38 LETTERS FROM THE CABALA. 



the courts of law only, and other courts to be courts of 

 equity, as the chancery, exchequer- chamber, dutchy, etc. 

 though this also th eth indeed from the letter ; for that all 

 these are the king s courts. 



4 H, k There is also another statute, which is but 

 Cap. 23. a simple prohibition, and not with a penalty of 

 Praemunire as the other is, that after judgments given 

 in the king s court, the parties shall be in peace, except the 

 judgments be undone, by error, or attaint, which is a legal 

 form of reversal. And of this also, I hold the sounder 

 interpretation to be, to settle possessions against dis 

 turbances, and not to take away remedy in equity, where 

 those judgments are obtained &quot; ex rigore juris/ and 

 against good conscience. 



But upon these two statutes, there hath been a late 

 conceit in some, that if a judgment pass at the common 

 law against any, he may not after sue for relief in chancery ; 

 and if he do, both he and his council, and his solicitor, yea 

 and the judge, in equity, himself, are within the danger of 

 those statutes. There your majesty hath the true state of 

 the question, which I was necessarily to shew you first, 

 because your majesty calleth for this relation, not as news, 

 but as business. Now to the historical part ; it is the 

 course of the king s bench, that they give in charge to the 

 grand jury offences of all natures to be presented within 

 Middlesex, where the said court is ; and the manner is to 

 enumerate them, as it were in articles. This was done by 

 justice Crooke, the Wednesday before the term ended : and 

 that article, &quot; if any man after a judgment given had drawn 

 the said judgment to a new examination in any other 

 court,&quot; was by him especially given in charge, which had 

 not used to be given in charge before. It is true, it was 

 not solemnly dwelt upon, but as it were, thrown in amongst 

 the rest. 



The last day of the term (and that which all men con- 



