Earl of Oxfords Case

8/10/2019 Earl of Oxfords Case

1/5

~ a g d ~ l e nollege;e,9 H. 8, seised in Fee of the o Chr~st's Church, and

th e Covent Garden, withou t AIdgate, London, eont seven Acres, demised them

for seven t~-tw o ears, ren dr ~n g

40

per Ann. for the ~ c t o r ~ ,nd

9

for

th e Garden.

And 17 Elk. (fifty Yeam of the said Lease being expired) th e Queen at th e Sui t of th e

said Gollege licensed them to alien, w hich the y did, and the n received for th e ~ c t o r y

525 per Ann. and

15

or the Garden. It b e i n g h e r ~ a j e s t y ~ sntent, That the

College should

be

advan~ ed ~ a t ~ yn Profit, by having th e Rectory to them and their

S u c ~ s s o ~23discharged

of

th e Lease for Years, w 5 ch

in

Present was worth to them

but 50

per

Ann. the utmost Rent ; he same N ~ S cco rd~ng~yrform ed by a a n -

veyance to her ~ a j e s t ~ ,n d f r o m h e r ~ a j e s t yo Spinola, a n t he Rectory, from

Spinola to th e Goliege, after v h ic h Spinola and the Earl of Oxford his Assignee, and

his ~ n d e r - ~ ~ a n t s ,ave built upon the ~ a r d ~ n30 Houses, and themin ~ t o ~ ~ e

5 1 0 ,~ 0 0 , hich A s s i ~ e end his ~ n d e r - t e ~ a n ~ave Bonds and ~ e u ~ t ~iven

or

the

~ a j o y m e n thereof, to the Sum of ~20,000 .

Note ; The Co~eges hereby advanced 1700 more th an they sh o d d have been,

if th e fo rmer Lease had conti

This Conveyance having

F u r c ~ a s e ~rom a Thing of li

a g e ~ e r a ~ase wherein Peps

resting secure on its P a ~ s in ghro'

The resent ~ a s t e ~f the Col1

Title both in Law an d ~ q ~ i t y ,

31

seded a Leaease thereof for three Years to one ~ a r x e n ,

who thereupon brought an ~ j e c ~ m e n tgainst one John Sm ith, for Trial of the Title

in

R. R.

whexein

a

Special Yer&ct w~bs had

;

nd while tha t d e ~ ~ d e dn A r g ~ i ~ e

the Lease ended, and so no Possession could be a ~ a r d e dor the ~ l a i n ~ ~ ,or Fru it

had of h is Su it.

