213-713: Sir John Cass (February 1661 – 5 July 1718) was an English merchant, Tory Member of Parliament and philanthropist. He was also a key figure in the Royal African Company , which was involved in the Atlantic slave trade . He was born in Rosemary Lane, in the City of London , son of Thomas Cass, carpenter to the Royal Ordnance . He was baptised on 28 February 1661 at St Botolph's Aldgate . In 1665,
426-656: A royal commission to look at fusion, they refused to do so. After the Chancery Regulation Act 1862 had gone some way toward procedural reform, in February 1867, Roundell Palmer again brought the problem of having two separate court systems to Parliament's attention, and in March 1870 Lord Hatherley introduced a bill to create a single, unified High Court of Justice. The bill was a weak one, not containing any provision addressing which court would deal with
639-565: A French invasion was planned, assisted by "disaffected persons from this country". The House of Commons passed a loyal address by 287 to 123. The Tories' insistence for the House to divide on this occasion seemed to the government a design by the Tories "to show the French what numbers in the House they might depend on". The Tories also opposed increasing the armed forces, it being noted "that none of
852-594: A Jacobite agent reported to the Pretender that the Tory party was "without a head", dispirited and frightened. In 1751 Frederick died, followed in 1752 by Cotton. This effectively ended opposition in Parliament for the rest of the session. Horace Walpole , in his memoirs for 1764, wrote of the decline of the Tory party: Hitherto it might be said that the two parties of Whig and Tory still subsisted; though Jacobitism,
1065-548: A Jacobite rising. Wyndham's death in 1740 led to the breakdown of the coalition between the Tories and opposition Whigs. An opposition Whig motion for Walpole's dismissal was defeated by 290 to 106, with many Tories abstaining. At the general election of 1741 , there were 136 Tories elected. The Tories resumed their cooperation with the opposition Whigs after receiving another letter from the Pretender in September 1741, ordering them to "pursue vigorous and unanimous measures in
1278-417: A Parliamentary Committee. The Committee reported that fees and costs had increased significantly since the last review under Charles I , a number of expensive honorary positions had been created, and on many occasions court officers had not known what the correct fees were. At the same time, proceedings had grown to several thousand pages in length, necessitating additional expense. The Committee concluded "that
1491-488: A bill or petition, which had to show that the common law did not provide a remedy for the problem. The Chancery writs were in French, and later English, rather than the Latin used for common law bills. In the reign of Edward III , the court found a fixed home at Westminster Hall , where it sat almost continually until its dissolution. Before this, justice was difficult to dispose because the lord chancellor had to travel with
1704-469: A body governed by bishops, using the Book of Common Prayer whilst subscribing to a specific doctrine and also as an exclusive body established by law, from which both Roman Catholics and Nonconformists were excluded. During his reign, James II fought for a broadly tolerant religious settlement under which his co-religionists could prosper—a position anathema to conservative Anglicans. James' attempts to use
1917-575: A clergyman, as charity had been originally enforced by the Church and the ecclesiastical courts . Essentially, an owner of land could dispose of it by granting the right to use it and collect fees to another, not just by selling it. This was not valid at the common law courts but was in the Court of Chancery; the lord chancellor is reported as having said, in 1492, "where there is no remedy at common law there may be good remedy in conscience, as, for example, by
2130-627: A coalition with Whigs. The 1747 general election resulted in only 115 Tory MPs being elected, their lowest figure up until this point. After Jacobite riots in Oxford in 1748, the government wanted to give the King the power to nominate the Chancellor of the University of Oxford, which was considered a hotbed of Jacobitism and Toryism. Thomas Carte wrote to the Pretender that "the attempt against
2343-481: A coherent political party. Sentimental Toryism remained, as in the writings of Samuel Johnson , but in politics "Tory" was little more than an unfriendly epithet for politicians closely identified with George III. The label "Tory" was in this sense applied to the Prime Ministers Lord Bute (1762–1763) and Lord North (1770–1782), but these politicians considered themselves Whigs. In his study of
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#17327900956052556-583: A common law remedy, and judges would normally only award damages where no other remedy was appropriate. Damages were sometimes given as an ancillary remedy, such as in Browne v Dom Bridges in 1588, where the defendant had disposed of waste inside the plaintiffs woods. As well as an injunction to prevent the defendant dumping waste in the woods, damages were also awarded to pay for the harm to the woods." This convention (that damages could only be awarded as an ancillary remedy, or where no others were available) remained
2769-478: A feoffment upon confidence, the feoffor has no remedy by common law, and yet by conscience he has; and so, if the feoffee transfers to another who knows of this confidence, the feoffor, by means of a subpoena, will have his rights in this Court". After the reign of Edward IV , if the charitable land were to be sold (or land were to be sold to create the charity) the Court of Chancery was the only place this could be done, as ecclesiastical and probate courts did not have
2982-484: A husband; and where the deceased's debts had to be paid before the legacies were valid. The Chancery's jurisdiction over "lunatics" came from two sources: first, the king's prerogative to look after them, which was exercised regularly by the lord chancellor, and second, the Lands of Lunaticks Act 1324 (Ruffhead: 17 Edw. 2 . c. 10), which gave the King (and therefore the chancellor) custodianship of lunatics and their land;
3195-519: A list of permissible fees was published, and to cut down on paperwork, no party was required to obtain office copies of proceedings. The permissible fees list contained over 1,000 items, which Kerly describes as "an appalling example of the abuses which the unrestrained farming of the Offices of the Court, and the payment of all officials by fees had developed". Despite these small reforms, the 18th century ended with continuous and unrestrained attacks on
3408-575: A ministerial memorandum to the Prince Regent: It is almost unnecessary to observe that the British Government had for more than a century been and could only be a Whig Government; and that the present administration is, as every administration in this country must necessarily be, a Whig administration. For a Whig Government means now, as it has all along meant, nothing else than a Government established by laws equally binding upon
3621-515: A new election and therefore decline[d] the acceptance of them". One of the Tories who accepted office, Sir John Cotton, did not swear the oath of loyalty to King George and informed the French King that he still favoured a Jacobite French invasion; he added that the Tories in office would try to ensure that more British soldiers were sent to Flanders from England in order to help a French invasion. After Lord Gower took office in this government,
3834-758: A one". The historian Eveline Cruickshanks stated that "[w]hat took place in 1715 was not a change to an all-Whig ministry, it was a whole social revolution". For the first time, Tory gentlemen could no longer employ their sons, as they traditionally had done, in public offices such as the Army, Navy, civil service and the Church. Tory officers in the Army had their commissions taken away, Tory lawyers could not now become judges or K.C.s. The predominantly Tory lower Anglican clergy could no longer become bishops and Tory merchants were refused government contracts or directorships in any major company. This proscription lasted for forty-five years. George Lyttelton wrote in his Letter to
4047-530: A red Ribband in his hat, she askt him what it meant, he said it signifyed that he was a Tory, whats that sd she, he ans. an Irish Rebel, — oh dreadful that any in England dare espouse that interest. I hear further since that this is the distinction they make instead of Cavalier and Roundhead, now they are called Torys and Wiggs". In a more general sense, the Tories (also known as the Court Party) represented
4260-463: A reduction in the "old corruption" that had long plagued the court, first through the Lord Chancellor's Pension Act 1832 ( 2 & 3 Will. 4 . c. 111) (which abolished a number of sinecure offices within the court and provided a pension and pay rise for the lord chancellor, in the hope that it would reduce the need for the chancellor to make money by selling court offices) and then through
4473-435: A request to administer an estate as soon as a flaw in the will was discovered, rather leaving it to the ecclesiastical courts, but from 1588 onwards the Court did deal with such requests, in four situations: where it was alleged that there were insufficient assets; where it was appropriate to force a legatee to give a bond to creditors (which could not be done in the ecclesiastical courts); to secure femme covert assets from
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#17327900956054686-606: A rhetoric borrowed from the Whigs of the Exclusion Crisis; they denounced government corruption and the high taxation needed to spend on foreign entanglements, opposed the growth of the Army and denounced "tyranny" and "arbitrary power". In a speech on the Army estimates, Walpole claimed that "No man of common prudence will profess himself openly a Jacobite; by so doing he not only may injure his private fortune, but he must render himself less able to do any effectual service to
4899-448: A supposed plot to murder Titus Oates . The Whig Bishop of Meath , Henry Jones , offered O'Hanlon a pardon and a bribe if he would testify to Parliament that Ormonde was plotting a French invasion. In December 1680, the government seized these letters and the plan collapsed. In January 1681, the Whigs first began calling the supposed Irish plotters Tories, and on 15 February 1681 is recorded the first complaint from an English Royalist about
5112-573: A time. Upon the accession of George II in 1727 and the ensuing general election , the Tories were reduced to 128 MPs, their lowest total up to this point. The Tories were divided over whether to cooperate with the opposition Whigs against Walpole, with those in favour consisting of the Hanoverian faction led by Sir William Wyndham and with those opposed making up the Jacobite faction headed by William Shippen . Most Tories opposed voting with
5325-439: A valid jurisdiction. The Court of Chancery could grant three possible remedies – specific performance , injunctions and damages . The remedy of specific performance is, in contractual matters, an order by the court which requires the party in breach of contract to perform his obligations. The validity of the contract as a whole was not normally considered, only whether there was adequate consideration and if expecting
5538-562: Is also estimated that £6000 is what a cargo of approximately 300 enslaved people would be sold for in early eighteenth-century Jamaica. He died on 5 July 1718, aged 57, of a brain haemorrhage and was buried in the churchyard of St Mary Matfelon , in Whitechapel , now the Altab Ali Park . His widow Elizabeth née Franklin died on 7 July 1732. They had no children. Cass founded a school for 50 boys and 40 girls in buildings in
