THE privileges AND PREROGATIVES of the High Court of Chancery. Written by the Right honourable Thomas Lord Elsmere, late Lord chancellor of ENGLAND. LONDON, Printed for Henry shepherd. 1641. The Preface. THe gravity and discretion of the judge in a●tient time, hath been such, as in doubtful causes and especially for construction of Statutes, they desired to confer with the King's privy council, whereof there be many examples, some are cited in the Case of Post nati. And this aught to be specially regarded, where the authority and jurisdiction of the King's Court is to be brought into Dispute and question. For gravius privatorum damno peccatur, Bodm. lib. 3. Cap. 6. p. 425 Cùm inter summos Magistratus Curiasuè majores de imperio certatur. And in these cases the judges should first have private and loving Conference together, Bodm. lib. 3. Cap. 6. p. 425. before public disputes, according to the Emperor's command. Alloquere illum, nè rem injustam faciat. NOTES AND OBSERVAtions upon the Statutes of Magna Charta. cap. 9 and other Statutes concerning the proceedings in the Chancery, in cases of equity and Conscience. THe Statutes, Mag. Chart. which be now urged and stood upon against the Chancery, Cap. 9 are first Magna Charta, where the words be Nisi per legale iudicium parium suoz vel per legem terrae. It is lex terrae, that is, the judges of the Common Law shall determine questions in Law, and Pares & jurors to try matters in fact, so the Chancery is to order and decree matters of Conscience and Equity, which cannot be remedied by the strict rules of the common Law: And the same rule serveth for understanding, Stat. 25. Ed. 3. Cap. 4. the Statute Anno 25. Edward 3. cap. 4. Upon these words, Sic niscit duem enter mesne en-respons & soriudg d'icells per voy de lege. And it appeareth the cause of making that Statute, was to restrain private suggestions made to the King or to his council, but not meant to take away the ordinary judicial proceedings and hearing of Cases of conscience and equity in the Chancery. Hath the same words, Stat. 28. Ed. 3. Cap. 3. as Magna Charta, cap. 9 viz. Without being brought into answer by due process of Law: For understanding whereof, that is to be remembered, that those that are sued in the Chancery are brought to another by due process of law, for cases of equity and conscience as it is per legem terrae. Stat. 2. Ed. 3. That it shall not be commanded by the great seal or the little seal, Cap. 8. to disturb or detain common right: and though such commandment do come, the justices shall not therefore cease to do right in any point. For the understanding of this Statute. The ordinary judicial proceedings by the Chancery, according to conscience and equity, is not any disturbance, or delay of Common right. But is the doing of right and justice in cases, which the common Law cannot help, for common right standeth not only in the strict rigour, and extremity of the Law (for often summum ius oft summa injuria) but rather in the doing of right, according to equity and conscience: And the judges of the common Law themselves, do almost every day extend their discretion, to stay and mitigate the rigour and strictness of the common Law: and in so doing do, well notwithstanding the strict word of their oath. Declareth the law concerning writs of search, Stat. 14. Ed. 3. Cap. 14. and in the end of the same Statute, these words, viz. That by commandment of the great seal, no privy seal, nor point of this Statute, (viz. concerning Search) shall be put in delay. Nor that the justices, of whatsoever place they be, shall let to do the common law by commandment, which come to them under the Great seal or privy seal. The Common Law hath always allowed the proceedings in the Chancery, in cases of conscience and equity; and therefore the words (to do the Common law) must not be construed too precisely, as thereby stop all Courts of equity, for it standeth with the common law, as well that equity and conscience be ministered, where the common law cannot help, as that strict justice be ministered according to the common law, when the common law may serve. The Chancery doth not commonly send any Writ or commandment to the judges, under the great seal commanding them to stay to do justice, but awardeth injunction to the parties, that seek to have the advantage of the strictness of the common law, against equity and conscience: nevertheless there be plentiful examples that Writs of super sedeas, under the great seal have been directed to the judges, in diverse special causes, and have in all times (Until of late) been dutifully obeyed, as in cases of privilege and to stay their proceedings: Reges in consulto and divers