View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
In the reign of Edward II. the peculiar jurisdiction of the chancellor
was still more distinctly marked. "From petitions and answers lately
discovered, it appears that during this reign the jurisdiction of the
Court of Chancery was considerably extended, as the 'consuetudo
cancellariæ' is often familiarly mentioned. We find petitions referred
to the chancellor in his court, either separately, or in conjunction
with the king's justices, or the king's serjeants; on disputes
respecting the wardship of infants, partition, dower, rent-charges,
tithes, and goods of felons. The chancellor was in full possession of
his jurisdiction over charities, and he superintended the conduct of
coroners. Mere wrongs, such as malicious prosecutions and trespasses to
personal property, are sometimes the subject of proceedings before him;
but I apprehend that those were cases where, from powerful combinations
and confederacies, redress could not be obtained in the courts of common
law." (Lives of Chanc. vol. i. p. 204.)
Lord Campbell, still with materials furnished by Mr. Hardy, has given
not less than thirty-eight entries during the reign of Edward II., where
the petition, though sometimes directed to the council, is referred to
the chancellor for determination. One only of these, so far as we can
judge from their very brief expression, implies anything of an equitable
jurisdiction. It is again a case of dower, and the claimant is remitted
to the Chancery; "et fiat sibi ibidem justitia, quia non potest juvari
per communem legem per breve de dote." This case is in the Rolls of
Parliament (i. 340), and had been previously mentioned by Mr. Bruce in a
learned memoir on the Court of Star-Chamber. (Archæologia, xxv. 345.) It
is difficult to say whether this fell within the modern rules of equity,
but the general principle is evidently the same.
Another petition is from the commonalty of Suffolk to the council,
complaining of false indictments and presentments in courts-leet. It is
answered--"Si quis sequi voluerit adversus falsos indicatores et
procuratores de falsis indictamentis, sequatur in Cancell. et habebit
remedium consequens." Several other entries in this list are
illustrative of the jurisdiction appertaining, in fact at least, to the
council and the chancellor; and being of so early a reign form a
valuable accession to those which later records have furnished to Sir
Matthew Hale and others.
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