5751-527: Is from 1280, when Edward I of England , annoyed with the number of cases coming to him which could have been dealt with by other elements of his administration, passed a statute saying that: all petitions which touch the Seal shall come first to the chancellor; and those which touch the Exchequer, to the exchequer, and those which touch the justices, or the law of the land, to the justices; and those which touch
5964-494: Is more surprising considering that their duties were normally such that could be easily performed by solicitor's clerks, and that they were usually performed by underclerks, not by the officials. In 1649, during the English Civil War, Parliament published a series of orders to reform the Court. Most were from the doctrines set out by Francis Bacon as lord chancellor, but there were some more modern reforms: counsels to
6177-487: Is normally assumed by academics, it was not just the common law courts that could grant damages under these statutes; the Exchequer of Pleas and Court of Chancery both had the right to do so. In Cardinal Beaufort's case in 1453, for example, it is stated that "I shall have a subpoena against my feoffee and recover damages for the value of the land". A statute passed during the reign of Richard II specifically gave
6390-482: Is said. This did not extend to every case, but merely to those which had been dismissed because one party's "suggestions [are] proved untrue", and was normally awarded to pay for the innocent party's costs in responding to the party that had lied. Lord Hardwicke , however, claimed that the Chancery's jurisdiction to award damages was not derived "from any authority, but from conscience", and rather than being statutory
6603-437: Is that the Tories had never universally embraced Jacobitism. The violence of the Whigs forced them into the arms of the Pretender". In October 1714, the French ambassador Charles-François d'Iberville noted that the number of Jacobites in the Tory party was increasing and in early 1715 he wrote that the Tories seemed to be "heading for civil war which they regard as their only resort". The former Tory chief minister, Lord Oxford,
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6816-526: The Chancery Regulation Act 1833 ( 3 & 4 Will. 4 . c. 94). (which changed the appointments system so that masters in Chancery would henceforth be appointed by the Crown , not by the lord chancellor, and that they would be paid wages. ) Through the abolition of sinecures, taking into account the wages and pension, this saved the court £21,670 a year. The government had initially intended
7029-464: The Code Napoleon and the writings of Jeremy Bentham are seen by academic Duncan Kerly to have had much to do with the criticism, and the growing wealth of the country and increasing international trade meant it was crucial that there be a functioning court system for matters of equity. While the upper classes had been struggling with the Court for centuries, and regarded it as a necessary evil,
7242-776: The Corn Laws in 1846 caused the party to break apart; the faction led by the Earl of Derby and Benjamin Disraeli went on to become the modern Conservative Party, whose members are still commonly referred to as Tories. As a political term, Tory was an insult (derived from the Middle Irish word tóraidhe , modern Irish tóraí , meaning " outlaw ", "robber", from the Irish word tóir , meaning "pursuit" since outlaws were "pursued men") that entered English politics during
7455-479: The Court of Appeal in Chancery . These are described by Lobban as "hasty reactions to mounting arrears" rather than the result of long-term planning. As a result of the new appointments, the court backlog was significantly reduced – the court processed 1,700 cases in 1846–49 compared to 959 in 1819–24 – but it rose again after the death of Shadwell VC and retirement of Wigram VC . Shadwell, appointed under
7668-543: The Crusades of the 12th century, when noblemen travelled abroad to fight in the Holy Land. As they would be away for years at a time it was vital that somebody could look after their land with the authority of the original owner. As a result, the idea of joint ownership of land arose. The common law courts did not recognise such trusts, and so it fell to equity and to the Court of Chancery to deal with them, as befitting
7881-596: The Duke of York (later King James II) , who was the governor of the company, together with City of London merchants. The slaves were sold for labour on tobacco , and, increasingly, sugar plantations . He held shares in the Royal African Company until his death. During the years that Cass held the position of Court of Assistants (1705–1708), the company undertook and documented fifty-five voyages, mostly journeying from London, of over 14,000 enslaved Africans for
8094-826: The Exclusion Bill crisis of 1678–1681. Whig (from whiggamore , a "cattle driver") was initially a Scottish insult for the Covenanter faction in Scotland who opposed the Engagers (a faction who supported Charles I during the Second English Civil War ) and supported the Whiggamore Raid that took place in September 1648. While the Whigs were those who supported the exclusion of James,
8307-584: The Glorious Revolution of 1688, political disputes would be resolved through elections and parliamentary manoeuvring, rather than by an appeal to force. Charles II also restored episcopacy in the Church of England . His first Cavalier Parliament began as a strongly royalist body, and passed a series of acts re-establishing the Church by law and strongly punishing dissent by both Roman Catholics and non-Anglican Protestants. These acts did not reflect
8520-585: The Grenvillites and the Bedfordites ), all of whom claimed the Whig mantle, while the material distinction in politics was between the "King's Friends" who supported the newly activist role of George III in government, and those who opposed the king. The proscription on the employment of Tories in government offices ended, which resulted in the Tories dividing into several factions and ceasing to function as
8733-610: The House of Lords from the Chancery. Before this there had been no records of appeals to the Lords, and a committee had concluded that there was no precedent to give the Lords jurisdiction over equity matters, except when problems and cases were sent directly to Parliament (as occasionally had been the case). In 1660 the Convention Parliament claimed for itself the right of appellate jurisdiction over equity matters, and also
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8946-429: The House of York ( r. 1461–1485 ); academics attribute this to its becoming an almost entirely judicial body. From the time of Queen Elizabeth I ( r. 1558–1603 ) onwards the Court was severely criticised for its slow pace, large backlogs, and high costs. Those problems persisted until its dissolution, despite being mitigated somewhat by reforms, particularly during the 19th century. Attempts at fusing
9159-665: The Roundheads (the supporters of the Long Parliament upon which the King had declared war). This action resulted from the Parliament not allowing him to levy taxes without yielding to its terms. At the beginning of the Long Parliament (1641), the King's supporters pursued a course of reform of previous abuses. The increasing radicalism of the Parliamentary majority, however, estranged many reformers even in
9372-674: The War of the Spanish Succession which begun in 1701 led most of the Tories to withdraw into opposition by 1708, so that Marlborough and Godolphin were heading an administration dominated by the Junto Whigs. Anne herself grew increasingly uncomfortable with this dependence on the Whigs, especially as her personal relationship with the Duchess of Marlborough deteriorated. This situation also became increasingly uncomfortable to many of
9585-413: The Whigs . As direct attacks on the King were politically impossible and could lead to execution for treason, opponents of the power of the Court framed their challenges as exposés of subversive and sinister Catholic plots . Although the matter of these plots was fictitious, they reflected two uncomfortable political realities: first, that Charles II had (somewhat insincerely) undertaken measures to convert
9798-588: The '15 and '45 most Tories showed themselves to be Hanoverian and not Jacobite". In 1747, Prince Frederick invited the Tories "to unite and coalesce with him" and declared his intention that when he became King, he would "abolish...all distinction of the party" and put an end to the proscription of the Tories. A meeting of leading Tories (including Beaufort, Wynn and Cotton) accepted the Prince's offer and replied assuring him of their support for his "wise and salutary purposes". However, they refused to pledge themselves to
10011-425: The 15th century; Margaret Avery reports a massive increase in cases during the 1440s, while Nicholas Pronay suggests that the real expansion came during Yorkist rule (1461–85), when the number of cases submitted each year quadrupled. He gives complaints about the perversion of justice in the common law courts, along with growing mercantile and commercial interests, as the main reason for the growth, arguing that this
10224-481: The 1679 Exclusion Crisis , when they opposed Whig efforts to exclude James, Duke of York from the succession on the grounds of his Catholicism . Despite their fervent opposition to state-sponsored Catholicism, Tories opposed his exclusion because of their belief that inheritance based on birth was the foundation of a stable society. After the succession of George I in 1714, the Tories had no part in government and ceased to exist as an organised political entity in
10437-409: The 16th century the Court was vastly overworked; Francis Bacon wrote of 2,000 orders being made a year, while Sir Edward Coke estimated the backlog to be around 16,000 cases. This was partly due to the incompetence of the judges, and partially due to the procedure used; evidence was re-heard up to three times and orders were issued and then over-ruled, only to be issued again: "what was ordered one day
10650-685: The 1715-1754 Tory party for The History of Parliament , stated that "the available evidence leaves no doubt that up to 1745 the Tories were a predominantly Jacobite party, engaged in attempts to restore the Stuarts by a rising with foreign assistance". Sir Lewis Namier noticed that for the reigns of George I and George II, Tory family papers are non-existent. As papers from before 1715 and after 1760 survive, Cruickshanks contends that these families were hiding their Jacobite leanings by destroying incriminating papers. A nineteenth-century historian who had examined many collections such as these, claimed that it
10863-465: The 1831 act of Parliament, could be replaced, but a principal in the Court of Chancery Act 1841 ( 5 Vict. c. 5) (under which Wigram had been appointed) meant that it provided for two life appointments to the court, not two open positions; after the retirement or death of the judges, no more could be appointed. Again, the backlog became a problem, particularly since the lord chancellor was distracted with
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#173279009560511076-678: The 1832 bill to go further and abolish the Six Clerks , but the Clerks successfully lobbied to prevent this. This did not save them, however; in 1842 the "nettle" of the Six Clerks Office was grasped by Thomas Pemberton , who attacked them in the House of Commons for doing effectively sinecure work for high fees that massively increased the expense involved in cases. As a result, the Court of Chancery Act 1842 ( 5 & 6 Vict. c. 103)
