Arguments exhibited in Parliament by Sir Nicholas Bacon, Lord Keeper of the Great Seale of England ; whereby it is proved that the persons of noble men are attachable by law for contempts by them committed in the Right Honorable Court of Chancery for disobeying the decrees of that court.

Arguments exhibited in Parliament by Sir Nicholas Bacon, Lord Keeper of the Great Seale of England ; whereby it is proved that the persons of noble men are attachable by law for contempts by them committed in the Right Honorable Court of Chancery for disobeying the decrees of that court.

Table of contents

Title page

ARGVMENTS Exhibited in PARLIAMENT, By Sir Nicholas Bacon, Lord Keeper of the great Seale of England, &c.

I.

II.

III.

IIII.

V

§

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ARGVMENTS Exhibited in PARLIAMENT BY SIR NICHOLAS BACON, Lord Keeper of the great Seale of ENGLAND. Whereby it is proved, That the Persons of Noble men are Attachable by Law, for Contempts by them committed in the right Honourable Court of Chancery, for disobeying the Decrees of that Court.

Printed in the Yeare, 1641.

ARGVMENTS Exhibited in PARLIAMENT, By Sir Nicholas Bacon, Lord Keeper of the great Seale of England, &c.

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THis Argument was occasioned about an Attachment, awarded out of the aforesaid Court of Chancery to the Sheriffe of Norfolke, to attach the body of the then Lord Cromwell for his disobeying a Decree made in that Court, The said Attachement being executed, and the body of the said Lord Cromwell by vertue thereof detained by the said Sheriffe, whereof the said Lord Cromwell being a Peere, complained in Parliament.

I.

First (saith he) That for Contempts committed by a Noble man against his Prince, his person is attachable by Law. And if a Noble man disobey a Decree, made in Chancery upon [Page] a cause examinable, there he commits a contempt against his Prince, and therefore, by the common Law, his body, for his contempt, is attachable, and the rather for that decrees given there are Coram nobis in Cancellaria nostra.

II.

Secondly, if a Noble Man offend against the Queenes Majesties Prerogative in one of the highest degrees, his body is attachable by Law: and if a Noble man commit a contempt against a decree made in the high court of chancerie & warranted to be made by her highnesse Prerogative, he commits a contempt against that Prerogative & therefore his body for the same is attachable by Law.

III.

Thirdly, it hath alwayes been accustomed that Noble men have beene and still are called into the Chancerie for matters examinable in the same Court; and the same hath beene ordered there, and if custome hath allowed thereof, then it must necessarily allow the necessary dependance of the same, which is the execution of these orders: and other meanes for the [Page] ecution of these orders in Chancerie there is none but by Attachment, and as for that, that there is no use or President of execution by Attachment of the persons of Noble men, he answered that in former ages Noble men were of that prudence, that they never disobeyed any of those orders in Chancerie, and therefore no cause of that use.

IIII.

Fourthly, to grant a Court power to heare and order, and not to execute the same, is a plaine absurdity: & againe to leave all coppihoulders of Noble men without remedie, if they be amoved by their Lords, and all other men without remedie against Noble men, in matter of equity, seemes much prejudiciall to the Commonwealth, considering how great the number of these may be; besides what inconvenience is it to have a Noble man bring a case into the Chancery, & the Court to have power to doe justice for him, but not against him. This is not Ius equabile, and all th,ese and other inconveniences, in his opinion will succeed except Attachments in the causes of contempt before remembred be allowed and executed.

V

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Fiftly, and lastly, for asmuch as the Chancerie is warranted to heare, order, and determine causes by vertue of the Queenes Majesties Prerogative; where otherwise by law the subject hath no helpe: and also to qualifie the rigour of the Law, therefore if all causes examinable in the Court of Chancerie for the respects aforesaid, betweene a Noble man and another should be taken from the hearing and ordering of the said Court. It must needs be Derogation of the Queenes said Prerogative, which he thinkes ought not to be questioned or debated without her Majesties Privitie, and therefore prayes her Highnesse may be therewith acquainted.

FINIS.

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Information about this book

Title statement

Arguments exhibited in Parliament by Sir Nicholas Bacon, Lord Keeper of the Great Seale of England ; whereby it is proved that the persons of noble men are attachable by law for contempts by them committed in the Right Honorable Court of Chancery for disobeying the decrees of that court.

Bacon, Nicholas, Sir, 1509-1579.

Edition statement

1641

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2005-03 (EEBO-TCP Phase 1).

ID [DLPS]

A69604

ID [STC]

Wing B367

ID [STC]

ESTC R16552

ID [EEBO-CITATION]

12256032

ID [OCLC]

ocm 12256032

ID [VID]

57491

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Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A69604)

Transcribed from: (Early English Books Online ; image set 57491)

Images scanned from microfilm: (Early English books, 1641-1700 ; 163:25 or 254:E165, no 15)

Source

— Arguments exhibited in Parliament by Sir Nicholas Bacon, Lord Keeper of the Great Seale of England ; whereby it is proved that the persons of noble men are attachable by law for contempts by them committed in the Right Honorable Court of Chancery for disobeying the decrees of that court., Bacon, Nicholas, Sir, 1509-1579..

Extent

[2], 6 [i.e. 4] p.

s.n.],. [London :: 1641.. (Place of publication from Wing.) (Reproduction of original in Huntington Library and Thomason Collection, British Library.)

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