Seloen Society SELECT CASES IN CHANCERY AD. 1364 10 1471 EDITED FOU THE SELDEN soctsry WILLIAM PALEY BAILDON LONDON BERNARD QUARITCH, 15 PICCADILLY 1896INTRODUCTION. ‘The Contents of this Volume. 2, What is a Chaneery Proceeding ? a, The Petition or Bill. b. The Alleged Wrong. ©. The Writ d. The Remedy asked for. 8, The Tribunal. a, The Council's Jurisdiction, 4, The Chancellor's Jurisdiction ‘The Reasons for Applying to the Chancellor. . The Procedure. The Principles and Growth of Equity. Particular Cases. . Historical and Social Aspects. |. General Conclusions. eenese 1, Tho Contents of this Volume. In the early part of the century the old Record Commission pub- lished in throe volumes ‘A Calendar of the Proceedings in Chancery in the Reign of Queen Elizabeth ; to which are prefixed examples of earlier proceedings in that Court, namely from the reign of Richard II to that of Queen Elizabeth, inclusive.’ ‘The first two volumes, pubiished in 1827 and 1880 respectively, contain, by way of intro- auction, a large number of Chancery Proceedings during the period mentioned. None, however, had at that time been found for the reign of Henry IV, and but few for that of Henry V. We have no means of knowing what principle of selection was exercised by the editors of the Calendar, but many cases of very great interest and valuo are there printed. ‘This was the first attempt to deal with the vast mass of Chancery Bills and Answers of an early date, and their valuy ay be judged from the eopious references given to them insil SELECT CASES IN CHANCERY volumes were collet toguther, and are now known at the Public Record Ofice as Early Chancery Proceedings, Bundles 1 and 2 Tt is proposed in the present volume to extty of he work that wean thos Legon. Teas seemed tous, however, that fn dealing with {hese rooonds fr the parpose of eal history. the prinepleof selection ‘ight be carried so Mar aa ta become pitivly milonting. ‘Po tlucidate the history and growth of the Coit of Chancery something ‘wore is required than a selection of eases, however early made, which may, afterall only llotvta @ particular theory, ot be ine Auancad by the prelispood conclusions of the \eaneriber ‘In order, therefore, to give a doar viow of the whole nope of the prvesdings in Chancery at is caulirt prod it has been decid to print the earliest bundle, Bundle, in ite enttety, an to make up the volume witha smaller nomber of selected ease, Past I of this volume aeeordiagly contains the whol of Bundle 3 (Gunde 1 and 2 having been aby printed as este above, and Past I. contane a seletion of wich petitions aa ected tothe eitor cilulted to theow light on dierent points in the history of the Court. Particular attention has becn paid to a number of ytiions hich contain nothing hy which hoy cum bo dated, though many of thom are undoubtedly of a very early period. ‘This is Bande 68 (ontil lately Bundle 113). One other bunile of datelass pti remains for fatare investigation, 2. What iv « Chanoery Proceeding? afore going further i will be well to define what is meant by the term ‘Chancery Proeeding’ Poltions to the Chancellor in hin capacity ur high offer of ataloace found at a vary ear paiod of font lagu history, and many sdb are found among the ° Ancient Petitions’ an they azo called, served at the Reeord Ofc, Dut lerly such ptitins although eldresied to the Chuncllor are nat ay senso ‘proccding.” Ther» are four enti to the Chancery Prooweding: (a) a polition addresnd tothe Cincelor or Keeper by 1 petitioner or plaintiff eomnplaialng of () aa alleged wrong done Uy tone spected person or person, and aaking (@) that the person fonmplained of may be vent for toansier the complaint and (8) that 1 romedy may be proved. 1. The Peston or il ‘Tho actual form of the patito or bill meds litle comment. There a wonderfully tle vvition in theso from the canst known dowa,