11289-494: The 19th century, the Court of Chancery could apply a far wider range of remedies than common law courts, such as specific performance and injunctions , and had some power to grant damages in special circumstances. With the shift of the Exchequer of Pleas towards a common law court and loss of its equitable jurisdiction by the Administration of Justice Act 1841 , the Chancery became the only national equitable body in
11502-705: The Americas. Cass was elected as one of the Tory MPs for the City in 1710 . He was re-elected in 1713 but lost to the Whig faction in 1715 . He served as alderman for the ward of Portsoken from January 1711 and in June 1711 was elected as one of the sheriffs of London . As sheriff, he was knighted in June 1712. He was appointed a commissioner of the Commission for Building Fifty New Churches in 1711; this
11715-502: The Bar would elect two supervising Chief Clerks to advise on points of practice. A far-reaching and heavily criticised draft, this was eventually replaced by an even more thorough-going bill. The judges would be six Masters, who would sit in groups of three and be appointed by Parliament, assisted by a Chief Clerk. All justices of the peace would be allowed to submit cases to the court, with cases to be heard within 60 days. The party that lost
11928-432: The Chancery as they could to the other courts, while by the 15th century the number of private cases had increased to the point where there were many complaints in Parliament. Marsh writes that another reason for the Chancery's growing influence was the remedies available; through orders of specific performance and injunctions , the court could not only rectify previous wrongs but prevent future wrongs from occurring, while
12141-408: The Chancery for much of its history, raising large amounts of money. Many of the clerks and other officials held sinecures ; the holders, in lieu of wages, charged increasingly exorbitant fees to process cases – one of the main reasons for the high cost of bringing a case to the Court of Chancery. The 19th century saw the abolition of many sinecure offices and the institution of a wage and pension for
12354-464: The Chancery the right to award damages, stating: For as much as People be compelled to come before the King's Council, or in the Chancery by Writs grounded upon untrue Suggestions; that the Chancellor for the Time being, presently after that such Suggestions be duly found and proved untrue, shall have Power to ordain and award Damages according to his Discretion, to him which is so troubled unduly, as afore
12567-602: The Chancery with the common law courts began in the 1850s, and finally succeeded with the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875 , which dissolved the Chancery and created a new unified High Court of Justice , with the Chancery Division – one of three divisions of the High Court – succeeding the Court of Chancery as an equitable body. For much of its existence
12780-522: The Chancery. In August 1653 another debate took place in Parliament, lasting two days, in which a paper titled "Observations concerning the Court of Chancery" was circulated; this concerned the costs, workings, and officers of the Court. A second paper was given out, "for the regulation or taking away of the Court of Chancery, and settling the business of Equity according to the original and primitive constitution of it; and for taking away all unnecessary fees, offices and officers and formalities now used, and for
12993-789: The City – near to St Botolph's, ( The Aldgate School , formerly Sir John Cass's Foundation Primary School); a secondary school ( Stepney All Saints School , formerly Sir John Cass Redcoat School) in the London Borough of Tower Hamlets ; the School of Art, Architecture and Design within London Metropolitan University ; and the Bayes Business School (formerly Cass Business School) within City, University of London . The foundation has provided funding for
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#173279009560513206-454: The Commons came from lawyers of the common law, aggrieved at the Chancery's extended jurisdiction that overlapped with that of the common law. These complaints from the Commons did not prevent the court from successfully functioning; in 1393, for example, it was considered prominent enough that the House of Lords sent two cases there to be dealt with. According to many academics, the Court of Chancery really began to expand its caseload during
13419-411: The Conservative label as the official name of their party. Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law . The Chancery had jurisdiction over all matters of equity , including trusts , land law , the estates of lunatics and
13632-421: The Court of Chancery , written in 1701, listed 25 different procedures, areas and situations which contributed to the problems of high fees and slow processes. Lord Somers , following his dismissal as lord chancellor, introduced the Administration of Justice Act 1705 ( 4 & 5 Ann. c. 3) in 1706 which "became the most important act of law reform which the 18th century produced". The act significantly amended
13845-404: The Court of Chancery ceased to exist. The Master of the Rolls was transferred to the new Court of Appeal , the lord chancellor retained his other judicial and political roles, and the position of vice-chancellor ceased to exist, replaced by ordinary judges. The Chancery Division remains to this day part of the High Court of Justice of England and Wales. The idea of a trust originated during
14058-415: The Court of Chancery could administer estates, due to its jurisdiction over trusts. While the main burden in the 16th century fell on the ecclesiastical courts , their powers over administrators and executors was limited, regularly necessitating the Court of Chancery's involvement. Before the Statute of Wills , many people used feoffees to dispose of their land, something that fell under the jurisdiction of
14271-405: The Court of Chancery was to be transferred to the Chancery Division; Section 25 of the act provided that, where there was conflict between the common law and equity, the latter would prevail. An appeal from each division went to the appellate level, the Court of Appeal of England and Wales . These provisions were brought into effect after amendment with the Supreme Court of Judicature Act 1875 , and
14484-414: The Court, which the political opposition maintained was simply to protect it; the membership included the lord chancellor, the master of the rolls and all senior Chancery judges. Some significant reforms were proposed; in 1829, for example, Lord Lyndhurst proposed unsuccessfully that the equity jurisdiction of the Court of Exchequer be merged with the Chancery, and that a fourth judge be appointed to hear
14697-431: The Court. Although complaints had been common since the time of Elizabeth I, the problems had become more unrestrained, at the same time as politically neutral law reformers first arose in any great number. Many critics were barristers of the common law, ignorant of the court's workings, but some, such as Sir Samuel Romilly , had trained as a Chancery advocate and were well aware of the Chancery's procedure. The success of
14910-408: The Crown and anyone else the monarch allowed to attend. Its jurisdiction was virtually unlimited, with executive, judicial and legislative functions. This large body contained lawyers, peers, and members of the church, many of whom lived far from London. It soon became apparent that it was too unwieldy to deal with the nation's day-to-day business. As a result, a smaller curia was formed to deal with
15123-403: The Crown; whilst, to our additional and insupportable vexation, the bare merit of hating us, and everything we love and hold sacred, daily advances dunces in the law and church, cowards in our fleets and armies, republicans in the King's house, and idiots everywhere! The Whig government, backed by royal favour and controlling the levers of power, was able to maintain a series of majorities through
15336-568: The Duke of Beaufort, and all the English cry loudly and vehemently for a body of troops to be landed near London, as the most effectual means to support the Prince". They could not rise for the Prince without "a body of troops to support them", but they "would join the Prince if His Highness could force his way to them". Throughout the Jacobite rising of 1745 , Charles could not establish contact with
15549-576: The Duke of York from the succession to thrones of Scotland , England and Ireland (the Petitioners ), the Tories were those who opposed the Exclusion Bill (the Abhorrers ). In 1757, David Hume wrote: The court party reproached their antagonists with their affinity to the fanatical conventiclers in Scotland, who were known by the name of Whigs: The country party found a resemblance between
15762-489: The Duke of York succeeded without difficulty. The rebellion of Monmouth , the candidate of the radical Whigs to succeed Charles II, was easily crushed and Monmouth himself executed. However, in the long run Tory principles were to be severely compromised. Besides the support of a strong monarchy, the Tories also stood for the Church of England, as established in Acts of Parliament following the restoration of Charles II, both as
15975-672: The English Tories would only support a rising in Scotland if accompanied by a French invasion near London to aid the English Tories in their own rising. The English Tories repeatedly told the Jacobite court that only regular soldiers invading at the same time as their rising could achieve a Stuart restoration. In December 1744, the Broadbottom Administration was formed, which included a handful of Tories in minor offices. Some other Tories were offered places, but those serving for Jacobite counties "could not hazard
16188-565: The English Tories. Captain Nagle, who had visited a peer in London, reported in December that they were all being monitored by the government, but that they would declare for Charles if he made his way to London or if the French invaded. However, Charles retreated from England and the French never landed, so the English Tories did not feel safe in coming out for the Pretender. After the collapse of
16401-412: The English legal system. Scholars estimate that the Court of Chancery formally split from and became independent of the curia regis in the mid-14th century, at which time it consisted of the lord chancellor and his personal staff, the Chancery. Initially an administrative body with some judicial duties, the Chancery experienced an explosive growth in its work during the 15th century, particularly under
16614-629: The French court, carried a message from English Tories to the French Secretary of State for Foreign Affairs ( Jean-Jacques Amelot de Chaillou ) requesting French help for a Stuart restoration (including 10,000 French soldiers). It was signed by the Duke of Beaufort (one of the four richest people in Britain), Lord Barrymore , Lord Orrery , Sir Watkin Williams Wynn , Sir John Hynde Cotton and Sir Robert Abdy . Amelot replied that
16827-485: The French government would need considerable proof of English support for Jacobitism before it could act. James Butler, Louis XV 's Master of Horse, toured England ostensibly for purchasing bloodstock but in reality to gauge the health of Jacobitism in England, visiting leading Tories. Before he left for England. the French king briefed him personally to assure Tory leaders that all of their demands would be met. In November 1743 Amelot told Sempill officially that Louis XV
