a similar
jurisdiction usurped by the officers of inferior persons. Complaint is
made in the 18th of Richard II. that men were compelled to answer before
_the council of divers lords and ladies_, for their freeholds and other
matters cognizable at common law, and a remedy for this abuse is given
by petition in chancery, stat. 15 R. II. c. 12. This act is confirmed
with a penalty on its contraveners the next year, 16 R. II. c. 2. The
private gaols which some lords were permitted by law to possess, and for
which there was always a provision in their castles, enabled them to
render this oppressive jurisdiction effectual.

[354] Rot. Parl. 17 R. II. vol. iii. p. 319; 4 H. IV. p. 507; 1 H. VI.
vol. iv. p. 189; 3 H. VI. p. 292; 8 H. VI. p. 343; 10 H. VI. p. 403; 15
H. VI. p. 501. To one of these (10 H. VI.), "that none should be put to
answer for his freehold in parliament, nor before any court or council
where such things are not cognizable by the law of the land," the king
gave a denial. As it was less usual to refuse promises of this kind than
to forget them afterwards, I do not understand the motive of this.

[355] Hale's Jurisdiction of Lords' House, p. 46. Coke, 2 Inst. p. 553.
The last author places this a little later. There is a petition of the
commons, in the roll of the 4th of Henry IV. p. 511, that, whereas many
grantees and feoffees in trust for their grantors and feoffers alienate
or charge the tenements granted, _in which case there is no remedy
unless one is ordered by parliament_, that the king and lords would
provide a remedy. This petition is referred to the king's council to
advise of a remedy against the ensuing parliament. It may perhaps be
inferred from hence that the writ of subpoena out of chancery had not
yet been applied to protect the cestui que use. But it is equally
possible that the commons, being disinclined to what they would deem an
illegal innovation, were endeavouring to reduce these fiduciary estates
within the pale of the common law, as was afterwards done by the statute
of uses. [Note X.]

[356] Rot. Parl. vol. i. p. 416.

[357] L. ii. c. 2.

[358] [Note XI.]

[359] This is remarkably expressed in one of the articles agreed in
parliament 8 H. VI. for the regulation of the council. "Item, that alle
the billes that comprehend matters terminable atte the common lawe shall
be remitted ther to be determined; but if so be that the discresion of
the counseill fele to grete myght on that