others, &c. Also it is to be remembered, that many judges of the common Law have complained, and sued for remedy in the Chancery; and have been sued and answered there, and obeyed the orders of that Court in cases of equity and conscience, which could not be relieved by the Common law. This Statute is pursuing two former Stat. Stat. 42. Ed. 3. cap. 3. one 37. Edward 3. cap. 18. which giveth paenam Talionis, against those, which make false suggestions to the King: the other 38. Edward 3. cap. 9 which confirmeth the former statute in all things saving pro paena Talionis. And this 42. Edward 3. explaineth the two former, and provideth that the people be not grieved by false accusers which do often times make their accusements more for vengeance and singular profits then for the profits of the King and his people, and therefore ordaineth that none be put to answer (which is to be intended upon such accusation and false suggestions) without. 1. presentment before justices, or 2. matters of Record, 3 by due process, or 4. by Writ original according to the only law of the land. In this Statute, the intent is to be considered, first to explain, the second former statute Anno 27. Edw. 3. and Anno 38. Edw. 3. as is before noted, 2. that the ancient law of the land be observe, that is; That for matters determinable by the common law, none be put to answer, but by presentments or matters of Record, or by original writ, or by due process. But therein is not meant, that the ordinary judicial proceedings in the Chancery, in matters of equity and conscience (not being remediable by the Statutes of the common law) should be taken away or restrained: But that in such cases, they may proceed against parties called in by due process, for that is according to the ancient law of the land. So the practice and experience hath been ever since, which is the true and certain interpretation of that Statute and of all other Statutes. The words be these: Stat. 4. Hen. 4. Cap. 23. Whereas as well in plea real, or as in plea personal after judgement given in the Courts of our sovereign Lord the King, the parties be made to come upon grievous pains some time before the King's council, & sometime in the Parliament to answer thereof anew, to the impoverishment of the parties aforesaid, and subversion of the Common Law of the Land: It is ordained and established, that after judgement given in the Court of our sovereign Lord the King, the parties and their heirs thereof shall be in peace until the judgement shall be undone by attaint, or by error, if there be error, as hath been used by the laws in the time of the King's progenitors. For understanding of this Statute the question is, Whether there be any thing in the word or intent of this Statute to take away, or restrain, or impeach the jurisdiction of the Chancery to give remedy and relief according to conscience and equity in cases, which cannot be remedied by the strict rules of the common law, by attaint, or by Writ of error. For the resolving of this question, is to be considered, what hath been used by the laws, before the making of this Statute. And to this point I must say, I have not seen any record or precedent, that the Court of Chancery hath been restrained to hear and determine causes of conscience and equity, and to give relief accordingly, as well after, as before judgement given by the Judges of the Common Law. But before the making of this Statute; Vn. Stat. 29. there be many precedents and records to prove, Ed. 3. cap. 1. that the King and his council, and the King's Commissioners appointed to be auditors querelarum & Court of Rome, & some, pretending to have power and authority for the Pope, did take upon them to examine such judgements to reverse and undo the same, which seemeth to be the point remedied by this Statute: And this is within the direct and precise words of the Statute, whereupon it may be inferred and concluded, that is the words shall be taken precisely in the strict sense; Then the King himself and his counsel, and the Parliament, who in time of the King's progenitors, used to examine & reverse judgements, shall be bound and restrained by the Statute; But the Chancery meddleth not with the reversing of the judgements given by the judges of the common Law, but in allowing the same to be good and just, according to the strict rule of the Common Law (whereunto the judges are sworn) doth examine only the equity of the case, according to the rule of equity and conscience, and taketh order with the party, to do that which in equity and Conscience ought to be done, which the justices of the Common pleas hath no power to do, and that seemeth to be the true reason that the Statute doth not once mention the Chancery. And it cannot reasonably be conceived, that the Parliament meant to bind the Chancery (which is not named) or the King or his counsel and the Parliament itself, which are expressly named: That they should not relieve parties that are grieved by the Rigour of the common Law, against equity and conscience in cases, which the judges of the Common Law cannot relieve them by attaint, or error, or otherwise. For sententia judicis non praeiudicat veritati: And sicut res iudicata naturalem obligationem non tollit, Ita conspercatam, laesamque conscientiam non purgat: And some do aptly & truly define equity thus; In Casus. 