17040-481: The Jews, to the justices of the Jews . And if the affairs are so great, or if they are of grace, that the chancellor and the others cannot do it without the king, then they shall bring them with their own hands to the king to know his pleasure; so that no petitions shall come before the king, and his Council, but by the hands of his said chancellor, and the other chief ministers; so that the king and his Council may, without
17253-578: The Junto ministers, replacing them with Tories. The new Tory ministry was dominated by Harley , Chancellor of the Exchequer (later Lord Treasurer) and Viscount Bolingbroke , Secretary of State. They were backed by a strong majority in the Parliament elected in 1710, rallying under the banner of " Church in Danger ". This Tory government negotiated the Treaty of Utrecht in 1713, which pulled Great Britain out of
17466-582: The King and the subject. Generally, the Tories were associated with lesser gentry, the Church of England and the Episcopal Church in Scotland while Whigs were more associated with trade, money, larger land holders or land magnates and the Nonconformist Protestant churches. Both were still committed to the political system in place at that time. The new Tory party was distinct both in composition and ideological orientation from
17679-593: The King in Cabinet that elections to Parliament should be free from government bribery, an idea Sir Robert Walpole opposed due to the possibility of the election of a Tory Parliament. The King was also opposed: "King George stared the Earl of Sunderland in the face at the name of a Tory Parliament, for it seems nothing is so hideous and frightful to him as a Tory". The public outcry over the South Sea Bubble led
17892-452: The King wherever he went. By 1345 the lord chancellor began to be seen as the leader of the Court of Chancery, rather than as a representative of the king, and writs and bills were addressed directly to him. Under Richard II it became practice to consider the Chancery separate from the curia ; academic William Carne considers this a key moment in confirming the independence of the Court of Chancery. The chancellor and his clerks often heard
18105-546: The King's personal views and demonstrated the existence of a Royalist ideology beyond mere subservience to the Court. A series of disasters in the late 1660s and 1670s discredited Charles II's governments, and powerful political interests (including some who had been identified with the Parliamentary side in the Civil War ) began to agitate for a greater role of Parliament in government, coupled with more tolerance for Protestant dissenters. These interests would soon coalesce as
18318-607: The Lord chancellor exercised the first right directly and the second in his role as head of the Court of Chancery. This jurisdiction applied to any "idiots" or "lunatics", regardless of whether or not they were British, or whether their land was within England and Wales . They were divided into two categories – idiots, "who have no glimmering of reason from their birth and are, therefore, by law, presumed never likely to attain any", and lunatics, "who have had understanding but have lost
18531-495: The Norman conquest. Consequently, the written English that developed at the Court of Chancery eventually became a standard, both in its style of handwriting (' Chancery hand ') and in its grammar and vocabulary. By the 1440s and 1450s comparative regularisation of spelling had begun to emerge. The early Elizabethan period featured a dispute between the Court of Chancery and common-law courts over who held pre-eminence. It had been
18744-431: The Parliament itself and drove them to make common cause with the King. The King's party was thus a mixture of supporters of royal autocracy and of those Parliamentarians who felt that the Long Parliament had gone too far in attempting to gain executive power for itself and, more specifically, in undermining the episcopalian government of the Church of England , which was felt to be a primary support of royal government. By
18957-613: The Pretender on the throne, in conjunction with an English rising. Lord Oxford, who had already in 1716 offered the Pretender his services, directed the Swedish Plot from the Tower. In January 1717, the government discovered this plot and won a vote of credit for defence measures against the projected invasion in the Commons against Tory opposition. Charles' death in 1718 ended hopes from that quarter and Ormonde's planned Spanish invasion
19170-564: The Prince [Charles] lands in present circumstances with ten battalions or even smaller body of troops there will be no opposition". Tory leaders sent Robert MacCarty to France with a request for 10,000 troops and 30,000 arms to be landed in England, where they would join them upon arrival. Charles travelled to Scotland in July without consulting the Tories or the French and without a sizeable body of troops. After his landing, Sempill wrote: "The City of London, Sir John Hynde Cotton, Lord Barrymore,
19383-479: The Queen's government was replaced by a Council of Regency until the new King should arrive from Hanover. Bolingbroke offered his services to the King but was coldly rejected; George I brought in a government composed entirely of Whigs, and the new Parliament, elected from January to May 1715, had a large Whig majority. In December 1714 Lord Carnarvon wrote that "hardly one Tory is left in any place, though never so mean
19596-719: The Sir John Cass Foundation School as well as providing for the establishment of the Sir John Cass Technical Institute, which was founded in 1899 and moved into newly built premises at 31 Jewry Street, London, in 1902; becoming Sir John Cass College in 1950. In 1965, the college's Department of Fine and Applied art merged with the Department of Silversmithing and Allied Crafts from the Central School of Art to form
19809-561: The Sir John Cass School of Art, which moved into its own new premises at Central House, opposite the Whitechapel Art Gallery . The Sir John Cass College merged with the City of London College in 1970 to form the City of London Polytechnic; becoming London Guildhall University and merging to form the London Metropolitan University in 2002. The modern foundation provides support to a primary school within
20022-761: The Sir John Cass School of Education at the University of East London campus in Stratford, London . Funding has also been provided for the Sir John Cass Hall, a hall of residence for students, in Well Street, London Borough of Hackney . In the United States in May 2020, George Floyd, a black man, was murdered by a white police officer, and in response there were protests in many cities around
20235-425: The Tories (1747): We are kept out of all public employments of power and profit, and live like aliens and pilgrims in the land of our nativity; [...] no quality, no fortune, no eloquence, no learning, no wisdom, no probity is of any use to any man of our unfortunate denomination, ecclesiastic or layman, lawyer or soldier, peer or commoner, for obtaining the most deserved advancement in his profession, or any favour of
20448-492: The Tories afterwards, declaring: "I cannot delay any longer expressing to you my satisfaction at the late behaviour of my friends in Parliament, and I take it as a great mark of their singular regard for what I wrote to you some months ago". In 1743, war broke out between Britain and France, as part of the larger War of the Austrian Succession . Later that year Francis Sempill , the Pretender's representative at
20661-457: The Tories no longer looked to him as their leader as Lyttleton wrote that "when it was discovered that Gower was really a friend to the Hanover succession, the Tories discarded him for being their leader, and adopted a determined Jacobite the Duke of Beaufort in his stead". In June 1745, the Tory leaders in the Commons, Wynn and Cotton (together with Beaufort), informed the Jacobite court that "if
20874-542: The Tories to believe that it would not be worthwhile raising funds for the general election , as they considered a Jacobite rising would be successful considering the state of public opinion. Sunderland joined the Tories in the Atterbury Plot , in which the Pretender was to be put on the throne. A rising was planned for each county, assisted by Irish and Spanish troops. However, Sunderland's death in April 1722 led to
21087-400: The Tory opposition in the later 1690s. Although William's successor Anne had considerable Tory sympathies and excluded the Junto Whigs from power, after a brief and unsuccessful experiment with an exclusively Tory government she generally continued William's policy of balancing the parties, supported by her moderate Tory ministers, the Duke of Marlborough and Lord Godolphin . The stresses of
21300-402: The Tory platform had failed, but the institutions of monarchy and of a state Church survived. Despite the failure of their founding principles, the Tories remained a powerful political party during the reigns of the next two monarchs, particularly that of Queen Anne . During this time, the Tories fiercely competed with the Whigs for power, and there were frequent Parliamentary elections in which
21513-511: The War of the Spanish Succession (to the dismay of Britain's allies, including Anne's eventual successor, George, Elector of Hanover ); the peace was enacted despite a Whig majority in the House of Lords , which Anne defeated by creating new Tory peers. Following a long disagreement between the ministers, Anne dismissed Harley in 1714. The arch-Tory Bolingbroke became in effect Anne's chief minister and Tory power seemed to be at its zenith. However, Anne
21726-516: The West Country, but the Scots forced their hand by unilaterally raising the Pretender's standard. One of Ormonde's agents betrayed the plans for an English rising and subsequently the government arrested many Tory MPs, ex MPs and peers. The subsequent Jacobite rebellion of 1715–16 resulted in failure. However, Charles XII of Sweden was willing to aid the English Tories by sending troops to put
21939-406: The Whigs, played a significant role in the cohesion of the Tories; the Whigs offered few opportunities for Tories who switched sides, and as a party the Tories found no possibilities for compromise with the Whigs. The proscription of the Tories alienated them from the Hanoverian regime and converted many of them to Jacobitism. Bolingbroke later wrote: "If milder measures had been pursued, certain it
22152-413: The additional cases. A year later, when the common law courts were each gaining a judge, he repeated his proposal, but the bill was strongly opposed by judges who maintained that the court backlog did not justify the additional expense of a fourth judge. Eventually, two more vice-chancellors were appointed in 1841, and a decade later two lord justices were tasked with hearing appeals from the Court through
22365-402: The appellate cases through the Court of Appeal in Chancery and the House of Lords , leaving a maximum of three Chancery judges who were available to hear cases. Further structural reforms were proposed; Richard Bethell suggested three more vice-chancellors and "an Appellate Tribunal in Chancery formed of two of the vice chancellors taken in rotation", but this came to nothing. The 1830s saw
22578-419: The army (including by importing 6,000 Dutch troops). Louis XIV had promised them arms but no troops, as France was exhausted by war, despite Bolingbroke's claim that just one-tenth of the number of troops William of Orange brought with him in 1688 would have sufficed. However, this promise of arms disappeared when Louis died in September 1715. The conspirators intended to abandon the rising they had planned for
