and therefore upon their signifying the
crime of which the person named in the letter missive is accused
and on account whereof they cannot choose him, and of the
grounds they have to presume of his guilt, till he is judicially
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