Certain OBSERVATIONS Concerning the Office of the Lord Chancellor.  
Composed by the Right honourable, and most Learned, Thomas Lord Ellesmere, late Lord CHANCELLOR of ENGLAND.  
Whereunto is annexed a perfect Table, and a methodical Analysis of the whole Treatise.  
LONDON, Printed for Matthew Walbanck, at Grays-inn Gate; for Henry Twyford, in Vine Court, Middle Temple, and John Place, at Furnivals inn Gate 1651.   

TO THE READER.  
Courteous Reader,  
SOme years past, the Copy of this Treatise was delivered unto me by John Harding, late of Gray's inn, Esquire, deceased, and one of the Readers of that Honourable Society, and by him then affirmed to be composed by the Right Honourable, and most learned, Thomas Lord Ellesmere, Lord Chancellor of England, of whose great and eminent abilities I dare not presume to speak, being so unable and unworthy to be a judge of, and the rather I am confident no man will be so hardy as to detract from the memory of so famous a Statesman.   

A Perfect Table of the most notable matters contained in the first Part of this Treatise.  

CHancellor, his name in several Languages. Page 1.  
His Antiquity, and Authority here, and in other foreign Nations. 3, 4, &c.  
His name and office in France from the time of Charles the Great. 8.  
And in England from the time of Edward the Confessor. 12, 13, &c.  
Cancillarii Regis and Cancellarii Reg●i, 14.  
Simon the Norman the first sole Keeper of the Great Seal, about 23 H 3. ibid.  
Sometimes there were two Keepers and sometimes three. 15.  
Chancellor and his Election of divers sorts, and of divers degrees. ib. & 18, 19  
Chancellor, chief justice, and Treasurer, their Election belongeth to the Parliament. 16.  
Patents of the office, and their several forms. 16, 17.  
Chancery, the nature and orginal thereof. 21.  
Chancellor, his ordinary Authority, when it began. 26, 27.  
Much enlarged by 36 E. 3. 28  
His absolute power whereupon it was grounded. ibi.  
Error there reversable only in Parl. 30.  
No prejudice for mispleading there, or default of form. ibid.  
Process is a Subpoena, and the order of Proceeding in the Court. 31  
The judge of the Court. 31.  
How the seal is to be ordered. 32.  
The form and fashion thereof. 33.  
The Assistants to the Lord Chancellor. 36  
Master of the rolls. ibid.  
The Officers of the Court. 37, 38, &c.  
And their privilege. 40.  
The manner of proceeding, and the matter of the subject, from 44, to 120.   
See in the end of this Treatise an exact Summary or Analysis of the whole book most methodically composed by the Author thereof.   


These books following are Printed and to be sold for Matthew Walbanck at Gray's inn Gate, for Henry Twyford in Vine Court, middle Temple, and John Place at Furnival's inn Gate, 1651.  
PErfect conweyancer,  
Mirror justice,  
Abridgement of Lord Coke Reports,  
Abridgement of Lord Dyers Reports,  
Abridgement of Plowdens' Reports,  
Perkins Law: English.  
Actions Slander,  
Marches Reports.  
History of Normans both parts,  
Parson's Law,  
Privilege of Parliaments,  
Young clerk's Guide,  
Collins justice of Peace,  
Paul's progress,  
Attorney Common-pleas,  
Attorneys academy,  
Terms of the Law,  
Father's Legacy,  
Complete Parson,  
Book of oaths,  
Habeas Corpus,  
Woman's Lawyer,  
Liberty Subject,  
Wards and Liveries,  
Wilkinsons Sheriff,  
Derhams Manuel,  
Letter Writer,  
Amends for Ladies,  
Bancroft's Epigrams,  
English grammar,  
Lee; Caesar. Mr. Williams in Paul's Church yard sells them,  
Thorp's charge,  
Edgar's charge,   

Books sold by W. Lee, M. Walbanck, D. Pakeman, G. Bedell.  
Touchstone of common assurances, by William Shepheard, Esquire,  
Fleta, corrected and enlarged by Io: Selden, Esquire.  
Three Readings. One by Sir James Dyer, one by Sir John Bregrave, one by Thomas Risden, Esquire.   

Books sold by John Place.  
Transactions of the high Court of Chancery' both by practice and precedent, with fees and special orders in extraordinary cases▪ by Wil. Tothill, Esq; and revived by Sir Robert Holborn, late Bencher of Lincoln's inn.  
Clarastella, with pious occasional Elegies, Epigrams and satyrs, by Robert Heath, Esq;  
Vade mecum▪ being the substance of all Statutes, useful for a Justice of Peace, by Val. Young, Esquire    

Certain OBSERVATIONS concerning the Office of the Lord CHANCELLOR.  
HAVING endeavoured (for duties sake) some what to consider the nature of this high Place & Dignity, for two causes, chiefly, I was much discouraged. For neither could I remember any man in this kind of discourse to have been employed; Neither any judge or Potentate with whom this Magistrate may be compared, and herein the more I searched, the more I found myself confounded.  

2 Sam. 8. 16.  IN THE Eighth Chapter of the Second of Samuel Jehosaphat the son of Ah●lud, the Chancellor among the Hebrews, as the second of David his chief Officers, is termed Mazur; in he Greek, Ananinnescoon, by Tremelius and J●aius translated (a Memoria or Monitor) by the Spaniard Chanciller▪ which is all one with Cancellarius or a Comentarijs; by the Italian, Seritor de le cousin fat, in the Dutch Cantzfe●, in the French Chroniqueur, and in our English Translation, a Recorder, In the fift place is called Serayah, and he is called Sopher, which in all the aforesaid Translations is termed Scriba or Sec●etarius, saving that the Italian doth name him Cancellario. Sebastian Munster conceiveth Mazur to be a Comentarius, and he was ordained saith he, to be the principal Master to note such things as were worthy of remembrance, or as Solomon saith, his Office consisted in this point, to report the actions of old time unto the King, and Sopher was appointed to Record them; Herewith agreeth (for the signification of the words) the twentieth of the same book of Samuel, and the fourth Chapter of the first of the Kings; But whether the Lord Chancellor of England as now he is, may be properly termed Sopher or Mazur, it may receive some needless question, howbeit it cannot be doubted but his Office doth participate of both their Functions, being by William the Conquer our appointed Magister Collegij Scribabarum, by the same King instituted in the third year of his reign, (as writeth Polydore) and likewise having had the keeping of the Rolls of Records as Bracton witnesseth, either at the same time that the Common place was erected, which was about the ninth year of Henry the third, or not long after. But something more near to our name of Chancellor, I find the Hebrew word Kinkall, in Greek Knilizo, and in Latin Cancello, whereof cometh Kankill, in Greek Knilis, and in Latin Cancellus, and thereof not unproperly Cancellarius, as he s●teth intra Cancellos legis, (viz.) & Conscientiae, or otherwise a Cancellando, as shall be afterwards touched. Notwithstanding for that I find the word Mazur better avowed than this latter, and I do not remember much mention to be made of any great Officer among the Grecians near sounding to Kniklum, I will content myself with the former name only of the H●bricians, without further consideration of his Authority in Jury, notwithstanding with this observation, that long time before this Monarchy of the Hebrews, a special privilege of Jurisdiction in Difficult matters was reserved to Moses wherein he might demean his decrees according to the Information of his good conscience, for so it may be understood if I be not deceived that in those cases he asked counsel of God, who gave him Warrant of his Authority, and therefore some have not feared to call him Cancellariu Dei: So was Joseph said to be Pharaoh's Chancellor, and therefore his Successors the Chancellors in our days, are called Patres Patriae, as he was Patriarcha; and as the King only was in seat superior unto him, so is the Chancellor with us at this day, Primus post Regem, & secundus in ordine of any temporal Magistrate.  
And surely if in Greece I should look for a meet pattern and precedent to this purpose, I would hope to find him in the commonwealth of the Athenians, where from the time of the first King Cecrops unto the (Athentes Anno) I dare be bold ●o affirm, that little light would be given unto ●ny man much better conversant in the Greekish Histories than myself, and from the same time into the Tyranny of ●isistratus, from thence to ●e renewed Domecticy, after the Domination of Antigonus, I cannot single out any one Justicer of ●ike quality, unless I might allow that Solon was therefore Chancellor for that he did moderate and temper the positive Laws of Draco by his discretion, as well in decreeing as in execution, the which ●berty and power was after attributed to the Nemoth●tae, not those which did make laws, but those that did allow or reform the laws already famed; But me seemeth the chiefest part of our ●han cellors' Office may be applied to the Senate ●o whom the power was given of making decrees in the causes of private persons and the holding of daily accidents, but so as that they did not oppugn or contrary the laws positive. And further we may say of him, that he hath Jus consultand● with their Demarches, Jus judicandi between Citizen and Citizen, with Action between Citizen and Alie● with their Polymarchus, whom the Masters of the Rolls, and the Masters of the Chancery are Paredri to inform him of the law, as shall more easily be gathered in the process of this Treaty, and that he hath jus imperandi and Principatio judicior. with the A●opagitae; and further that he may multum irr●ga●e with the aforesaid The smothetae, whereof it followeth that he is undoubtedly a most absolute Magistrate, and for that he hath closed in his office a credit for conservation of the peace over all the Realm, with shall not be amiss to call him Nomophilax with this remembrance that Plutarch writeth, Eumenes Cardiqnus to be Archigrammatea Alexandri magni Valgo Cancellarium ac principem Scribarum qui l●gothet● in regno & petitiones de●retabat quos signabit & in eis se suseridebat.  
In the policy of the Roman Empire, I meet not with one example, saving that by report of Dyonisius the best and worthiest of the hundreth Senators was chosen by Romulus, to whom oversight of Justice, the appeasing of Tumults, and the conservation of peace in the City, was appointed at such times as the K. was otherwise busied in the expedition of warfare, not unlike to the Ordinance of Ed●. the 3. who in the twentieth year of his reign addressing himself to his wars upon the French, did then authorise the Chancellor and the Treasurer of England, to hear and determine of all complaints against extortion of Officers maintenance, imbracery, and such like offences, by which authority he procured to be confirmed unto them by Act of Parliament, and so it is at this day. The Chancellor of France, V●carius Regis and as will appear hereafter; and that there was no other Magistrates in the time of the Roman Kings is expressed by the same Dyonisius excepting only Tribunus Celerum, which was Militaris, and as some hold opinion, certain Quaesteres for oversight o the Treasury, sent but otherwise in Rome omnia Regum Arbitrio administrata sunt; in imitation whereof, the two great Officers of France, which are preferred before all other▪ Et semper adsunt ad latu, principis, are the Constable of the Kingdom and the Chancellor, which is called Quaestor by some writers. Now in the permanent and ordinary offices of their popular government, what Magistrate might be so mighty or general in his Jurisdiction, as is the present pre-eminence of the Chancellor? I speak not of the Consuls of Dictators, which did want nothing at all but the title and the denomination only of Kings and chief Rulers. Herbert Budaeus doth not stick to call him Praefectum praetorio, and further (qui loco Dictatoris sit) that our Chancellor hath Jus ●dicendi, appears by his rules and orders for matters of Consclence in the Chancery, which do especially concern his absolute Authority, Jus judicandi upon Audita qu●relaes, Petitions de droit, &c. where he judgeth according to form of Common Law, jus cogendi, by his service of the Mace, and jus coercendi, for over all the Realm he hath authority to command a man to Prison: How he might be termed Censor, in that he sendeth for the Commissioners for survey of Armour, &c. Aedi●es in the prising of Wines and Fish, &c. in the appointing of Sewers, &c. And so to compare him with the several Officers of that commonwealth, by reason of his several qualities it were both tedious and impertinent, only I have thought convenient to term him praetor for these congruities: First quoad cognitionem, then quead curationem. The Cognizance of the praetor was either 
praetor.  domestical or Popular, domestical whereby he might hear the Complaints of every private man which his Palace and in his own Chamber, Ministrante at que admittente Cubiculario, and order them by the Law of his Reason, the which orders were engrossed by any one of his Clarks and sealed with his own signet; Popular when he sat in Basilie● or in Foro, where he was Circumdatus Cancell●s, and had attendant upon him, Scribes, criers of the Court, and sergeants, and this was called Locus sta●uendi, in whose constitutions there were two kinds, one of decreeing, another of giving judgement. He was said to decree when without the counsel or advise of the Judge he would manumiss, emancipate, award possessions of lands and goods, commit wardship of pupils, grant injunctions, and generally when without assistance of a Judge he did hold cognizance of causes and determine thereof as he thought convenient, and in this manner of Cognizance sometimes he would statuere sine Judice, sometime he would Rem iudicibus Statuendum permittere, as we may fitly translate to dismiss them to the Common law. It was said the judgement of the praetor either when he proceeded to judgement according to leges Regis, duodecim tabulas, Jus civil, leges, plebiscita, or Senatus Consulta, and herein his authority was not absolute as in the other, or where himself did hear and define, remitting the sentence of judgement to be pronounced by the Judges, in this kind our Chancellor and their Pretor●oe differ, especially for that the praetor would at his entry into that Office, publish and propound certain Edicts, which were principles and fountains out of the which he would derive his decrees. But what names or general notions the Lord Chancellor doth assign unto himself for limitation of equity and direction of his Conscience that lieth hidden and concealed in his own breast, for as saith Lindwood, Conscientia est cognition sui ipsuis Cordis & Conscientiae alicujus quando quid relinquitur ipsemet erit judex &c. Whereby the man of Law is not able to inform his client what is like to become of his action, or whether it be determinable in the Court of Chancery, or to be tried at Common Law. But to give some understanding of such matters as are proper to this Court, so far forth as the absolute power of the Chancellor extendeth, there shall be set here under a competent store of cases whereupon reasonable conjecture may be grounded what is like to fall out in matters of many natures; But of his ordinary power of Judge, and of his Office as he is the Prince's Minister, they shall not in this discourse be largely handled in particular, but only touched (obiter) in a word or two. And thus much of Rome, calling to mind by the way that Tribonianus to Justinian, Seneca to Nero, ulpian to Alexander the Pope, are reported to have been Chancellor.  

The Chancellor of France.  And now in the mean time let us in short have regard to the Chancellor of France, and to the great Chancery of that kingdom which cometh nearest to ourselves, and would be much resemblance of the form & force of our English Chancery, had not the Court of Requests been enacted by Commission from K. H. the 8. before which time the Masters of Requests had no warrant of ordinary Jurisdiction.  
We are to give credit unto the histories of France, which do: report the first Chancellor of that kingdom to be ordained by Charles the Great, and that his authority was enlarged by Charles the wise the fist of that name. It may be gathered out of these words of Divus Lucius which I do therefore report in Latin as he writ them, for that they be significant, Constitutionum Ca●oli quinti Supremus o●ni●m ordinum & honorum Cancellarius (quique subinde Regi a Consi●●s intimis statent, exhibit is tactisque sanctis Evangelijs in manu Regia in ●oec verba j●rabunt, quod sci●cet et nullum faedus nec ullum conspirationem ini●●ut inter ●os & si quia a quoquam contra fieret a statu su● dejectus exauthorazetur.  
Per insignem dignamque Majestatis regiae huc referre libuit modum quem Carolus ille q●●ntus cognomine sapiens in ●ligend● & designando supremo 〈◊〉 Nom●●hylice Cancel●arie non minus cite quam sancte observavit, cum ad c●ntum & trigint. ade●sent p●tres conscripti octo juri a libellis Proceres caeterisque rati●●ales, eos a conclavi Rex ab●re & exire jussit, postea sigillatim omnes ad unum accersunt, & Jure jurando adegit, ut bona fide quem e Republica huno nomophylacy putarent esse ●erficiendum utrius li●et status sacrae aut Secularis hominem profiterentur latis suffragiis Petrus Orgs Montius Latinacensis Episcopus Centum quïnque puncta & tabulas tulit. Tumille ut ingenius erat semoribus minimeque ambitiosus tanto huic munere (ne dicam on●ri) sese longe imparem excusare. Ac vero Rex tot tantisque ca●culis a●probatum sibi & jam valde probari testatus est signaque Codi cillaria ei in manus dando ab co jusjurandum Sacrosancto per Evangelia excepit sub ijs concept is verbis Tuo Juramento firmas Orge menti Regi te obsequentissimum sore. That you shall give unto him faithful advice and counsel and such as shall be for his commodity and convenient for his Majesty, as also for the profit of him and the commonwealth: That you shall never put yourself under the obedience of other than of Him, that you shall preserve to the uttermost of your power the revenue of the King and of the crown, that you shall never receive nor accept without his consent, any gown, cloak, Fee or wages, present or profit whatsoever of any other than of him; that for favour, affection or hatred, you shall do nothing, and if at this present you are bound by Oath to any Lord or Lady, or have been so heretofore, that you forsake and renounce it wholly.  
Hereout may be collected the pre-eminence, election, and duty of the Chancellor, if we add hereunto the Words of burdens, That body ejus par●es primoe sunt videre ut nulla principis constitutio, nulla Sanctio, nullum diploma, nullum Res●rip●um, nulli Cudicilli Regij none Republica atque etiam e dignitate Reipublicae principaliqu● exeant cujus censurae aut stilo principum Majestas acts sua eximi volunt, denique qui principis pr●sentis viarius pera●ere agente Interrex quod a morbo esse censetur Jare & proprie Nomophilax legum presidium Juris Assylum id quod E Papiniano quondam dictum est morum institurorum quae ara ●qui bonique Columen appellari potest atque etiam debet id quae creder eme cogit consensus fere hominum institutum quae quod eam quasi per manus traditum caput eum per verticem Justic. appellantum. And namely it is to be noted, that he might be of either State, ecclesiastical or temporal, religious or secular, for the order of all the Chancery Courts in France may be seen one A●re● in the time of Charles the 7th. another of Charles the 8th. and that the High Court of Chancery which followeth the King at this day, was ordained by jews the 12th. may appear by the Ordinance of the same King. Anno 1498. as also by the acts of Francis the First, Anno 1540 and of Charles the 9th. Anno 1560.  
There are two Seals belonging to the Chancery, one is the great Seal wherewith are sealed letters of grace, & the other called the Common Seal, lesser than the former, wherewith are sealed the writs of simple Justice, and so have I heard a motion to be made for a like little seal proper and peculiar for the sealing of Writs original in our Chancery, all Letters Patents of the King, arrests and ordinances made and agreed in the Privy counsel, are sealed with the seal of the King, either by the Chancellor or Keeper of the seal in the great Chancery, which followeth the Court, For in France they have a chief or principal Chancery attendant upon the King in the which the Chancellor of France doth exercise the office of Sealing, or else his commissary assisted with the King's Secretaries which of right have a certain Fee out of every Patent by them signed, and also with the Masters of Requests which have the oversight and admitment of all such Writs and Patents as are to be sealed, and moreover in every Parliament of France there is by the King of France established a Chancery, wherein is placed a Keeper of the seal, a certain number of Secretaryes as in the former, which are said subscripti in sublevamen Cancellarij propter multitudinem negotiorum in Cancellaria & Curia Regis affluentium; and likewise as are in the Great Chancery, there is one Audiencer, one controller, and one Referendary or Recorder, The Chancellor if he do exercise his Office, hath for wages by the year eighteen thousand French livers and having a Keeper of the seal substituted he received twelve thousand Livers, and six thousand Livers are assigned unto him, principally for the entertainment of the Masters of Requests, which do ordinarily dine at the Lord chancellor's Table in their turn of quarters, he hath also besides his wages many other rights and duties, as at the entry of Kings into cities, he hath a garment of cloth of Gold, and yearly he hath certain else of Velvet, a certain number of lights, and an allowance of Wax, the Chancellor ought not nor may not pass any writing under seal, contrary to the deliberation and determination of the Privy council, neither whereof any doubt is moved by any Master of Requests of the household, but he ought to send the same to the council for a resolution.  
Of those which have access to the Seal we may place in order next to the Chancellor, the Master of Requests, which are appointed him for surveyors and examiners of such writings as pass the seal, especially of Patents and Commissions and all other persons whatsoever are forbidden to enter at Sealing time, saving the King's Secretaries, the Audiencers, the controller, the Procurator general, which is ordained in the said Chancery, and the C●afewax.  
By this appeareth the name, and some part of the Office of the Chancellor of France, to be given by Cha●lemain, more than one hundred years before the time of Edward the Confessor, in whose days began the name of our English Chancellors according to the assertion of Florentius Wigornensis, for that the aforesaid Edward having spent a great part of his Age in Normandy, was the first that brought the use of the seal from thence, and with it the name of him that had the charge thereof, and that is the Chancellor, in whom Leafricies the Britain is named the first Chancellor, But saving correction I must be of that opinion of the Normans, we did not learn our manner of sealing, not only for that I have seen the Copies of our King's Patents before those days, with Ego I●a, Ego Aluredus &c. subsignavi, which indeed may be all one with subscripsi, according to 40th. Law in the Digests lib 50. But surely I have either seen the very points of the Saxony, Danish seal, or else they were counterfeit to no profitable purpose.  
Let other men give what credit they will to the collection of Chancellors by Mr. thin in the new addition to Mr. Hollinsteeds Chronicle lately Published, For my own part I am neither of experience nor judgement to impugn it, But under the authority of allowable writers, I shall set down, and that shortly, what I have gathered in so few days as I have therein bestowed, of the present estate of our Modern Chancellor, and herein some particulars of the Court of Chancery; and first in mine opinion he is the same Chancellor that was Rembaldus to holy Edward, and Mauritius to William the conqueror, whose office was to make and seal the instruments that passed from the Prince, as writeth Lupanus, and as for the former mentioned Chancellors before this time, they seem more kindly chief Secretaries, than to exercise the present Office of Chancellors. For howsoever I am induced probably to conjecture, that before Edward the Confessor there was use of Sealing, as I have said; so have I no warrant to allege for a great seal of the King to pass the Instruments, whereof the charge was committed to the Chancellors, the which, as I take it, may be reputed the original of his office, and this his original office was not altered by the aforesaid Conqueror in the erection of the College of Scribes or notaries, neither his name changed as I conceive the words of Pollydore where he saith that Ejus Collegij Magistrum vocavit Cancel. larium qui paulatim supremus effectu● magistratus of qualis body habetur. But I suppose that authority was also given him by sealing and making certain Writs originals, the form whereof was for the most part produced out of Normandy, but not the granting of all originals, because that by Glanvill it is affirmed that many of them did bear Teste of himself (viz.) Ranulpho Ganvilla who was chief Justice many years after; and this by the way is to be remembered, that in the name of Chancellor our ancient Histories may easily deceive us, for some were called (Cancellarij Regis) and others (Cancellarij Regni) and of those which had this great Sea● of the K. in their charge and custody, Some were termed Chancellors and seal bearers, also that had no partakers of their office, such a one was the same Rembaldo to the aforesaid Edward, and many others; some were Keepers of the Great seal, and that solely, Q●i Custodiam sigilli Regli acciperent Cancellarii vices acturi & officium &c. as saith Matthew Paris of John Maunsell, although there may be perceived some small difference between a Keeper of the grev seal and a Vice Chancellor, for of Vice-Chancellors also I find two sorts, the one (as I take it) exercising the Office of a Chancellor in matters of Justice, and such a one was Malus Catulus in the time of Richard the First, another which was chief Secretary as it seemed unto the Chancellor, to write the Patent of the Prince, and such a one was Sywardus, whose name I have seen subscribed to a Charter of Edward the Consessor, Ego Sywardus notorious ad vicem Rambaldi Regis Dignitatis Concellarij subscripsi.  
The first sole Keeper of the Great seal I take to be Simon the No●man, who had the Seal delivered unto him in the 23d. year of the reign of King Hen. 3d. and shortly after also taken from him again, when he was also banished the Court for that he would not seal the Patent, whereby Thomas Earl of Flanders might ask 4d. for every sack of Wool that went out of England into Flanders; But that the Authority of the Lord Keeper was beforetime some way inferior to the Authority of the chancellor, that may seem by the Act of Parliament which was made Anno 5 Eltz that did equal the power of the one with the other; sometimes also the Chancellor of England had a Keeper of the seal subscribed to him, and so was Ranulphus the Chancellor, and Richard the chaplain keeper of the Great seal, both at one instant to Henry the first. Sometime there were two Keepers of the Great seal and both at once, as were Jefferey le Templer, and John de Lexinton, notwithstanding that Ralph Nevil remained Cancellor, of whom infra.  
Sometime the great seal was delivered unto 3 at once, as by Edward the 2d. to Will: Melton and 2 others, joined with him for a certain time to execute all such things as were to be done therewith during the King's pleasure.  