22791-423: The backlog decreased; in the 1860s an average of 3,207 cases were submitted each year, while the Court heard and dismissed 3,833, many of them from the previous backlog. Much of this work was carried out by the growing number of clerks, however, and members of the legal profession became concerned about the "famine" of equity judges. Despite these reforms, it was still possible for Charles Dickens, writing in 1853 in
23004-457: The case of Courtney v. Glanvil , dictating that Glanvil should be imprisoned for deceit; this was over-ruled by Sir Edward Coke in the Court of King's Bench , who demanded that Glanvil be released and issued a writ of habeas corpus . Two years later, the Earl of Oxford's Case came before Ellesmere, who issued a judgment that directly contradicted English law based on the "Law of God". Coke and
23217-634: The case was to pay full fees to the other side; the fees would be set ludicrously low. This bill was never put into effect, as Parliament was dissolved. Oliver Cromwell did appoint a Commission to institute similar provisions in 1654, but the Commission refused to perform its duties. After the English Restoration , those judges and officials sacked under Cromwell were reinstated, with little modern progression; as Kerly puts it, "unjust judges presided again, and rank maladministration invaded
23430-411: The cases directly, rather than having them referred to the council itself; occasionally a committee of lay and church members disposed of them, assisted by the judges of the common law courts. John Baker argues that it was the late 14th century that saw Chancery procedure become fixed, citing the work done by John Waltham as master of the rolls between 1381 and 1386, and notes that this period also saw
23643-405: The cause he has embraced...Your right Jacobite, Sir, disguises his true sentiments, he roars out for revolution principles; he pretends to be a great friend to liberty". He further claimed that a large Army was needed to defeat any possible Jacobite invasion. In 1737, Frederick, Prince of Wales applied to Parliament for an increased allowance. This split the Tories, with 45 abstaining, leading to
23856-465: The cause until the 18th and early 19th centuries, when the attitude of the Court towards awarding damages became more liberal; in Lannoy v Werry , for example, it was held that where there was sufficient evidence of harm, the Court could award damages in addition to specific performance and other remedies. This changed with Todd v Gee in 1810, where Lord Eldon held that "except in very special cases, it
24069-457: The churchyard of St Botolph's Aldgate in 1709. He had made a will at this time, but when his health failed in 1718, he planned to make a new version taking account of the extra property he had acquired in the intervening years. Cass began a new will, but by the time of his death only two pages had been initialled. The will – with an estate worth £2,000 – was contested by his heirs at law in the Court of Chancery . Lady Cass continued as patroness of
24282-400: The common law and which with equity, and was also silent on the structure of the court, as Hatherley believed the difference between the common law and equity was one of procedure, not substance. As a result, the bill was heavily opposed from two sides: those who opposed fusion, and those who supported fusion but felt the provisions were too weak and vague to be of any use. As a result, the bill
24495-401: The common law courts regularly appointed guardians, the Chancery had the right to remove them, replace them or create them in the first place. Similarly, while there were actions against guardians which the child could undertake in the common law courts, these were regularly undertaken in the Court of Chancery. This jurisdiction was first regularly recognised from 1696 onwards, and its main focus
24708-431: The common law courts were limited to awarding damages . Chancery English, used in official documents, can be seen as the beginnings of Standard English – a national standard of spelling and grammar. By the 15th century, the City of Westminster had been the seat of government administration for about three centuries. After about 1430, the use of English in administrative documents replaced French which had been used since
24921-472: The common law courts, which were mainly concerned with the remedy and retribution of problems. This was further enforced by the Statute of Frauds , which confirmed Chancery principles across the board, allowing people to receive the same treatment in the common law courts as they did in the Chancery. A major reform to the Court happened soon after the restoration, with the introduction of a right of appeal to
25134-445: The common principle that the Chancery's jurisdiction was for matters where the common law courts could neither enforce a right nor administer it. The use of trusts and uses became common during the 16th century, although the Statute of Uses "[dealt] a severe blow to these forms of conveyancing" and made the law in this area far more complex. The court's sole jurisdiction over trusts lasted until its dissolution. From its foundation,
25347-409: The common-law courts were limited to granting damages , and the Chancery was limited to granting specific performance or injunctions . The County Courts (Equity Jurisdiction) Act 1865 gave the county courts the authority to use equitable remedies, although it was rarely used. The lord chancellors during this period were more cautious, and despite a request by the lawyers' associations to establish
25560-485: The concealed mother of the latter, was extinct...The subsequent contests were rather a struggle for power than the settled animosity of two parties, though the body of Opposition still called itself Whig, an appellation rather dropped than disclaimed by the Court; and though the real Tories still adhered to their own distinctions while they secretly favoured, sometimes opposed, the Court, and fluctuated accordingly as they esteemed particular chiefs not of their connection or had
25773-408: The court was formally led by the lord chancellor, assisted by the judges of the common-law courts. The staff of the court included a large number of clerks, led by the master of the rolls , who regularly heard cases on his own. In 1813 a vice-chancellor was appointed to deal with the Chancery's increasing backlogs, and two more vice-chancellors were appointed in 1841. Lord chancellors sold offices of
25986-611: The courtiers and the popish banditti in Ireland, to whom the appellation of Tory was affixed. And after this manner, these foolish terms of reproach came into public and general use; and even at present seem not nearer their end than when they were first invented. The first Tory party traces its principles and politics to the English Civil War which divided England between the Cavaliers (supporters of King Charles I ) and
26199-430: The debates in Parliament for 1768–1774, PDG Thomas discovered that not a single politician labelled themselves a Tory. JCD Clark similarly argues: "The history of the Tory party in parliament between the early 1760s and the late 1820s may be simply written: it did not exist". Applied by their opponents to parliamentary supporters of the younger William Pitt (1783–1801, 1804–1806), the term Tories came to represent
26412-401: The decline of the Exchequer, dealing with the law of equity , something more fluid and adaptable than the common law . The early Court of Chancery dealt with verbal contracts, matters of land law and matters of trusts, and had a very liberal view when setting aside complaints; poverty, for example, was an acceptable reason to cancel a contract or obligation. Complaints were normally brought via
26625-441: The defendants could deliver pleas, rather than defendants in person, thus saving the cost of a Commissioner of Oaths, and cases were to be heard in the order they were accepted by the court. Parliament also fixed the fees that officers could charge, in an attempt to reduce the expense of a case. The following year, Parliament appointed a commission to look at court reform; this made many recommendations, but none that directly affected
26838-543: The dominant force in British politics from 1783 until 1830 and, after Pitt's death (1806), the ministers in the Portland ministry (1807–1809) called themselves the "Friends of Mr Pitt" rather than Tories. Portland's successor, Spencer Perceval (Prime Minister, 1809–1812), never adopted the label of Tory and, after his assassination in 1812, the members of the government of Lord Liverpool (1812–1827) firmly rejected it in
27051-467: The early 1760s (although the term continued to be used in subsequent years as a term of self-description by some political writers). About twenty years later, a new Tory party arose and participated in government between 1783 and 1830, with William Pitt the Younger followed by Robert Jenkinson, 2nd Earl of Liverpool . The Whigs won control of Parliament in the 1831 election , which was fought largely on
27264-514: The end of the 1640s, the radical Parliamentary programme had become clear: reduction of the King to a powerless figurehead and replacement of Anglican episcopacy with a form of Presbyterianism . This prospective form of settlement was prevented by a coup d'état which shifted power from Parliament itself to the Parliamentary New Model Army , controlled by Oliver Cromwell . The Army had King Charles I executed and for
27477-462: The epithet Tory by the anti-Exclusion newspaper Heraclitus Ridens : "[T]hey call me scurvy names, Jesuit, Papish, Tory; and flap me over the mouth with their being the only True Protestants". Within a few months, anti-Exclusionists were calling themselves Tories and a northern Dissenter called Oliver Heywood recorded in October: "Ms. H. of Chesterfield told me a gentleman was at their house and had
27690-451: The existing law and court procedure, and while most of it was aimed at the common-law courts, it did affect the Chancery. For equity, the act provided that a party trying to have his case dismissed could not do so until he had paid the full costs, rather than the nominal costs that were previously required; at the same time, the reforms the act made to common-law procedure (such as allowing claims to be brought against executors of wills) reduced
27903-621: The family moved to Grove Street, in South Hackney , to escape the plague . On 7 January 1684 he married Elizabeth Franklin. Cass was a merchant, builder and politician. In 1705 Cass became a member of the Court of Assistants (equivalent to the board of directors) of the Royal African Company which since 1662 had held the monopoly in England on trading along the West Africa coast in gold, silver, ivory and slaves . The company had been set up by King Charles II and his brother
28116-523: The fees charged by the court and the amount of time they could take on a case. An effect of the Civil War and resulting Commonwealth of England , particularly the "liberal" values and feelings it stirred up, was the continuous modernisation and improvement of the common law courts, something that reduced the interference of the lord chancellor in common law matters, except in areas where they had wildly divergent principles and law. Under Charles II , for
28329-469: The first complaints about the Chancery. The Chancery and its growing powers soon came to be resented by Parliament and the nobility; Carne says that it is possible to trace a general "trend of opposition" during the Plantagenet period, particularly from members of the clergy, who were more used to Roman law than equity. From the reign of Richard II, the House of Commons regularly complained about
