proffits of the people but if the same acts or ordinances be examined and approved by the Chancellor Treasurer or chiefe Justice or three of them or before both the Justices of Assize in their circuit in the Shire where such acts and ordinanees be made upon paine of forfeiture of 40 l. for every time that they do the contrary Stat. de Anno 19 H. 7. cap. 7. Corp. 2 3. If the Wardâ—ns and Masters of Fellowships of handicrafts within any City or Borough or Town Corporate where such Wardens be and in such where no Wardens of handicrafts are then if the Bayliffs or Governors of the Boroughs or Towns will wrongfully intreat any stranger in executing of the Stat. de Anno 14. H. 8. then the stranger so grieved may by bâ—ll or information complain to the Chancellor or Treasurer of England or to the Justices of Assize in the County for the time being which by their examination shall have authority to hear and determine the same Complaint and to award to the Complainant such amends as by their discretions shall be thought reasonable Stat. Anno 14. H. 8. cap. 2. Aliens 3. 4. The Tables to be set up in the City of London touching Scavage within the same shall be first viewed examined and approved by the Chancellor and Treasurer the President of the Counsell and the Lord Privy seal the Lord Steward and the two chief Justices or by 4. of them at the least and by them subscribed Stat. Anno 22 H. 8. cap. 8. Aliens 5. If any Printers or Sellers of Printed Books doe inhance their prises in sale of binding at too high and unreasonable prises in such wise as complaint be made thereof unto the King or to the Chancellor or Treasurer or either of the chief Justices then they or two of them shall have authority to enquire thereof as well as by oathes of 1â— persons as otherwise by due examination by their discretions and after the same so found then they or two of them from time to time shall have authority to redress such inhaunsing of prises by their â—retions and to limit prises as well of the books as for binding them and moreover â—hat the offendor being convicted forfeit for every book by them sould and inhaunsed 3. s. 4 d. the one half to the King the other to the party grieved that will complaine Stat. Anno 25 H. 8. cap. 15. books 6. The Chancellor Treasurer President of the Counsell Privy Seal and the two chief Justiees or three of them shall have authority by their discretion to set prices of all kind of Wines that is to say of the prices of the But Tun Pipe Hogshead Ponchen Teirce Barrel or Rundlet when it shall be sold in gross so that they or any of them cause the prices by them set to be written and open Proclamation thereof to be made in Chancery in Term time or eise in the City Borough or Town where any such Wines shall be sold in gross 28. H. 8. cap. 14 Wines 20. 7. The L. Chancellor Keeper of the Great Seal Treasurer President Privy Seale and other of the Privy Couusell the chief Justices or three of them at the least whereof the Lord Chaneellor Keeper Treasurer President or Privy Seal to be one upon complaint made in writing shall have Authority to take order with the bodies lands and goods of Banckerupts for the payment of their debts Vide Stat. Anno 34 H. 8. cap. 4. Banckerupts And thus much of the Absolute power of the Lord Chancellor his Judiciall power the which poor barren Treatise I have not presumed to collect either for instruction of hi Honor from whose wisdome I have alwayes thought nothing can be hidden or for ostentation of my reading and experience who do freely acknowledg my selfe the most ignorant man of my profession but to this end and with this intention have I done it partly to provoke some good matter from those learned Lawyers and skilfull Antiquaries that are Attendants ûupon his Lordship and especially for satisfaction to his desire that did demand it and may command me Sic litabant Mola qui non habcbant Thuca FINIS An ANALYSIS IN the Office of the Chancellor of England are six things to be considered I. HIS ANTIQUITY in Office and not in name which hath been from the time of the first Creation of Kings and Rulers And he was called AMONG the Hebrewes Mazcre AMONG the Grecians Nomophilax AMONG the Romans Praetor In OFFICE and name which hath bin from the time of Charls the Great King of France IN OFF CE and name in England which hath bin from about the time of King Edward the Confessor II. The ETYMOLOGY of his name Either à Cancellando Iniqua Concessa Regis viz. by cancelling or disallowing the unjust Grants of the King by withholding them from the Seale untill the King may be better informed according to the verse Et mandata pii principis aequa fuit Iniquas leges viz. by cancelling the rigor of extreme laws in tempring them with Conscience according