192. in quae. Equitas est publici iuris moderatio apectore Regio, velut ab Oraculo petenda. And another saith thus, vel. & novi. lib. pradict.. Equitas in potestate moderatoris esse debet, multa contra scriptum facere et dicere: Another saith, Cap. Equitas iustitiae aciem retundit: And Saint Augustine, Lex quiaese ipsam molire non potest mitiganda est &. contemptus, fraus, & dolus, in Curia Regal, neminisubuenire debent. And furthermore for the true understanding of this Statute, and all other Statutes, this rule should be observed: 1. to understand, and consider what was the mischief at the Common Law, which the Parliament meant to remedy within this Statute. It appeareth to have been the reversing and undoing of judgements by the King or his counsel, or his Commissioners or Parliament, which might and aught to be examined by attaint or error, as is aforesaid, but not the ordinary juditiall proceedings in Chancery, according to equity and conscience to give relief to the party grieved, by the strict rigour of the Common Law or in cases which could not be remedied by attaint or error, or by any other ordinary means by course of the Common Law, and where they in that equitable, proceeding did not attempt to reverse or impeach the judgement given by the Common Law, but to admit and allow the same to be good and just, as is before declared. The next is how this Statute was understood and expounded at, and soon after the time of the making of that, for in all cases contemporanea expositio is specially to be regarded: and for it (as I said before) I have not seen any Record or Precedent that this Statute hath been expounded to restrain the Chancery, to proceed in their ordinary courses, to give relief in cases of equity, according to good conscience. Ne'er the time of the making of it, or many years after. And I suppose no such material or effectual record or precedent can be showed. And for later times as in the time of Henry the seventh, and since, the proceedings and examples be so frequent, and so plain & direct, as nothing is more common; and it is a certain and true rule Intellectus currit cum praxi. And if any ambiguity, or doubt should be conceived upon the words and intent of this Statute, sith it concerns the jurisdiction of the King's Courts, which have no power, nor authority but from the King whom they serve. One Court ought not to take upon them to judge and decide their own jurisdiction, and the jurisdiction of another of the King's Courts: But then Bractons' rule is to be holden: Bracton. lib. 2. fol. 34. (that is) that the King's interpretation is to be expected, Who is to declare and expound all doubtful or obscure words in Chartis Regiis & factis-regum: cap. 16. For all Statutes are facta regi●, made at the request and by the consent of the Lords spiritual and temporal, 22. Edw. 3. and the Commons. And where some new conceits have been lately imagined, that the party grieved should have complained before judgement or else not to be heard or relieved after judgement by reason of this Statute. This is but a cavil and a sophistical distinction not worthy the answering. For before he be hurt, he hath no cause to complain, & that, which hurts him, is the judgement grounded upon the strictness & rigour of the Common Law, against equity and conscience, and when he feels the wound, it is time for him to complain to seek remedy, by complaining of the wrong, which is done unto him by the rigour of the Common Law, contrary to equity and a good conscience, and of this sort be the precedents and examples before mentioned. Lastly it is to be lamented that the ancient common laws are so much neglected and contemned, and almost grown obsolete and out of use: that for the most part, we have not the substance but the shadow of the ancient Common Law, Manet magni nominis umbra: and therefore his majesty at the first beginning of his gracious reign of England, King James. did most princely, prudently, and judiciously show his mislike of the incertainty of the judicature in his Courts of justice in