Dialogues between Philosopher & English Lawyer by Hobbes Thomas PDF

By Hobbes Thomas

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This law was made but for seven years, and never continued by any other Parliament, and the motive of this law was the great riots, extortions, oppressions, &c. used during the time of the insurrection of John Cade, and the indictments and condemnations wrongfully had by this usurped authority. ; for the first time he should lose, &c. Wherein there is nothing at all concerning the jurisdiction of the Chancery or any other court, but an extraordinary power given to the Chancery, and to the King’s Privy Council, to determine of those crimes, which were not before that time triable but only by the King’s Bench or special commission.

Again, he that should have said in Queen Mary’s time, that the Pope had no authority in England, should have been burnt at a stake; but for saying the same in the time of Queen Elizabeth, should have been commended. You see by this, that many things are made crimes, and no crime, which are not so in their own nature, but by diversity of law, made upon diversity of opinion or of interest by them which have authority: and yet those things, whether good or evil, will pass so with the vulgar, if they hear them often with odious terms recited, for heinous crimes in themselves, as many of those opinions, which are in themselves pious and lawful, were heretofore, by the Pope’s interest therein, called detestable heresy.

By the words of this statute it is very apparent, in my opinion, that the Chancery may hold plea upon the complaint of the party grieved, in any case triable at the common-law; because the party shall have present remedy in that court, by force of this Act, without pursuing for remedy elsewhere. L. Yes; but Sir Edward Coke (4 Inst. p. 82) answers this objection in this manner. These words, says he, he shall have remedy, signify no more but that he shall have presently there a remedial writ grounded upon those statutes, to give him remedy at the common-law.

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Dialogues between Philosopher & English Lawyer by Hobbes Thomas


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