Yet hc p r o ~ e d ~o have the ~ p i n ~ o nf th e Judges to

know

the Law (which

N&S

a ~ o ~ u n t a r yct of his),

0

the Intent,

if

the Law were with

him,

he ~ i g ~ tegin a

new Suit a t Law, and spare to

; nd if the Law were against him,

that then he might proceed in

the Judges of th at Gourt having de-

Iivered their ~ p i ~ o n sg a ~ ~ t fore any J ~ d g ~ e n tntred upon the

lf,

the Earl and Mr. ~ ~ o d ,or nd their Lessees, p re fe rr ~d heir Bill ia

~ h ~ n ~ r ynd then ~ ~ d g m e n t

m

entred,

Q ~ d

~ ~ ~ w

i l ~ ~ ~ ~ ~

er

~~~~~~

the ~ o n ~ e ~ a n c eo be

void

by the ~ t a t ~ t ef

13 Eliz.

and that they evi

Parcel of the re misses by J u d g ~ e n tt Law ; which Plea and ~ ~ ~ ~ r r eere ~ e e ~ ~

by

Order

to Sir John T i d a l and bfr, ~ o o l ~ d g e ,ho r e ~ ~ d ,41 T hat they t h o ~ g h t

it fit the Cause should proceed to Wearing, ~ o t ~ t h s t a n d ~ n ghe

Plea

and Demurrer

and ~ t e r w a r d s n ~ e f a ~ l tf an A ~ w e x , n A t t a c h ~ e n t as awarded a ~ n s the

defend an^, w he re ~ po n hey were attsch'd, and a

Cq

C m p return'd, and by

Order of the 22d of

Ootob.

13 Jac. 1116151, they were com mitted to the Reet

for

their

~ o n t e ~ ~ ~n reusing to ans-lver; and do now stand bound over to answer their

~ ~ n t e m p ~ ,hey still refusing to answer:

of one o he 130Housm, whereof

To

which Bill in ~ ~ i a ~ ~ r ~he Defenda~t u t in a Plea and Denm

ulfi


2/5

486 THE EARL OF OXFORDS CASE I

CHAN.

REP.

5.

And now this Term it was argued, That the Defendants thu s

stand in^

in Contempt,

1.

The Law of God speaks

for

th e Plaintiff. Deu t. 28.

2.

And Equ ity and good Consci~nce

peak

wholly for him.

3. Nor does th e Law of the Land speak against him. B ut that and E q ~ i t yught

to join H and in Band, in m oderating and restraining

all

Extrem ities and Hardships.

By the

Law

of God, He that, builds

a House

ought

to

dwell in it ; and he th at

plants a Vineyard ough t to gather the G r q e s thereof nd it w s a Cmse upon the

Wicked, th at they should build Houses and not dwell in them, and plant Vineyards

and not gather th e Grapes thereof. Deut.

28.

v.

30.

[fj] And yet here in this Gase, such is the Conscience of th e Doctor, th e Defendant,

Th at he would have th e Houses, Gardens and Orchards, which he neither built nor

planted : But the C h a n c e ~ o ~ave always corrected such corrupt Consciences, and

caused them to render quid

pro guo

or the Common Law

it

self will admit no Con-

tra& to

be

good without

paid

pro quo, or Land topass without a valuable Consideration,

and therefore Equity m ust

see

that

a

p r o ~ r t ~ o n a b l ea ~ ~ ~ a c t i o n

fx

As in th e Case of Peterson vers. Bickm anj the Husband made a Lease of the Wifes

Land, an d th e Lessee being ignoran t

of

the de fe ~ ib le itle built upon the Land, and

was a t great Charge therein he ~ ~ ~ n died, and the M7ife avoided the Lease at

Law, but was compelled in Equity to yield

a

Recornpence for th e Building and Better-

ing of t he Land.

For

it was so much the more worth unto her

:

And wheresoe~er

one hath

a

Benefit, the Law will compel h im

to

give a Recompence,

as

if Cestui

que

use sell th e Land

t o

one that hath no Notice

of

the Use, and dieth

;

by Reason th a t

he had the Benefit of th e Sale, his Execu tors were ordered to answer th e Value of th e

Land out of

his

&&ate, as a p ~ e a ~ t ~y a J u d g m ~ ~ t - ~ o l ~

f 34 H.

6 .

161

And (his Lordship) the Plaintiff in this Case only desires to be satisfied

of

t h e

t rue Value of the new 3 u ~ ~ d i n gnd P ~ a n t i ~ gince the C on ve ~~ nc e ,nd ~ n v e n i e n t

A ~ ~ o ~ a n ~

or

th e Purchase.

And Equity speaks

as

th e Law of God speaks. B ut you would silence Equity.