England, and require and commanded his judges to take mature consideration of it. What followed I will say nothing. Wherefore let the judges now consider, how they observe in their Courts and proceedings, the words and intent of this Statute, whether after judgements the parties be in peace, until the judgement be undone by attaint, or error, whether after judgements in Writs of error firm, they suffer not new Actions, and verdict, against verdict, and judgement; against judgement without attaint or error to the manifest deluding of the true and ancient maxims of the common Law, and without regarding of the words of the Statute. And thus suits for one, and the self same cause, are carried from Court to Court, as power and might of the parties, or favour or affection of the judges, or corruption of sheriffs or subordination or perjury of Witnesses or such like shifts or tricks can best accommodate the business. De Chartis regiis & factis regum, Bracton. lib. non debent, nec possunt justiciarij, 1. fol. 34. cap. 16. nec privatae personae disputare, nec etiam nisi illâ dubitatio oriatur, possunt eam interpretari & in dubiis▪ et obscuris, vel si aliqua dictio duos contineat intellectus Domini regis erit expectanda interpretatio & voluntas eius sit interpretari, cujus est condere. Maneant termini patrum, & inter fines proprios se quisque contineat, Leo. Epist. 67. & 94. Sufficiant limites, quos sanctorum patrum providentissima decreta Posucrunt. Some notes and observations upon the Statutes of Provisoes and Praemunire especially concerning the chancery and other Courts of equity. Stat. 25. Ed. 3. Cap. 22. The words be, 1. because some do purchase in the Court of Rome provisions, to have abbeys and Priories in England in destruction of the realm, and of holy religion, it is accorded that every man that purchaseth such provisions of abbeys and Priories, that he and his executors, and procurators, which do sue and make execution of such provisions, shall be out of the King's protection, and that a man may do with them, as of enemies of our sovereign Lord the King and his realm. Note the usurpation of the Church of Rome in this Case judged at this time, Note. to be the destruction of the realm and of Religion. And the party himself and his Executors and procurators putting in execution such provisions, judged to be enemies of the King and realm, and out of the King's protection, (and so in worse degree than traitors) and that therefore every man might justify the taking of their goods, and killing of them, and not to be impeached for it. There is another Statute entitled Statute de provisorib. Anno 25. declaring the great mischief that the King and the realm sustained, Edwad 3. by the usurpation of the Pope, in cases of provisions and reservations of Benefices, reciting the laws ordained by King Edward the first, and adding further remedy, and severe punishment against the offenders; and that no process or suit should be in these cases in the Court of Rome, nor in no part else where. Both these Statutes were specially provided to restrain the usurpation of the Pope, and the Churches of Rome in these cases of provisions, and reservations. By the Statute Anno 27. Stat. 27. Ed. 3. Cap. 1. Edward 3. it appeareth, That notwithstanding the two former statutes Anno 25. Edward 3. yet the usurpation of the Pope, and the Church of Rome, was so exorbitant, that the Nobles and Commons complained in this Parliament, and prayed further remedy for the same, alleging that divers of the people have been drawn out of the realm, to answer of things whereof cognisance pertaineth to the King's Court, or of things whereof judgements be given in the King's Court, or which sue in another Court, to defeat or impeach the judgements given in the King's Court, in prejudice and disherison of the King and his crown, and of all the people of his realm, and the undoing and distraction of the Common Law of the same realm at all times used. This is the mischief, which was complained of and was desired to be remedied. The Offenders, against whom remedy is sought, are these, which draw any out of the realm by plea. Wherefore the cognisance being to the King's Court or of things, whereof judgements be given in the King's Court, or which do sue in another Court, to defeat or impeach the judgements given in the King's Court. Then the remedy provided is, That such offenders shall receive punishment by two months, to be before the King and his counsel, or in his Chancery, or before the King's justices of the one Bench or other, or before the justices of the King, which to the same shall be deputed to answer in proper person to the King for their contempt done in this behalf, and