The Students Legal History

Cover The Students Legal History
The Students Legal History
R Storry Richard Storry Deans
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" Lord Keeper Coventry (Charles II. ) pursued the policy of Ellesmere, and founded his decisions mainly on principles deduced from the decrees of his pre- decessors. Indeed, Lord Hardwicke ascribed to him the foundation of modern equity ; and it may be taken that after his time few new principles were introduced, though the old principles have been extended and amplified and explained, more particularly by Lord Eldon.
The student who cares to make a comparison between equity as Coventry left it
..., and the equity of to-day, will do well to consult Bohun's Cursus Cancellarice, a text-book written about 1700. The first fifteen pages contain a clear and succinct account of the Chancery jurisdiction of the time. The author divides the jurisdiction into (1) ordinary or legal, (2) extraordinary or absolute. In exercising the ordinary jurisdiction the Court was guided by the rule of law and even by legal procedure, i. E. As to pleadings, &c. This came about in two ways : (a) where some statute gave the chancellor jurisdiction; and (b) where the proceedings concerned some officer of the Court or his servant.

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