1st. 3 e ~ ~ eou have

a

Judgment

at

Law.

2dly. Because that Judgment is upon

;t

Statute-Law.

To which I answer,

Arst, As a Right in Law cannot die, no more can Equity in Chancery die, and

therefore

nullus

receda-at

a C ~ ~ ~ 1 ~ a - r ~ ~w r ~ ~ ~ ~ oE.

4,

11. a.

Therefore the

~ ~ ~ a n c e r ys aIway~ pen, and a ~ ~ h o u g hh e Tsrrn be ~ j o u r ~ e dhe Chancery is

DO ;

fo r Conscience and Equity

i s

always ready to render to every one their Due, and 9 E.

4,11, a. The Chancery is only removable at the Will of the King and Ch ancellor;

and by

27

E.

3

15.

The Chancellor must give Account to none but only to th e King

and ~ ~ r l i a ~ e n t .

The Cause why there is

a

Chancery is, for th a t & ens Actions

are so

divers and

j n ~ n ~ t e ,hat it is impossibl~

to

make any general

Law

which may aptly meet with

every particular Act, and not fail in some C i r c ~ s ~ n ~ ~ .

The

0 % ~f

the Chancellor

is

to correct

E73

Mens Consciences for Frauds , Breach

of T rusts, ~ r o n g snd Oppre~ions ,

f

what Nature soever they

b

nd to soften and

mollify th e Extrem ity of th e Law, which

is

called

~ ~ ~ r ~w.

And

for

th e Judgm ent, &c,, Law a nd Equ ity are distinct, both in the ir Courts,

their Judges, and the Rules of Justice

;

and yet they both aim a t one and th e same

End, which

is,

to do R ight

;

as Ju stice and XeJrcy differ in their EEects and Opera-

tions, yet both join i n t h e ~ a n ~ e s t a t ~ o n

f

Gods Glory.

But

in

this Case, upon the Matter there is no Judgment, but only a ~ ~ e o n t i ~ u a n c e

of th e Suit, which gives no Possession; and altho to prosecute Law and Eq uity to-

gether be a Veration; yet voluntarily to attempt the Law in a doubtful Case, and

after

to

resort to Equity, is neither strange nor u n r ~ ~ o n a b l e .

But take it

M

a Judgment to all Intents hen answer,

Th at in this Case there is no O p p ~ ~ t i o no the J u d g ~ e n t e ~ t ~ e r

ill

the

Truth

ox

Justice

of

the Judgment be examined in this Court , nor any ~ ~ c u m s t a n c eepend-

ing thereupon; but the

same

is justified and approvd; and therefore

a

Judgment

JS

a o

Let to exam ~ne t in Equity,

so a8

all the Truth

of

the J ~ d ~ ~ ~

c., be not^

examind.

[a] No Possession

is

e s t a ~ ~ i s ~ ~y t he Kings W rit after th at any

J ~is

sought to be i ~ ~ p e ~ h ~ ;

o r

when th e P ~ ~ ~ n t ~ f fy his Lessee seek~ngRelief at the

&c., may be s e q u ~ tr e d ntil Answer.


3/5

1

CtAX.

l q.

TRE

EARL OF

OXPORDEJ CASE 4817

Common Law is barred, then is his Time to seek Relief i n Chancery, when th e

inst him, Doctor and Stu~ent ,ol. 16. A Serjeant is sworn to

to L&w. tb at is, according to the Law of God, the Law of

the

Land; and upon both the Laws of God and Reason, IS

ground^

t t

Rule,

via

To

do

as

one woutd be done unto.

And therefore where one is bound in an Ob l~gat~ono pay ~ o n e y ,ayeth it and

takes no Acquittance, by the C o m ~ o n aw he shall be c o ~ p e l ~ e do pay th e Noney

again. But when it appeareth, th & th e Plaintiff will recover a t Law, th e Scrjeant

may advise the Defendant t o take a Subpcltna in Chancery, notwithstanding his Oath.

So 1

H. 7 , 14. If

be

deliver an

Ac

uittanee without Seal,

or

the &hey is paid

within a short Time after the D ay,

or if 9 ose

the A ~ u i t t ~ n c e ,f ~ ~ ~ d ~ e n te had

in any of these Cases th e Pa rty may resort t o Equity.

22 E.

4,and 7

H.

1,

11.

Also, after J u d ~ e n tn those Cases, if he Party have

a

Release he may have

[ I

an

A u d i ~ ~

~ r e ~ a

hich i s a Latin Bill in Equity, if th e other Partys Conse~ence

be

so

large as t o demand a double Satisfaction. So if th e Statu te be eptred in to by

