Earl of Oxford's case

The Lord Chancellor held: "The Cause why there is Chancery is, for that Mens Actions are so divers[e] and infinite, that it is impossible to make any general Law which may aptly meet with every particular Act, and not fail in some Circumstances."

A statute, the Ecclesiastical Leases Act 1571, provided that conveyances of estates by the masters, fellows, or any college dean to anyone for anything other than a term of 21 years, or three lives, ‘shall be utterly void’.

Not mindful of this, Roger Kelke, Master and the Fellows of Magdalene College, Cambridge sold some of its land (at St Botolph's Aldgate in London) to Queen Elizabeth I.

Chief Justice Coke overturned the jury and held the earlier land transfer was void, caught by the Ecclesiastical Leases Act 1571.

However, in 1604, the alleged owner of the large parcels of land in question Edward de Vere, 17th Earl of Oxford had died, succeeded by his son and heir Henry (b.

The Office of the Chancellor is to correct Men’s consciences for Frauds, Breach of Trusts, Wrongs and oppressions, of what Nature soever they be, and to soften and mollify the Extremity of the Law, which is called summum jus.

The Cause why there is Chancery is, for that Men[']s Actions are so divers[e] and infinite, That it is impossible to make any general Law which may aptly meet with every particular Act, and not fail in some Circumstances.As a result of Lord Ellesmere's decision, the two courts became locked in a stalemate.

He issued a declaration saying: as mercy and justice be 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 the practice of our Court of Chancery.

Henry de Vere believed he should have title to certain land rather than Magdalene College, Cambridge. Chancery – the courts in equity – agreed; however, this provoked a disagreement between the courts, resolved by the Monarch advised by the Attorneys General.