28542-403: The first time, there was a type of common law appeal where the nature of the evidence in the initial trial was taken into account, which reduced the need to go to the Court of Chancery. As a result, the nature of the Court of Chancery changed; rather than being a major corrective system for the common law, it became primarily concerned with the administration and protection of rights, as opposed to
28755-497: The government discovering the plot and it subsequently collapsed. When the Commons voted on the bill of pains and penalties against Atterbury, nearly ninety per cent of Tory MPs voted against it. Although the Whig Prime Minister Robert Walpole decided not to prosecute those Tories that he knew were involved in the plot, the Tories were demoralised and largely absented themselves from Parliament for
28968-427: The government-controlled church to promote policies that undermined the church's own unique status in the state led some Tories to support the Glorious Revolution of 1688. The result was a King established solely by parliamentary title and subject to legal controls established by Parliament, the principles that the Tories had originally abhorred. The Tories' sole consolation was that the monarchs chosen were close to
29181-521: The growing middle and merchant classes were more demanding. With increasing court backlogs, it was clear to many law reformers and politicians that serious reform was needed. The first major reforms were the appointment of a vice-chancellor in 1813 to hear cases, and the extension of the Master of the Rolls' jurisdiction in 1833 to hear any and all cases. In 1824 a Chancery Commission was appointed to oversee
29394-425: The guardianship of children is said to have come from the king's prerogative of parens patriae . The Chancery had administered this area of law from an early period, since it primarily concerned the holding of land – a form of trust. Since these were mainly dealt with orally there are few early records; the first reference comes from 1582, when a curator was appointed to deal with the property of an infant. While
29607-428: The guardianship of infants. Its initial role differed somewhat: as an extension of the lord chancellor 's role as Keeper of the King's Conscience , the court was an administrative body primarily concerned with conscientious law . Thus the Court of Chancery had a far greater remit than the common-law courts (whose decisions it had the jurisdiction to overrule for much of its existence) and was far more flexible. Until
29820-534: The idea of trusts , he decided to fuse the courts and the procedure. The final draft provided that all of the existing superior courts would be fused into one court consisting of two levels; one of first instance, one appellate. The court of first instance, to be known as the High Court of Justice, would be subdivided into several divisions based on the old superior courts, one of which, the Chancery Division, would deal with equity cases. All jurisdiction of
30033-466: The infrequent elections of the next several decades (only 7 in the 46 years of the first two Georges, as opposed to 11 in the 26 years from the Revolution to the death of Queen Anne). For much of the period, the Tories commanded a broad base of support in rural England, but the relatively undemocratic nature of the franchise and the maldistribution of the borough seats ensured that this popular appeal
30246-481: The interest which a great number of officers and clerks have in the proceedings of the Court of Chancery, has been a principal cause of extending bills, answers, pleadings, examinations and other forms and copies of them, to an unnecessary length, to the great delay of justice and the oppression of the subject". They recommended that a list of permissible fees be published and circulated to the court officials. The recommendations were not immediately acted on, but in 1743
30459-668: The issue of electoral reform, opposed by the Tories. The Representation of the People Act 1832 removed the rotten boroughs , many of which were controlled by Tories and the Party was reduced to 175 MPs in the 1832 elections . Under the leadership of Robert Peel , who issued a policy document known as the Tamworth Manifesto , the Tories began to transform into the Conservative Party . However, his repeal of
30672-491: The jurisdiction of the Court over charity matters came from its jurisdiction over trusts, as well as from the Charitable Uses Act 1601 . Carne suggests that, as the Court had long been able to deal with such situations, the 1601 act was actually just the declaration of pre-existing custom. This is illustrated by the chancellor's original jurisdiction over feoffments to uses , which came from his original status as
30885-486: The kingdom to Catholicism (in a 1670 treaty with Louis XIV of France ); second, that his younger brother and heir presumptive , James, Duke of York , had in fact converted to Catholicism, an act that many Protestant Englishmen in the 1670s saw as only one step below high treason. The Whigs tried to link the Lord Lieutenant of Ireland , the Duke of Ormonde , with the foremost Irish Tory, Redmond O'Hanlon , in
31098-406: The late 1750s and the early 1780s. Even the Whigs ceased to be an identifiable party, and Parliament was dominated by competing political connections, which all proclaimed Whiggish political views, or by independent backbenchers unattached to any particular group. Upon the accession of George III , the old political distinctions dissolved. The Whig factions became in effect distinct parties (such as
31311-550: The leaders amongst the Tories, either on this occasion or that of the King's first message, showed the least sign of zeal or affection to the Government". On 24 February, a storm scattered the French invasion fleet and suspected Jacobites were arrested, leading to the French government cancelling their planned invasion. Charles Stuart, who was still in France and determined to start a Jacobite rising, looked to Scotland. However,
31524-431: The load of other business, attend to the great business of his realm, and of other foreign countries. Records show dozens of early cases being sent to the lord chancellor and master of the rolls , but at the time the chancellor had no specific jurisdiction to deal with them; the cases were referred to him only as a matter of convenience. Under Edward II the chancellor dedicated set days to hearing pleas, as documented in
31737-435: The lord chancellor anyway. In addition, in relation to the discovery and accounting of assets, the process used by the Court of Chancery was far superior to the ecclesiastical one; as a result, the Court of Chancery was regularly used by beneficiaries. The common law courts also had jurisdiction over some estates matters, but their remedies for problems were far more limited. Initially, the Court of Chancery would not entertain
31950-478: The lord chancellor to curb the sale of offices; and later the right to appoint officials was transferred from the chancellor to the Crown . The Court of Chancery originated, as did the other high courts before 1875, in the Norman curia regis or King's Council, maintained by most early rulers of England after 1066. Under the feudal system , the council was made up of the monarch, the Great Officers of
32163-440: The main line of succession as William III was James II's nephew and William's wife Mary was James's elder daughter. The Act of Toleration 1689 also gave rights to Protestant dissenters that were hitherto unknown, while the elimination of a large number of bishops who refused to swear allegiance to the new monarchs allowed the government to pack the episcopate with bishops with decidedly Whiggish leanings. In both these respects
32376-409: The monarch) allowed a claim to proceed despite the lord chancellor's implied jurisdiction. At the same time, the common-law judges ruled that the Chancery had no jurisdiction over matters of freehold . The lord chancellor of the time, Lord Ellesmere , was not dissuaded, and maintained that he had the jurisdiction to oversee decisions of the common-law courts and matters of freehold. In 1614, he heard
32589-597: The more agreeable opportunity of distressing those who supported the cause of freedom. As their whole conduct was comprised in silent votes, and never was considerable enough to turn a single scale in the political changes, I shall seldom mention them anymore. Dickinson reports the following: All historians are agreed that the Tory party declined sharply in the late 1740s and 1750s and that it ceased to be an organized party by 1760. The research of Sir Lewis Namier and his disciples [...] has convinced all historians that there were no organized political parties in Parliament between
32802-474: The more conservative royalist supporters of Charles II, who endorsed a strong monarchy as a counterbalance to the power of Parliament, and who saw in the Whig opponents of the Court a quasi-Republican tendency (similar to that seen in the Long Parliament ) to strip the monarchy of its essential prerogative powers and leave the Crown as a puppet entirely dependent upon Parliament. That the Exclusion Bill
33015-433: The motion being defeated by 30 votes. Bolingbroke, who wanted to dissociate the Tories from Jacobitism, denounced this as "the absurd behaviour of the Tories, which no experience can cure". In 1738 Frederick's attempts to reconcile with the Tories broke down on Wyndham's insistence that he join the Tories in favouring a reduced Army. With the outbreak of war against Spain in 1739, there was renewed plotting amongst Tories for
33228-624: The name of the 18th century mathematician Thomas Bayes in September 2021. And the Sir John Cass Redcoat School changed its name to Stepney All Saints School. Tories (British political party) The Tories were a loosely organised political faction and later a political party , in the Parliaments of England , Scotland , Ireland , Great Britain and the United Kingdom . They first emerged during
33441-408: The need for parties to go to equity for a remedy. Legal historian Wilfrid Prest writes that despite these legislative enactments, the tally of which "begins to look quite impressive", the old problems continued, albeit less frequently; one barrister of the time claimed that going to the Court with a case worth anything less than £500 was a waste of time. Under Lord Hardwicke , Chancery procedure
33654-489: The need to pay them fees and made it illegal for them to receive gratuities; it also removed more sinecure positions. The Master in Chancery Abolition Act 1852 ( 15 & 16 Vict. c. 80) abolished the masters in Chancery, allowing all cases to be heard directly by judges instead of bounced back-and-forth between judges and masters. As a result of these reforms the court became far more efficient, and
33867-424: The next 11 years the British kingdoms operated under military dictatorship . The Restoration of King Charles II produced a reaction in which the King regained a large part of the power held by his father. However, Charles' ministers and supporters in England accepted a substantial role for Parliament in the government of the kingdoms. No subsequent British monarch would attempt to rule without Parliament, and after
34080-410: The next session of Parliament. [...] They will probably have many occasions of greatly distressing the present Government and ministry and perhaps find some who will concur with them in that, though not out of goodwill to my cause. [...] In such cases I hope my friends will make no scruples in joining heartily with them for whatever their particular motives may be anything that tends to the disadvantage of