The Election of the Chancellor.  The election or creation of Chancellors, and Keepers, &c. was of more than one sort, and also of Men of divers degrees and qualities  
Sometimes, and for the most part, the Chancellor was elected by the King Durante bene-placito, and put in power of his Office, by the Delivery of the seal, and sometimes the Chancellor was made by Patent to hold that place or office during his life, as Walter Gray Bishop of Chester, in the time of King John and others, some, and the most part were elected by the King only, some had Patents of the King and were confirmed Chancellors by consent of the three Estates, as were Ralph Nevil Bishop of Chester in the time of King Henry the third, with whom the Prince being offended as reports Matthew Paris, and demanding the seal at his hands, he refused to yield the same unto him, affirming that as he had received it by the common consent of the Nobility, so he would not, without like Warran resign the same. And in the days of the same King, it was told him by all his Lords spiritual and Tempotall, that of ancient time, the election and dispofition of the chief Justice, Chancellor and Treasurer, belonged to the Parliament, an● although the King in displeasure did take the sea● from him, and delivered the same to the custod● of others; yet did the aforesaid Nevil remain● Chancellor notwithstanding, and received the profits thereof, to whom the King would hav● restored the seal, but he refused to receiv● it.  
And hereupon may be gathered, that the Keeper of the seal is not vicechancellor in every respect.  
An●●et us note by the way three several Parent● were granted unto this Ral●h Nevil aforesaid, w● whereby he is ordained to be Chancellor, and the third for the custody of the Scale, all remaining among the Records in the Tower, in hae●●erba.  
Henricus Rex, &c. Archiepiscopis, Episcopis &c. Sciatis nos dedisse, concess●sse & ●a● charta nostra confirmasse Vene. Pa●●● Randolpho  
Cicestrensi Episcopo Cancelldria● nostram hahend. & ●●nend▪ to●o ●●mpore vitae suae, cum omnibus p●rtinent. libertatihus & ●●●eris consuetudinibus ad praedictam Cancellariam nostram, habeat bene & in pace libere & 〈◊〉 integre, honorifice cum ●●●●bus exitus libertatibus & omnious all●s ad eam per●inentibus sicut Cancellar▪ Regn. Angl. praedecessor. nostror. ea melius quietius liberius & integrius hab●ere hijs Testibus &c. datum per manum nostram 12. F●br. Anno Regni nostri 11.  

His second Patent was of this form.  
Henricus Dei gratia, &c. Archiepiscopis, Episcopis, &c. Sciatis nos concessisse et ●ac Charta nostra confirmasse pro nobis, et haered. nostris venerab.. pri. Randolpho Cicistrensi Episcopo Cancellario nostro Cancellariam Angliae toto tompore vitae suae cum omnibus pertin. libertatibus & liberis consuetudinibus ad praedict: Cancellariam pertinen. quare volumus et firmit▪ praecipimus pro nob is et haered. nostris, quod praedictus Episcopus habeat ipsam Cancellariam toto tempere vitae suae cùm omnibus pertinent. libertat▪ et liberis consuetudinibus ad praedictam Cancellariam pertin. sicut praedictum est. Testibus &c. Datum per manum meum apud Westm. quarto die Maij An●o regni nostri decimo septimo.   

This is the transcript of his third Patent the same day and year.  
Henricus Dei gratia, &c. Archiepiscopis, &c. Sciatis ●os concessisse et hac charta nostra confirmasse venerab.. patri Randolpho Cicestr. Episcopo Cancellar. nostro custodiam Sigilli nostri toto tempore vitae suae cum omnibus pertin. libertat. et consuetudinibus ad praedict. custod. pertinent. Ita quod sigillum illud Portat et custodiat in propria persona sua quamdiu voluerit vel per aliquem virum discretum sufficientem & idoneum assignatsuum qui quidem assignat nob. fidelitat. faciat de fideli servitio & de sigillo nostro loco suo fideliter Custodiendo, aut quam custodiam praedicti sigilli recipiat▪ 〈◊〉 si forte idem assignat. ●suus discesserit, vel vitam suam mutaverit, vel ob causam rationalem per nos vel per ipsum Cancellar▪ amotus fuerit, vel ipse assignat▪ sigillum illud ulterius portare noluerit, idem Cancellarius loco illius assignat. substituat. alium virum discretum sufficientem & idoneum substituat. Item quod fidelitatem faciat nobis de fideli servitio suo & de praedicto sigillo loco suo fideliter custodiend. antiqua Carstiaca sigilli praedicti recipiat sicut praedictum est, quare volumus & firmiter praecipimus quod praedictus Cancellar. habeat custodiam, &c. hiis Testibus, &c. Datum per manum nostrum apud Westm. quarto die Maii Anno Regni nostri decimo septimo.  
Sometimes the Chancellors of England were elected by the Nobility, as Nicholas of Eli was made Chancellor by the Barons; But this seemed a usurpation by them, for they were afterwards the most of them most sharply chastised, and the said Nicholas deprived by Hen. the 3 d. disdaining to have Officers of that estate appointed him by his Subjects.  
Sometimes the Chancellors were created out of the Nobility, as Richard Nevil Earl of Salisbury, in the time of Hen. the 6. Henry Bourchier Earl of Essex, in the time of Edw. the 4. the Lord Wrotesley, the Lord Rich, &c.  
Sometimes they were ennobled after their advancement to that Office, as Richard Scroop, Knight, created Lord of Boulton, and Michael de la Pool● created Earl of Suffolk, in the time of 
Hen Beakford.  Rich. the 2. Sometimes they were the sons of Noblemen and Princes children, as Henry ●eauford, son of John of Caunt, &c. in the time of Hen▪ the 4. Sometimes of base and mean parentage, as Wolsie Cardinal, &c.  
Sometimes Archbishops and clerks were ordained Chancellors, whereof the first Archbishop was Walter Hubert, Archbishop of Canterbury, in the time of King John, to whom a Nobleman said in scor●e, That he had often seen a Chancellor made a Bishop, but he never before saw an Archbishop made a Chancellor, where of is to be noted, that many of the former Chancellors were not Bishops when they were elected to that Office, but afterwards promoted to their bishoprics, upon which promotions, many of them did yield and surrender up their Authority of Chancellors, and to this purpose maketh the testimony of Thomas Walsingham, who writeth that in the 3 year of Rich. the 2. in a Parliament holden at London.  
Dominus Richardus Scroope cessit officio Cancellariae, &c. Archiep. Cantuar. Magister Simon Sudbury contra gradum suae dignitat. ut plurimi conclamabant, illi Officio militaturus accessit, sed si ipse illum procuraverit aut sponte susceperit, novit Deus.  
Sometimes were chosen to that place Archbishops and Cardinals, as John Thoresby, Archbishop of York and Cardinal, &c. in the time of Edw. the 3. &c.  
Sometimes Threasaurers of England were advanced to the honour of Chancellors, as Henry de Burgh, in the time of Edw. the 3. Sometimes to the Office of the Keeper of the Great seal, as John de Cheshall, in the time of Henry the 3. and many other to either of the places  
Sometimes common Lawyers were called to be Chancellors, as Robert ●erning Justice, and Robert Thorpe Justice, in the time of Edward the 3. Sir Thomas Moor, in the time of Hen. the 8. and others.  
Sometimes were trusted with the Keeping and exercise of the seal, as John Maunsell L. chief Justice, in the time of Edw. the 3. &c.  
Sometimes the Lord Keeper of the privy Seal was made Lord Chancellor, as Edmund Stafford, in the time of Henry the 4. and others.  
Sometimes were made Keepers of the seal men cunning in the custom of the Chancery, as was Sylvester de Eversden, in the time of Hen. 3.  
Sometime men learned in the civil and Common laws, as William of Kilkenny, in the time of the said King.  
Sometimes the Master of the R▪ o●●s, as Henry cliff, in the time of Edw. 3. who was his Chancellor also, and others.  
Sometimes a Keeper of the Wardrobe hath been appointed to keep the seal, as John Drakensord to Edw. 1.  
Some have been twice Lo. Chancellors, as John Hotham, in the time of Rich. 2.  
Some thrice, as John Stratford, in the time of Edward 3.  
And sometimes there have been three Chancellors in one year, as Rotheram, Alcoch, and Moreton, in the 1. year of Htn. 7. and he that hath been the longest in office, either of Chancellor or Keeper of the seal, is not remembered to have continued above 18. years.  
Some with their Office of Chancellor, have retained other places, as William Velson (after Bishop of Tel●ard) was at one time chaplain and chancellor to William the conqueror; Rannlph Britain at one time Cancellarius Regis specialis (as saith Matthew Paris) and Treasurer of the Chamber: But the mightiest of living by multiplicity of Offices that I may readily find, were John Maunsell, in the time of Henry the 3. Simon Langham, in the time of Edw. 3. John Stafford, in the time of Hen. 6. Woolsey Cardinal, in the time of Hen. the 8. And in honour and temporal Dignities, the Lord marquess 
〈◊〉.  of Winchester, who was Keeper of the Seal in the time of Edw. the 6. And thus much may suffice for the original, Office, Dignity, and Election of the Lord Chancellor. Now may something be added of the court of Chancery, and Authority absolute of the Chancellor.  

The nature original of the Chancery.  As the Chancellor is at this day, Norma omnium jura Reddentium c●●●mnes magistrate▪ honorun suorum fasces submittere not ●ndignentur: And withal, as Budeus calleth them, Promus & Condus clementiae benigni●atisque principalis, and generally the mouth, the ear, the eye, and the very heart of the Prince, so is the Court, whereof he hath the most particular administration, the Oracle of equity, the storehouse of the favour, of Justice, of the liberality royal, and of the right pretoriall, which openeth the way to right, giveth power and Commission to the Judges, hath jurisdiction to correct the rigour of Law, by the judgement and discretion of equity and grace. It is the refuge of the poor and afflicted; It is the Altar and sanctuary for such as against the might of rich men, and the countenance of great men cannot maintain the goodness of their cause, and truth of their Title, the entry and door whereof ought, Patere omni postulanti omnibus ●oris, nulli tamen ●●are; which is meant not to gape after such men as bring rewards, o● seek access to the help thereof by corruption, and it is called Caria, saith Valla, a Cura, for that care and heed is to be taken therein, for the deciding of controversies; but it seemeth rather to be called, Curia, an Assembly, or the place of assembly, &c. like as the King's Court was first called Curia, for that the Court of Justice was there first holden.  
For the original of this special Court, is to be considered, that in the time of the Saxons and of the Danes, the King by himself did hold a high Court of Justice, wherein he sat in person, and did judge not only according to mere right and Law, but also after equity and good conscience; and this is confirmed by the Law of the Saxon King Edgar, (viz.) Let no man seek to the King, in matter of variance, unless he cannot find right at home; but if the right be too heavy for him, then let him seek to the King to have it lightened: The like to this Law, is also among the laws of Canutus the Dane; and for the understanding of this right at home, we may remember that in those days were certain Jurisdictions over Leets, Boroughs, and tithings, &c. and there by authority permitted to the Reeves or Judges of the lower rooms, for the hearing of suits of small importance, and grant of greater power to the sheriffs and Aldermen which had the charge of greater Assemblies, all was retained and reserved to the King himself, the decision of such matters as by just cause of appellation▪ either for law or equity, should be brought before him, to be considered and resolved in the aforesaid high Court of the King; out of which as were the former, so were all the high Courts of Justice or Conscience at this day derived by the ecclesiastical Courts or temporal.  
And here I might take some fit occasion to touch by the way, how in the Parliament, laws, 
Parliam.  not only for civil, and criminal causes, but also for the matters of the Church, are made, abrogated or mitigated; common wrongs not holden in other Courts, are there amended and heard, and difficult causes are there ended, Attainders confirmed and annulled, corruption of blood there restored, errors committed in other Courts there corrected, and all constitutions for the State are there confirmed, &c.  

King's Bench.  How in the King's Bench are properly all such causes only to be handled, which appertain to the crown, or wherein the King is a party, if they be not by Commission particularly assigned to some other Court.  

Common Pleas▪  How in the Court of Common Pleas are holden all Common Pleas between subject and subject of all matters of Common Law.  

Exchequer  How in the Exchequer are the Queen's receipts and her yearly revenues recorded and kept, how it is her common Treasury, and a Court for Justice between her Majesty and her Subjects, &c.  

Court of Wards.  How the Court of Wards and Liveries is the Court wherein the Queen's prerogative for Wards is maintained, out of which are sued Liveries, and therein their ages are proved which are in Ward to the King by reason of Tenure, &c.  

Star-chamber.  How the Court of star-chamber is ordained to redress certain great offences, provided by Statute, and appointed to this Court.  

Dutby Court.  How the duchy Court of Lancaster is also the Queen's Court, and of Record, wherein are holden all Pleas real and personal, which concern any the Tenants of the Duchy lands, now in the hands of her Majesty, and parcel of her crown, but severed in Court and Jurisdiction.  

Court of Requests:  How in the Court of Requests are holden by virtue of their Commission none other but suits that are made to her Majesty by way of supplication, which is called the poor man's Court, because he should have right there without paying any money.  

admiral's court.  How the admiral hath disseisin of Marine.  
How the Constable and marshal of England determineth the Contract, touching Deeds of 
Constable of England.  arms out of the realm, and handleth matters concerning wars within the realm, and Combats, Blazon, and armoury, &c. may be tried by the laws of the Land.  

marshal's court.  How the marshal of the King's House before the Stat. of Articuli super chartas had Authority to hear and determine the pleas of the crown within the verge, and now hath the hearing of Trespasses, Contracts and Covenants made within the verge, &c.  

President of Wales & the North parts.  How the Court of precedents and counsels in the Marches of Wales, and in the North parts, are Courts of equity in their principal Jurisdiction, although they do withal exercise other powers by virtue of other several Commissions that do accompany the same, &c.  
I might further busy myself with the County Courts Leets, Courts of Barons, and Courts of Pyepowders, &c. the Assizes, Quarter-Sessions, Commissions of Oyer and Determiner, and Justices in Eyre, to search and set down when, by whom, and upon what occasion all the aforesaid Courts were erected, wherein they do contain within their appointed limits, and wherein they do usurp Jurisdiction, which was appropriated to some others, &c. but for that the matters to be moved therein would require a several Treatise of every several Court, for the which I feel myself very insufficient, I will forbear at this time to mingle Jurisdictions, and only continue in the course of the Court of Chancery, the which Court I cannot find in the time of the conqueror, to be served from the Court of the King, and appointed to be holden by the Chancellor, although I read in that time, and the time of his son Rufus, the ordinary course of Justice was altered in form, but not in substance, and whether the Collegium s●ribarum, founded by the Conqueror, whereof he appointed the chancellor to be President, might bear the name and title of a Chancery, in very truth I have much doubted, for I cannot gather thereout any jurisdiction to determine causes; and moreover, I read expressly, that during the reigns of both the Williams, Hen. 1. Stephen, and Hen. the 2. there continued still a Court belonging to the King, which was the place of sovereign justice, both for matters of Law and Conscience, called, Curia Domini Regis, and Aula Regia, for that the Prince himself did many times sit there in person, and had Justices a latere suo sedente, as saith Bracton, namely his chief Justice, chancellor, Constable, Martial and others; and howbeit in the 9 year of Hen. 3. by the erection of the Common Pleas, the Common Pleas were withdrawn from the Court which followed the King, to a place and Jurisdiction certain, it seemeth that by the division of Jurisdiction made by Bracton in his Book which he compiled by the commandment of K. Edw. 1. in the beginning of his reign, and of the particular authorities delivered out by the King to his Justices, commissioners, and Delegates, that the Jurisdiction o● determining the causes now belonging to this Court, did remain to the exercise of himself, and yet was not the Jurisdiction of the other Courts out of the King, for Jurisdiction, as saith Bracton, Non potest a Rege delegare, but the causes proper to this Court were managed and determined either by himself in person, or in his absence by his chancellor, counsellors of State and justices of Law, that continually attend upon him for that service▪ namely the Justices to inform him of the Law, and the Chancellor (which was most usually a spiritual person) to give advice according to equity and good conscience, in which respect also he was visitor for the King, and passed the presentations of Benefices, so that such as sought for relief by equity, were suitors to the King himself▪ who being assisted with the Chancellor and his council, did mitigate the severity of the Law in his own person, when it pleased him to be present, and did in absence either refer it to the Chancellor alone, or to him or some other of the council; yet have I some good causes of conjecture, that the Chancellor in those days was a Judge ordinary in the same Court, to hold plea by Latin bill, In monstrance de Droit▪ Pleas and Enterpleas of Livery and Ouster ie Ma●nes, of portions and such like, as a Minister to make process, &c. And therefore I cannot agree with the opinion of some men, that this Court of Chancery was erected, and first assigned to the Lord Chancellor, in the 36. year of Edw. 3. as well for the Patentees afore set down do grant and confirm unto the said Nevil officium Cancellariae of the Chancery, and not Cauc●llarii, which was in Hen. 3. time, as also for that in divers Statutes long before this time, and in year Books, there is mention made of the ordinary authority of the Chancellor, the Register, and the Clerks of the Chancery, (viz.) in the Statute of Glouc. in Anno 6. Quo warranto, &c. of Acton Burnell in Anno 11. Process upon Recognizance, in Westm▪ 2. cap. 24. concordand. Cleris. de novo brevi, &c. Ad▪ cap. 49. champerty, &c. and Statut. Marchante, Brev. al. Viscount, &c. in Anno 13. Slat. de consultat. procedendo, &c. in Anno 24. Articuli super chartas, cap. 5. follow the King, &c. 6. Seal, &c. in Anno 28. of Ed. 1. and in Ed. 3. his time, Anno t. Stat. 2. cap. 15. writing by Dures, &c. Anno 14. cap. 8. choose Escheators, &c. Anno 5. Stat. Carhal. adymytt. Attorneys, &c. Anno 19 Sacrum Clericorum Cancellar. &c. Anno 20. cap. 3▪ Oath of justice's Chancery, &c. ad cap. 6. Chancellor and Treasurer, &c. Anno 25. cap. 2. slay Chancellor, Treason, &c. and ibid. cap. 4. writ to Mayors, &c. Anno 31. ca. 3 Fifty wives, &c. in the 29. of the book of Assizes we may see partition before this time made in the Chancery and execution thereof by Scire fac. out of the come. pleas in the 20▪ Ed. 3. Suit in the Chancery by Petition to repeal a patent, &c. So may we remember 15. 18▪ and 2. Edw. 3. for Petitions, &c. before this time, and divers other cases.  
In 20. of Edw. 3. an absolute power was by Statute given to the Chancellor jointly with the Treasurer, to punish divers offences therein mentioned, according as Law and Reason required, &c. but whether this may be said to give them authority of extraordinary and absolute proceeding against them, I stand in some doubt; how be it, I do not think, that the jurisdiction of the Chancery was thereby enlarged, but it seemeth very probable, that the Statute of 36. of the same King, though it were not the foundation and erection of the Chancery, did notwithstanding add a great measure of jurisdiction unto the same, for there it was agreed by Parliament, that if any man were grieved contrary to the Articles in that Statute mentioned, which were many and general; or others contained in divers Statutes, he might come into the Chancery, or any for him, and thereof make his complaint, where he should be relieved by force of the said Articles and Statutes without, elsewhere pursuing to have remedy: By which Law, the Chancellou● was not only made sole Judge in this Court, but was enabled also to proceed in judgement there after his own discretion, for otherwise the word● without other suit, were not beneficial; but saving correction, I take the Statute of 17 Edw. 2 to be the especial groundwork of the Chancellor his absolute power, where authority is given him upon untrue suggestions, to ordain and award damages according to his discretion, by express word, &c. after which time his power from time to time, Vires accrevit eundo, be enlarged by sundry Parliaments, as by one, to sen● forth Proclamations of Rebellions, &c. against such as would not appear, and by others, both to grant Commissions of divers kinds, and to do● many other things, whereof mention shall be made in the cases set down hereafter concerning his power absolute, the which is intended the special, but an object of this Treatise; Now therefore in the mean time may we confidently cali the Chancery the King's High Court of Conscience, made especially to redress private causes, such as by extremity of Law, cannot have agreeable end to equity, by reason of circumstances hindering; wherein it is to be noted, that conscience is so regarded in this Court, that the laws are not neglected, but they must both meet and join in a third, that is in a moderation of extremity. It holdeth plea also of common or civil matters between the Prince and his Subjects, so far forth as the same hath to do with Petitions, Traverses, Monstrance de Droit, and such like; out of this Court, as from the person of the Prince came all manner of original Writs, whereof some are Commissional or Commissary, giving Authority to certain Judges or Officers to hear and determine causes, some are certificatory, or Remotaries of Records, Pleas or other Acts, some do command to proceed as Writs De Procedendo, &c. some inhibit or excuse, as Prohibitions, Protections, or Graunties de jours▪ and of essoin, &c. Some are deductory, to summon and bring the party impleated into the Court, to answer to the plaintiff.  
Out of this Court come most commonly Commissions, Patents, Licenses, Inquisitions, &c. of this Court is said, Ar●icul● super narrationes novas, that it is Curia ordinaria, pro brevibus originalibus emendis & concedendis, sed non pro placitis Communibus habuendis; meant, as it seemeth, according to the course of the common Law, and in the Treatise of Diversities of Courts, It is noted, that the Court of Chancery is a Court of high nature, out of the which doth proceed Writs original, as is aforesaid, and there a man may traverse Offices, and in the same Court the King's widows shall be sworn that they will not marry without the Kings leave before they be endowed; and it is there said, that the error upon a Patent or Traverse there, cannot be reversed anywhere else then in Parliament, &c. And in this Court a man shall have remedy for such things, for therewith he shall not have remedy at the common Law, &c. ibid. In this Court of Chancery a man shall not be prejudiced for his mispleading, or for default of form, but according to the truth of the matter, for that awards there are to be made according unto conscience, and not Ex rigore Juris; And further in Fleta are these words, Fiant autem brevia inde audicialia in Cancellaria ea recognitionibus & contractis habitis & inde Rotulis Cancellariae irrotulatis, Et ex Recordo Consellario & Cloricis sibi assasiatus per hanc constitut. concessae quia de h●s quae Recordata sunt coram Cancellario Dom. Regis & ejus Justitiar. qui recordum habent & in rotulis eorum irrotulantur, non debent fieri processus placiti per summonationem vel Attachiamenta Essonia visus terrae & alios Solempnita●is Curiae sicut fieri consuevit in contractibus & commencionibus factis extra Curiam, &c. This Court is also by some called O●ffic. Juris Civilis Anglorum, because out of this Court issue all manner of process, which give the party his cause of action in other Courts.  

