As a result of Lord Ellesmere’s decision, the two courts became locked in a stalemate. Lord Ellesmere LC effectively appealed to King James I, who referred the matter to the Attorney General for the Prince of Wales and Sir Francis Bacon, the Attorney General for England and Wales.[2] Both recommended a judgment in Lord Ellesmere’s favour, which King James I approved. 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.[3]The King decreed on the advice of the Attorneys General that if there was a conflict between the common law and equity, equity would prevail.
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