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Hill. 11 Jacobi Regis.
In Chancery between Sir John Egerton Plaintiff, and Wil∣liam Earl of Dirby, Chamberlain of Chester, and others, Defendants; It was Resolved by the Lord Chancellor, the Chief Justice of England, the Master of the Rolls, Dod∣deridge and Winch Justices,
1. That the Chamberlain of Chester, being sole Judge of Equity, cannot Decree any thing wherein himself is party: but in such Case, the Suit shall be heard here in Chancery, coram Domino Rege.
2. If the Defendants dwell out of the County Pala∣tine, he who hath to complain in Equity, may complain here in Chancery: And therefore the Suit shall be here in Chancery, Ne Curia Domini Regis deficient in justitia ex∣hibenda: Else the Subject shall have good Right, and yet have no Remedy. And this pursues the Reason of the Common-Law, 13 Ed. 3. Tit. Jurisdiction, 8 Ed. 2. Ass. 382. 5 Ed. 3. 30. 30 H. 6. 6. 7 H. 6. 37. For where the particular Courts cannot do Justice to the Parties, they shall sue in the Kings general Courts at Westminster, 11 H. 4. 27. 8 Ed. 4. 8.
3. It was Resolved, That the King cannot grant a Commission to any to determine any matter of Equity, but it ought to be determined in Chancery, which hath had Jurisdiction in such case time out of mind, and had allowance by Law: whereas such new Commissions have been resolved to be against Law, as was agreed in Pott's Case.
4. Upon Consideration of the Lord Dyer, and other Justices in Queen Elizabeth's time, concerning the Ju∣risdiction of the County Palatine; It was Resolved, That for things Transitory, though in truth they be in the County Palatine, the Plaintiff may alleadge them to be done in any place of England, and the Defendant may not plead to the Jurisdiction of the Court, See Dyer, 13 Eliz. sol. 202, 716.