Duress

or

~ e n ~ e ,h o ~ ~ hhe P arty be in ~ x ~ u t ~ o n ,et he may avoid

it

by Duress

of

I ~ p r i s o n ~ ~ n t ,

8

E. 4; Fit%.Hat. Bre.

104,

L.

5,

Ed. 4

;

Audita Querela, 21. AQd

yet it i s a ~ ~ d g ~ e n tpor) Recosd, and

so

of a Judgnient by C o ~ e ~ i o n .nd S~t is fae-

tion a c k n o w le ~ e d y a Letter of Attorney which i s lost, or cannot be psodqced.

And in the Cm of Earning vers. Cas to~ ,Midi. 3 Jac. in B.

R.

on an A ~ d ~ t a

~ ~ r e ~ arought p r ~~~~~ ~~

Gurim, If

a Judgment be given upon an usurious

contract^ and

it

is Part

of

t h e A g r e e ~ e n t o have a Judg me nt, th e Defendant may

avoid such Jud gm ent by an

Audita

Querela,

or

by a Scire Facias,brought upon the

same,

So

if a

J u d g ~ e n t e had against an Infa nt by Covin, a s

if

an Infant be

inveigled

to

be

Bail

for one

in

any C ourt

at

~estm inster , e may have an

~ ~ ~ a

u r ~ ~ a

o

avoid th e same, TTia. 7 Jac., ~ a r k ~ ~ m .em. Turner, and

8

H.

6,10.

S o if J u d ~ e n t

be had by Covin or C o ~ l u ~ ~ o ng ~ n s t n E xecutor t o defraud the C ~ ~ i t o r s ,f it be

pleaded in Bar, the Covin and ~ o ~ u s i o nay be averred at f1Q]Law by ~ e p l i ~ t i o n ,

and the J u d ~ e n tr u s t r a t ~ hereby,

3

E. 6, 36. And nQte; Every ~ u t ~ ~ w r ys a

Judgment, yet the Party may have Remedy in Conscience against

hlrn

that caused

him t o be outfawd ~v ith ou tust Cause, Dmt. I tud. fib.

2

c.

21 ;

2 1

N

7,

7 ;

9

N

6,

20.

S o

if one neglect to

inrol

his Deed of ~ a r g a ~ nnd Sale, being his onIy ~ s s ~ r a n ~ ,

asin

Jaques and Huntlegs Case in this Coart,

13Junii 2599,

and th e B argainor brings

an

Ejectiow

f i rmm

against him, and ha th J u ~ e n t ,he Bargainee may resort to

Chancery, and there be relievd, if not for th e Land, yet for the Money paid.

And in Morgan and Parrys Case, P s s h ,

2

Elk A Woman had an Eatate in

a

Rouse for her Life di~unishablef W aste; and yet she was enjoined not to commit

Waste in the House, ~ o n t r a r y o the Case

of

Lewis Boles, Lib.

11.

re

f

not

because of th e Prejudice to him

in

Ecmainder ?)

By all which Cases it a p p ~r e tl i , hat when a ~ ~ u d g ~ i e ~ t

s

obta j~ ied y O p p re ~ o n ,

Wrong and a hard Conmience, th e Chancellor will fru strate and

set it

aside, not

fos

any error

or

Defect n the J u d ~ e n t ,ut for the hard C o n ~ i e ~ ~f t he P a rty ;

and

tha t in such Cases the Judges Ell]also play th e ChaDcellors; and th a t these are not

thin the Statute 4 E. 4, ap. 23. hi eh is, That after

a

~ J u d ~ i ~ e ~ tiven in the

Court of

our

Sovereign Lord the King, the Parties

and their

R e m shall be

in

Peace,

until the ~ J u d ~ e n te ~ n d o n e y ~ t ~ i n tr Error.

But secondly,

It

iS objected, Th at this is a ~ J ~ d ~ ~ e ~ tpon a ~ t a t u t e - ~ a ~ r .

To which f an8wer,

It

has ever been the Endea~our f all P a r l i a ~ ~ n t so meet

with the corrupt Consciences

of

Men a8 much as mi ht be, and t o supply the Defects

of th e Law therein, and if this Cause were eshibitef to th e P a r ~ i ~ ~ c ~ t ,t would soon

be osdcrcd and determined

by

Equ ity; and th e Lord Chancellor is, by

his Place

ander

hrs ~ a j e s t y ,o supply th at Power u ntil it msy be h,ad, in all ~ f a t t e ~ sf M e t m and

~ ~ u ~ ,etween Party and Party nd the Lord Chancellor do& not except to the

Statute

or

the Law ~ ~ ~ u d ~ e n t ~ ,p o n t h e S ~ ~ t u t e ,ut taketh

h ~ ~ s e l ~

ound

to

obey

th at Statute according to 8

W.

and the Judgment thereupon may be just, and

th e College in

this

Case

may have

a

goo

Title in Law, and the ~ u d g ~ e n ~et standeth

in Force.

It

seemet~iby the Lord Cokes %?port, fol,

118,

in Dr. ~ ~ ~ i a ~ sase, That

