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216:, Master (1604–1624) considered that, in the light of the 1571 Act, he was able to lease the land to John Smith and allowed him into occupation as such. Warren brought an action of ejection against Smith, but his lease expired before it was heard by court. Warren asked the question to be decided anyway.
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as mercy and justice be the true supports of our Royal Throne; and it properly belongeth to our princely office to take care and provide that our subjects have equal and indifferent justice ministered to them; and that when their case deserveth to be relieved in course of equity by suit in our Court
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out of the Court of
Chancery prohibiting the enforcement of the common law order, and granting the Earl of Oxford and his tenants quiet enjoyment of the land, in other words meaning that the statute did not void the initial transaction of the land. It stayed all common lawsuits against the Earl. He
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overturned the jury and held the earlier land transfer was void, caught by the
Ecclesiastical Leases Act 1571. The monarch was 'the fountain of justice and common right' and could not be exempted from a statute aimed to maintain the advancement of learning. Therefore, Gooch, acting for the college
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The Jury held that Smith took possession unlawfully (i.e. through the more recent lease by Gooch on behalf of the
College) the long-term Elizabethan sale in apparent defiance of the Act was good, and in the jury's view was as good a title as almost any. The first instance verdict was therefore
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28:30, saying he "that builds a House ought to dwell in it; and he that plants a
Vineyard ought to gather the Grapes thereof." He remarked that common law judges themselves ‘play the Chancellors Parts’ in taking the equitable construction of statutes to be law properly speaking. The Chancery,
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merchant. It was generally thought among those preparing and signing these conveyancing deeds that the transfer to the Queen or transfer from the Queen would amount to an unwritten exception, allowing for new unimpeachable title (ownership). Spinola thought this, and so did
318:, law and equity are distinct, both in their courts, their judges, and the rules of justice; and yet they both aim at one and the same end, which is to do right; as Justice and Mercy differ in their effects and operations, yet both join in the manifestation of God's glory.
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Henry de Vere believed he should have title to certain land rather than
Magdalene College, Cambridge. Chancery – the courts in equity – agreed; however, this provoked a disagreement between the courts, resolved by the Monarch advised by the Attorneys
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The Lord
Chancellor held: "The Cause why there is Chancery is, for that Mens Actions are so divers and infinite, that it is impossible to make any general Law which may aptly meet with every particular Act, and not fail in some Circumstances."
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The Cause why there is
Chancery is, for that Mens Actions are so divers and infinite, That it is impossible to make any general Law which may aptly meet with every particular Act, and not fail in some Circumstances.
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The Office of the
Chancellor is to correct Men’s consciences for Frauds, Breach of Trusts, Wrongs and oppressions, of what Nature soever they be, and to soften and mollify the Extremity of the Law, which is called
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The word 'well' in the King's determination meant not just 'good' but also 'superior'. The King decreed on the advice of the
Attorneys General that if there was a conflict between the common law and
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of
Chancery, they should not be abandoned and exposed to perish under the rigor and extremity of our laws, we ... do approve, ratifie and confirm, as well the practice of our Court of Chancery.
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The King decreed on the advice of the Attorneys General that if there was a conflict between the common law and equity, equity would prevail. Equity's primacy in England was later enshrined in the
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had validly leased the property to Smith. This caught sub-tenants too (sub-lessees): Warren could not eject (nor be found to have any rights against) Smith under his fresh lease from the college.
169:, provided that conveyances of estates by the masters, fellows, or any college dean to anyone for anything other than a term of 21 years, or three lives, ‘shall be utterly void’.
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In this Case there is no Opposition to the Judgment; neither will the Truth or justice of the Judgment be examined in this Court, not any Circumstance depending thereupon.
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325:, the Chancellor will frustrate and set it aside, not for any error or Defect in the Judgment, but for the hard Conscience of the Party.
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260:. Gooch and Smith refused to answer the bill and refused to appear, asserting that it was void. The Chancery Court committed them to
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As a result of Lord Ellesmere's decision, the two courts became locked in a stalemate. Lord Ellesmere effectively appealed to King
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360:. Both recommended a judgment in Lord Ellesmere's favour, which King James I approved. He issued a declaration saying:
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129:) in the common law, a principle regularly asserted in the courts of appeal i.e. "equity follows the law", one of the
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209:, who bought the land in 1580 and built 130 houses. John Warren leased a house through intermediaries.
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The judgment stresses that the legal position for chancery (equity) is tempered to dealing with voids (
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256:(b. 1593) who was a minor. He and another tenant, Thomas Wood, brought the case in the
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however, was not like a Court of Appeal. Instead, the Chancery had a unique position.
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which taken together impose many limits on the eligibility of cases and applicants.
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373:, the latter would prevail. Equity's primacy in England was later enshrined in the
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385:(although emphatically not the systems themselves) into one unified court system.
148:(although emphatically not the systems themselves) into one unified court system.
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However, in 1604, the alleged owner of the large parcels of land in question
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110:(1615) 21 ER 485 is a foundational case for the common law world, that held
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An historical sketch of the equitable jurisdiction of the Court of Chancery
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4 Henry 4 c. 22 also declares judgments in the King’s courts are final.
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Royal and Attorneys General determination of priority of law and equity
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321:… when a Judgment is obtained by Oppression, Wrong and a
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377:in 1873 and 1875, which also served to fuse the
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140:in 1873 and 1875, which also served to fuse the
114:(equitable principle) takes precedence over the
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280:began his judgment by referencing the Bible,
54:, believed had cheated them out of their land
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350:Attorney General for the Prince of Wales
252:had died, succeeded by his son and heir
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511:A selection of leading cases in equity
358:Attorney General for England and Wales
294:Thomas Egerton, 1st Viscount Brackley
192:. The queen then granted the land to
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520:Charles Mitchell and Paul Mitchell,
420:Possession is nine-tenths of the law
250:Edward de Vere, 17th Earl of Oxford
79:(1615) 1 Ch Rep 1, (1615) 21 ER 485
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348:, who referred the matter to the
400:Unconscionability in English law
167:Ecclesiastical Leases Act 1571
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178:Magdalene College, Cambridge
176:, Master and the Fellows of
52:Magdalene College, Cambridge
451:Void and Voidable Contracts
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430:Formalities in English law
180:sold some of its land (at
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522:Landmark Cases in Equity
410:Estoppel in English law
264:for contempt of court.
517:) vol 2, part 1, 78–79
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314:And for the judgment,
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548:English land case law
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172:Not mindful of this,
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107:Earl of Oxford's case
32:Earl of Oxford’s case
18:Earl of Oxford’s case
415:Proprietary estoppel
182:St Botolph's Aldgate
553:1615 in English law
481:Kerly (1890) p.114
425:Declaratory relief
395:English trusts law
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300:who gave judgment.
275:, issued a common
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558:1610s in case law
445:Statute of Frauds
273:Lord Ellesmere LC
258:Court of Chancery
190:Queen Elizabeth I
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532:Categories
501:References
494:(1890) 114
383:common law
308:summum jus
277:injunction
146:common law
116:common law
84:Transcript
490:D Kerly,
88:CommonLII
507:FT White
389:See also
352:and Sir
296:was the
268:Chancery
220:Judgment
161:General.
94:Keywords
76:Citation
44:Gargoyle
381:and of
346:James I
316:&c.
198:Genoese
144:and of
127:lacunae
68:Decided
524:(2012)
447:(1677)
371:equity
356:, the
212:Then,
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186:London
112:equity
50:, who
461:Notes
254:Henry
188:) to
152:Facts
60:Court
515:1926
242:Coke
225:Jury
196:, a
71:1615
184:in
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513:(
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