to the verse Hic est qui leges Regni cancellat iniquas RECORDS viz. Of Cancelling such Records as ought to be made void which may be either by drawing of crosse lines over such Records and by entring of a vacat in the Margent declaring the cause of the Cancelling Which may also be either by Judgment given in the Court for admitting such Record or else by personall agreement of such partie or parties as it only concerneth Or by plucking the Records from the File And this ought not to be done but by authority of Act oâ— Parliament Or â—Cancellis for that he fitteth in Judgement within certain limits or bounds c. III. His constitution which hath bin and may be in two sorts viz. By Letters Patents which hath been but rarely used and I find only three of them of Record Walieâ— Grey Bishop of Chester and Chancellor by Patent dated Anno 7 Regis Johannis Ralph Nevill Bishop of Chichester and Chancellor by severall Patents one bearing date Anno 11 H. 3. the other Anno E7 ejusd. Regis One other in the time of H. 6. BY DELIVERY of the Great Seal unto his hand and custody which delivery is to be entred of Record wherein is to be noted that the Keeper of the Great Seal had the Seal delivered in diverse manners It was delivered to the Chancellor by the King and immediately he took an Oath for the faithfull exercising of the Office of Chancellor and then he sealed Writs therewith alone It was delivered to the Keeper of the Great Sease without any Oath and therefore he did not commonly Seale therewith but in presence of some of the Masters of the Chancery IIII. Hâ—S preheminences viz. Unto him are substituted all the Chancellors in England Ireland Wales and Scotland and aâ—l they that have charge of any the Kings Seales wheresoever beside the Lord Privy seal By prescription The punishment of Scandala magnatum to be inflicted upon them that misreport of him by the Statutes of
7. 12. sub poena 18. CHAP. VII Of Aliens THe statute of Anno 27 E 3. is that if any Merchant privy or stranger be robbed of his Goods upon the Sea and the Goods so robbed come into any parties hands within the Realm and he will sue to recover the said Goods he shall be received to prove the said Goods to be his own by his work or by his Chart or Caket or by good and lawfull Merchants privy or strangers and by such proofs the same Goods shall be delivered to the Merchant without making other â—ute at the common Law Stat. Anno 27 E. 3. cap. 13. Merchant 12. Note that by this statute the Chancellor alone without any of the Justices hath power to proceed to Judgement 2 R. 3. 2. 2 Also the statute of 27 E. 3. is that if Debate arise betwixt the Maiâ—r and Constables of the Staple and such Merchant stranger as shall be assigned to â—it with them upon discussing of any plea or quarrell touching Merchants Aliens the Tenor of the same Plea shall be sent before the Chancellor and other of the Kings Counsel to be determined there without delay Anno 27 E. 3. cap. 24. staple 17. 3 If any Subject attempt or offend upon the Sea or in any Port within the Realm against any person stranger being upon the Sea or in any Port aforesaid by way of Amity or League or truce or by force of the Kings safe conduct or safeguard in any matter and especially in attaching of any such strange person robbing oq spoiling him of his Ship or Goods or against any other person of his Lay-people the Chancellor as well for the deliverance of such person attached as to make Restitution of Ship or Goods or the value thereof shall have authority calling to him any of the Justices upon a Bill of Complaint to him made to make such processe of the Chancery as well against such Offenders to bring them into the Chancery to answer as against any other persous to whose hands any such person so attached Ship or Goods shall come for the Deliverance Restitution by them to be made as shall seem to the Chancellor most necessary and upon this Processe the Chancellor further to proceed in this matter if the case do so require by advice of any such Justice to make the person stranger so grieved to have full Deliverance and Restitution of his Goods c. and also of all the Costs Expences and Losses made and suffered by him in this behalf and thereupon to make all manner of execution upon the same out of the same in such sort as shall seem to him necessary for such Deliverance and Restitution to be had calling him to any such Justice as aforesaid statute 31 H 6. cap. 4. Aliens First note that by this statute the Alien that complaineth must sue in the Chancery before the Chancellor assisted with one of the Justices 2 R. 3. â— 4 A Merchant Aâ—ien bargained with one to carry certain Bales of Merchandizes to Hampton the party took the Bales and carried them to another