process Cancella▪ riae.  The process in the Chancery is a Subpoena, which is to call the party before the chancellor, upon pain of one hundred pounds, &c. and this is the way used to bring in the party, or else by the sergeant, as shall be said afterwards, and how the pain is but in terrorem, for thereof shall be no forfeiture; but if the party come not in, or coming in will not obey the order of the Court, he shall be imprisoned, during the pleasure of the Lord chancellor, as will appear in the several handling of his absolute power, where also will be remembered the Stat of 15. H. 6. that no Subpoena may be granted without surety to satisfy the Defend. for his damages and expenses, ●f the matter cannot be made good, which is contained in the Bill, &c.  
The order of proceeding in the Chancery is by Injunctions, Decrees, and Orders, the which how far they bind the party, and how he is punished by imprisonment, for resisting them, shall be also showed in the cases of the power absolute hereafter plaeed.  

The Judge.  The Judge in this Court, is the Lord chancellor only, and he is Keeper also of the Great seal, the which is usually carried with him wheresoever he goeth, so he go not beyond the Seas, for than he is to leave it behind him to such for whose fidelity he will answer; As did John Stratford chancellor and ambassador in the time of Edw. 3. And so did Stephen Gardiner, in the time of Queen Mary, when he went to Calais, leave the seal with the marquess of Winton, the which lesson he might learn by the chastisement of Cardinal Woolsey, who carried the same beyond the Seas to Calais, where he left it with Doctor Taylor, Mr. of the Rolls, to keep until his return out of the French Dominions.  
Yet may there be other occasions also, for the which the chancellor may commit the same to other men's custody, as did Robert Thorpe Chancellor, in the time of Edw. 3. at his going hom to his own house he left the great seal with four of the Guardians, or Masters of the Chancery, to keep and ufe as need required.  
Further for the keeping of the seal we may remember, that as the King himself doth deliver the same unto the Chancellor, so may he not surrender it to any other but to the same King or to his Successor.  
To this purpose saith Thomas Walsingham, that Sir Richard Scroop having very solemn Messengers sent unto him from Rich. 2. and that in the King's displeasure, to demand the Great seal to be committed unto them: His Answer was, The seal I am ready to resign, not unto you, but unto him which gave me the same in custody: Nec erit medius portitor inter me & illum, sed ego restituam illud manibus suis qui mihi propriis non alicujus manibus commisit illud. Et ita pergens ad Regem sigillum quidem retradidit, & se fidelem Regi s●cut hactenus repromisit ●fficiaturum tamen se futurum sub ●llo in posterum denegavit, &c.  
Yet seemeth it not so necessary, that the Chancellor deliver it with his own hands: For it is written that R. Baldolke, Chancellor, upon the death of Edw. 1. did send the great seal to Ed. 2. And Thomas Rotheram was shrewdly blamed for that he rendered the seal to the Queen widow, to whom it did not appertain after the death of Edw. 1. and in the circumstance of the delivery thereof we may also note this difference, that the chancellor hath heretofore received an Oath with the receipt of the same, although the Keeper of the seize doth receive it without oath, for so it is Recorded, that Rich. 2. Manibus suis propriis received the seal, Et ineontinenter praedictus Dom. nost. dictum magnum Sigillum suum in Bago sic inclusum venerab.. in Christ. patri. Edoard. Episc. Exon. cujus sacrum de officio cancellarii bene & fideliter faciend. & excereend. ib. recepit in praesentia, &c. liberavit.  
The form or fashion of this seal is usually altered upon every succession, the print whereof is directed by the pleasure of the Prince, the validity thereof I dare not to dispute, for that on the one side it is said by the Justices in the reports of the 18. and 19 of this Queen, that a Patent under the Great seal is good, though the chancellor have not warranty to make it.  
And on the other side, the History is not forgotten, of the Duke of Northumberland, who alleged, as is reported, the Great seal for his Warrant, &c. which was not accepted, and moreover is recorded in the time of Hen. the 6. a confirmation of such Deeds, &c. as had past the Great seal, (viz.) Henry by the Grace of God, &c. To our Chancellor of England, greeting. All such Grants as that sith the tenth year of our reign, until this time, you by force and virtue of Bills with our own hand, and by Letters under our Signet of the Eagle and arms, and also by Bills endorsed by our Chamberlains hand, and Clerks of our council, have made our Letters Patents under our Great seal, we hold them firm and stable, and of as great strength, &c. as though you had for them our Letters of privy seal, &c. long before which time there was a Statute made in the 2. year of Edw. 3. (viz.) it shall not be commanded by the Great or Little seal, to delay or disturb common right, and though such commandment do come, the Justices therefore shall not cease to do right in any point; and by the Statute of Articles, super Charia, cap. 6. It is forbidden that from thenceforth should pass under the little seal, any Writ that concerneth common Law; And long after this time also (viz.) 2. & 3. Phil. and Mary, cap. 20. It is ordained, That the King under the Great seal of England may unite Lands to the Duchy of Lancaster; but for the manner of renewing the seal, the defacing and bestowing of the old, with the Proclamation and notification of the ne, we may observe the ancient manner out of these words remaining in the Tower of the time of Edward the First, (viz.)  
Rex Vic. Ebor. salu●em. Quia pro regimine Regni nostri quoddam magnum Sigillum de novo fecimus fabricari differenetam in circumferentia ●uam in diversi● sculpturis ex utraque parte sigilli sigillo a quo hucusque utebamur, & volumus quod eidem novo sigillo a quarto die praesen●▪ mensis Octob▪ fides prebeatur & dictum antiquum sigillū●umpa●u● deinde post p●aedictum q●ar●um diem aliqua brevia seu litera nullaetenus consignentar & impressionem dicti sigilli novi in cera alba tibi duximus transmittendam tibi praecipimus quod in pleno Comitatu tu● mercatis feriis & locis aliis in balliva tu▪ a ubi expedere videris dictam impressionem▪ ●stondi & pace fieri facias omnibus & singulis ex parte nostra injungend. quod▪ b●ev. brevis literis & chartis dicto novo sigilo consignatis fidem praebeant & aliqua brevia seu literas post praedictum quartum diem antiquo sigillo signat. non recipiant nec eis utantur quoquomodo, volumus tamen quod brevia literae & chart. praedicto antiquo sigillo ante praedictum quartum diem consignat▪ in suo robore perseverent & eis fides praebeat. prout decet Teste Rege apud Nottingham tertio die Octobris, &c.  
Eodem modo mandatum est singulis Vicecom. per Angliam, and further.  
Memorandum quod die Dominiea, (viz.) quarto die Octob. Anno Regni Ed. primo; Eliens. Episcop. Cancellar. ipsius Regis in Camera sua in Priorat. de Lenta juxta Nottingham in praesen▪ clericor. de can●el●ar. & aliorum tuuc ibidem existen. protulit in quodam panno lineo sigillo suo consignat: quoddam magnum sigillum ipsius Regis de novo fabricatum & asseru●t quod voluntas ipsius Regis fuit quod extunc. omnia brev. lit, et c●artae ipso novo sigillo consigna●en. & quod anti●. Sigil▪ rumperat. et diae Lunae prox. sequen. in praesentia ipsius Regis in Cam. sua in Castro de Not. dict. antiq. Sigil. praecipiente ipso Rege ruptum fuit in m●ltas pecias & idem Cancellarius pecias illas dedit Richar. Spigurnello ipsius Cancellar. & dictum novum Sigillum ad dictum hospitium suum secum detulit & inde brevia chartas & literas consignavit, &c. And to the same purpose of bestowing the Old seal, appeareth in Richard the 2. a Writ directed to the Treasurer, &c. of the Exchequer in this form.  
Rex Thesa●rar, et camerar. Quia ex relata fide dignor. accepimus quod quotiescunque magnum Sigillum quod pro regimine Regni nostri Angl. ordinat. existit per mortem Regis aut alio modo mutari contigerit sigillum illu● Spigurnello Cancellar. nostrae pro tempor● existen. tanquam feodum suum de jure pertinere debet, nos volentes dilecto nobis Willialm. Wightman Spigurnello Cancellar. nostra pro feod. suo magni Sigilli dom. Ed. nuper Regis Angl. Avi nostri quod post mortem dict. Avi nostri cum gubernaculum Regni praedict. suscepimus mutatum existit satisfieri jubere vobis mandamus qud cidem Williel▪ centum solid. pro feodo suo sigilli praedict. de thesauro nostro solvatis excusa praed. Teste Rege apud Westm. 6. die Junij, &c.  

The Assistants.  The Assistants of the Lord chancellor are the Masters of the Rolls, and the Masters of the Chancery.  

The Master of the Rolls.  The Chancellor and the Master of the Rolls, have been heretofore spiritual persons, it appeareth by the election of Bishops, &c. before rehearsed, to the place of Chancellor, and by a Patent of Ed. the 3. the Master of the Rolls was appointed and installed in the house of the Rolls in Chancery-lane by the Lord Chancellor, the which manner of induction and instalment continued as long as the Masters of the Rolls were of the Clergy, which may be proved by the precedents of those enrolments, and the Writs themselves extant of Record.  
The Mr. of the Rolls at this day is the Keeper of all Records, Judgements and Sentences given in the Chancery.  
Besides that, in the absence of the Chancellor he doth both hear and decree, &c. as well in the Court, as in the chapel of the Rolls, howbeit the Decrees made by him are entered either Per curiam, or Per Cancellar. and further, he hath much pre-eminence, and divers prerogatives by Statutes, Commission, and prescription.  
The Masters of the Chancery are, for the most part, Doctors of the civil Law, and do assist the Court, to show what is the equity of the civil Law, and what is conscience; but surely they have been heretofore such as have been expert in the course of the Chancery, and skilful in the laws of the realm; as appeareth by the 2d. of Rich: 3 d. where they do show unto the Justice, the course of Writs of Error, and may be gathered out of the Book, entitled Fleta, whose words are these.  
Est inter caetera quoddam Officium quod dicitur Cancellaria quod in viro provido & discreto utpote Episcopo vel Clerico magnae dignitatis debet comitti simul cum cura magni sigilli regni cujus substituti sunt omnes Cancellarij in Anglia, Hibernia, Wallia, & Scotia, omnes quae sigilla Regis custodientes ubique praeter custodem sigilli privati, cui● associentur Clerici honesti & circumspecti Domino Regi Jurat▪ qui in legibus & cons●e●udinibus Anglicanis notitiam habent pleniorem quorum officium sit supplicationes & querelas conquerentium audire & eis super qualitatibus injuriarum ostensurum debitum remedium exhiberi per brevia Regis, &c. And further of the Masters of the Chancery ibidem.  
Episcopi autem collaterales & socij Cancellarij esse dicuntur Praeceptores eo quod brevia causis examinatis remedialia fieri praecipiant & hoc quandoque tam sive denarijs ad opus Regis tam sive Fine, &c. 
The Officers of the Chancery:   
The Officers in this Court are the Pregnatory of whose Office in Fleta is written thus.  
Habet & Rex Clericos suos Prothonataries in Officio illo, qui cum Clericis, &c. Familiares Regis esso consueverunt & praecipue ad victum & vestitum qui ad brevia scribend. secund. diversitates queretarum sunt intitulati & qui omnes pro victu & vestitut de proficuo sigilli in cujuscunque usus pervenerit debent honest inveniri. But at this day there is but one Pregnatory, neither doth he exercise his Office in the form abovesaid.  
The Clerk of the Crown is the chief Guardian of the matters of the Crown.  
The six Clarks of the Chancery, which are the attorneys, as well for the plaintiff as Defendant, in every suit in this Court, and they were heretofore spiritual men, as may appear by the Statute 14. Hen. 8. which doth licence them to Marry, with Proviso; That the Master of the Rolls may notwithstanding grant those Offices as before time, the forfeiture by reason of Marriage only excepted.  
The Register, who is the penner and keeper of the Decrees, Publications, Orders and Injunctions issuing out of this Court.  
The controller of the seal, who is to see and allow of all the Writs made in the Court, of whom I take it is spoken in Fleta▪ where it is said; Eleget & Rex Clericos in Officio illo expertes & legales qui formas brevium cognoscunt qui approband. admittant, defectiva omnino repellan. quibus omnia brevia priusquam ad sigillum perveniunt cum deliberatione distincte et aperte in ration. dictione litera & silliba examinare injunctum est▪ & sciend. quod nullum brenisi per manus ●orand▪ debet ad Sigillum admit●i.  
Two Examiners also, who do take the Examination of the Witnesses, brought to prove or disprove any thing in suit in this Court, and to put their Depositions and Answers made to their Interrogatories in writing.  
The Clerk of the Hamper, which doth receive the Fines, due for every Writ sealed in this Court, &c.  
The three Clerks of the Pettibagge, which do Record the Offices that are found in the Court of Wards, and have the making of divers Writs proper to their Office, &c.  
The 24. Cursitors have sundry divisions of charges, for the writing of all Writs Originals, &c. in all the Shires of England, &c. Qui bus de gratia Cancellaria concessum est pro expeditione populi, brevia facere Cursoria, as is in Fleta; the which Cursitor s at this day, by Ordinance set down by the deceased Sir Nicholas Bacon Lord Keeper, and confirmed by her majesty's Letters Patents, are authorized and appointed to make all manner of Writs of Debt, trespass, account, Assizes, Attaints, Replevies, Conspiracies, Cui in vita Dower, and form▪ dons, Ejectments of Leases and custodies, Errors, false judgements, Petitions quare impedit, Recordaries and Writs of Right, valour Marritagij, Wast, excommunicate. Ca●iend. and all Writs of Covenant, and of every and all manner of Dedimus potestat. to be made upon any such Writs, and original process, and all other original Writs, or of the nature of original writs, that are to be made within the Shires and Places to them allotted; And that no other person shall make these Writs but they, by which Ordinance also the nomination and allowance of these Cursitors, doth appertain to the Chancellor or Keeper of the Great seal for the time being, as in the said Ordinances is declared, together with all other Orders, &c. concerning the said company, whereof is to be observed, that although by the late Lord Keeper the writing of the aforesaid writs was particularly assigned to such particular Officers, yet were there Cursitors before that time, of the same name, and of the same exercise. The sergeant of the Mace, who carrieth the Mace before the Lord Chancellor, and is to call any man before him, at his commandment. There is also mentioned in Record of Edw. 3●Officium de portandi votulis ubi Curia se divertabat priusquam in loco certo tenebatur vocat Por●j. concessum Adamo Marlyn, &c. The which is the same Office of Keeper of the Rolls at this day. And this place in the 13th year of Edw. 3. was granted by the chancellor and Master of the Rolls, the which Grant remaineth upon Record. Other Officers there are for particular Functions in the Chancery, granted by Patent from the Prince, as of making the writ of Diem clausit extremum, making of Subpoena's, writing the Liecnse of Alienation, of Protections, and a great number of others of the like nature; so are there also the Sealer, the Chafe-wax, &c. Some are constituted by Parliament to be Ordained by the King's Letters patents, as the writer and inroller of confirmations of all such Licenses, Dispensations, &c. as shall be brought into the Chancery, under the Archbishop of Canterbury his Seal, &c. For the Oath to be taken by the Clerks of the Chancery may be seen the Statute of 18. Ed. 3. which is to be taken not by the six Clerks only, but by all other Officers in the Chancery, of the like quality, and their servants also. Moreover for the privilege of the Officers in the Chancery there is a record of Rich. the 2.  
Quod Clerici ibidem nec eorum servientes non c●gantur respondere coram aliquibus Justiciarijs & Judicibus secularibus praeter quam coram Cancellario Regis seu custoae magni sigilli Regis super aliquibus placitis seu demandis quae Dom. Regem non tanguut (except placitis de libero tent. felon. & Apellis B●ev. Regis. Anno secundo, R. 2 parte secunda, Article 18.  
The form of their privilege is set down in the Register of Writs; and in the new Natura brevium.  
The Masters of the Chancery have privilege to be exempted from be●ng Procurators of the Clergy.  
But leave we the Officers, to speak something more largely of the power of the aforesaid judge, which is the Chancellor, &c. wherein will fall out some further matter concerning the Chancery.   

The absolute power of the Lord Chancellor.  
THe power of the Lord Chancellor is divided into two parts, the one judicial, and the other ministerial; the judicial is likewise of two distinct sorts, (viz.) either absolute, or else ordinary; whereof intending to proceed to their particular discourse, I have chosen the absolute power to be the first, as well for that it proceedeth in Dignity, being absolute without comptrollment, other than in Parliament; as also it spreadeth itself most largely, being most infinite, without any prescribed limitation, intending to leave the rest to be hereafter severally handled with better opportunity.  
In this present Treatise I have plainly and faithfully set down the Cases, Opinions, and Decrees, in such sort as they may, by the Reports of the Year-Books, and by the ancientest sort of Records in the Chancery, be best warranted; and have thought fitter to set down the makers of the Statutes, and the pronouncers of the Law to be heard as it were speaking in their own phrases and proper terms, than that I should presumptuously wrest the same into any other curious method, only I had regard unto two things, the manner of proceeding, and the matter of the subject, unto the first I referred these Titles following, (viz.)  

CHAP. 1. Of the Authority judicial of the Lord Chancellor, and Court of Chancery in general for praesenti.  
Chap. 2. What matters he may absolutely hold Plea of, in his absolute power.  
Chap. 3. Whom he may call to be assistants.  
Chap. 4. How the absolute power increased, and of the Statutes concerning the same.  
Chap. 5. Of what force the Decrees, Injunctions, Executions and Punishments of the Chancery be.  
Chap. 6. Whether the Chancellor may intermix his power absolute, with the ordinary.  
Chap. 7. The form of pleadings.  
Chap. 8. What costs and damages shall be awarded in the Chancery.   
And under the second I have contrived these Titles.  

