Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1922-05-05

to property without any adequate
remedy at law.
Originally the king decided what
should be done in cases where there
was no law by depending upon his
conscience" then the Lord Chancel-
lor became the keeper of this ICON
science" And, as for many years
the Lord Chancelors were also high
clergymen, their conscience" was in
lluenced partly by their religious and
humanitarian training and partly by
their conception of justice to those
who came to them praying for relief
and other considerations.
Many years ago, Thomas jefferson
referred to our judiciary as IAN ir-
responsible body working like gravity,
by day and by night, gaining a little
today and little tomorrow, and adj
vancing its noiseIess step like a thief
over the field of jurisprudence.
This description would apply to the
power exercised by the Lord Chan
cellors. They were irresponsible, ex-
cept to the king. Their injunctions,
orders and the punishment of those
who disobeyed these orders, we're not
defined or regulated by Parliament.
They were only subject to the kings
pleasure, or sense of justice, and the
king being busy man was not aware
of all which his chancellor did.
Chancellors Soon in Politics.
Government by injunction was
something which was vigorously op-
posed by the law courts and lawyers
of ancient England, for, although the
4 no ani &r.x. a L.
secret closet of his Majesty's con-
science where the oppressed and dis
tressed subjects hoped to find mercy
and mitigation against the rigor and
extremity of his laws" the fact re-
manned that the chancellor busted
himself at times with cases having a
political, as well as judicial bearing,
and frequently litigants, having cases
before the law courts, found meth
cd of presenting some phase of the
case to the kings chancellor and the
chancellor having power supreme Ia
that of the law courts, at times issued
injunctions which prevented the law
courts from further functioning In
the case.
When impeachment proceedings were
set in motion against the Lord Chan
cellor Cardinal Wolsey, in Henry tn,
Eighth's time, the twenty-sixth art
Gle of the impeachment read:
Also, when matters have been neal
judgment by progress at your com
mon law the same Lord Cardinal haiti
not given set injunction to the par
ties, but also sent for your judges anc
expressly by threats commanded then
to defer judgment to the evident sub
version of your laws If the judge.
would have ceased"
The Lord Chancellor's court o.
equity was frequently used by clever
men and occasionally by bribe- giver.
for the purpose Of securing specia
advantage over their opponents.
How Abuses Began.
During the time of James the FRS
this condition led to vigorous objec
tons and criticisms, an example o
what was passing through men,
minds at his period being found in
tract which was reproduced in Har
graves "Law Tracts" from which tn,
following excerpt is taken:
at is to be observed that of tel
bills brought into this court hard,
three have any color or shadow O
just complaint. The rest are omn
fundaments carere and to be exhibit
ed either by malice or out of a tur
bulent humor wherewith too many ar
possessed, or else to shelter them
selves for a while from some immin
ent storm. Wherein, as in many times
the remedy proves worse than tn