240 



* APPENDIX 



ing which the process of separation of the jurisdiction of the 

 chancellor from that of the council began, — a process that was 

 not completed until the next century. Cf. Palgrave, The 

 King's Council; Spence, Equitable Jurisdiction of Chancery, 

 especially v. i, pt. 2, bk. i, chs. 2, 3 and 4; and Bail don, Select 

 Cases from Chancery, especially introduction, xvi et seq., xxix- 

 XXX. and xlv. See also Mr. Baldwin's article on the council 

 in Trans. Royal Hist. Soc, xix, 47-54, for an account of the 

 judicial side of the council at a little earlier date. 



The case recorded by Burton, in Chron. de Mclsa (see pt. i, 

 ch. ii, s. 7), is an excellent example of the difficulty during this 

 transition period of making clear-cut distinctions between the 

 jurisdiction of the king, the king's council, and the chancellor; 

 undoubtedly further study will show similar cases. 



Judicial proceedings on the equity side are usually said to 

 have been formally recorded only from the reign of Richard II ; 

 cf. Baildon, op. cit., and List of Early Chancery Proceedings, 

 V. i, Lists and Indexes, no. xii. 



The series known as County Placita are classified by Scargill- 

 Bird, op. cit., under "Chancery, common law side" — a classifi- 

 cation which according to Mr. Pike ("Common Law and Con- 

 science" in Lazu Quarterly Reviezv, i) is not always correct. 

 He analyzes one of the documents in the series to show that it 

 comes under the head of equity, not common law, and quotes 

 it as proof of his contention that at this date there is no 

 broadly marked distinction between the tw^o types of judicial 

 functions. 



The County Placita inclu'^e transcripts of proceedings 

 brought into chancery by writ of certiorari and often sent hence 

 by a mittimus into other courts. A manuscript catalogue 

 gives county, regnal year, and a brief summary of contents. 

 For this decade there are three rolls of transcripts of pro- 

 ceedings before the justices of labourers, one of which seems 

 to be merely a part of the regular outlawry process. 



