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.

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

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 De∣cree made in that Court, The said Attache∣ment being executed, and the body of the said Lord Cromwell by vertue thereof detained by the said Sheriffe, whereof the said Lord Crom∣well being a Peere, complained in Parliament.

I.

First (saith he) That for Contempts com∣mitted 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

a cause examinable, there he commits a con∣tempt against his Prince, and therefore, by the common Law, his body, for his contempt, is attachable, and the rather for that decrees gi∣ven there are Coram nobis in Cancellaria no∣stra.

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 a∣gainst a decree made in the high court of chan∣cerie & 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 or∣dered there, and if custome hath allowed there∣of, then it must necessarily allow the necessa∣ry dependance of the same, which is the execu∣tion of these orders: and other meanes for the

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 a∣ny 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 coppi∣houlders 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 incon∣venience 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 o∣ther inconveniences, in his opinion will suc∣ceed except Attachments in the causes of con∣tempt before remembred be allowed and exe∣cuted.

V

Fiftly, and lastly, for asmuch as the Chan∣cerie is warranted to heare, order, and deter∣mine causes by vertue of the Queenes Majes∣ties 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 Preroga∣tive, which he thinkes ought not to be que∣stioned or debated without her Majesties Pri∣vitie, and therefore prayes her Highnesse may be therewith acquainted.

FINIS.