S% tutes are not

80

sacred as tha t the ~ q u i t yZg]

of

them may not be ex ar ok d. For


4/5

488

THE EARL

OF

OXFORDS

CAME 1 CE T. REP. 13.

be saith, That in many Gases th e Common Law hath such a Prerogative, as th at it

can

controd Acts

of

P ~ ~ a m e n t ,nd adjudge them void; as if they arc against

G o ~ m o n i ~ h t , r Reason, or R e ~ u g n a ~ t ,r ~ m ~ s s i b ~ eo be performed, and for

th at he vouches 8 E.

3, 30; 33

E. 3; Cessavit,

4 1 , 4 2 ;

Nat, Brev, 209; Plowd.

110;

2 7 H.

6 ;

Annu~ ty , 1 1

E l k

Rot.

303.

And yet our Books are, That the Acts

and S tatutes

of

Parliament ought

to

be reversd by Parliament (only~~nd nut other-

d e , Rro. Tit. Error, 65, &c., and 7 W. 6, 28; 21

E,

4, 46;

2 9

E.

3,

24, and upon

tha t Rwason t he

Lord

Chancellom, since the Device

of

the Action, to be brought by

Parsons upon t he S tatute of 3 Ed.

6,

have enjoyned the Stay thereof.

And the Judges th e m se lv ~ o play the Chancellors Parts (upon Statutes, making

Construction of them according t o ~ ~ u ~ t y ,arying from the Rules and Grounds of

Law and enlarging then1

pro

bono p,b ico,gainst the Letter and Intent

of

t he

Hakers, whexeof our

Books

have many ~ u n d r ~ s

f

Cases, 15 E.

7,

and

1 4

E. ? , I 4 ;

42

E. 3, 6, &c. Flrill you then have Equity

suppress^

in all Cases, wherein a Judg-

ment a t Law, or u p n S tatu te, is had 1

(133 The Use

of

the Chancery has been in all Ages t o examine E ~ u i t yn all Cases,

saving ~ a i n s the Kings Prerogative, as 35 E, 6,

27; 11

E. 4,16; and Doctor and

~ t u d e n t , ib.

2

cap.

5,

16. then

you

must have a Specia l S ta t~~teo exeept t.he

C ~ a n ~ l l o r .

or

general Statutes do extend to t h e pa rtic u~ arTJsa cs of all th e grea t

Equity.

In Chancery upon a Recognizance, a Capias may be awarded, and the Precedents

of that

Court,

shall close up th e M ouths of the Judges of the Common Law, notw ith-

s ~ a nd inghe Statute of Magna- Charta, mp. 29. Quod nullus liber homo capiatur au t

i ~ p r ~ s o n e t u risi per legale J ud ic ~u rn arium s u o r u ~el per Legem T er ra . And so

t

was ~ ~ u d g ~n Clement Parsons Case, 2 1

Elk.

in the Bxchequer, which you may

see in 8 Coke, 142, and 25 Eliz. in ~ a ~ i nnd Byes Cme, and in Sac. in Corn. Banco,

Eighams Case, and Kihvays Case vouched

to

be adjudged, 9 Co. 29. V i d e Doctor

and Student, 306

a,

and every Court a t ~ ~ t m i n s t e rught

to

take Notice

of

the

Usages and ust toms

of

th e Rest of the Courts a t ~ ~ t ~ ~ n s t e r ,vhich arc as a

Law

to

those

~ o u ~ s ~

nd of which th e Common Law takes Notice. 2

Co.

53, 65, 503,

4; 11

E. 4,2.

[IQ The ~ t a t u t e

f

5

EEz.

of Perjury ~ r e c t e t h ow Perjury shall be unished,

saving th e ~ u t h o r i t yf the Star-cham ber et for Per jury committed in &ancery,

either in an Affidavit, cr an Answer, e.

If

such Perjury appew to th e C hancellor,

the Party may be punished awarding to his Direction.

Also, WO xchequer Man hath Privilege against a Subpm na, for Matters between

Party and Party, where the Kings Interest cometh not in Questio~i, 0

Eliz.

Cutts

c ~ ~ t r ~eter Goodwin et

a2,

and yet their Privilege hat h several S t a t u t ~hat give

~ t r e n ~ t hh e ~ e u ~ t o ut the Use snd

~ r ~ ~ e ~ t s

f

th e Chancery axe not altered by

those Laws.

And if a Statute Staple be extended, which by he Statuteis a J u d g ~ e n tf i t seff.

a nd t he ~ xe c u t i onhereof is directed by the Statute; yet

it

hnth been ustiaI in

all

Ages to moderate the hasd C o n sc ~ e~ 1 c~

f

the C o n u z ~ ,nd

if

they have been sa tis ~e d

with the ir Costs and

Damages,

after th e of th e full Value of th e Land, th e Land

ha th been d i~c ha rged y a Decrec of Equ

