The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
_P._ This is no unreasonable petition; for the common-law is nothing
else but equity: and by this statute it appears, that the Chancellors,
before that statute, made bolder with the Courts of common-law than they
did afterward; but it does not appear that common-law in this statute
signifies any thing else but generally the law temporal of the realm,
nor was this statute ever printed, that such as I might take notice of
it. But whether it be a statute or not, I know not, till you tell me
what the Parliament answered to this petition.
_L._ The King’s answer was, the usages heretofore shall stand, so as the
King’s royalty be saved.
_P._ This is flatly against Sir Edward Coke, concerning the Chancery.
_L._ In another Parliament, 17 _Rich. II_, it is enacted, at the
petition of the Commons, that forasmuch as people were compelled to come
before the King’s Council, or in Chancery, by writs grounded upon untrue
suggestions, the Chancellor for the time being, presently after such
suggestions be duly found and proved untrue, shall have power to ordain
and award damages according to his discretion, to him which is so
travelled unduly as is aforesaid.
_P._ By this statute it appears, that when a complaint is made in
Chancery upon undue suggestions, the Chancellor shall have the
examination of the said suggestions, and as he may award damages when
the suggestions are untrue, so he may also proceed by process to the
determining of the cause, whether it be real or personal, so it be not
criminal.
_L._ Also the Commons petitioned in a Parliament of 2 _Hen. IV_, (not
printed) that no writs, nor privy seals, be sued out of Chancery,
Exchequer, or other places, to any man to appear at a day upon a pain,
either before the King and his Council, or in any other place, contrary
to the ordinary course of common-law.
_P._ What answer was given to this petition by the King?
_L._ That such writs should not be granted without necessity.