CHAP. 1. Of Lands.  
Chap. 2. Of Lands in use, or in trust.  
Chap. 3. Of copyholds.  
Chap. 4. Of chattels real.  
Chap. 5. Of chattels personal.  
Chap. 6. Of Chatells intrust.  
Chap. 7. Of Aliens, and Strangers.  
Chap. 8. certain special powers absolute, given to the Lord Chancellor by several Statutes.  
Chap. 9 certain special powers absolute, given to the Lord Chancellor jointly with others, by several Statutes.    

CHAP. I.  
Of the Authority judicial of the Lord Chancellor, and Court of Chancery in general.  
1 
9 E. 4. Potentia ordinatam.  THe Chancellor hath two manner of powers, (viz.) Potentiam ordinatam, and Potentiam absolutan; Ordinata potentia, is where a certain order is observed, and so it is used in positive Law.  
But Potentia absoluta, is lex naturae, quae non 
Potentia absoluta.  habet certam ordinem, but useth all means to know the verity, Et ideo dicitur processus absolutus, also in lege naturae requiritur, that the parties be praesentes, or that they be absentes, per contumaciam, which is when they are warned, and make 
Default.  default, and in both these there must be Excommunicatio veritatis per Cancellar. 9 E. 4. 14. 
Excom. veritatis.  Subpoena, 11. b. Conscientiae, 26. b. Jurisdict. 10.  
2. The Chancery is no Court of Record, in respect 
37. H. 6.  that it is a Court of Conscience, and holdeth Plea upon Subpoena, but as it trieth matter 
Court of Record.  upon Scir. fac. and Debt, and such like, it is a Court of Record, Per Prisc. Cap. Justic. in Com. Banco, 37. H. 6. 14.  

8. E. 4. Statute process.  3. If a Statute do ordain process at the Common Law, the Chancery doth not follow the Form prescribed by the Statute; but if a Statute doth give a title of right to any man, than the 
Right.  Chancery doth obey the Statute; per Cancellar. 8. E. 4. 5. This is to be understood of general Statutes, in which the Court of Chancery is not expressly named. 
Filz. Natura brevium. Term.   
4. The Chancery may hold plea upon Scir. fac. and other such Writs as appertain to that Court, as well out of the Term as in the Term, per Fitz Harbert in Natura Brevium. b. Jurisdict. 116.  

4. E. 4. Adjournment.  5. When the Term is adjourned by reason of sickness, or of any other cause; yet the Chancery is never adjourned; for the Chancery is always open, 4. E. 4. 21. b. Jurisdict.  

5. E, 6. Common Law. Original. Conscience.  6. In an audita querela sued to avoid a recognizance, knowledged in the Chancery, the Chancellor ought to judge according to the course of the common Law, because the matter cometh before him by original Writ, but upon matters depending before him upon Bill, he may judge according to conscience▪ 5. E. 6, Con. 72. casus Rosse & Pope.  

6. E. 6. Surmise.  7. The Ceancellor ought not to take precise knowledge of any surmizes, nor ought not to take away the Jurisdiction of any Court, nor the profit of any person, by credit or suggestions, 6. E. 6. Con. 74. casus Wymbish, &c.  
8. By these authorities it appeareth, that 〈◊〉 hath two powers, th' one ordinary, th' other absolute: By the ordinary, he holdeth plea in Latin, and the Record after issue joined, is sent into the King's Bench, to be tried by Jury.  
And this is wholly according to common Law, and in such it is a Court of Record; but the absolute power holdeth plea upon Subpoena, and by English Bill, and by pleading, and so it hath 
English Bill. Pleadings in French.  been used, excepting in Anno 20. H. 6. there are some bills in French, as appeareth by the Records of that Year, and he intermeddleth only with matters of Conscience, and therein it is no Court of Record, and in both these powers he may hold plea out of the term.   

CHAP. II.  
What matters he may hold plea of in the absolute power.  
1. THe Chancery in the absolute power, holdeth suit by Subpoena only, of such matters 
39 H. 6. No remedy.  as are nor remediable by the Common Law, per Prisot. capit. Justic. in Com. Banco 37. H. 6. 14. & per Jenney Apprentic. 39 E. 6. 2. 6. conscience, 6. & 4. E. 7. 4. Subp. 17.  
2. It appeareth that in Anno 21. E. 4. Many 
Good pleaders.  subpoenas were used to be sued, and therefore Fairfax Justice said; That if the Chancellors would be good Pleaders, there would not be so many Subpoena's sued in the Chancery as there 
Privilege.  are, for divers of those Chancery matters might be converted to actions upon the case, and so the Jurisdiction of the Common Law Courts should ●e maintained, as for example; if one do obtain 
surmise false.  a Supersed. of privilege upon a false surmise, an action upon the case doth lie, and there needeth no Subpoena. 21. E. 4. 23.  

Secundum Conscientiam. Secundum allegatum.  3. The Chancellor must judge secundum conscientiam, & non secundum allegatum. For if the complaintiff suppose in his Bill, that the Defendant hath done some wrong, and the Defendant answereth nothing; yet if the Chancellor hath knowledge that he hath done no wrong 
Default. 9 E. 4.  to the complaintiff, the complaintiff shall not recover at all, per Cancel. 9 E. 4. 14. subp. 11. b. consc. 26. & 6. Jurisdictions 50.  

21. H. 7.  4. One sued by Bill in the Chancery, and he could not prove his Bill, but the proof of the Defendant was better than his; Wherefore Grevill sergeant said, That the Defendant ought to have judgement to be discharged, and complaintiff to be barred; to whom it was said for the complaintiff, That the matter is determinable at the Common-Law, and therefore such Judgements may not be given; and Grevill said, That the complaintiff shall be estopped to sue so, because 
Estoppell. Default.  it is his own doing; And when one sueth a Bill, he must prove his Bill before he shall have judgement, although the Defendant never answered: and the Chancellor was of the same opinion▪ but yet Conesby sergeant, said to the Defendant, That he should never have judgement in the Chancery upon the matter, but only a procedendo. 21 H. 7. 34. H.  
5. By these causes it appeareth, That the Chancellor holdeth plea but of matter not remediable by the Common Law, and that he must judge according to truth, and not upon the default of the party, as the Common Law u●●●h.  

Rot. Parliam. br.  6. Note that in ancient time, where the matter was against reason, and the party had no remedy by the Common Law, it was used to sue for remedy in Parliament, and the Parliaments were holden of course, twice every year, but now most of those suits are in the Chancery, and the Parliaments 
Parliam.  are not so often holden, vide Rot. Parl. & Brooke Parl. 33.  

Remedy without Remedy.  7. The Chancellor said, Nullus recedat▪ a Cur Cancellar. sine remedio; but Fineux said, si nul▪ lus recedat sine remedio ergo nullus indiget esse confessus, but the common Law is ordained for many matters, and some, such as are not remediable by the Common Law, are to be relieved in the Chancery, but divers are remediable by neither; and such are in Conscience between a man 
Conscience Doctor & Student. without Remedy. Conscience.  and his Confessor, 4▪ H. 7. 4▪  
8. In many cases where a man doth wrong, yet he shall not be compelled by way of compulsion, to reform it, for many times it must be left to the Conscience of the party, whether he will redress it or not, and in such case he is in Conscience, as well bound to redress it, if he will save his soul, as he were if he were compellable thereto 
Wager of the Law.  by the Law. As if the Defendant wage his Law in an action of debt, brought upon a true debt, the plaintiff hath no means to come by his debt, by way of compulsion, neither by Subpoena, nor otherwise, and yet the Defendant is 
False verdict.  bound in Conscience to pay him. Also, if the Grand Jury in Attaint affirm a false Verdict, given by a petty Jury, there is no other remedy but 
proof.  the Conscience of the party: Also where there can be had no sufficient proof, there can be no remedy in the Chancery, no more than there may be in the spiritual Court, as Doctor and Student, C●. 18.  
9 Note by these two last Authorities, that there are two sorts of ●●ges conscientiae, the one is lex conscientiae politicae, by which the Chancellor ordereth matters; In which Law of Conscience, there is respect had unto the laws, customs, and State of this Commonwealth, and the other is lex conscientiae Divinae, by which there is no compulsive relief in this world, but the offendor standeth at the judgement of God only, and this in times past was said to be examinable between the offender and the Confessor.  
Note also that this rule, Nullus recedat a Cancellar. sine remedio, is to be expounded that the Chancery giveth remedy for the common law matters, by granting of the original Writs, which are for the most part returnable into the common law Courts; and for matter of Conscience, by examining them in the Chancery itself, neither doth this rule any way extend to the Law of Conscience divine.  
The Statute made in the 4. H. 4. is this▪ That whereas in Plea real as well as personal, 
Stat. 4. H. 4.  after judgement given in the King's Courts, the parties be made to come upon grievous pain, sometimes before the King himself, sometimes 
judgement.  before the King's council, and sometimes into the Parliament, to make new answer thereunto, to the great annoyance of the parties, and in subversion of the common Law. It is ordained, That after judgement be given in the King's Courts the parties and their heirs be thereof quiet, until the judgement be admitted by attaint or by error, if there be any error, as it hath been used by the Law, in the time of the King's Progenitors. Stat. Anno 4. H 4. Ca. 22.  
And upon the said Statute is made by Doctor and Student an inference, (viz.) There is a Statute, made 4. H. 4. cap. 22. Whereby it is Enacted; That Judgements given in the King's Courts, shall not be examined in the Chancery, Parliament, nor else where; by which Statute it appears, that if any Judgement be given in the King's Courts against Conscience, that there can be had no remedy, for the Judgement cannot be remedied without examination, and the examination is by that Statute prohibited; Yet this Statute is not against Conscience: for if such judgements should be examined in the Chancery before the counsel, or in any other place, the plaintiffs should seldom come to the effect of their sure, nor the Law should never have end; to eschew that inconvenience the Statute was made, lib. Doct. & Stud. cap. 18. Note by that Statute, and by this explanation thereof, that the Chancery may not examine, nor intermeddle after judgement is given at the Common Law, and yet the Statute speaketh not expressly of the Chancery.   

CHAP. III.  
Whom he may call to be assistants to him.  
1 IN a Parliament holden in the 2 d. year of H. 4. The Commons exhibited a Petition, conceiving that the Justices of both the Benches were called into the Chancery from both their places, to help the discussing of matters traversed into the Chancery, whereby the Common Law was hindered, and the subjects damaged, and therefore they prayed; That it might be Enacted, That when any traverse of any Office is tendered in any scir. fac. awarded, that the same may be sent and returned into one of the Benches, there to be discussed and ended according to Common Law.  
To which Petition the King answered, the Chancellor may do so by his Office, and let it be as it hath been heretofore, by the discretion of the Chancellor for the time being, Rot, Parl. Anno. 2. H. 4. Artic. 95.  

Sta 4: H: 4  2. The Statute de Anno 4. H. 4. is, Let the Chancellor have power, by Authority of Parliament, to call unto him such Justices as it shall please him, and the chief Baron of the Exchequer 
justice's Chief Baron.  it need be, to provide remedy from time to time, according to their diseretion. Stat. Anno 4. H. 4. cap. 9 in most of the time of H. 6. the Decrees were entered in this form, considerate. 
Temp. H. 6 Decrees  fuit per cur. de Assensu Johannis Fortescue Milit. capitalis Jus●ic. Dom▪ Regis, ad placita tenend.. & diversor. alior. Justic. & Servient. ad legem 
justice's▪ sergeants.  in Cur. present. existent. quod, &c. And sometime it was De assensu omnium Justic. utriusque Banci. And sometimes of one or two Justices, petition in Cancellar. de temps H. 6.  

27▪ H. 6: 37. H. 6. 7. E. 4. 22. E. 4. Exchequer Chamber Justices.  In the Chancery upon a Subpoena sued, the matter being doubtful in Law, the Chancellor adjourned the parties into the Exchequer Chamber, and called the Justices of both Benches to assist him. 27. H. 6. 13. b. consc. 4. & 37. H. 6. b. consc. & 7. E. 4. 14. & 22. E. 4. b.  
The Lord Chancellor called Fi●z-harbert, Justice into the Chancery, to assist him in the argument of a Question in Law, arising upon a 
27. H. 8. Chancery.  suit of Conscience, 27. H. 8.  
By these Authorities it is evident, That the Chancellor may, as well in matters concerning the absolute, as ordinary power, call the Justices to assist him, and that either into the Chancery, or into the Exchequer Chamber.   

CHAP. IV.  
How the absolute power increased, and of the Statutes concerning the same.  

Magna Charta.  1 THe Statute of Magna Charta is, That Nul●us liber homo ca●iatur, vel impriso●etur aut d●●ss●is●tur, de libero tenemento suo, vel libertat. vel liberis consuetudinibus suis, aut ut legetur, aut ●xuletur, aut aliquo modo disturbatur, nec super eumibimus, ●ec super eum mittemus, nis● per legem terrae, Magna Charta cap. 30. This Chapter is but a confirmation of the custom of the realm, lib. Doct. & Student, cap. 7.  

Doctor & Stud. Stat. 5. E. 3  2. The Statute of the 5. E. 3. is, That none shall be attached, by any accusation, nor forejudged of life nor limb, nor his Lands, Tenements, Goods nor Chatels seized into the King's hands, against the form of the Great charter, and the Law of the Land. Statute 5, E. 3. cap. 9  

1●. E. 3. 5. Stat.  3. The Statute of 15. E. 3. is, That none shall b● taken, by Petition or Suggestion made to the King, or to his council, unless it be by Indictment, or Presentment of good and lawful men where such deeds be done, in due manner, or by process made by writ, or original at the Common Law, nor that none be put out of the Franchises, nor of their Free holds, unless he be duly brought in to answer, and forejudged of the same by way of Law, and if any thing be done against the same, it shall be redresled, and holden for non-Stature. Anno 25. Edw. 3. cap. 4th.  
4. The Statute 28. E. 3. is that no man shall be put out of any Land or Tenement, or taken, or imprisoned, or disherited, or put to death, without being brought in to answer by due process of the Law. Statute Anno 28. E. 3. cap. 3.  
5. By these Statutes it seemeth that neither the King, counsel, not Chancellor, might not atach, imprison, banish, or put to death any man, nor seize his lands nor goods, or cause him to answer, but upon indictment, presentment, or original, as in the case ensuing.  
A Commission was awarded out of the Chancery 
42. E. 3.  in 42. E. 3. to Commissioners, authorising them to apprehend a man and his goods, and to commit him to Prison, and because this was done without Indictment, or suit of any party, or other due process, it is contrary to the Law, and the Commission was adjudged void, per Knivet & Thorpe, Captal. Justic. 42. Assi. 15 & crompton 67.  

Stat. 37. E. 3.  The Statute of 37. E 3. That though it be not contained in the great Charter, that no man be taken, imprisoned, or put out of his Freehold, without process of the law, yet divers people make false suggestions to the King himself, as well for malice as otherwise, whereby the King is often grieved, and divers of the Realm put to great damage and loss, against the form of the same Charter. Wherefore it is ordained, that all they that make such suggestions▪ be sent before the Chancellor, Treasurer, and his great counsel, and that they there find surety to pursue their suggestions, and to incur the same pain that the other should have had if he were attached, in case that this suggestion be found evil, and then process of the Law be made against them, without being taken or imprisoned, against the form of the Great charter. Stat. 37. E. 3. cap. 18. But this punishment is qualified by another Statute.  
By this Statute, the abuse of suggestions was reserved and a form of proceeding appointed, also it seemeth to allow, that the party accused may have punishment, if the suggestion be true, by these words [the same pain as the other should have had if he were attainted.]  
Also, though the Statute make mention that the Petition be sent before the Chancellor, Treasurer, and counsel, yet this hath been expounded of the Chancellor in the Chancery alone, as experience teacheth, and so was the Law taken before the making of this Statute, in Anno 12. 
12. E. 3. C●●●●●n Pu●sell.  E. 3. 47. b. Jurisdiction 102. notwithstanding that the Petitioners, were by the endorsement directed to the Archbishop and counsel, calling to them the Chancellor.  
The S●●tute of Anno 43. E. 3. is, That 
Stat. 43. E. 3.  some accused persons have been imprisoned, and others compelled ●o come before the King's counsel b● writ or otherwise, upon a grievous pain against the Law; It is therefore affented, that no man be put to answer without presentments before Justices, or thing upon record, or by due process, or by writ original, according to the old Law of the land; and If an● thing from henceforth be done to the contrary, it shall be void in the law, and holden for error. Stat. Anno 42. E. 3 cap. 3.  
11. By this Statute it appeareth, That men had been compelled to come before the counsel by Writ or otherwise, upon grievous pain, which employeth the usage of the Subpoena, but it was all restrained by this Act.  
12. The Statute of 17. R. ●. when persons be compelled to come before the King's counsel, or in the Chancery by writ grounded upon untrue suggestions, the Chancellor for the time being, by and by 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 troubled untruly, Stat. Anno 17. R. 2. cap. 6.  
13. This Statute, as it giveth damages against the accuser for it, establisheth the authority of the Chancellor in trying of such suits, for the makers of the Statute would not ordain punishment for the abusers of such suggestions, unless they had meant to allow of the suits being orderly used, and this Statute seemeth to give the first and greatest allowance to the Jurisdiction of the Chancery by Subpoena, which appeareth by Petition made by the Commons, in a Parliament holden 3. H. 8. where they complained, that the writs, called Subpoena, et certis de causis, were never granted before the time of R: 2. the art▪ of which complaint are as followeth.  
In the third year of King H 5: the Commons exhibited a Petition unto the Parliament, concerning the grievances that did arise by the suits of Subpoena in the Chancery and Exchequer (viz.)  
THat these Writs were sued of matters determinable by the Common Law. 
Rot. Parl. 3. H. 6.   
That they were never granted nor used before the time of Richard the second, wherein John Waltham late Bishop of Sarum, and the Master of the Rolls, by his subtlety caused them to be found out, and to begin, that they are contrary to the form of the Common Law.  
That they are a loss and hindrance of the profits which should arise to the King, by the Fees, Fines, Issues and Amerciaments, and other profits in other Courts, if such matters were sued and determined by the Common-Law, because no profit ariseth to the King by the Subpoena, but only 6 d. for the Seal.  
That the Justices of both Benches, when they should intend their places, about Pleas and taking of Inquests, for the dispatch of the People, be occupied with the Examinations upon Subpoena, to the great vexation, loss, and costage of the People Subjects.  
That the Subjects are long time delayed from the sealing of their original Writs, because of the great business of the Chancellor about such examinations.  
That in such examinations there is great clamour and noise made by men unlearned in the laws without entering any record thereof.  
That such suits will not be ended but by examination and oath of the parties, according to the form of the civil Law and spiritual Law, in subversion of the Common Law.  
That if the Defendant cannot be convicted by their examinations, than they are forced to compound and agree with their adversaries; or else to abide in Ward, or upon bail, until they have compounded or agreed.  
That if the Defendants cannot be convicted by their examinations, than they are forced to find sureties for the Peace, which they might have done in their Country, without repair to the Courts.  
wherefore they pray redress after special form in the Bill limited, but this Bill passeth not. Rot. Parl. Anno 3. Hen. 5. Art. 46.  

Stat. 15. H. 6.  14. The Statute made in the 15. H. 6. is, That divers persons have been greatly grieved by writ of Subpoena, purchased for matters determinable by the Common Law of this Land, to the great damage of such persons so vexed, in subversion and impediment of the common-Law, the King will, that the Statutes thereof made, shall be kept after the form and effect of the same, and that no writ of Subpoena be granted, till surety be found to ●atisfie the party so grieved and vexed for his damages and expenses (if so be the matcer cannot be made good, which is contained in the n Bill.) Statute Anno 15. Hen. 6. cap the 4th.  
15. This Statute explaineth, that the making of the great Charter, and the other old Statutes, was to redress suggestions to the King's counsel or Chancellor, where the matters were determinable at the common law, but exte●deth not to such as had no other remedy▪ For this Statute willeth that the old Statutes shall stand, and yet alloweth a Subpoena to be granted, upon putting in of sureties▪ It is proved also by this precedent.  
Note also that there are no petitions of the Chancery, remaining in the Office of Records, of elder time than the making of the said Statute.  
16. One sued by Petition to the King, who delivered the same to the Chancellor, and upon a 
21. E. 3. Petition  scire sac. the Defendant appearing, took exception, alleging; That his suit is to recover his Freehold which ought to be at the common law, & non allocatur, because this suit cannot be in any Court but in the Chancery, 21. E. 3. 47. jurisdict.. 102.  
Note also that there are no Petitions of the Chancery remaining in the Office of Records, of elder time, than the making of the Statute of the 15. H: 6. for the ancientest to oe found are in the 20th. year.  
So that by this may appear, that the absolute power was feared, and prevented in the time of K. John, by whom the Magna char▪ was granted, and that it was frequented and usurped in the time of Edward 3. who so often restrained the same, and it was allowed and established in the time of R: 2. who in some part made Reformation thereof.   

CHAP. V.  
Of what force the Decrees, and Injunctions, Executions, and Punishments of the Chancery be.  

39 E. 3. judgement reversal counsel.  1. IN an Assize, the Parliament wrote to the Justices to surcease, notwithstanding which they proceeded, and awarded the Assize; whereupon the Chancellor did reverse the judgement before the council, this reversal was adjudged void, for that was no place where a judgement might be reversed, 39 E 3. 14. b. Judges 13.  