34293-466: The non-Junto Whigs, led by the Duke of Somerset and the Duke of Shrewsbury , who began to intrigue with Robert Harley 's Tories. In early 1710, the prosecution by the Whig government of the ultra-Tory preacher Henry Sacheverell for sermons delivered the previous year, led to the Sacheverell riots and brought the ministry into popular discredit. In the spring of 1710, Anne dismissed Godolphin and
34506-662: The offices". The situation was much improved, nonetheless, because many of the faults were down to the machinery of the court rather than the spirit, which Lord Clarendon soon rectified. Upon appointment as lord chancellor he immediately published a new issue of the Orders for the Regulation of the Practice of the Court of Chancery. This was based on the code set by the Cromwellian Commissioners, and limited
34719-504: The old. It consisted largely of former Whigs, alienated from the party that now bore that name. While it maintained a sentimental and conservative respect for the symbolic institutions of the British monarchy, in practice Tory ministries allowed the King no more freedom than Whig ones. The incompetence of George III's personal interventions in policy had been sufficiently shown in the American War (1775–1783), henceforward his active role
34932-534: The opposition Whigs, only reversing this stance when the Pretender sent a letter to the Tories in 1730, ordering them to "unite in the measures against the Government and even with those who oppose it for different views than theirs". For the next decade, the Tories cooperated with the opposition Whigs against Walpole. Public admission of Jacobitism was treason, so the Tories challenged the Hanoverian-Whig regime without specifically addressing it by developing
35145-625: The other judges over-ruled this judgment while Ellesmere was ill, taking the case as an opportunity to completely overthrow the lord chancellor's jurisdiction. Ellesmere appealed to the Monarch, who referred the matter to the attorney general for the prince of Wales and Francis Bacon , the Attorney General for England and Wales . Both recommended a judgment in Ellesmere's favour, which the Monarch made, saying: as mercy and justice be
35358-600: The other party to a case. It is commonly believed that the Court of Chancery could not grant damages until the Chancery Amendment Act 1858 ( 21 & 22 Vict. c. 27), which gave it that right, but in some special cases it had been able to provide damages for over 600 years. The idea of damages was first conceived in English law during the 13th century, when the Statutes of Merton and Gloucester provided for damages in certain circumstances. Despite what
35571-439: The party that breached the contract to carry out his obligations was viable. Injunctions, on the other hand, are remedies which prevent a party from doing something (unlike specific performance, which requires them to do something). Until the Common Law Procedure Act 1854 , the Court of Chancery was the only body qualified to grant injunctions and specific performance. Damages is money claimed in compensation for some failure by
35784-442: The political current opposed to the Old Whigs and the radicalism unleashed by the American and French Revolutions. This was reinforced by the breakup of the Whig party in 1794 when the conservative group led by the Duke of Portland joined Pitt's ministry, leaving an opposition rump led by Charles James Fox . The historian JCD Clark has written of the 1790s: "It cannot be too clearly stressed that no public figure at that date accepted
35997-565: The practice of our Court of Chancery. Coke's challenge to the Chancery is seen by academic Duncan Kerly as helping him lose his position as a judge, and until its dissolution the Court of Chancery could overrule judgments issued in the common-law courts. This was not the end of the dispute, however; in his Institutes of the Lawes of England , Coke suggested that the Monarch's decree was unlawful, and his contemporary David Jenkins wrote in Eight Centuries of Reports that "the excess of Jurisdiction in Chancery, in examining Judgments at Common Law"
36210-408: The practice under Henry VI that plaintiffs in the common-law courts could not execute judgments given by the common-law judges if the lord chancellor felt their claim was "against conscience". This had been vehemently opposed by the common-law judges, who felt that if the lord chancellor had the power to override their decisions, parties to a case would flock to the Court of Chancery. The dispute over
36423-434: The pre-eminence of the lord chancellor continued into Elizabeth I 's reign, with the judges increasing in strength; the lord chancellor was no longer a clergyman whom it was risky to offend, while the judges had grown in stature. Sir Edward Coke cites in his Reports a case at the end of Elizabeth I's reign which seems to indicate that the chancellor's prerogative had been overturned, when the judges (without opposition from
36636-404: The preface to his novel Bleak House , to bemoan the inefficiencies of the Court of Chancery. His novel revolves around a fictional long-running Chancery case, Jarndyce and Jarndyce . He observed that at the time he was writing there was a case before the Chancery court "which was commenced nearly twenty years ago ... and which is (I am assured) no nearer to its termination now than when it
36849-433: The present Government and to the bringing it into confusion cannot be but of advantage to my cause". As a result, 127 Tories joined the opposition Whigs in successfully voting against Walpole's nominated chairman of the elections committee in December 1741. The Tories continued to vote against Walpole with the opposition Whigs in subsequent divisions until Walpole was forced to resign in February 1742. The Pretender wrote to
37062-430: The protectionist wing of the party rejected the Conservative label. They preferred to be known as Protectionists or even to revive the older Tory as an official name. By 1859 the Peelites (Peel's Conservative supporters) joined the Whigs and Radicals to form the Liberal Party . The remaining Tories, under the leadership of the Earl of Derby (a former Whig) and Disraeli (once a Radical candidate for Parliament), adopted
37275-451: The records of the Parliament of Lincoln in 1315, which also show that some cases were heard by his personal staff, the Chancery, and not by the chancellor. By 1320 requests were regularly sent there, and heard by the judges of the common law courts, with the rules used to settle cases being those of "law or reason", sometimes simply "reason", a far more liberal and adjustable approach than the common law. The Chancery came to prominence after
37488-429: The regular business of the country, and this soon split into various courts: first the exchequer of pleas , to deal with finance, and then the Court of Common Pleas , to deal with "common" cases. The Chancery started as the personal staff of the lord chancellor, described as "a great secretarial bureau, a home office, a foreign office, and a ministry of justice". The earliest reference to legal issues being sent to him
37701-478: The requests, and made no decision. The Commons did succeed in making some changes to the court's procedure, however; in 1394 the King assented to their request that victorious defendants in the court have their costs recompensed from the other side, and in 1341 the king, on their application, allowed the lord chancellor to send cases directly to the common law courts, to avoid the common law judges having to waste time travelling. Kerly suggests that many complaints from
37914-437: The right of original jurisdiction to hear equity cases at first instance . After disputes which lasted into the next Parliament, this second measure was dropped, but the right to hear equity appeals was confirmed. Horowitz writes that despite these changes, one of the academic certainties is that the problems which had dogged the court for the last two centuries persisted; Observations on the Dilatory and Expensive Proceedings in
38127-426: The rising, Charles' captured secretary, John Murray of Broughton , informed the government of the Tories' conspiracy with the Pretender. The government decided not to prosecute them. The trial of the Scottish rebel lords in London was boycotted by most Tory peers. After the Duke of Cumberland 's brutal suppression of the Scots, English Tories adopted the plaid as their symbol. Eveline Cruickshanks in her study of
38340-463: The schools, but died in 1732. The school continued for a few more years under the aegis of Valentine Brewis, one of the trustees Cass had named, but was closed down after his death in 1738. In the early 1740s the remaining trustees petitioned Parliament for the permanent endowment of the school, and the will was finally upheld 30 years after Cass's death. This enabled the Sir John Cass's Foundation to be established in 1748. His charity continued to fund
38553-418: The speedy dispatch of business". Parliament eventually proposed dissolving the court as it then stood and replacing it with "some of the most able and honest men", who would be tasked with hearing equity cases. Rather than the mass of clerks on the staff, a sufficient number of "godly, able, honest and experienced clerks, which be working attorneys and clerks and not overseeing officers" would be appointed, and
38766-421: The title 'Tory', and that they had the best reasons for denying its appropriateness". Pitt rejected the Tory label, preferring to refer to himself as an independent Whig, for he believed in the current constitutional arrangement as being well balanced, without particular favour towards the royal prerogative, unlike the Tories of the first half of the 18th century. The group surrounding Pitt the Younger came to be
38979-436: The true supports of our Royal Throne; and it properly belongeth to our princely office to take care and provide that our subjects have equal and indifferent justice ministered to them; and that when their case deserveth to be relieved in course of equity by suit in our Court of Chancery, they should not be abandoned and exposed to perish under the rigor and extremity of our laws, we ... do approve, ratifie and confirm, as well
39192-422: The two parties measured their strength. William III saw that the Tories were generally more friendly to royal authority than the Whigs, and he employed both groups in his government. His early ministry was largely Tory, but the government gradually came to be dominated by the so-called Junto Whigs . This tight-knit political grouping was opposed by the Country Whigs led by Robert Harley , who gradually merged with
39405-402: The university of Oxford brought them all up at once to town, which nothing else would, and in their zeal on that account, they entered into a sort of coalition with Prince Frederick's party to stand by the university of Oxford, to join in opposing all unconstitutional points, but to be under no obligation to visit Prince Frederick's court, nor unite in other points". After Wynn's death in 1749,
39618-413: The use of it". Lunatics and idiots were administered separately by the lord chancellor under his two prerogatives; the appeal under the king's prerogative went directly to the king, and under the Lands of Lunaticks Act 1324 to the House of Lords . Idiots and lunatics had their land looked after by a court-appointed administrator, and any profits went into a trust fund to support the insane person. Due to
39831-485: The vested interest of the king (who would hold the lands) the actual lunacy or idiocy was determined by a jury, not by an individual judge. Under the Lunacy Act 1845 the lord chancellor had a right to appoint a commission to investigate the insanity of an individual; as part of his role as Keeper of the king's conscience, however, he would only do this when it was beneficial to the lunatic, not simply because somebody had been found insane. The law courts' jurisdiction over
