A Concise History of the Common Law. Theodore F. T. Plucknett
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The tolerably good relations which we have seen existing in the fifteenth century between common law courts and Chancery were interrupted during the chancellorship of Cardinal Wolsey (1515-1529). The list of charges against the Cardinal1 accuse him of misusing injunctions as well as publicly insulting common law judges. The fact that harmony once again reigned under his successor, Sir Thomas More, would seem to indicate that the fault lay as much with Wolsey’s character as with his policy. More, trained as a common lawyer, even suggested to the judges that they should adopt equitable principles and so render injunctions unnecessary.2 He at least seems to have thought this a practicable solution, but again the judges replied with a non possumus. The one hopeful sign was that there was no distinction of a common law bar from a Chancery bar; as Bacon was able to remark much later, many of the common law judges had either sat as commissioners in Chancery, or had practised there earlier in their careers. Not until the accession of James I did discord reappear.
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