if they come not, then to be out of the King's Protection, &c. Provided, that when they do come before, they be outlawed, they shall be received to answer. Now it will appear manifestly that the intent of the Parliament, was not to restrain or punish any that complained and sued in the Chancery, to be releived according to equity and Conscience; In Cases wherein, by the strict rules and rights of the Common Law, the judges of the Common Law could not relieve them, neither are there any words in the Statute, which can without violence be strained or reathed to serve any such unreasonable Construction: For the better understanding hereof, the parts of the Statute are to be divided and severally considered. 1. As first the mischief complained of. 2. The offenders, against whom, the Complaint is. 3. The remedy provided, and against whom, the form of proceeding therein. For the mischief, the Parliament finding, that the Pope and Court of Rome did not only continue their usurpation in the Cases mentioned in the former Statute. An. 25. Ed. 3. But did also extend it further in drawing the people out of the realm to answer things, whereof the cognisance pertaineth to the King's Court, or of things whereof judgements be given in the King's Court, or by suit in another Court, to defeat or impeach the judgements given in the King's Court; In prejudice, &c. In the preamble, wherein this mischief is declared, it appeareth that the drawing of the people out of the realm to answer to those Cases, specially remembered, was the grief of the people, for which they prayed remedy. But by suits in the Chancery to be relieved according to equity and conscience in cases, in which the judges of the Common Law could not give remedy, the people were not driven out of the realm, nor judgement given in the King's Courts, were not sought to be defeated or impeached, but conscience and equity to be observed. Nor such suits in the Chancery cannot be accounted to be any other court then the King's Court; For the Chancery is one of the King's supreme Courts of justice, and as much or more grieved by the inordinate usurpation of the Pope and his Courts as any other of the King's Courts: Neither could such suits in the Chancery being the Kings own supreme court, be in prejudice or disherison of the King and his crown, and of his people; or the undoing or destruction of the Common Law at all times used; And I suppose there can no record or warrantable precedent be showed that such proceedings in the Chancery hath in times before used (that is before. 27. Ed. 3.) Been construed to be the undoing or destruction of the Common Law. And hereupon it may be inferred and concluded, that those, which complain and sue in the Chancery for relief and remedy, according to equity and conscience, in such cases as the judges of the Common Law cannot remedy, are not any offenders within the words or meaning of this Statute. And this will appear more plainly by the remedy, which is provided; that is, that the offenders shall have garnishment by two months, to appear before such judges, as are assigned to give remedy in the causes before mentioned in the Statute, which are these: The King and his counsel the Chan. the justices of one Bench or the other, or other justices of the Kings, which shall be deputed. Wherein is to be noted, that the Chancery is the second Court that is appointed to give justice against such offenders, as the Parliament meant, and is placed next after the King and his council, and before the judges of the one Bench or the other (between whom the Parliament giveth no priority nor precedent) & addeth such other justices as the King shall depute: By which power the King may by the Statute exclude both these Courts, & appoint other justices, if it shall please him so to do. Now it is too absurd to say or imagine that the ordinary and judicial proceedings in the Chancery by the Kings own Authority, in cases before remembered can be in prejudice or disherision of the King or his crown or destruction of the Common Law; or that the Parliament did so meant or understand, scythe they have designed the Chancery to be a special or prime Court to punish offenders against the said Statute. And to resort to the true rule Contemporanea expositio, for Intellectus currit cum praxi. I have not seen nor heard that any person hath been charged, or impeached by suit in the nature of a Praemunire upon this Statute for sueing in the Chancery in the Cases before remembered, or in any other like cases. The Statute 27. Ed. 3. was grounded upon the exorbitant usurpations of the Pope and Church of Rome, which were in some sort provided for, by the former Statutes An. 25. Ed. 3. But