33. H. 6.  It was decreed in the Chancery, by the advice of all the Justices, that the Defendant should bring in an Obligation, wherein the complaintiff was bound to him to be canceled, and because he refused, 
Obligation  he was committed to the fleet, there to remain until he would fulfil the Decree, and the Defendant having put his Obligation in suit at the common Law, the complaintiff pleaded this Decree in bar, and it was ruled to be no good plea in bar, because the obligation had lost his force by the Decree per P●iso● & alios Justic. in come. Banco.  
And if it had been decreed by express words, that the Obligation should lose his force, these words in the Decree would have been void at the common Law, per Billing sergeant, and of the councillor's aw●rd a supersed▪ under the Great Seal, reversing the Decree, and commanding the Justices not to proceed at the common law, the same is not to be obeyed, otherwise it is a supers. 
supersed. Privilege.  of Privilege, per Billing & Boef S●rj●ants, 37. Henry 6. 13. Bar 75. b consc. 4  
2. If a Feoffee upon trust, refuse to perform the trust, and upon Sub●oe●●▪ in Chancery it is 
37. H. 6.  decreed that he shall reinfeoff the Feoffor, and he refuse and is committed, if the Feoffor enter into the Land, and the Feoffee bring an Assize 
assize. Decree. Plea.  against him, this Decree is no plea in bar to the Assize, per Laicon sergeant. 37. H. 6. 13.  

37. H 6. judgement▪ Plea.  3. Note that judgement was glven in the Chancery in Pleas of Debt or of Patents may be pleaded 
Decree. Court of Record.  in any other Court at the common law, other. wist it is of decrees made, thereupon a Subdoena, because it is no Court of Record, in respect of such suits, per Prisott: cap. Justic. Co. Ba. 37. H. 6. 14.  
4. Note that if it be decreed that a Defendant 
37. H. 6.  shall bring in an Obligation to be canceled, the Chancellor can do no otherwise but command him to prison, to remain there until he will do it, and that is all which the Chancellor can do, for if the party will lie in prison, rather than deliver the Obligation, the complaintiff is without remedy, per Prisot. cap. Just. Co. Ba. 37 H. 6. 14.  

9 E. 4. commandment.  5. Note that Young Justice demanded this Question, What if the Chancellor should command me upon a pain, that I should not sue my Debtor? Billing Justice answered, that he were not bound to obey it; for that commandment is contrary to Law: 9 E. 4. 53. b. Judges 22. but this is meant of a commandment, no Bill being exhibited.  

22. E. 4. Injunction judgement.  6. In an action of trespass, the plaintiff recovered by verd●ct at nisi prius before judgement; the Chancellor granted an Injunction, commanding the plaintiff that he should not proceed to judgement upon pain of 100l. Fairfax Justice said, that although the Injunction were against the plaintiff, yet his Attorney might pray Jument, vel è contra: Hussey chief Justice of England said, that they had communed upon the matter, and they could se●●o hurt that could come 
Forfeiture. Subpoena.  to the plaintiff, although he prayed Judgement contrary unto the Injunction, for the Law doth not give any forfeiture of the sum contained in the Subpoena, and if he be committed to the Fleet we will ptesently grant a habeas corpus ret 
Habeas Corpus.  before us, and then we will dismiss him, and the Justices said, though the Chancellor would not disallow the Injunction, yet they would give judgement if the party would desire it, quod notum Banco Regis, 22. E. 4. 37. 6. Judgement 86.  

2. R. 3: judgement.  7. King Richard the third called before him into the Inner Starchamber all his Justices, and demanded of them this Question among others, That whereas Tho. Staunton had judgement in the Chancery, to recover against Tho. Gate certain Lands and Tenements, and in execution thereupon, yet Tho. Gate, contrary to the judgement and execution entered into the Lands; where unto the chief Justices answered, That if 
Notice. Imprisonment.  Gate had notice of the judgement, then at all times after such notice the Chancellor might compel him by imprisonment. 2. R. 3. 9 
2. R. 3. 9   
8. A Feoffee upon trust, was enjoined to make estate to the Feoffee before a certain day, Subpoena 
10. H. 7. Injunction  100. and he did nor perform the Injunction, and H●ssey chief Justice of England, and Vavisor Justices, and divers Apprentices said clearly, that there could no▪ scire fac. or other process be awarded for the King against the party, to levy the 100l. because it is but a pain; and if the Defendant make default in a Supoena, the 
Subpoena. Forfeiture.  pain is not forfeited, for it is put in the writ but only interiorem, but if the party make default, the Chancellor may assess a Fine upon him, according to his discretion, and that assessment is a judgement, and a scire fac. shall be awarded upon that, in such sort as it may be upon Recognizance in Cancellar. 10. H. 7. 4. b. Const. 29.  

27. H. 8. Decree Right. Person.  10. Note that a Decree in Chancery doth bind the right of the party, but doth not only bind his person to obedience, that if he will not obey, the Chancellor may commit him to ward until he do obey▪ and that is all which the Chancellor may do, but Judgement given in the King's 
Imprisonment.  Court, Common-pleas, and other Courts of the common law, do bind the right of the party, per Knightly sergeant, in Canc, 27. H. 8. 15. 
27. H. 8. Injunction Execution. Obligation.  Judges. 1. & b. judgement 2.  
11. If an Injunction in Chancery be made, That I shall not sue S I. if I die my Executors may sue him notwithstanding, for they are not bound thereby: For if I be bound by Obligation that I shall not sue S I. if I die, my Executors may sue him, and it is no for feature of the Obligation, per Fitzharbert Justic. in Canc. 27. 
Brooke. Heir. Executor.  H. S. 16. consc: 1. and Brook in abridging the case, doth think it were hard, that the Chancellor should enjoin the Heirs or Executors, although they were expressed in the Injunction 27. H. 8▪ 15. But at this day the form of Injunctions doth by express words extend to bind the Heirs, Executors, Counsellors, Attorneys, and Solicitors of the party, saving that the sergeants of the law, do take themselves to be exempted by Warrant of their Oath, by which it seemeth also, that they should not be of counsel with any complaintiff in the Chancery.  

Fleta.  12. Note that in the Book called Fleta which was made in the time of King Edw▪ the first, by all the Justices, either at such time as they were in the Fleet, or else at such time as they inhabited in the street called Fleet-lane, it is thus written. Tot erant formulae Brev. quot sunt genera actionum, quia non poterit, quid sine bred agere praecipue de libero tento suo quia non tenetur quis respondere sine brevi nisi gratis voluerit, & cum hoc secerit quis ex hoc ei non injurabitur volenti enim & scienti non fit injuria.  
13. By this it is to be collected, that the right and possession of land, may be decreed in the Chancery, in a suit commenced by the party's consent, as appeareth also by a precedent following. 
Consent.   
14. Agnis Lombard being expulsed without process out of Tenements in Beverley by Thomas Lombard, they submitted themselves to the Decree, Order, and Award of Michael De la Polle Earl of Suffolk, Lord Chancellor; who by writing under his Seal decreed, that she should have the Tenements, rents, and arrearages thereof during her life, and an Injunction Subpoena was awarded to the tenants to pay the rents and arrearages accordingly, and to certain tenants unto whom Tho. Lombard had leased against the will of Agnis, that they should not meddle any more therewith, or else they to show cause to the contrary, in decimaquinta pascha, also it was then decreed by the advice of Robert Belknap, chief justice of the Common-pleas, and of John de Waltham Master of the Rolls and others, that she should be put it full and peaceable seize in thereof, whereof a Writ Patent by warrant of the counsel was directed to the bailiffs, Aldermen and Burgesses of Beverly, to put her in seisin and possession, and to defend her therein, claus. Anno 9 R. 2. pro Agnet Lombard.   

CHAP VI.  
Whether the Chancellor may intermix his power absolute, with the ordinary.  

8. E. 4. Privilege. Judge. Temporal Conscience. And the Debtor was discharged of the execution, and prayed his damage against them both, and the Master of the Rolls said, although by the Common law damages should be adjudged against them both. Audita querela Damages.  1 IF an attachment of Privilege be sued against an Attorney in the Chancery, this attachment is in the nature of an action at the common law, and the Chancellor said, that in that suit he had two powers, one as a judge temporal, another as a judge of Conscience, for if it appear unto him upon the matter showed in the suit that there is conscience, he may judge thereof according to Conscience, but all the judges said that he might not Iudge aecording to Conscience, because it is to be ruled according to common law, and if there be Conscience in the matter, than the party grieved may exhibit a bill thereof, and in that the Chancellor may judge according to conscience, 8. E. 4. 66. consc. 15. Jurisd. 112.  
2. One was bound unto I S. and I D. in a star. staple, and I S. released afterwards, I S. not knowing thereof sued execution, the Debtor sued an Audita querela, and upon the scir. fac. I S. and I D▪ being demanded in the Chancery I D. made default, and that was ruled to be a default in them both. Yet this being the Court of Conscience, we as well judge according to conscience, as to law; and it were against conscience that he which had no knowledge of the release, should pay damages; But Chock justice said, that in this case they are and must be judges only according to Law, and the Master of the Rolls said 
Conscience. Common Law.  he would be advised, 11. E. 4. 9 b. damages.  
3. One traversed an office in the Chancery, and being at issue was sent into the King's Bench to be tried, & the party came and showed, that the King had granted the Land before, & so he should have had a scir. ●ac. against the Grantee, wherefore he pursued not his Traverse, and it was demanded of the Justices if he might have a scir● fac. out of he Chancery upon the first Traverse, and they all answered that he might, because that in pleading a default of form should not in any case be prejudicial in the Chancery, for it cannot be called a Court of conscience, if the act of a clerk in pleading should cause the party to lose his suit and his expenses.  

14. E. 4.  4. In Camera Scaccarij, 14. E. 4. 76. traverse d' Office, 39 & 6. Jurisdict. 76. Upon Petition made to the King, and by him delivered over 
Traverse of Office.  to the Chancellor to do right, appeared that the King's Tenant being Tenant in Taile, had granted with warranty, Lands, and an advowson to a College, and that the King had Presented by colour of the Wardship of the Heir, contrary to the grant, and the Incumbent pleaded for the King, That the Heir had no Lands descended from his Father, and that the Wardship was no bar; but because it appeared by divers Offices returned 
Mispleading.  into the Court, that Lands to the value of 1000 marks were descended to the Heir, Therefore the Court awarded in Conscience, That the College should be restored to the Presentation without trial by Jury, that the same assetz did descend. 43. ass. p. 21. Agr. 75.  
Hereby it appeareth, That although the Chancellor may not mix his absolute power with the ordinary concerning the right of the cause, yet he may somewhat use the same in matters of expedition of proceedings.   

CHAP. VII.  
The form of the Pleadings.  

9 E. 4.  ONe sold certain Wool to I S. and I D. for 3. l. and I S. had all the profit thereof, and they were bound in several Obligations; Afterwards the Creditor sued I D. the surety, upon one of 
Obligation  the Obligations, being 300l. who sued a Subpoena, and showed in his Bill, that the Creditor was satisfied of a great part, and had given long day for the rest, and exception was taken to the bill by Catesby A●prentice, because that the 
longer day,  Complalntiffe alleged, that a great part of the whole sum was paid, and showed not how much was paid, and it may be that the money paid was for other obligations and not for this; also he hath not shown what day was given to I S. The Chancellor said, that it did not lie in 
Incertainty. the sum,  the notice of I. D▪ what sum was paid, or what day was appointed; and therefore he cannot declare it, but it must appear upon the examination of the Defendants confidence, but he shall show certainly such matter as lieth in his knowledge.  
Also in this Court it is not requisite that the 
Notice the day certainty  Bill be all certain, according to the solemnity of the Common law; for it is but a Petition. 9 E. 4. 41. Subp. 12. et b. Conse. 3.  
2. Note, that the Chancellor said, that a man shall not be prejudiced by mispleading, or for default of form, but according to the verity of his matter; and the Chancellor must judge secundum conscientiam, & non secundum allegat. For if the complaintiff suppose by his Bill that the Defendant hath done him wrong, a d the Defendant answereth nothing, yet if the Chancellor have knowledge that the Defendant did no wrong to the complaintiff, the complaintiff shall not recover any thing, 9 E. 4. 14▪ Snbp. 1●. Jurisd. 51. & Consc. 26.  

Mispleading.  3. Mispleading, nor default of form, shall not be prejudicial to the Chancery: omnes Justice. in Camera Scacc. 14. E. 4. 7. b. traverse d' Office 39 & b. Jurisd. 76.  

14. E. 4. Bill.  4. A Subpoena was sued against T. Tate, and before answer Tate exhibited a Bill against the Complaintiff, to have an estate in the same land, and because his Bill came in last, he was forced to put in his answer to the first Bill, and so they 
Answer.  were at issue; And afterwards it was showed to the Court, that Tates bill did vary from his own answer in two points, which were the ground of the matter. And it was holden by the Chancellor, by the advice of the King's sergeants, that the answer should stand, and it was notwithstanding the Bill, and it was objected, that if the 
Variance,  matter were fond for Tate, than he should recover upon his Bill, but now he cannot do so, because his answer is directly contrary. Whereunto the King's sergeants answered▪ That Tate might be suffered to amend his Bill, according to his answer, because he was sworn upon his answer, 
amende.  but not upon his Bill. quod nota 14. E. 4. subp. 15.  

16 E. 4. Answer.  5. A Bill was ab●●red for insufficiency of matter, and the complaintiff showed new matter, and the Defendant was awarded to answer to it, per Cur. Cancellar. 16. E: 4.  

16 E. 4. Answer.  6. If a sub poena be sued against 4. Executors, and one of them doth only appear, he shall not be forced to answer without his Companions, but Markeham. Capit. Iustic. Angl. But Rogers Apprentice said, that he might answer alone if he 
8 E. 4. Executors Answer.  would, without his Companions, but shall not be compelled thereunto. 8. E. 4. 5. Brooke, Con●c. 15.   

CHAP. VIII.  
What Costs and Damages shall be awarded in the Chancery.  
1 NOte that where a Woman is only endowed 
43 E. 31  by reason that her first Dower was recovered from her she shall recover no damages, 
Damages.  for damages are not awarded in the Chancery per Cur. Cancellar. in praesen. Iust. 43. Asss. p. 32. & 43 E. 3. 2. Damages 195. & B. sc. sa. 161  
W. Fishlack exhibited a Petition to the King against the Prior of Windham, that his ship sailing to Lon. was assaulted by Enemies of France, that he & his Mariners for fear fled to the land by boae by Hapsburgh in Norsolk, and the ship being spoiled by them was cast up at Hapsburgh in the prior's land, who seized the same as wreck, The King delivered the Pe●it. by writ to the Admiral, willing him to do justice, who proceeding therein upon suit of the Prior made to the King was commanded to certify his proceedings before the King and his council, and to warn the parties to appear at a day certain in the Chancery, where upon hearing, it seemed to the Justices and King's sergeants, and other Lawyers being there, that the ship, goods, and chattels ought not to be accounted wreck, and Judgement was given that William Fishlack 
Wreck, Damages, Costs.  should be restored thereunto, and to his damages, costs, and expenses which he had sustained by the prior's default in the prosecuting, and that he should satisfy the Prior and his servants for their reasonable costs employed in saving the sh●p and goods. Clauss. An. 5 R. 2. R. 6. pro W. Fishlack de Bacton.  

17 R. 2 Damages.  It was enacted Anno 17 R. 2. that where people be compelled to come before the King's council, or in the Chancery by writs granted upon untrue suggestions, the Chancellor after that such suggestions be found and proved untrue shall have power to ordain and award damages after his discretion, to him which shall so unduly be troubled, Stat. Anno 17 R. 2. c▪ 6 accusation 8.  

Stat. 15. H. 6. Surety.  It was enacted Anno 15 H. 6. that no writ of sub poena shall be granted till Surety be found to satisfy the party grieved for his damages and expenses, if the matter cannot be made good which is contained in the bill, Stat. Anno 15 H. 6 c 4. accusac 9▪  
5. It was used since these Statutes to enter the Sureties upon the bill in this form, Plegii de prosequend. T. W. de H. in Com. Midd. Ar. & J. K. de B. in Com. Midd. Ar. or else in this form, Memorand. qd. 23 die Januar. An. R. R. H. 6 34. E▪ F. de paroch. de S▪ London Fulles, & T. J. de London Ye●man coram ipso Domino Rege in Cancellaria sua personaliter constituit manuceperunt ●ropraed. querent. quod si ipse materiam in hac supplicatione content. verum probare non poterit tunc ipsi omnia damna & expenss 
Damna, Expenss.  quae sub poena d●ct. d●f. in hac parte sustinebit per considerationem Curtae & satisfaciet juxta formam statuti inde editi, but this is now neglected▪ Pe●ic. in Canc. de An. H. 6.  

7 E 4. Bill ●nsuffic,  6. Note if a Bill be exhibited and the Deft. demur upon the insufficiency thereof, and by the Court the bill is awarded insufficient, in that case the Def. shall have no costs or damages by 
Costs, Damages, Bill untrue  the statute, because the statute giveth the damages ●here the bill is found true or untrue, but in this case the truth is not tried, 7 E. 4 14. Dam. 44. b. Costs 19 & b. Damages 163 per Cancellartam & Jnstic. utriusque Banci in Camera Scaccar.  

7 E. 4. Grant to use costs.  7. Note that the grantee of Lands, or Goods upon trust, is not compellable in conscience to sue or ●efend, but only at the costs and charges of the grantor, 7 E. 4 29.  

11 E. 4. Audit. que. Damages.  8. It seemoth that if one sue execution upon a statute staple, where he hath released the duty before, and the debtor sueth an Audit. quer. against him to avoid the Execution, and the creditor maketh default, he shall pay damages, vid. 11 E 4. he fo. 46. a casu secundo.  

2●E 4. Injunction.  In an action of Tresp. the Plaint. recovered by verdict, and the Plaint▪ showed in the King's bench, that the Chancellor had awarded an Injunction against him, whereby the sure had not long delayed, and now (depending the Injunction) he prayed his Judgement in the 
King's Bench, judgement Damages.  King's Bench, and it was given, but the Court would not afford any damages for the Plaint. vexation in the Chancery, by the Injunction, in Banco Regis 22 E▪ 4. 37. b. Damages 138. & b. judgement 86.  

21 E. 4.  10. In an Action of trespass the Defendant was found guilty by verdict, and the Plaintiff showed in the Common place that the Defend 
Common place▪ Injunction  had sued a sub poena in the Chancery, and had obtained an Injunction, that he should not proceed at the common Law till the matter in the Chancery were tried, and how by means of the suit in the Chancery the Plaintiff had spent ten Marks, and now the Injunction is dissolved, the Plaintiff dismissed to the common Law, 
Dismission  and therefore he prayed the Justice to increase the costs because of this vexation. And Brian the ch. Just. awarded that the Plaintiff should recover three pounds for his costs, besides his damages in come. banco, 21 E. 4. 78 b. consc. 22. & b. costs.   

CHAP. ix..  
Reformation and Reversal of judgements and Decrees made in the Chancery.  

37. H. 6. Decree, parliament Error.  1. NOte that upon a Decree made in the Chancery by sub Poena, the party may have a writ of error in the Parliament to recover the same if it be erroneous, in such sort as he may have to reverse Judgements erroneously given in the King's Bench per Chock sergeant, 37 H. 6. 3. Iurisd. 53. & error 95. But 
Brook.  note that Brook abridgeth the case, that Prisot the chief Justice was of the contrary opinion, which is not to be so collected by the book, but by implication; yet may it seem that no writ 
Petition,  of error doth lie, but a petition to the parliament in the nature of a writ of error, but 
judgement Record.  Prisot said that Judgements in the Chancery upon scire facias to repeal Parents and pleas or persons privileged are reversable by parliament, because they are Judgements, but the decrees are not.  

27 H. 8:  2. Cholmly sergeant said, if a decree be made in the Chancery, that the Chancellor hath not 
Decree, tho same Court, parliament  power to reverse that decree in the same Court, but it must be redressed in the parliament, for Judgement given in the King's Bench, Common-place or Exchequer, are not reversable in the same Court but in a higher Court.  

Order, good cause.  But Knightley sergeant said▪ that a decree was but an Order taken by the Court for the time the which upon good causes showed may be redressed in the same Court, but Devistall sergeant said, that if it might be so, there would be an incessant confusion of all causes, wherefore the Chancellor cannot reverse an absolute 
absolute decree,  Decree, but he may reverse a Decree which is made with a quousque; for an absolute decree is much like a definitive sentence given in the 
definitive,  spiritual Court, which cannot be redressed in the same Court, but by application into a higher Court; and the King's Secretary interrupted him to speak any further of the authority of the 
appellation. 2 R. 3. patent, scirefacias error, the same court, reform. Revocation.  Chancery. In cancel. 27 H. 8. 6.  
In a writ of error to reverse a Judgement of petition in Chancery, the Defendant took exception that the Judgement given in the Chancery might not be reversed in the Chancery, being all one Court, but in the parliament. Et non allocatur exception. per Cur▪ cancel. 42. asss. p. 22. b▪ error. 131. It seemeth that this was not properly a reversal of the petition, but rather and is like to the case ensuing.  