~ ~ r d l y ,he Law of the Land speiiks not a ~ ~ n s this.

For by 9 ed. 4,16. The Chancellor sits in Chancery according

to

a n absolute and

uncontrolable Power, and is to judge [15J according to that which is alledged and

proved ; but the Judges of the Common Law are to judge according to a strict and

ordinary

(or

limited) Power.

As 7 E.

7

fa. 10. A had Lands extended to him in ancient Demesne upon

a

Statute Mcrcl~ant,B p~irchased he Lands, and had a Recovery

by

S u ~ c r a n c ~

n

the

Cotirt of ancient Demesne with Voucher, and entred, and ousted A. A brought a

~ u b p ~ n a ,nd it WBS holden, That A could not falsify the Recovery at Law, and

therefore he should be restored to th e Possession, by t he Chancery, for he had n ot any

Remedy by the Common Law. Where note, That n o t w i t h s ~ n d i n ~t double Jud g-

ment, yet t he Judges directed them to th e Chancery.

And the S ~ t u t ef 4 E. 4,

mp.

2 was never m ade nor i n ~ e n d ~o r ~ t x ~ nhe

Power of the Chaneery in ~ a ~ e r s

f

quity , but t o restrain t he C h a n ~ ~ l o rnd the

Judges of the Common Law, only in m a t ~ r sneerly de ~ e r ~ in a b l ey Law, in legal

ourts a t ~ e s t m ~ n s t e r ,specia~Iy f th e Chancery, an d especial y for Matters of


5/5

1 CHAN. REP.

16.

THE EARL OF OXFORDS CASE 489

P r ~ e ~ d i n g s ,nd not in e q ~ ta b le , nd that they should be

coastant

and certain

in

their

own

Judgments, and not play

Fa& and

Loose.

For

by

37

R. 6,13, nd divers

other Authorities;

no

Writ of E rro r

or

A t ~ i n tieth when the Suit

is

by Subpmna,

and th e Pa rty only seeks o E quity for the E quity

of

his Cause.

And therefore Judgm ents

by

Default, c;Jonfession, a, and not by Verdict, are not

w ~ t h i nhis Law,

so

as

to bind the Judges in their legal Proceedings;

rn

5

E. 4,

38.

In Debt upon an Ob~igation gainst A,

B,

C and D, Judgment by Default is had

against A and B.

C

demurs, and D pleads to Issue, and by th e

[IS]

Opinion of the

;Sud es

t

Supersedeas was awarded, &

hoc

causa Conscientim for that the Judgment

w a s ty Default.

In the next Place

it

is considerable, how far th e Statute of 27 E.

3

cap. 1,doth

extend, to check th e Power of the Chancery

in

thi s Case. Now the proper Exposition

of this Statute

is

from those Statutes tha t were the Fo un da tio ~hereof, and where-

upon this ~ ~ t u t e

as

built, it being not ~ n t r ~ u c t i v ~

f

New Law; but declarative

A ~ ~ i ~ ~ ~uris

The precedent S tatutes, which do explilin this Statute, are

32

E,

I, made

a t

Carlisle

4

Ed.

3

e.

6, in

C o n ~ r ~ a t i o nhereof, 25

E. 3,

cap. 22 and 25

E. 2,

cap.

1,

of Provi-

sions of Benefices, these being in Time before

27

E.

3

and

38

E.

3,

which comes after

and recites the Statute

of

25 E.

3,

and this Statute of

27 E. 3,

and confirms them with

Additions for furth er Remedies, they being all linkd together

in

one Chain, which is

further apparent

by

th e Recitals in t h e Law, and by t he

re amble

thereof, which doth

man ifest th e Minds

of

th e Law-makers, and do naturally explain the Laws, th at they

do all extend to Ecclesiastical Jurisdiction and Conuzmnce, and not to Temporal; and

the same is more apparent by other subsequent Laws in several Kings Reigns

following,

But

for t h e Temporal Courts and the

Support

of th eir Judgments, there are only

two Statutes,

viz.

Westminster

2,

cap. 5, and

4 3.

4,

cap.

23,

which are already

answerd.

Vi

h e ~ g u m e n tor th e A u t ~ ~ o ~ t ynd J u ri s ~ e ti o n f th e Court of Chancery,

a t t h e End of this Volume, where these two S tatu tes

are

explained.

[See S.

C.

with full notes, Wh. & T. L.

C.

7th

ed

vol.

i,

p. 730.1

Documents

Earl of Oxfords Case