the Parliament Anno 27. Ed. 3. finding the same too weak, and the Church of Rome did not only continue their former usurpations, but did daily increase the same more and more, did therefore devise further remedy against their insolent and outrageous excess. Wherein appeareth that the special mark, whereunto both those Parliaments aimed & directed their Actions, was to provide and give remedy against the wicked proceedings of the Pope and Court of Rome, and not to restrain the jurisdiction and authority of any of the Kings own Courts in their ordinary and judicial proceedings, either in law or equity, and by that, which is before remembered, is sufficiently declared, yet the same is made more manifest by the Statute Anno 38. Ed. 3. Stat. 2. cap. 1. 2. 3. 4. By which it appeareth that in 9 years' space, after the Parliament An. 27. Ed. 3. the Pope and Church of Rome ceased not to go on still in their wicked and inormious usurpations upon the king & the Crown, and therefore that Parliament Anno 38. Ed. 3. declareth plainly, that it was the Court of Rome, that dealt in cases, whereof the cognisance and small discussions pertain to the King and his royal Court; and for remedy thereof ordaineth, that the former Statute made Anno 25. Ed. 3. and Anno 27. Ed. 3. shall be in all things affirmed and executed, adding also some further punishments and provisions against the offenders, directing the proceeding therein to be before the King and his council, only without mentioning any other Courts, as 27. Ed. 3. did. So as upon conferring together these three Statutes viz. 25. 27. and 38. Ed. 3. it appeareth that the intent of all these Parliaments was only to punish offenders, that maintained the usurped and pretended authority of the Pope, & Church of Rome, and prosecuted any Action or suit by virtue of the same in any case, whereof the cognisance and final discussing pertained to the King and his Courts; And therefore if any doubt be conceived upon any words in the Statute 27 Ed. 3. it is to be explained by the Statute 25. Ed. 3. going before, and the Statute 38. Ed. 3. coming after. After all these Statutes, Stat. 16. Ric. 2. Cap. 5. yet ambitious usurpers, and greedy covetous extortions of the Pope and Court of Rome ceased not, but still continued and increased more and more, where-upon the Parliament Anno 16. Rich. 2. chap. reciting some particular cases, viz that judgements being given in the King's Courts for recovery of presentments to Churches, & Benefices, and the same judgements duly executed by the Archbishop and Bishop as they ought to be; That thereupon the Archbishop and Bishop have excommunicated by the Pope's censure for executing of the same judgements. And also that the Pope did ordain and purpose to translate some Prelates out of the realm, and some from one bishopric to another within the realm, without the assent or knowledge of the King, by which the king should be destitute of his council; and the treasure of the realm to be made away out of the realm, and so the Regality & crown should be made subject to the Pope in perpetual destruction of the King and his crown, and all the realm. In which cases, and in all other cases attempted against the King, his crown, and regality, the Lords temporal and Commons, did promise to stand with the King and the crown, and to live and die; and the Lords spiritual promised also, to stand with the King in the cases before mentioned, and in all other cases bound by their allegiance with a special protestation and saving of the Pope's authority in excommunicating of Bishops, and translating of Prelates, according to the laws of the holy Church, & thereupon it is ordained and enacted, that if any purchase or pursue in the Court of Rome or elsewhere, any such translations, processes, and sentences of excommunication, Bills, Instruments or other things, which touch the King, against him, his crown and Regality, or his realm, as is aforesaid: And they, which bring or receive the same within the realm, or make thereof notification or any other execution within, or without that they, &c. shall forfeit, &c. and to be put out of the King's protection, & be attached, &c. and sue in process of praemunire, &c. And against others, which sue in other courts in derogation of the King's royalty. By this it appeareth plainly, that the Pope and Court of Rome continued still, and proceeded further in their exorbitant usurpatiou upon the crown and King's royalty, and the common laws of the kingdom; So this Parliament endavoured to meet with, and stand with the same, namely in the particular cases, which are specially mentioned, viz. Concerning judgements given in the King's Court in these pleas and