place and brake them up and took out the Merchandizes and converâ—ed it to his own use and the Alien complained to the Counsel in the Star-chamber the Chancellor that although this Fact be Fâ—lony yet it shall be tried before the Counsel and not at the common Law because the Complaintiff is a Merchant alien and is come by safe Conduct and it shall be determined according to the Law of Nature of the Chancery and he may sue there from hour to hour and from day to day for the speed of Merchants also he said that strangers shall not be bound by our statutes which are introduct. jura legis by statâ—te that are Deliberativa antiqui juris viz. juris naturae And although that by their being in the Realm the King hath Jurisdiction to compell them to abide right yet that shall be secundum legem naturae which is called by some the Law Merchant which is an Universal Law through all the World in cameâ—a stellata 1. 3. 2 4. 9. Denison 2. b. Dâ—nisen 5. 5 The Chancellor said that whereas there is a statute that safe Conducts inâ—olled and the number of Mariners and the name of the Vessel yet if any Alien have a safe Conduct and have not those circumstances therein the safe Conduct notwithstanding shall be allowed and so hath been adjudged for the Aliens do say that they are not bound to know our statutes and they do come into the Land by Warrant of the Kings Seal and safe Conduct and if it shall not be sufficient they are defrauded but others saith the statute which ordaineth for the Forfeiture of Merchandize shall binde as well Aliens as others in camera stellata 13 E. 4 10. b. Denisen 5. 6 Note that it was said in the Star-chamber that a Denizen shall not sue an Alien before the Counsel but an Alien may sue a Denizen and it was said that it is by force of the statutes 13 E. 4. 10 Denisen 26. Denison 5. If any Alien having a safe Conduct be robbed and the Goods waved by the Felons yet the Alien shall not be compelled to sue the Law against the Felon neither may the King have the Goods as a Waive nor any other by the Kings Grant or by prescription because the King hath granted unto him salvum securum conductum tam in corpore quam in bonis which is a Covenant between the King and him and he may sue the King upon the same per omnes Justiciarios in Camera stellata 13 E. 4 10. Note that an Alien born under any Prince which is in League with the King may sue at the common Law all Actions of Debt and personal Actions but not real Actions but if he be born under the obedience of the Kings Enemy then the Alien hath no Action or Sute unlesse he come by safe conduct and note that if all England do make War with a forreign Prince which is in League with the King yet if the King do not assent thereunto it is not open War for the League must be broken by Ambassage or otherwise by the King 19 E. 4. b Denison 16. 20. A Merchant of Spain exhibited a Bill before the King and his Counsel in the Star chamber against certain English men and shewed that he was robbed upon the Sea by certain Britains and that his Goods were brought into England and are come to the hands of the Defendants and prayed Restitution according to the statute de Anno 27 E. 3. cap. 13. and it was said by all the Justices that the Complaintiff must prove that the King of Spain was in League with the King at that time and the taking of the Goods also he must prove that the first taker was under the
Feoffor is made good by the common Law release before it took effect but by conscience 1 R. 3. 54 One make a Feofment to the use of his last will and Testament and declareth by his Testament that the Land shall be to the use of his VVife for Life and afterwards to the use of Revoke his Son in tail in this case he may change his VVill and the uses at his pleasure because it is referred to his Testament per Bradwell capit Iust. communis banci Fetchlers Inglefield Iust. in communi Banco 19 H. 8. 11. 30 H. 86. Feofment 47. 55 If I do covenant with I. S. that when he shall infeof one of three Acres I and my Heirs and Assignes will stand seised of other Lands to his use If I make a Feofment unto me that hath no notice of this use yet it I. S. do infeof me of their Acres the Feoffee shall be seised to the use of I. S. because it is a Springing use and the land is charged with that use in whose hands soever it come but if I have feoffed and they sell the said land to me that hath no notice of the use there the second Feoffees shall be seised to their own use 30 H. 8. 6. Feofments al use 50. 56 If I do buy lands and the Seller executeth an Estate unto me habendum imperpetuum without saying to my Heir the meaning of the Bargain being that I shall have the Fee-simple if the Seller do refuse to make further assurance I may compell by sub poena per Audley Cancell temp. H. 8. liber qui dicitur fundamentum legum Angliae B. consc. 