2 R. 3. patent, scire facias, error, the same court, reform. 18 E. 3. Stat. Merchant, King's Bench,  I the Lord Chancellor grant a patent of land and after make a patent to another of the same land, the second patent is revocable in the Chancery by scire facias, but not by writ of error, for a Court may reform, but not reverse their own Judgements, 2 R▪ 3.  
A statute Merchant was acknowledged in the Chancery, the money payable Anno 16. and the party sued execution, and his writ supposed the same to be payable, Anno 14. and by this suit the Feoffee was put out of power, and he sued a writ of error in the King's Bench, and it was awarded that he should be received to the suit, 18 E. 3. 25. error p. & 17. asss. p. 24.  

13 Eliz. common Law.  And Plowden reciting the case saith, that if upon suits in the Chancery according to the order of the common Law there be error, that shall be reformed by a writ of error in the King's Bench, which is a higher Court, 13 El. Com. 393.    

The Second Part of the Absolute Power.  

CHAP. I.  
Of Lands.  

6 E. 4. coparceners' Covin.  IF two Copartners bring a Formidon, and one of them by Covin between the Tenant and him will not join with the other in a true Declaration, the other may compel her by such poe●a to join in the true Declaration, for else the Action would abate. per M●●le justice & Ien●ey sergeant, in Co. Ba▪ 6 E. 4. 10. b. cons●. 12.  

Doct. & S●ud. Jointenant all the profit.  2. If two men have a wood jointly▪ and one of them felleth the wood and keepeth all the money to himself, his f●llow hath ●o remedy by the Law, for as when they took the wood jointly, they put each other in trust, and were contented to occupy together, so the La● suffereth them to order the profit● thereof according to the trust that each did put in other, and yet if one took all the profits he is bound in 
Conscience  conscience to restore the half to his fellow; for as the Law giveth him right only to half the land, so it giveth him right only in conscience to the half profits; and yet it cannot be 
Law.  said that the law is against conscience; for the Law willeth not that one shall take all the profits, but leaveth it to their conscience, Lib. Doct & Stud. cap. 19  

Doct. & Stnd. eldest son.  3. In many cases conscience shall be ruled after the Law; as the eldest son shall have his father's land by conscience, as he shall in law; and so he shall in law, and so in Burgh English, the youngest son shall enjoy the land both in 
gavelkind all children. Law, custom,  law and conscience; and in gavelkind all the sons and daughters shall inherit together, and there can be no other reason gives why it should be so in conscience, but because law or custom is so, lib. Doct. & Stud. 2. c. 15. for divers good causes upon that ground.  
4. Tho. Parrick and Agnes his wife exhibited a bill, containing that one Beatrice whose heir Agnes is, was seized, and took to husband Thomas Bradley present in the Court, and died, Bradley continued as Tenant by the courtesy of England, until now of late he claimeth and publisheth that he hath fee-simple, and withheld 
Present in Sect. Tent▪ cur●efie▪ claim fee-simple.  the Charters; wherefore they prayed that he might he examined what estate he claimeth, and to be recorded, and to knowledge what Charters he hath, & to deliver them to the complainants defendant D●smissum est à curia quietus sine die per consi▪ cur. co qd materia in hac supplicatione contenta non est sufficiens ad p●nendum ips●m defend. ad examinat. super ●undem petition. Pet. in Canc. 20 H. 6. the defendant hath authority by law to keep the Charters, 
Charters.  and although in words he claimeth fee-simple, yet because it is not alleged that he did not any act to the disinheritance of the 
Dismission  complainants, therefore it seemeth he was dismissed.   

CHAP. II.  
Of Lands in use or trust.  
Land's in Lond. were devised to the devisors son and three others in fee, and that one of 
3 H. 9  them should have the profits during his life, 
Rem. of use  the devisor died, the son and heir sued a sub p▪ against the two others, to compel them to release unto him, because the use of the land ought 
use for life  to be in him after the death of the per ●or, and it was thought reasonable per omnes Justic. in 
Release.  camera Scac. 3 H. 6. devise 22. & 8▪ feoffment all uses 49. So it is if the same had been done by feoffment.  
2. On●●made a feoffment upon confidence, 
31 H. 6.  and afterwards declared his will to the Feoffee that one of the daughters should have the land after his decease, and after that he came to the Feoffee and told him that his said daughter would not be married by him, and therefore he revoked his Will, and willed that his other daughter should have the land by conscience. 
Revocation of will.  Laicon, when he made his first Will, the first daughter had presently an interest in the land, 
Revocation of use. quid pro quo.  which he would not defeat; as if one make a feoffment to the use of a stranger, he cannot afterwards revoke that use. Illingworth, there appeareth not any cause why the first daughter should have the land; and therefore seeing the Feoffor had not quid pro quo, it is no bargain, but of his mere will which he may by good conscience change, as if the Feoffor had afterwards 
fall into poverty.  fallen into poverty, he might with good conscience compel the Feoffee to re-feoff him again, Prisot ch. Justice of the Common-pleas, when the refeoffor had once declared his Will, and willed the land to his daughter, the Feoffee standeth presently subject to the will of the daughter, and is discharged of the Feoffee; and such a Will is as strong as a Feoffee, 
Special cause.  which is annexed to a Livery of seisin, Fortescue chief Justice of England, the Feoffor may have his will, if there be special cause, otherwise not; as if after the first Will the 
Son born.  Feoffor had a son born he might well have changed his Will, and given it to his son and 
Felon after feoffment.  heir, for there is a reasonable cause of his claim, and so it is if the daughter had become a Felon, 35 H. 6▪ sub poena.  

Felon, 15 Eliz.  3. Stac. consc. note that the better opinion is conceived to be, that he may revoke the first Will, 15 Eliz. Dyer. 3. 25.  

3 H. 6: use after feoffment.  4. Note, it was agreed, if any infeoff another, he may declare his Will unto him afterwards, and appoint the use to whom he will; 31 H. 6. sub poena 23. Stach. consc.  
5. If I infeoff one to perform my last Will and himself a stranger, I have no cause of sub poena against the Feoffee, but I may sue my first Feoffee and recover in damages for the value of the land, per Yeluerton & Wilby, Clericis 
Enfeoff a stranger, second Feoffee, Damages, bona fide, trust.  Rotulorum, and this is meant where the second feoffment is made bona fide, in which cause I have no remedy for the land, and so it was adjudged in the Cardinal of Winchester's case, but if the second feoffment had been also upon trust, than I might recover the land by sub poena against the second Feoffee, 31 H. 6. sub poena 19 Stach. sub poena.  

33 H. 6▪ Enfeoff strangers, bona fide, second feoffment, refuse to infeoff.  6. If I make a feoffment upon trust that the Feoffee shall infeoff my heir when he cometh to full age, and the Feoffee infeoffeth a stranger bona fide to the intent to dis▪ inherit my heir, there the trust is detained, and the heir is without remedy against the second Feoffee by sub p. or otherwise; but if the Feoffee had ret●ined the land himself, and refused to infeoff the heir at his full age he might have compelled him thereunto by sub poena per Dunby Just. in come. banco, 33 H. 6. 15.  

33 H. 6. pet. in law.  7. Richard Frank made Feoffees to the use of the last Will of him, and Agnes his wife, and they died, having issue John and Izabel; John was outlawed of murder, and also delivered to the Abbot of Westminster, as a Clerk attainted for robbing a boy called a (Monstral) out of the Church of the Prioress of Clerken-well; 
Outlawed, Clerk attainted, outlawed of treason.  and lastly was indicted and outlawed for Felonies and Treasons, and during his life Isabel sued a sub poen, against the Feoffees to be enfeoffed of the land, as next heir to the land, the Feoffees upon their Oaths confessed the trust, wherefore it was decreed by the Court, by advice of John Fortescue Knight chief Justice of the K▪ Bench and divers other Justices and Serj. that the Feoffees should execute an estate 
next heir.  to Isabel and her heirs, q● nota petic. in Canc. Ann. 33 H. 6. 2 pts.  

37 H. 6. Refuse to inf●off, Imprisonment: 37 H. 6. Will, 2 Feoffees.  8. It the Feoffee upon trust do refuse to perform the trust by denying to reinfeoff the Feoffer, he shall be compelled thereunto by sub poena, and decree and imprisonment, per Liac. Ser. 37 H. 6. 13.  
9 One having four Feoffees seized to his use, sold his land to J. S. and said to two of his Feoffees, that his Will was that they four should make a feoffment unto J. S. accordingly, which two Feoffees notified his Will unto the other two, who refused to join in the feoffment; whereupon the first two alone made a feoffment to J. S. of their parts▪ and afterwards▪ the Feoffer sold the lands to J. D. and required those two Feoffees which refused before 
Notice.  to infeoff J. D. who did so accordingly, and J. S. sued a sub poena against the two Feoffees which refused, and because the two feoffs did burr only give notice to the other two Feoffees of the Feoffers Will, and did not tell them that the Feoffer had commanded them to infeoff 
commandment.  I. S. and without commandment they were not compellable to make the feoffment, therefore the two Feoffees which so refused were dismissed per canc. & omnes Iust. 37 H 6. 35. sub poena b. consc. 5.  

37 H. 6.  10. If the Feoffer do send his servant to his Feoffees commanding them to make estate according to his Will, the Feoffees are not bound to make a feoffment without specialty proving his Will per plur. Instic. 37 H. 6 35 
37 H. 6. refuse to take.  sub poena 1▪ b. consc. 5.  
11. One willed that his Feoffees should make an estate for life to I. S. the Remainders. to I. D. in fee, I. S. refused to make the Estate for life, I. D. may compel the Feoffees by sub poena, to limit an estate in rem▪ unto him after the death of I. S. per Jenney Serj. & Fincham apprentice, and Fincham said, that the Feoffees ought to make an Estate to the heir of the Feoff r during 
Remainder.  the life of I. S. if I. S. did ●●fuse the rem. to I. D.  

refusal by Tenant for life.  12 And I. D. may compel the Feoffees by sub poena to grant the rem. in the life of I. S. for else by the refusal of I. S. he should lose his rem. otherwise it is if a man devise ●a●ds by his Testament to I. S. for life, the rem. to I. D. 
Testament  further if I. S. refuse, yet there needeth 〈◊〉 sub poena, because he may enter by the law b● force of the Testament, 37 H. 6. 36. sub poena▪ 6. consc. 5.  
13 If any Feoffee in trust be diss●iz●d▪ I 
Diss●izin in assize.  may have sub poena to compel him 〈◊〉 bring Assize against the Diss●●sor per M●●le & Danvers justice in communibance, 2 E. 4. 2. b. consc. 5.  
14 If If I be bound by obligation to I. S. 
●. E. 4. Obligation refuse to take.  to the use of I D. that I shall infec●s I. D. for certain lands, if I do offer a Feofnient unto I. D. and do refuse ●o receive, the obligation is thereby discharged, but I. D. may ●ave a sub poena to compel me to infeoff him notwithstanding per Danby Capit. Iustice de communi banco, 2 E. 4. 3.  
15 If any Feoffee upon trust infeoff a stranger▪ and do s●ll the l●nd to him for money, yet if he give knowledge unto the stranger, that he himself 〈◊〉 i●●●ely upon trust, I may compel the stronger by su●●oena to perform my will, 5 E. 4. 76. Feofments a● use 32. sub poena 2.  

5 E. 4. Youngest son.  16 If Tenant in Burgh English infeoff one to the use of the Feoffor and his heirs, the youngest son shall have a sub poen, to recover the land but not the eldest, 5 E. 4. 7. 6. Feofments all use 32. sub poena 2.  

5 E. 4. mother's side, heir of the father's side.  17 If one seized of land which is descended unto him from his mother do make a feoffment upon trust, and then die without issue, the▪ heir by the mother's side shall have a sub p. to recover the land, not the heir by the father's side, 5 E. 4. 7. b. Feofments all use 32. sub poena 2.  

5 E. 4. Remainder,  18 If a Tenant in tail (the remainder being a stranger) do make a feoffment to his use, and die without issue, having declared his Will, the sub poena belongeth to such person as is limited 
Tenant in tail, declare Testament.  by his will, and not to him that hath the remainder, but if he have declared no will than he in the remainder should have had the sub poena, quaere E. 5. 47 sub poena 26. Feofm. all use 32. But Brook thinketh that he in the remainder shall have no sub poena in neither case, 
Common Law. 5 E. 4. Husband and Wife.  because he may have his remedy at the common Law.  
19 If the Husband and the wife be seized in the right of the wife, and the Husband make a feoffment▪ although he declare no will, yet the wife shall not have the sub poena, because as Brook thinketh;  

no consi●. use not expressed.  20 when a feoffment is made without any consideration and no use expressed, the feoffment shall be intended to be to the use of the Feoffor, and his heirs; and also the wife may have her cui in vita by the common Law, 5 E. 4. 76. Feofments all uses 32. sub poena.  

4 E. 4. Half blood▪  21 If a man have issue, a Son and a Daughter by one Wife, and a Daughter by another Wife, and maketh a Feofmeut to his use, and dieth; if the Son do take the profits, and die, 
Take profits,  his Sister by the whole blood shall have the land by sub poena, and the other suffer nothing, because the rule, that Possessio fratris de feod. 
Possessio fratris.  simplici fecit sororem esse haeredem, doth extend to uses, as well as to lands, 5 E. 4. 7. sub poena 3. b. Feoffment all uses 33. & b. descent. 36. & 
4 E▪ 6.  Com. 4 E. 6. 58. per Mountague capit. Justic. de communi banco; and if the Father had devised his land to a stranger, this would have been no possessio fratris, because the freehold of the use 
estate for life, for years.  was in the stranger; but if he had devised it only for years, it would have been a good possessio fratris, 5. E. 4. 7. sub poena 36. Consc. 12. & by descent.  

5 E. 4. Attainder, Felony, Escheat.  22 If I. S. make a feoffment in trust, and be afterwards attainted of Felony, the lord of whom the land is holden shall not have the sub poena by Escheat, 5 E. 4. 7. B. feoffment all use 34.  

5 E. 4. 7 E. 4. King use void.  23 Note that the King cannot be enfeoffed to any other man's use although it be so expressed, neither doth any sub poena lie against him, but the feoffment is good, and the limitation of the use void, per Markham & Brian capit. Iustic. 5 E. 4. 7. 7 E. 4. 17. Office 2.  
24 One being enfeoffed to the use of a Woman, she took a Husband, and the Husband sold the land to a stranger, and the Woman received the money, and the Feoffee at their request enfeoffed the stranger, the Husband died, and the Wife brought a sub poena against the Feoffee, who showed the matter, and the Wife 
7 E. 4. Husband and Wife.  demurred; Starkie Apprentice, if the Husband make a feoffment of the wife's land, she shall avoid it by a cui in vi●a; and so if the Husband do sell the wives use in the land, this Sale shall in conscience be said the Sale of her Husband alone, and not of them both, and therefore the sub poena doth lie; which saying was affirmed of all the 
Receive money.  Justices of both the Benches; and the Chancellor said, that all which a woman Covert doth shall be esteemed to be done for fear of her Husband, and the receipt of the money by her 
cui in vita Coverture. Prison, Satisfact.  is not material, because she cannot have the free disposition thereof, and the Complaintiff prayed that the Defendant might be committed unto Prison until he made satisfaction; and the Chancellor said, that the Complaintiff might have a sub poena against the stranger which bought the land; but Yeluerton said, that she might have a sub poena, if the stranger had 
Feoffee, Notice.  knowledge of the wrong and deceit done to her, but otherwise not. The Chancellor answered, that the stranger knew well that she was a woman Covert, in cam. Scacc. 7 E, 4. 14. Sub poena 3. B. consc. 13. b. Feofm. all use 4.  

7 E. 4. Plead Actions, c●●ts.  25 Note that a Feoffee of trust is bound by conscience to plead all Pleas, and to maintain such actions for the land as the Feoffor will have him, but it shall be at the Feoffees charge, per omnes Justic. but it is doubtful whether 
Dilatories.  the Feoffees be compellable to plead dilatory Pleas, 7 E. 4. 29. sub poena 9 br. Feofments all uses 38. & 6. consc. 27.  

8 E. 4. He●●.  26 Note that Coke Justice said, that he sued once a sub poena against the heirs of a Feoffee upon trust, and the matter was long debated, and the opinion of the Chancellor, and of the Justices was, that the sub poena did not lie against the Hei●, whereby he was put to exhibit his Bill in the parliament, 8 E. 4. 6. sub poena, 8. B. consc. 16. Note that it must be intended 
parliament  that the Heir had not the land, but that the land was sold before by the Feoffee to a stranger; for if the Heir had the Land, he is liable to the trust as well as the Feoffee.  

9 E. 4. Payment, Tender, Refuse to reinfeoff.  27 If I do lend money to I. S. and he infeoffeth me of his Lands, and it is agreed that I shall take the profits thereof until he have paid me: if I. S. do pay the money, or tender it unto me, and I refuse to reinfeoff him, he may compel me by the sub poena, per Pigo● Ser▪ jeant. 9 E. 4. 25. Bar. 100  
28 It was holden in the Chancery, that if any Feoffee upon trust do infeoff any other which knoweth of the trust, I may have a sub poena against them both; but if a stranger knowing the trust had done a Tre●passe upon 
11 E. 4. 8. 13. consc. 17  any Feoffee, I might compel my Feoffee by sub poena to sue him, and to recover Damages, I shall have no sub poena against the Trespassor, but only against my Feoffer, because he might lawfully procure his own discharge, but the Reporter thinketh that the Trespassor is punishable by sub poena, as well as the Feoffee, 11 E. 4. 8. sub poena 13. consc. 17.  

14 E. 4. Heirs, gavel kind, common voice.  28 A sub poena was sued against two sons and heirs of gavel land to compel them to make an Estate of the land of which the Complaintiff had infecffed their father and others to his use, of whom their father was the Survivor, the Defendant said, that the common voice of the Country is, that the feoffment was to the use of the Complaintiff, and of his wife, and of the Heirs of their two Bodies begotten, who have Issue, therefore they prayed a writ to warn the Issue, and upon the writ the issued appeared, and showed that he was under age, and prayed that the matter might 
Age, descent,  stay until he came to age, and the chancellor by the advice of Laicon and Littleton justices awarded that the matter should not stay, because he was not seized of the Land by a descent, 
Next Cousin, 14 E. 4. Heir,  wherefore the Issue by his next Cousin declared his Title, 14 E. 4. Age 20.  
30 Note that a sub poena doth lie against the Heir of the surviving Feoffees, 14 E. 4. Sub. 14.  
31 A sub poena was brought against three Feoffees upon trust, to compel them to execute an Estate to the Complaintiff, one of them said, that the Complaintiff made a feoffment to the other two in his absence to the behoof of 
Agree. Lord.  all three, and he died never agreed to the feoffment, and the Land is holden of him, so that he cannot execute an Estate but that he shall 
Extinguishment. Disclaims.  extinguish his own Seigniority; and therefore he disclaimed in the Land, and it was allowed to be a good answer, per curiam Cancellarii, 16 E. 44. sub poena 18.  

17 E. 4. Award, Release.  32 If I and another do submit ourselves to an award, and it is awarded that I shall cause my Feoffees in trust to release to the other being in possession, I may compel my Feoffees by sub poena to fulfil the award per omner Iustic. in communi banco, 17 E. 4. 4.  

Testament.  33 A woman made a feoffment upon confidence▪ and afterwards took a Husband, and in her deathbed she made Testament that her Feoffees should make an Estate to her Husband, and to his Heirs; the woman died, and the Husband sued a sub poena to compel the Feoffees to perform her Testament, and it was ruled that the Testament was void, and 
Coverture. Fine.  that the Feoffees were not compellable to perform the same, for Law and Conscience do allow nothing to be good which is done by woman Covert concerning her Inheritance, except it be by Fine levied where she is openly examined in the Court, for this Testament would be a dis▪ inheritance to her Heir, but she may make her Testamet of Goods, and make Executions by consent of her Husband per cancel. & omnes Justic. uno tantum excepto. And Vavasor showed to the Court that Anno 7 E. 4. a woman Covert having Feoffees upon trust, she and her Hus●and sold the Land, and she received the money, and afterwards the Husband died, and she sued a sub poena, and it was adjudged to be a good suit, 18 E. 4. 118. consc. 28. b. Testament. 13.  

20 E. 4. custom, Infant, Sale.  34 The custom of Kent is, that an Infant of fifteen years may sell his Land, and the case was that an Infant made Feoffees upon trust, and afterwards being above fifteen years old he willed the Feoffe●s to make an Estate thereof to him and his wife in tail, and the question was whether they were compellable by sub poena to do it or no, and it was holden that the Feoffees were not compellable, because the Infant cannot will his Land by the custom, for the custom is only of Sale, and is always to be construed strictly, according to the very words also at the Common Law▪ such a will 
custom Strict.  made by the Infant of Lands is void, and so it is in conscience per Littleton Jenney & omnes socios Justic. 21 E. 4. b. Testament. 17.  

21 E. 4. Burgh English, youngest son, gavelkind.  35 Note in Burgh English land where the youngest shall inherit, if the Father make a feoffment upon trust, the youngest son shall have the use, and the sub poena, and so it is of gavelkind land, where all the Brothers do inherit per Dig. App. 21 E. 4. 24. b. Testament. 17.  

22 E. 4.  36 Hussey chief Justice of England said, that when he came first to the Court which was about thirty years past, it was holden by all the Court that if one enfeoffed another of trust 
Heir, descent,  which died seized so that his Heir were in by descent, no sub poena should lie against the Heir, for the same reason a sub poena might be against the Heir after two descents which were inconvenient, but the Chancellor said that there 
President.  are precedents in the Chancery that a sub poena doth lie against the Heir in Cam. Scacc. 22 E. 4. 6. b. consc. 23.  