cases, and in translating of Prelates &c. and in other cases attempted against the King's crown and Regality; But it is manifest, that the intent and the scope and drift of the Parliament was only against the Pope and Court of Rome, and against those persons, that pursue any such Translations, process, &c. or other things, which touch the King, or against his Crown, or Regality or his realm as is aforesaid, and which being, notify or execute the same within the realm or without, these be offenders, which the Parliament had cause, and meant to punish; and it is strange and improbable that any learned judge of the Common Laws of England, should stretch or extend the words of this Statute further, then only against the usurped authority of the Pope, and Church of Rome; But it seemeth that some that take pleasure ludere in vorbis, dormitare in sensibus, and to dispute de apicibus juris, equi & boni ratione praetermissâ, and to profess learning peritiâ literali non intelligentiâ spirituali; And so are contented verba legis tenere & vim legis ignorare, have gone about to press and strain the word of this Statute, not only against the Pope and Church of Rome, but also against the Kings own High Court of Chancery, and other his majesty's Courts of equity in England, grounding, their opinion and conceit upon these words of the Statute. If any purchase, in the Court of Rome or else where, any such Translations, or processes, or other things which touch the King: And for the better understanding hereof, it is to be remembered, that the Pope & Court of Rome kept their sieges and Court not at Rome only, but sometimes at Avignion, sometimes at other places; and divers Antipopes being at one and the self same time, kept their several sieges and Courts at several places, and yet each of them challenged, and pretended to have supreme jurisdiction, power, and authority over and above the King and his Crown, & regality in the cases before remenbred; And therefore it was requisite and necessary for the King and the Parliament to withstand and provide remedy against the same. And that is the true and right understanding of Ou Aylors: For it is too absurd to say, or imagine that the King or Parliament meant to extend the same against the Kings own Courts of equity in England, which dirived their authority and jurisdiction from him only: and heard and determined, as his substitutes, according to equity and conscience, such cases as the judges of the common Law could not by the strict rules of the Common law judge & determine. These Courts and the judges, & Ministers thereof, the King had power to suppesse, altar, and punish at his pleasure, and therefore against these the Lords temporal and Commons needed not to engage themselves to stand with the King and the crown, and to live and die, Nor the Lords spiritual & clergy to promise to stand with the King, as they were bound by their allegiance, with their Cautious protestations for the ordinary, legal & judicial proceedings, the Chancery and Courts of equity according to conscience. The King, nor his crown, nor Regality, nor the Common Law were not in any danger, but the danger was by the ambitious usurpation of the Pope, and the Church of Rome, and by the proceedings in the Courts holden by that usurped authority; and therefore against them the Parliament provide this Statute following, the example of the former Parliament 25. Ed. 3. 27. Ed. 3. and 38. Ed. 3. and those be the Courts which this Parliament, & the Parliament Anno 27. Ed. 3. cap. 1. noted to be in derogation of the King's regality and destruction of the Common Law, but not the Kings own Courts of equity and Conscience. And for the further clearing of this doubt, if it be worthy to be made a doubt, how these words ou Ayllors shall be understood, in the 5. Ed. 4. there is this note, An. 5. Ed. 4. 6. 9 Nota, que le statute de praemunire est in Curiâ Romanâ Vel alibi: lequel alibi, est intendue en les courts del evesques illmit, que sihome soite excompe en court del evesques perchose que appent all royal majesty ses shose alcomen leap ill aur praemunire & issent adjudge & fith: abridging that case saith, praemunire. that 11. Hen. 7. the opinion of the Court was so, which he himself heard. By which it appeareth, that the judges did then understand the proceedings by the Bishops in the spiritual Courts, which was by authority derived from the Pope and Church of Rome, was only meant by the word vel alibi. But not the proceedings in the Kings own Court of Chancery by authority derived from him only in cases of equity and Conscience not remediable, otherwise for that were to set the King against himself, which is too inconvenient and absurd. FINIS.