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
A few years before this statute the commons had petitioned (13 Ric. II.,
Rot. Parl. iii. 269) that the chancellor might make no order against the
common law, and that no one should appear before the chancellor where
remedy was given by the common law. "This carries with it an admission,"
as lord C. observes, "that a power of jurisdiction did reside in the
chancellor, so long as he did not determine against the common law, nor
interfere where the common law furnished a remedy. The king's answer,
'that it should continue as the usage had been heretofore,' clearly
demonstrates that such an authority, restrained within due bounds, was
recognised by the constitution of the country." (p. 305.)
The act of 17 Ric. II. seems to have produced a greater regularity in
the proceedings of the court, and put an end to such hasty interference,
on perhaps verbal suggestions, as had given rise to this remedial
provision. From the very year in which the statute was enacted we find
bills in Chancery, and the answers to them, regularly filed; the grounds
of demanding relief appear, and the chancellor renders himself in every
instance responsible for the orders he has issued, by thus showing that
they came within his jurisdiction. There are certainly many among the
earlier bills in Chancery, which, according to the statute law and the
great principle that they were determinable in other courts, could not
have been heard; but we are unable to pronounce how far the allegation
usually contained or implied, that justice could not be had elsewhere,
was founded on the real circumstances. A calendar of these early
proceedings (in abstract) is printed in the Introduction to the first
volume of the Calendar of Chancery Proceedings in the Reign of
Elizabeth, and may also be found in Cooper's Public Records, i. 356.
Public-domain text, read in full here on John Shaqi.
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