7 H. 7: Notice, Feoffee.  37 If a ftoffee upon confidence make a feoffment to one that hath knowledge of the confidence the feoffer shall be restored again in the Chancery, otherwise it is if the purchasor had no knowledge of the confidence per Cancel. 7 H. 7. 12. sub poena 18.  

5 H. 7. Infant, Offices.  38 The Feoffees upon trust of an Infant may grant all ordinary Offices for term of life, as Steward, Bailiff, and Receiver, and they shall have allowance thereof, in their Accounts when they are called to account in the Chancery, 
Account▪ Fees, Ass●nt▪  but they cannot grant any fees for term of life, without the assent of the Heir when he is of full age per Hussey & Brian cap. Just. Ang. But Keble sergeant said, that if the Feoffor were able and willing to be Bailiff or Receiver himself, or if that there were need of any 
Defence, suits. Allowance.  Steward, Bailiff, or Receiver, than he might repeal the Grants by sub poena, also it was agreed that the feoffees might defend the Land in all suits with the profits thereof, and should have allowance thereof in Counsel, 8 H. 7. b. Ftofments all uses 12.  

10 H. 7. Coverture,  39 Note it was adjudged that a woman Covert Executrix might make sale of her lands to her Husband, and that it is a good Bargain, and the feoffees upon trust are bound to make a 
Executrix, Sale, Fleet.  feoffment accordingly; and in this case because three feoffees did the contrary, they were committed to the Fleet, 10 H. 7. 20. This is to be understood, where the Land was devised to the Woman being Executrix to the intent to be sold for the performance of the will of the Testator.  
40 Certain feoffees were seized to the case of 
10 H. 7. use for life,  Sir Richard Rooe for life, and afterwards to the use of others, and the feoffees made a feoffment in fee to Sir Richard Rooe, the question was whether Sir Richard Rooe had forfeited his Estate or no, and Hussey and Brian chief Justices 
Forfeiture, Discontinuance, Reformation.  agreed that it was no forfeiture by the common Law, for no man's Reversion is dis▪ continued thereby, otherwise it is if Tenant for life of land had made a feoffment to a stranger, for that were a forfeiture, and the chancellor said, that in the first case it was no forfeiture in conscience, but he would reform so much as was amiss done and no more, and so it had oftentimes been ordered before the chancellor, 10 H. 7. 2.  

10 H. 7.  41 A feoffee upon trust was seized by a 
Injunction, Infeoff.  sub poena by the Feoffor, and the feoffee was enjoined that he should make an Estate to the feoffor before a day certain sub poena 100 lib. in Cau●. 10 H. 7. 4.  

Refeoff Die seized.  42 The Heir of Co. qu. use shall have after the death of his father the issues and profits of the Lands, as if his father had died seized thereof, and he may compel the Feoffees upon trust by sub poena to infeoff him, and shall have all advantages, as if his father had died seized in Camera Scacc. per Wood sergeant, 13 H. 7. 7.  

4 H. 7. ●Ref●off.  43 If the Feoffees upon trust will not infeoff the Feoffor, he may compel them by sub poena in communi banco per Brian cap. Justic. de communi banco & Danvers Justic. 14 H. 7. 19  

15 H. 7. Testament, sell.  44 One having feoffees in trust, devised by his Testament, that his Feoffees should sell the Land, the Feoffor died, the Feoffees enfeoffed others to the first use, the second Feoffees may not perform the Will, but the first Feoffees may, and the second Feoffees may do it, because there is a kind of use in I. S. seeing he is specially named, and he may compel them to sell unto him, and if the Will were that the Feoffees should sell his Lands to pay his Debts, the Creditors may compel the feoffees to sel● it, but if he had willed that the feoffees should sell the Land for money to be distributed there no man can compel them to make the Sale per Fineux cap. Justic. & Read & Tremaine Iust. 
speciality named, Debts, Creditors.  If the Will were that his Executors should sell it, though his Executors refuse to administer, yet the ordinary Administrator may not sell it, but the Executors themselves may, notwithstanding the refusal cause the uses not testamentory 

Distributed, Executors refuse Administration, Ordinary Administrator, Testamentory Executors, Executors, Heirs.  
14 H. 7. Testament, Specialty, named second Feoffees.  
14 H. 8. Pleas refuse, Voucher, Action de case without Heir, within age, attainted, Eschete, Lord.  
14 H. 8. Office, without Heir.   per Finenx cap. jusiic. Angl. Red & Termail Iustic. And if he will that his Land shall be sold, and show not by whom, his Executors shall sell it, and not the feoffees, for the Executors have the greatest confidence put in them, for they have the disposition of the money for which it is sold per Fineux cap. Iust. Angl. Red & Tremaine & Frowick sergeant. And if the Will be that the Land shall be sold, the Heir shall take the profits until it be sold per eosdem in Banco Regis, 15 H. 7. 1●. b. Feofm. all use 12.  
45 If one having feoffees upon trust do make his Testment that they shall have an Estate to I. S. and dieth, if the feoffees infeoff others to the first use, the second feoffees may make the Estate by Kingsmell sergeant, 14 H. 7. 33. 23. Feofments all use 12.  
46 In a Formedon against two feoffees upon trust, if the feoffees refuse such Pleas as the feoffor doth minister to them, or if they or one of them do refuse to vouch where the feoffor showeth to them good cause of voucher, the feoffor hath no remedy against the feoffees to compel them buy by sub poena, or else by Action upon the case per to●am Curiam. And Bradnell chief Justice of the Common-place said, that if a feoffee upon trust die without Heir, or die his Heir being within age, or is attainted of felony, so that the Land cometh to the Lord, the Lord shall have it to his own use, and the feoffor hath no remedy in communi Banco, 14 H▪ 8. 24.  
47 The feoffees upon trust may grant the Offices of Steward and Receiver per Newdibank sergeant: if the feoffor die without Issue within age, the Lord shall hold the land to his own use, and if the feoffees acknowledge a Stat. 
within age,  Merchant, and the Conusee do extend the Land, he shall hold it to his own use, because the said persons do come unto the Land by the 
Lord, Dower,  operation of Law, and not by their own Act, nor by the Act of the Feoffees, but if the feoffees infeof a stranger which hath notice of the 
Stat. Merchant, Notice, Particeps criminis consentientur fraus.  first use, there the second feoffee shall be seized to the first use, though he paid a consideration, Quia participes criminis consentientes & agentes paci plena plectentur dolus & fraus nemini patrocinetur; and if the second feoffment be to one that hath notice, and he pay consideration, than he shall be seized to the first use, but if he pay no consideration, nor have no notice, yet it shall be to the first use per Justic. & Servients. If the feoffees grant a Rent for Life out of the Land without any consideration. If it be to one that hath notice of the first use this Rent shall be to the use of the feoffor of the Land, per Pollard, Brook, & Fitzherbert Iust. in communi Banco, 14 H. 8. 4.  

27 H. 8. Burgh English, gavelkind.  48 A use shall ensue the nature of the Land, for if it be use of the Burgh English Land, the youngest shall have it; and if of gavelkind, than all the Children, por Pilman sergeant, 14 H. 8. 6. in banco & 27 H. 8. per Pollard apprentic.  
49 If the feoffee upon trust die, his Heir shall be subject to the trust, per Bradwell cap. Just. Fitzherbert, & Brook Justic. in communi banco, ●4 H. 8. 7.  

14 H. 8. Common Law.  50 Note by Brook Justice, that uses are created by the common Law, and are relieved by conscience, and all meddling with the Land by the Feoffees ought to be at the desire of the 

Creation, Relief, Desire of Feoffer. 14 H. 8.  
S●igatory, Escheats, Recovery in value. 19 H. 8.  
Executor, Executor of Executor.   Feoffor, and if the Feoffee do otherwise, he is chargeable in conscience, 14 H. 8. 8. in communi Banco.  
51 If one have Feoffees in trust of signiory, if the Tenancy do escheat unto them they shall be feised to the use of the Feoffor, and so it is of Land recovered in value, per 〈◊〉 just in communi Banco, 14 H. 8 9  
52 One having feoffees upon trust wills that his Executors should sell his Lard, 〈◊〉 died, if that Executor make another Executor, in that case the Executor of the Executor cannot sell the Land, because the first Executor had that power as in authority several from his Executor ship, and though the first Executor had refused the Aministration, yet he might have sold the Land per curiam in cancella●●a Scacc. And if he had willed that the chief Justice should 
Refnse, Administ. Ch. justice, Resignation, Heir.  sell his Land, although that the chief Justice had resigned his Office and another been placed, yea the first should sell his Land per Bradwell Justic. communis Banci, and if the will were that John S. should sell his Land, if I. S. die his Heir cannot sell it, because the trust is determined per Shelley & Ingelfield Justic. & Willoughby & Spilman sergeants, 19 Hen. 8. 9  

●R. 3.  53 Note by a Statute in Ann. 1 R. 3. the Will of the Feoffor is made good by the common Law release before it took effect but by conscience, 1 R. 3.  

H. 8. H. 8. Testament, Revoke use.  54 One make a feoffment to the use of his last will and Testament, and declareth by his Testament that the Land shall be to the use of his wife for Life, and afterwards to the use of Revoke 
Expressed upon Livery.  his Son in tail, in this case he may change his will 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. feoffment 47.  

30 H. 8. Covenant,  55 If I do covenant with I. S. that when he shall infeof one of three Acres, I and my Heirs and assigns will stand seized of other Lands to his use. If I. make a feoffment unto 
Notice,  me that hath no notice of this use, yet it I. S. do infeof me of their Acres, the Feoffee shall be seized to the use of I. S. because it is a Springing 
Springing use,  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 
Sale.  no notice of the use, there the second Feoffees shall be seized to their own use, 30 H. 8. 6. Feofments all use 50.  

Temps H. 8 Fundamentum legum imperpetuum.  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 compel by sub poena per Audley cancel. temp. H. 8. & liber qui dicitur fundamentum legum Angliae B. consc. 25.  

34 H. 6. Pet. in Canc. Sale, Profits, Executor.  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 died; the Feoffor per Bill in cancel. recovered against the Feoffees Executor the money received, the value of the profits, per decretum in cancel. ex assensu omnium Iustic. & aliorum de Concilio Regis praesentium pet. in cancel. de Anno 34 H. 6.   

CHAP. III.  
Of Copy-holds.  

32 H. 6. Put out Lord.  TEnant at will by Copy of Court Roll shall have a sub poena against his Lord, if he put him out of his Ten●men●, per Kirkby Magistrum Rotulornm, & Pool sergeant, in Canc. 32 H. 6. 21. Stat. sub poena 2.  
Note, Littleton sergeant 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 freehold whereunto he being a copyholder could have no right, 7 E. 4. 19 sub poena 6. Tenant per copy 10.   

CHAP. IV.  
Of Chattels Real.  

22 E. 4. Statute Merchant, Payment, Release,  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 

Witnesses, Record. 7 H. 7.  
Statute Merchant. Recovery,   reason that the Testimony of two witnesses should defeat a matter of R●cord, Came●a Scacc. 22 E. 4. 6.  
Richard Read 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 
Termor,  against the Debtor, whereupon William Capell entered, and the Termor sued a sub poena, and 
falsify,  it was holden that if Reade had no remedy to falsify this recovery, than he should be restored 
Covin.  in the Chancery by sub poena, because it was done by Covin per cancel. & Hussey & Brian cap. Iust. 7 H. 7. 11. & 12. b. consc. 8. & b. Faux 
7 H. 7. Recovery, Receipts, Termor, In Prison, Beyond Sea.  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 sergeants, but quaere it he had 

3 M●. Use, Lease, Stat. 3 H. 7.  
Fraud, Creditors.   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 only these Gifts of Chattels void, which were made to defraud Creditors, 3 M. 16. Feofments all use 60.   

CHAP. V.  
Of Chattels Personals.  

37 H. 6. Debts, Obligation  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 sums in consideration of the same Debts; 
Things in Action.  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 canceled, or else release to I. D. per Canc▪ cum 
No remedy  opinione omnium Justiciar. 37 H. 6. 13. b. Barr. 75. 6. consc. 4.  

39 H. 6: Treason,  2 Sir Thomas Brown being possessed of certain Goods was attainted of Treason, which Goods came to the hands of John Brown, the King by Patent gave the Goods unto Walwine, and Walwine sued a sub poena against John Brown for the Goods, who came into the Chancery by Jenney his Counsel, and demanded Judgement of the sub poena, for that a sub 
Attainder, King, No remedy Detinue.  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 
Forfeiture, seizure, Record,  Law for Goods forfeited, until the Goods have been seized 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 
Court,  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 
Possession, Things in Action,  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 
Inventory, Fleet.  of the Goods against the next day, or else to be committed to the Fleet, in cancel. 39 H. 6. 26. b. conse. 6.  

8 E. 4. 3. Procurator, Save harmless, Notice Oath, Court Christian, Affiance, Damage, Promise, Folly.  A Clerk made I. S. his Procurator of his Benefice, and promised him by Oath that he would save him harmless for the Occupation, the Clerk resigned unknown to be the Procurator, and he was sued for the Occupation, and therefore sued a sub poena. Jenney Apprentice said, that he ought to sue in the Court Christian for the breach of his faith; as if one be affianced to a Woman, and then forsake her, he is to be sued there and not here, the Chancellor said, that it was true that he ought to sue there for breach of Oath, Si petit ipsum canonice inimicitia; but he shall have remedy here for the Damages he sustained by the not performance of the promise, Jenney said also, that it was his folly to trust his word, and therefore he had no remedy, Quia Deus est Procurator fatuorum, S E. 4. b. consc. 14. sub poena 7.  

8 E. 4. Executors, Answer,  A sub poena was sued against three Executors, and one of them appeared, and the Complaintiff prayed that he might be compelled to answer; Fairfax said that he ought not to answer until his fellows appeared also; for in the Action of the common Law one Executor 
One Executor,  shall not be forced to answer without his Companions, by the statute of 9 E. 3. cap. 3. Also it may be that the others can show matter to abate the Bill of which this Executor hath no knowledge, the Chancellor said that the three Executors 
Abate Bill, Notice,  are instead but of one person, viz. the Testator, and therefore one of them being but a Member shall not be forced to answer until they have all appeared. Also if he should answer, it might be that through his ignorance the other should be concluded, which 
Ignorance,  were not conscience; also that statutes that ordain process do not extend to this Court, but if it give a little right this Court must obey it, 8 E. 4. 5. because 15. Responder. 6.  

9 E. 4. Obligation,  A sub poena was sued, because the Defendant had recovered upon an Obligation by suit one Court, whereas in truth the Obligation was made in another Court, by means whereof the Complaintiff could not be suffered to plead divers Pleas, which he might have pleaded if the suit had been pleaded in the right Court, 
foreign County, Action, Pleas.  and the Counsellor said that the sub poena did well lie, because the Defendant did against conscience, for he would not have the truth known, and therefore be sued in a foreign County, and the truth cannot be so well known and tried in any place as it may be in the County where it was done, 9 E. 4. 2. sub poena 10. b. consc.  

9 E. 4.  6 Worsley and Middleton bought certain 
Obligation,  Wools price three pounds of Sir Henry which, and were bound by several Obligations, whereof one was of three hundred pounds, and Miadleton had all the profit of the wools; Sir Henry died and made his Executrix, against whom Worlsey sued a sub poena, showing in his Bill 
Receive part, Longer day,  that whereas she had received a part of the money of Middleton, and had given him longer day, yet notwithstanding she had put in suit against Woolsey; Catesby for the Defendant said, that though ●he had respited the suit against Middleton, yet Worsley is not to have advantage by it, for by Law and Conscience she might 
Discharge, Election,  have sued which of them she would; and if she had granted to Middleton that she would never sue him, yet that is no Discharge to Worsley; the Chancellor said, that at first she might have chosen to sue the one or the other, but seeing that she had made a covenant in the law of nature 
Respite, suit,  between her and Middleton to respite the suit against him, that shall give advantage to Worsley, for she hath chosen to be paid by Middleton, 
Payment by one.  and if he had either paid her, or else that it were agreed between them that she should take it up of a stranger which is indebted to Middleton, Worsley should have advantage of that, 9 E. 4. 41. sub poena 12. b. consc.  

16 E. 4: Defraud Gift, Sanctuary, Husband and Wife,  7 A Debtor made a Gift of all his Goods to another to the intent to defraud his Creditors, and keep still the Goods in his own possession, and took Sanctuary at Westminster, and died, the Goods coming to the hands of his Wife, who took another Husband, against whom (being possessed of the Goods) the Creditors sued a sub poena, and the Husband was compelled to answer to it, per▪ curiam cancel: 16 E. 4 9 consc. 19 it seemeth the Gift wa● void in Law.  

16 E. 4. Surety,  One was Surety for another, and the Debtor with two others were bound by Obligation to the Surety to save him harm less, afterwards the Surety paid the money and sued his Obligation against the principal and the two others, which suit depending the principal sued a sub poena against the Surety to have certain Goods 
Goods,  out of his hands which he had delivered unto the Surety for his security, before the making of the Obligation, and so prayed that he might 
Double charged,  not be double charged, wherefore he prayed redelivery of his Goods, the Defendant answered that his Goods were delivered for another cause, and showed the cause, and thereupon they were at issue; and the Complaîntiff prayed an Injunction that the Defendant should not 
Injunction.  proceed in suit upon the Obligation, but the Court denied it, because the Defendant had entitled himself by several means, as well to the Goods, as to the Obligation, and therefore it were against reason to delay his suit, qd nota, 16 E. 4. 9 b. consc. 20.  
One was Surety in a statute Merchant, paid the money without having a Release, and notwithstanding 
22 E. 4. Statute Merchant.  that the Conusee sued Execution, the Question was whether the Chancellor might grant a sub poena against the Conusee; Fairfax Justice and Hussey chief Justice of England said that he might not, for it were not reason by the Testimony of two Witnesses to 
Witnesses, Record, Obligation, Acquittance.  defeat a matter of Record, and so it is of an Obligation, for the Debtor may refuse to pay the Debt without any Acquittance, it is his folly to pay the Debt twice then to avoid Accord or Specialty by two Witnesses, and the Chancellor 
Common course,  said that it was the common course of the Chancery to grant sub poena upon an Obligation so satisfied, and that thereof there are 
precedents.  divers precedents in the Chancery, but he agreed that no sub poena doth lie upon statute, because it is matter of Record, in Cam. Scacc. 22 E. 4. 6. b. consc. 23.  

22 E. 4. Recovery, Payment, Release, Acquittance,  10 A Bill exhibited containing that whereas the Defendant had recovered Debt and Damage against the Plaintiff, and was paid without any Release or Acquittance, yet the Defendant had sued Execution notwithstanding, and because the Complaintiff had no remedy by the common Law, he prayed a sub poena, but the Chancellor would not grant it without advice of the Justices; for by that means every Record 
Record.  might come to be examined before him, and so the common place should be destroyed, 22 E. 4. sub poena 16.  

4 H. 7. One Executor,  11 One Executor released unto a Debtor without the consent of his Companion, by means where of the Will could not be performed, and the other Executor sued a sub poena against 
Release, Testament,  the Executor which released, and against the Debtor, Fineux sergeant said, that it was not remediable, for every Executor hath 
Sine remedia, Common Law,  an absolute power by himself, the Chancellor said, Nullus recedat à cancellor. sine remedio, and it is against reason that one Executor should have all and release alone, Fineux, Si nullus recedat sine remedio nullus indiget esse confessus, but the common Law is ordained for many matters, and some such as are remediable by the common Law, are to be relieved in the 
Chancery.  Chancery, and divers are remediable by neither, 
Consoience.  and such are in conscience between a man and his Confessor, of which sort this is one; the Chancellor▪ said that every Law is or aught to be according to God's Laws, and God's Law 
God's Law  is that one Executor being of evil disposition should not spend all the Goods, and if such an 
Restitution, Willing, Damned, Joint power, Pro salute animoe, misspend, Argue.  Executor being able do not make restitution, or being unable be not willing to make restitution, he shall be damned in Hell, and the Testament is, Constituo tales esse executores meos ut ipsi disponant. So that their power in conscience is joint and not several; and also it is pro salute animae meae, wherefore they must not misspend, if they do, they do contrary, than it is without Warrant, and to be remedied in conscience, and the Chancellor that he would have the matter argued, 4 H. 7. 4. sub poena 17. b. 
7 H. 7. Obligation Acquittance, Bar, 7 H. 7 Simple Contract, Debt Executors.  consc.  
If the Debtor payeth Debt wherein he was bound by Obligation, and receive Acquittance, this is no Bar at the common Law, and yet to be relieved in conscience, per canc. 7 H. 7. 11. If one be indebted to me without Writing, and he die, I have no remedy against the Executors by the common Law, but in the Chancery by Conscience, per canc. 7 H. 7. 12.  


20 H. 6. Petic. in Canc.  
Goods, Trust, Promise, Sale, Detinue, Wager of Law, Damages.   Thomas Baby exhibited a Bill, that whereas he delivered certain Goods of trust to the Defendant, and thereon borrowed twenty sh. to be paid at a day certain, at which day he paid the same, and the Defendant than promised to deliver the Goods on the next morrow; yet the Defendant before the morning sold the Goods to a stranger, to the end that if the Complaintiff should sue an Action of Detinue he must wage his Law; and it was decreed in curiam cancel▪ 

Doct. & Stud. Obligation, Payment, Acquittance. Stat. 27 E. 3.  
Stat. 31 H. 6.  
Robbery, Spoil, seaports, Subject.   that the Complaintiff should recover his Goods and fourteen sh. for six Spoons parcel thereof, Pet. in Canc. 20 H. 6.  
If one be bound in a single Obligation, pay the Money and take no Acquittance, or if he take one and happen to lose it, he shall be compelled by the Law to pay it again, but yet he may be holpen by sub poena, Lib. Doct▪ & Stud. cap. 12.  
Note that the statute of 27 E. 3. cap. 13. and Anno 31 H. 6. cap. 4. do give authority to the Chancellor to hear and determine Robberies and Spoilings upon the Sea, or in the Ports▪ as well in the Cases of Subjects as Strangers. v. hic fo. 58. casu pro & 3.   