40044-409: The work of the court, and in 1390 it petitioned the king to pronounce that the court could not act contrary to the common law, nor annul a judgment without due process. At the same time, it asked that no writ could be issued that would compel a man to appear before the court; if it was, the clerk who issued it would lose his job and the lord chancellor would be fined £100. The king gave evasive answers to
40257-700: The world. In Bristol the statue of Edward Colston , a slave trader, was toppled. Thus, amongst a broader recognition of racial injustice, many institutions reviewed their historical associations with the slave trade. In the following months the Sir John Cass Foundation and many associated organisations changed, or committed to change, their names. London Metropolitan University removed Cass's name from their Art, Architecture and Design School. The foundation itself committed to change its name, later announcing that it would be called The Portal Trust , taking effect in Spring 2021. The business school at City, University of London , removed its association with Cass, instead adopting
40470-442: The year earlier enabled him to be elected as an 'assistant' to the company. In 1705 Cass increased his holding to £6000 worth of stock. Two years later in 1707, Cass sold £1000 of his stock to another noteworthy stock holder Thomas Martin. From 1713 to 1716 Cass held £1700 of Royal African Company stock. The initial £6000 Cass had invested in the Company between 1705 and 1707 would be the equivalent of at least £1 million today. It
40683-409: Was "almost unanimity" of opinion that the existence of two separate systems was "the parent of most of the defects in the administration of our law". Much of the impetus for fusion came from pressure groups and lawyers' associations. They partially succeeded with the Common Law Procedure Act 1854 and Chancery Amendment Act 1858 , which gave both courts access to the full range of remedies. Until then,
40896-409: Was "the custom in Jacobite days to destroy all letters with any hint of political or religious feeling in them". However, some historians (such as Linda Colley ) have questioned the Tories' commitment to Jacobitism. In 2016, Frank O'Gorman noted that given the nature of the evidence, it is unlikely that the question will ever be answered, but added that "judged by the acid test of how they behaved in
41109-498: Was a scheme to provide new churches for the rapidly expanding population of the metropolis. Cass was Master of the Worshipful Company of Carpenters in 1711–12, concurrent with his shrievalty ; but in 1714 he transferred to the Skinners' Company , and became their Master. Between 1709 and 1715 he was treasurer to the Bridewell and Bethlehem Hospitals . On 5 December 1704 Cass bought £1000 worth of Royal African Company stock. In January 1705, resulting from investment Cass had made
41322-400: Was an industrialist rather than a landowner. Peel in his 1834 Tamworth Manifesto outlined a new conservative philosophy of reforming ills while conserving the good. The subsequent Peel administrations have been labelled Conservative rather than Tory, but the older term remains in use. When the Conservative Party split in 1846 on the issue of free trade (namely, the repeal of the Corn Laws ),
41535-417: Was begun". He concluded that "If I wanted other authorities for Jarndyce and Jarndyce, I could rain them on these pages, to the shame of a parsimonious public". The idea of fusing the common-law and equity courts first came to prominence in the 1850s; although the Law Times dismissed it as "suicide" in 1852, the idea gained mainstream credibility, and by the end of the year the Times was writing that there
41748-484: Was contradicted the next, so as in some cases there had been five hundred orders and faire more as some affirmed". The Court spent a long time on each case, which, combined with the backlog, made the pursuit of a case extremely expensive. This was exacerbated by the appointment to the Court of useless, highly paid officials by the lord chancellor or master of the rolls, many of whom were their friends. The chancellor and master both openly sold these roles, whose exorbitant pay
41961-492: Was destroyed by a storm at sea. During the Whig Split of 1717, the Tories refused to back either side and adopted the same stance to Lord Sunderland 's overtures in 1720. Nonetheless, their combined efforts helped the opposition win some victories, such as the defeat of the Peerage Bill in 1719. In 1722, Sunderland advised the King to admit leading Tories into government, thereby dividing them and ending their hopes for revenge by looking for support from abroad. He also advised
42174-423: Was eventually withdrawn. In 1873, the idea was resurrected – again by Palmer, who was now Lord Selborne and the new lord chancellor – as the Supreme Court of Judicature bill . While still cautious, Selborne's bill was far more structured than Hatherley's, and contained more detail on what was to be done. Rather than fusing the common law and equity, which he saw as impracticable since it would destroy
42387-410: Was extremely ill and died within a few days. Bolingbroke had not been able to formulate any coherent plans for dealing with the succession, for if he thought of proclaiming the son of James II (the Pretender) king, he made no moves to do so. The Elector George succeeded to the throne entirely peacefully, supported by the Hanoverian Tory grouping. In accordance with Succession to the Crown Act 1707 ,
42600-403: Was further reformed with a pair of orders published in 1741 and 1747, which mandated that a claimant who brought his case to court and had it dismissed immediately should pay full costs to the other side, rather than the 40 shillings previously paid, and that parties filing bills of review should pay £50 for the privilege. At the same time, a review of the Court's costs and fees was undertaken by
42813-443: Was impeached and sent to the Tower, with Bolingbroke and the Tory peer the Duke of Ormonde fleeing to France to join the Pretender. A series of riots against the coronation of George I and the new Hanoverian-Whig regime (in which the mob voiced their support for Jacobitism and local Tory parliamentary candidates) led to the Whig government strengthening their power by passing the Riot Act , suspending habeas corpus and increasing
43026-403: Was instead due to the lord chancellor's inherent authority. As a result, General Orders were regularly issued awarding the innocent party additional costs, such as the cost of a solicitor on top of the costs of responding to the other party's false statements. The Court became more cautious about awarding damages during the 16th and 17th centuries; lord chancellors and legal writers considered it
43239-433: Was limited to negations of government policies such as the Catholic emancipation . In foreign policy, the differences were even more marked as the old Tory party had been pacific and isolationist whereas the new one was bellicose and imperialistic. The Tories became associated with repression of popular discontent after 1815, but the Tories later underwent a fundamental transformation under the influence of Robert Peel , who
43452-416: Was never translated into a Tory majority in Parliament. The Tories would have won every general election between 1715 and 1747 had the number of seats obtained corresponded to the number of votes cast. The Tories were, therefore, an effectively null factor in practical politics, a permanent minority in Parliament and entirely excluded from government. The latter exclusion, and the rigid party politics played by
43665-420: Was not at issue; rather, it was the wisdom of a policy of creating a King whose sole title to the Crown was the will of Parliament and who was essentially a Parliamentary appointee. On this original question, the Tories were in the short run entirely successful as the Parliaments that brought in the Exclusion Bill were dissolved, Charles II was enabled to manage the administration autocratically and upon his death
43878-436: Was not just limited to Bacon, and that "after the dramatic confrontations between Lord Chief Justice Coke and Lord Chancellor Ellesmere, chancellors took care to circumscribe the Court's corrective jurisdiction and to focus more narrowly on territories they had staked out as peculiarly their own". By the time of the English Civil War , the Court of Chancery was being criticised extensively for its procedure and practice. During
44091-417: Was not the course of proceeding in Equity to file a Bill for specific performance of an agreement; praying in the alternative, if it cannot be performed, an issue, or an inquiry before the Master, with a view to damages. The plaintiff must take that remedy, if he chooses it, at Law." This was followed by Hatch v Cobb , in which Chancellor Kent held that "though equity, in very special cases, may possibly sustain
44304-407: Was one of the largest abuses of the law. In the late 17th century Robert Atkyns attempted to renew this controversy in his book An Enquiry into the Jurisdiction of the Chancery in Causes of Equity , but without any tangible result. Even so, future lord chancellors were more cautious; when Francis Bacon succeeded Ellesmere, he made sure to prevent the misuse of injunctions. Horowitz writes that this
44517-514: Was passed in the same year that abolished the office of the Six Clerks completely. Some further procedural reforms were undertaken in the 1850s. In 1850, a new set of Chancery orders were produced by the lord chancellor, allowing masters to speed up cases in whatever way they chose and allowing plaintiffs to file a claim, rather than the more expensive and long-winded bill of complaint. The Suitors in Chancery Relief Act 1852 ( 15 & 16 Vict. c. 87) gave all court officials salaries, abolished
44730-456: Was resolved to restore the House of Stuart and that he was planning a French invasion headed by the Pretender's son, Charles Edward Stuart . The "Declaration of King James" (written by Tory leaders) was signed by the Pretender on 23 December. This was to be published in the event of a successful French landing. However, the Whig government was informed by a spy of the intended French invasion and King George told Parliament on 15 February 1744 that
44943-413: Was the central question upon which parties diverged, did not hinge upon an assessment of the personal character of the Duke of York (though his conversion to Catholicism was the key factor that made the Bill possible), but rather upon the power of Parliament to elect a monarch of its own choosing, contrary to the established laws of succession. That the Parliament, with the consent of the King, had such power
45156-402: Was the period when the Chancery changed from being an administrative body with some judicial functions to "one of the four central courts of the realm ... the growth in the number of [cases] is a primary indicator of the changing position of Chancery". This increasing role was assisted by the changing function of the court: until the late 14th century, private parties could not bring cases to
45369-475: Was the welfare of the child. As such, wards of the court had certain principles: their estates had to be administered under the supervision of the Court, they had to be educated under the same supervision, and any marriage had to be sanctioned by the Court. The lord chancellor had, since the 15th century, been tasked with administering estates where the estate was to be used for charitable purposes. In Bailiff of Burford v Lenthall , Lord Hardwicke suggested that
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