25. 57 The Feoffee upon trust sold away part of the Lands and received money for it and the rest he kept and took the profits and dyed the Feoffor per Bill in Cancell recovered against the Feoffees Executor the money received the value of the profits per decretum in Cancell ex assensu omnium Iustic. aliorum de Concilio Regis praesentium pet. in Cancell de Anno 34 H. 6. CHAP. III. Of Copy-holds TEnant at will by Copy of Court Roll shall have a sub poena against his Lord if he put him out of his Tenâ—menâ— per Kirkby Magistrum Rotulornm Pool Serjeant in Canc. 32 H. 6. 21. Stat. sub poena 2. Note Littleton Serjeant said that he saw once that Tenant by Copy Court Roll sued a sub poena against his Lord and it was holden by the Justices that he should recover nothing but Daaby chief Justice of the common Pleas said that the Judgement was so given because he sued to have recovered the Free-hold whereunto he being a Copy-holder could have no right 7 E. 4. 19. sub poena 6. Tenant per Copie 10. CHAP. IV. Of Chattels Real ONe being bound in a Statute Merchant paid the money without having a Release and notwithstanding the Conusee sued Execution the Question was whether the Chancellor might grant a sub poena against the Conusee Fairfax Iust. and Hussey chief Justice of England said that he might not for it were no reason that the Testimony of two VVitnesses should defeat a matter of Râ—cord Cameâ—a Scacc. 22 E. 4. 6. Richard Reade had Execution of certain Lands upon a statute Merchant and the Debtor sold the Land to Sir William Capell who recovered the same by Default with Voucher against the Debtor whereupon William Capell entered and the Termor sued a sub poena and it was holden that if Reade had no remedy to falsifie this recovery then he should be restored in the Chancery by sub poena because it was done by Covin per Cancell Hussey Brian cap. Iust. 7 H. 7. 11. 12. b. consc. 8. b. Faux Recovery 25 If a Recovery be had against the Lessor and the Lessor for years do not pray to be received if by that means he have no remedy at the common Law he shall have remedy in the Chancery so that he were in Prison or beyond Sea or had any reasonable cause of his Default per Conisby Keble Serjeants but quaere it he had no such cause 7 H. 7. 10. If one make a Lease for years or grant his Lease for years to a use this grant and use is good notwithstanding the statute of Ann. 3 H. 7. cap. 15 uses 7. because the statute maketh onely these Gifts of Chattels void which were made to defraud Creditors 3 M. 16. Feofments al use 60. CHAP. V. Of Chattels Personals IT was agreed upon between I. S. and I. D. that I. D. should have certain Debts due unto I. S. by divers persons and I. D. did enter into Obligation to I. S. for the Government of certain summs in consideration of the same Debts and because there were but things in Action and that I had no remedy to recover the Debts by the common Law therefore I. D. sued a sub poena against I S. to be discharged of the Obligation by conscience and for so much as it appeared that by his Contract no Duty could rest in I. D. therefore it was decreed that I. D. should bring in the Obligation by conscience for so much it appeared that by his Contract no Duty could rest in I. D. therefore it was decreed that I. S. should bring in the Obligation to be cancelled or else release to I. D. per Canc cum opinione omnium Justiciar 37 H. 6. 13. b. Barr. 75. 6. consc. 4. 2 Sir Thomas Brown being possessed of certain Goods was attainted of Treason which Goods came to the hands of Iohn Brown the King by Patent gave the Goods unto Walwine and Walwine sued a sub poena against Iohn Brown for the Goods who came into the Chancery by Jenney his Counsel and demanded Judgement of the sub poena for that a sub poena doth not lie but where the party hath no remedy by the common Law and in this case the Complaintiff may have an Action of Detinue for the King might have had the like Action to whom it was answered by Greefield being the Complaintiffs Counsel that the King himself can have no Action by the common Law for Goods forfeited untill the Goods have been seised to his use or else that the Goods be proved to be his by matter of Record and yet the King hath Election to sue for them in what Court he will and so may his Patentee also the Grantee can have no Action for the Goods at the common Law without having had possession seeing they were granted to him as things in Action and the Court held that the sub poena did lie very well and John Brown was commanded to bring in an Inventory of the Goods against the next day or else to be committed to the Fleet in Cancell 39 H. 6. 26. b. conse. 6. A Clerk