CHAP. VI.  
Of Chattels in trust.  

2 E. 4. Obligation, Sue.  IF I. be bound unto I. S. to the use of I. D. there I. D. may sue a sub poena against I. S. and compel him to sue an Action of Debt against me upon the Obligation, per Moil & Danvers Junsticiarii in communi Banco, 26. consc. 6.  

4 E. 4. Money, Obligation, Administrators.  2 I. S. delivered two hundred Marks to the Chamberlain of London to be kept, and appointed the same to be delivered to his Executors or Administrators after his Decease to be employed for his Soul, the Chamberlain delivered the Money to I. D. to keep, and I. D. entered into Bond unto the Chamberlain to the use of I. S. that he would redeliver it to the Chamberlain when he should be required; I. D. died, and the Administrators sued a sub poena against the Chamberlain to compel him to sue I. D. upon the Obligation, because I. D. had refused to deliver the money for the Chamberlain, 4 E. 4. 34. b. consc. 10. & b. prohibicon. 11. b. oblige. 40.  

7 E. 4. Goods, trespass, Appeal of Robbery,  3 Note that if I give Goods to another to my use, and they be taken from him, he is bound in conscience to sue an Action of trespass against him at my charge, and to my use, but not to sue an Appeal of Robbery, because the Appellant must swear that his Appeal is true; and I cannot compel him to take that 
Oath,  Oath, per Chock Just. & ●ittleton Serj. and Brook thinketh the reason to be because the Defendant in the Appeal may challenge the combat, 
combat.  and bring the others' life in adventure, 7 E. 4. 29. sub poena 6. b. Feofments all use 38. & b. consc. 27.  

7 E. 4. Stat. Staple,  4 One was bound in a statute staple unto I. S. and I. D. to the use of I. S. and afterwards I. D. released to the Debtor, whereupon I. S. sued a suh poena against I. D. and the Debtor, and rehearsed his Bill that the Debtor had knowledge that the Obligation was to the Complaintiffs 
One releaseth,  only use, that the Release was made by Covin between them to defraud him of his Debt, and it was ordered in the Chancery that the sub poena should stand good against I. D. because 
Notice,  of his Deceit, but the Debtor was discharged of the suit, because it is lawful for every man to help himself, and to procure the Discharge 
Covin.  of his Debt, especially seeing that I. D. might have molested him for the same; also it might be that the Debtor had paid I. D. and it 
Fraud,  were no reason that he should pay it again to I. S. and it was alleged for the Complaintiff that if I deliver Goods to another to keep to my use, if he sell them to one that knoweth the 
Deceit,  use of the Goods to belong unto me, I may have a sub poe●a against the Seller and Buyer 
Discharge, Goods,  both, and so in this case, whereunto the Court answered that it was so in that case, because the Buyer did purchase Goods which in conscience are mine, but in this case by the Release the Debtor purcha●eth nothing but only dischargeth 
Notice, Sale,  himself, but the Reporter thought that the difference made between a Purchase and a 
Purchase,  Discharge was not good; for the Debtor is not cleared in conscience and before God unless he to whom the Debt in conscience appertaineth 
Policy,  do discharge him, or if he exclude him of his 
Payment to one▪  Debt by policy it is not good conscience, but if the Creditor had paid the money unto I. D. it would have discharged him against I. S. 11 E. 4. sub poena 13. 6. b. consc. 17.  
5 If one be bound to another to any use, and the Obligee knowing the use do release to the Obligor, I may have a sub poena against the Obligee, per cancellariam▪ 7 H. 7. 12. sub poena 18.   

CHAP. VII.  
Of Aliens.  

Stat. 27 E. 3. Merchant. Robbery,  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 party's hands within the Realm, and he will sue to recover the said 
Sea,  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 lawful Merchants, privy or strangers, and by such proofs 
Proof,  the same Goods shall be delivered to the Merchant without making other ●ute at the common Law, Stat. Anno 27 E. 3. cap. 13. Merchant 12. 
2 R. 3. Chancellor alone.  Note that by this statute the Chancellor alone without any of the Justices hath power to proceed to Judgement, 2 R. 3. 2.  

Stat. 27 E. 3.  2 Also the statute of 27 E. 3. is, that if Debate arise betwixt the Mai●r and Constables of the Staple and such Merchant stranger as shall be assigned to ●it with them upon discussing of 
Staple,  any plea or quarrel touching merchant's Aliens, the Tenor of the same Plea shall be sent 
Debate,  before the Chancellor and other of the King's Counsel to be determined there without delay, 

Stat. 31 H. 6.  
Seaport, Amity, League, Truce, Safe Conduct,   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 King's 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 
Attachment, Robbery,  Complaint to him made to make such process of the Chancery, as well against such Offenders to bring them into the Chancery to answer, as against any other perons to whose hands any such person so attached, Ship or Goods shall 
Delivery, Restitution,  come, & for the Deliverance & Restitution by them to be made as shall seem to the Chancellor most necessary, and upon this process the Chancellor further to proceed in this matter if 
Justice▪ Possessione●,  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, expenses 
Costs, expenses, Execution,  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 
2 R. 3. Assistant.  Chancery before the Chancellor assisted with one of the Justices. 2 R. 3. ●.  

13 E. 4.  4 A Merchant A●ien bargained with one to carry certain Bales of Merchandizes to Hampton, the party took the Bales and carried them to another place, and broke them up, and took out the Merchandizes, and conver●ed it to his own use, and the Alien complained to the 
Star-chamber, Felony,  Counsel in the Star-chamber; the Chancellor that although this Fact be F●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 de according to the 
Safe Conduct, Law of Nature, De ●oram hora, Statutes, Juris Naturae, Law Merchant.  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 stat●te that are Deliberativa antiqui juris, viz. juris naturae. And although that by their being in the Realm the King hath Jurisdiction to compel 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 came●a stellata, 1. 3. 2 4. 9 Denison. 2. b. D●nisen 5.  

Safe Conduct, Enrolment, E. 4.  5 The Chancellor said, that whereas there is a statute that safe Conducts in●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, 
Statutes, Notice, Forfeiture.  that they are not bound to know our statutes, and they do come into the Land by Warrant of the King's 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 merchandise shall bind as well Aliens as others in camera stellata, 13 E. 4, 10. b. Denisen 5.  

13 E. 4.  6 Note that it was said in the Star-chamber that a Denizen shall not sue an Alien before 

Denisen, suits, Alien. 13 E. 4.  
Safe Conduct, Robbery, Waive, Pursue the Law, King 〈◊〉 In corpore, In bonis, Covenant.   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.  

19 E. 4. League, Common Law, Real Actions, Enemy, Safe Conduct,  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 King's Enemy, than the Alien hath no Action or suit unless he come by safe conduct; and note that if all England do make War with a foreign Prince which is in League with the King, yet if the King do not assent thereunto it is not 
Open War.  open War, for the League must be broken by Ambassage, or otherwise by the King, 19 E. 4. b Denison 16. & 20.  

2 R. 3. Star-chamber, Robbery, Sea▪ Possessions, 27 E. 3.  A Merchant of Spain exhibited a Bill before the King and his Counsel in the Star▪ chamber, against certain English men, and showed 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 
League,  with the King at that time, and the taking of the Goods also, he must prove that the first taker 
King's obedience, Enemy, Restitution.  was under the King's obedience, or else in amity with the King, and not the King's Enemy, for if the taker were the King's Enemy, and robbed the Complaintiff being the King's Friend, yet those Goods being come to English men's hands shall not be restored, Quia non est depredatio sed legalis captio prout inimicus capit super immicum, in camera stellata, 2 R. 3. 2. 6. Denisen 8.   

CHAP. VIII.  
Certain Statutes giving special Power to the Lord chancellor.  

1 H. 5. Additions,  1. IN every original Writ of Action personal, Appeals and Indictments, in which the Exigent shall be awarded to the names of the Defendants addition shall be made to their Estate, Degree, or Mystery; and the Town, Hamlets, or places, and the Countries in which they were or be conversant, and the Clerks under 
Clerk,  whose names such Writs shall go forth written shall not leave out the Additions upon pain to be punished, and to make Fine to the King 
Fine.  by discretion of the Chancellor, stat. de Anno 1 H. 5. cap. 5. Additions.  

Stat. 2 H. 5.  2 If any person make Complaint duly in the Chancery, that any murders, manslaughters, Assemblies of people in great number in 
murders, Fly,  manner of Insurrections, and Rebellions, Routs, is or be▪ fled, and with-drawn in Woods, secret or unknown places, or elsewhere to the intent to avoid the execution of the Law, upon such Complaint a Bi●l shall be sufficiently made for the King, and the Chancellor after such Bill to him delivered (if he may be duly informed that such Bill containeth truth) shall have power according to his discretion to make a Writ of Capias at the King's suit to the Sheriff where the Offences are supposed to be done, ret. in Chanc. then they shall be put in Award or Mainprise after the discretion of the Chancellor, and moreover he shall send to inquire of such 
Stat. 8 H. 6. Certificate, 33 H. 6. This granted by Pet. in Canc. English Bill. 33 H. 6. 1. part. Stat. 4 H. 7. Justice of Peace.  Offences, and upon that shall be done as the Law requireth: and if the parties stand out, than a Proclamation shall be awarded, ret. in the King's Bench, and upon Default they shall stand convict and attainted, stat. Anno 2 H. 5. cap. 9 Riots 5. This statute is made perpetual, and it is enacted that the Capias shall not be awarded unless it be witnessed by two Witnesses of peace of the County where such Riots be supposed, that the common voice and tame is of the same Riots, stat. Anno 8 H. 6. cap. 14. Riots.  
3 If any person be hurt or grieved in any thing, that the Justices of peace may hear, determine or execute in any wise, he is commanded to make Complaint to the Justices that dwell next to him, or to any of his fellows, and desire a remedy, and if he have then no remedy if it be nigh such times as the Justices of Assize come into that Shire, that he then show his Complaint to the same Justices, and if he then have no remedy, or if the Complaint be made long before the eoming of the Justices of Assize, and then he so grieved come unto the King or to his Chancellor, and show his Grief, and the King shall send for the said Justices to know the cause why his Subjects be not eased, and his Laws executed, and if he find any of them in Default of executing of his Laws in the Premises, he shall cause him so offending to be put out of the Commission, and to be punished according to his demerits, stat. Anno 4 H. 7. cap. 12. Proclam 3.  

Stat. 11 H. 7. Poor People.  4 Poor people having cause of Action against any person, shall have by the discretion of the Chancellor Writs Original, and Writs of sub poena, therefore paying nothing to the Queen for the Seals, nor to any person for the writing of them, and the chancellor shall assign Clerks to write the same, and also learned Counsel and Attou●nies for the same, without any reward to the King thereof, stat. Anno 11 H. 7. cap. 12. Poor People.  
5 If any Farmer of any lands belonging to the reparation of Rochester bridge do not like to give for a new Lease as another will, than he shall have for his hettering or building such recompense 
Stat. 18 Eliz. Rochester Bridge.  as shall be thought reasonable by Agreement between the Wardens and Assistants and him, and in Default of their Grievances, such as shall be thought meet by the Chancellor or Treasurer, stat. Anno 18 Eliz. cap. 17. Bridges 2.  

St. 21 H. 8 St. 14 H 8 Merchant, Strangers, Search.  A statute was made concerning the exercise of Trades by strangers Deni sens in Anno 14 H. 8. cap. 2. and there was a Decree and an Act made that search should be made by all strangers being Artificers and householders for Offences against that statute, and if they refuse, and the same proved before the Chancellor, or before the chief persons of such Cities or Town, the Refuser shall use no longer his Occupation, stat. Anno 21 H. 8. cap. 6. Aliens 4.  

Stat. 33 H. 8. Fa●se token or letter.  6 If any person falsely or deceitfully obtain into his hands or possession any Money, Goods, Chattels, Jewels, or other things of any other person by colour or means of any false token or counterfeit Letter made in any other man's name, the Offender being convict by witness taken before the Lord Chancellor, or by Examination of Witnesses, or by Confession taken in the Star-chamber before the Counsel, or before the Justices of Assize in their Circuits, or before the Justices of P. in their General Sessions, or by Action in any Court of Record shall have such correction & punishment by Imprisonment of his Body, setting upon the Pillory or otherwise by corporal pain (except pains of Death) as shall be appointed by the person before whom he shall be convict, stat. 33 H. 8. cap. 1.  

37 H. 8. Tithes in London.  If any variance arise in London about the payment of Tithes, and upon a Complaint made to the Maior, he not end the same within two months, or if any of the parties themselves grieved, than the Chancellor upon a Complaint to him made within three months' next following shall make an end of the same with such Costs to be awarded as shall be thought convenient. stat. Anno 37 H. 8. cap. 12. Tithes 9   

CHAP. ix..  
Certain Statutes giving special Power absolute to the Lord chancellor, jointly to others.  

Stat. 31 E. 3.  THe Chancellor and Treasurer taking to them Justices and other of the King's counsel, such as to them shall seem meet, shall have power to ordain remedy for the buying of 
Fish.  Stockfish, and Botulph, and Salmon of Barwick, and 〈◊〉 Bristr●●●, and elsewhere, to the 
Wines▪  intent that the King and the people may the better be served, and have better markets than they have had before this time▪ and that the ordinances by them made in this party, be sirmly holden. Stat. de Callice. 31 E. 3. cap. 5. Fishers 4.  

Stat. 19 H. 7. Corporations. Ordinances.  2. No Master, Wardens, and Fellowships of Crafts or Mysteries, nor any rulers of Guilds or Fraternities, take upon them to make any ordinances, or to execute any acts by them heretofore made, in disheritance or diminution of the Prerogative of the King, nor of any other, nor against the common profits of the people, but if the same acts or ordinances be examined and approved by the Chancellor, Treasurer, or chief Justice, or three of them, or before both the Justices of Assize in their circuit in the Shire, where such acts and ordinances be made, upon pain of forfeiture of 40 l. for every time that they do the contrary. Stat. de Anno 19 H. 7. cap. 7. Corp. 2  

Stat. 14. H. 8. Aliens.  3. If the Ward●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 bailiffs, or Governors of the Boroughs or Towns will wrongfully entreat any stranger, in executing of the Stat. de Anno 14. H. 8. than the stranger so grieved, may by b●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 
Stat. 22 H. 8. Scavage, or Chevage.  London, touching Scavage within the same, shall be first viewed, examined, and approved by the Chancellor and Treasurer, the precedent of the counsel 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 
Stat. 25 H. 8. prizes of Books.  Books, do enhance their prizes in sale of binding, at too high and unreasonable prizes, in such wise as complaint be made thereof unto the King, or to the Chancellor or Treasurer, or either of the chief Justices, than they, or two of them shall have authority to inquire thereof as well as by oaths of 1● persons as otherwise by due examination by their discretions, and after the same so found, than they, or two of them from time to time, shall have authority to redress such enhancing of prizes by their ●retions, and to limit prizes as well of the books, as for binding them, and moreover, ●hat the offendor being convicted, forfeit for every book by them sold and enhanced 3. s. 4 d. the one half to the King, the other to the party grieved, that will complain. Stat. Anno 25 H. 8. cap. 15. books.  

28 H. 8. Prices of Wines.  6. The Chancellor, Treasurer, President of the counsel, 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 roundlet, 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 else in the City, Borough, or Town, where any such Wines shall be sold in gross, 28. H. 8. cap. 14 Wines, 20.  

Stat. 34 H. 8.  7. The L. Chancellor, Keeper of the Great Seal, Treasurer, President, Privy seal, and other of the Privy counsel, 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.  

Banckerupts.  And thus much of the Absolute power of the Lord Chancellor his judicial power; the which poor barren Treatise I have not presumed to collect, either for instruction of his honour (from whose wisdom I have always thought nothing can be hidden) or for ostentation of my reading and experience, (who do freely acknowledge myself 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 skilful 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 Hebrews, Mazcre.  
AMONG the Grecians, Nomophilax.  
AMONG the Romans, Praetor.    
In OFFICE and name, which hath been from the time of Charles the Great King of France.  
IN Offa CE and name in England, which hath been 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 seal, until 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 tempering 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 cross lines over such Records, and by entering of a (vacat) in the margin▪ declaring the cause of the Cancelling; Which may also be either by judgement given in the Court, for admitting such Record, or else by personal agreement of such party 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 o● Parliament.  
Or ●Cancellis, for that he fitteth in Judgement within certain limits or bounds. &c.  
III. His constitution, which hath been, 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.  
Walie● Gray, Bishop of Chester, and Chancellor, by Patent dated Anno 7 Regis Johannis.  
Ralph Nevil, Bishop of Chichester, and Chancellor by several 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 entered 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 faithful exercising of the Office of Chancellor, and then he sealed Writs therewith alone.  
It was delivered to the Keeper of the Great seize without any Oath, and therefore he did not commonly seal therewith, but in presence of some of the Masters of the Chancery.  
iv. H●S preeminences▪ viz.  
Unto him are substituted all the Chancellors in England, Ireland, Wales and Scotland, and a●l they that have charge of any the King's seals 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 W. 1. cap. 33. and of Anno 2 R. 2. ca. 5.  
He may wear in his apparel, Velvet, satin, and other Silks of any colour, except purpu●●, and any manner of Furs, except black Genets, of what estate or degree soever he be by the stat▪ of 24. of H. the 8.  
He must follow the Court, and at all times be near the King, by the Statute called Articuli super Chartas, Anno 28. E. pr. cap. 5.  
He may have three chaplains qualified, whereof ever● one may purchase dispensation to have two Benefices, by the Statute de 21. H. 8. cap. 13.  
To s●ay him it is Treason, declared by the Statute of 20 of Edw. the 3d. cap. 11.  
If he be a Baron, or above, h● shall sit in the parliament, on the left side of the Chamber, on the higher part of the form on the same side, above all Dukes, except such as are soon, Uncle, Brother, Nephew, or Brothers or sister's son to the King, and also above all Officers, except the vicegerent. And if he be no Baron, he shall sit at the uppermost part of the Sacks in the midst of the Chamber, and in such degree he shall si● in the Star-Chamber, and in all other Assemblies, and Conferences of counsel, by the Statute Anno 31 H. 3. cap. 10.  
He is a Conservor and justice of the peace throughout England, by prescription.  
He is the only Visitor of all hospitals, and freechappels, which be of the foundation of the King, or his Progenitors, by prescription.  
He is Prolocutor in the higher house of parliament, by prescription, &c.  
V. Places of his judicial Session, viz.  
CHANCERY, where he is the only Judge assisted by the Master of the Ro●s, and the Masters of the Chancery, and heareth and determineth causes of Law and Conscience, as Chancellor.  
Counsel chamber, where he is associated with others of the Privy counsel, and heareth and determineth causes of Estate, as a Privy Counsellor.  
Star Chamber, where he is associated with the Lord Treasurer, President of the counsel, and privy seal, and associated with one Bishop, one temporal Lord of the counsel, and two Justices, and heareth and determineth, perjuries, causes penal, and of Common peace, by the Statutes of Anno 3 H. 7. cap. 1. and 21 H. 8. cap. 20. as a special Judge.  
EXCHEQUER chamber, where he is associated with the Treasurer; and associated by the Justices, and other Sage persons, and examineth, and reverseth or affirmeth judgements given in that Court by the Statute of 31 E. 3. cap. 12. as a special Judge.  
VI. HIS Authority and power, which is of two sorts, viz. As a Judge, and that is either ORDINARY as in these.  
Scire fac▪ or execution upon a Statute Merchant, taking acknowledgement of recognisances.  
Scire fac. or execution upon a Recognizance knowledged in the Chancery.  
Scire fac. to repeal Patents which are void or faulty.  
Monstrance de droit, Petition de droit.  
Traverse of Offices, and Inquisitions.  
Pleas and Enterpleas, upon assignment of Dower.  
Pleas and Enterpleas upon livery, and ouster le maine.  
Pleas and Enterpleas upon partition.  
Attachments upon contempts, in not executing of Writs and process by Officers, or upon signification of untrue or insufficient causes thereof, writs de Corodio●, or Pencor habendo, unto Abbots, Priors and Bishops.  
Andita querela, sued upon suits in the Chancery.  
Prohibition to stay proceedings in the Court Christian, or Admiralty, and consolation to be granted thereupon.  
Originals, or bills by persons privileged in the Chancery.  
Originals, or bills against persons privileged there.  
Writs of Privilege, sued by persons privileged, to remove suits in other Courts into the Chancery.  
AND DIVERS other of like so●t.  
ABSOLUTE, and by this power he ordereth and decreeth matters of Conscience, and the pleadings are in English; whereas in his ordinary power, he holdeth plea of matters according to the form of Common Law, and the pleadings are in Latin.  
AS a MINISTER, GRANTING of pardons of Common Grace.  
GRANTING and sealing of Commissions, OF patents and preservations, &c.  
MAKING of original Writs of process, upon the Statute Staple, &c.  
CONSTITUTING of certain Officers belonging to his Office.  
GIVING of oaths to Officers, And such like.  
FINIS.