The problem of the theory of origin of British chancellor of the court

The history of the English law and its legal institutions is quite confusing and full of controversial, sometimes even contradictory theories. The origin of the jurisdiction of the Court of the Chancellor of the Institute, greatly influenced the legal system of England, is currently the subject of scientific discussions. Among researchers of the legal aspects of medieval English Chancellor of the Kingdom there is no consensus about the reason for her appearance. At the moment, there are two main theories of the origin of the jurisdiction of the Chancellor. One of them links the emergence of judicial functions by delegating certain authority to the Chancellor of the Royal Council, the other, administrative work undertaken by the Office. To show the validity of, any of them, this article will examine the arguments used by adherents of each theory. The author notes that for the Post, the main distinguishing feature of Chancellor lies not in its justice, and its administrative functions. Disputes in the community could be resolved by the Lord of the manor, hundred, or County on the basis of considerations of reason and justice. According to the Post, the Chancellor surpassed them only in power because the decisions they had "all the authority of government". Some supporters of the theory of the origin of the judicial jurisdiction of the Chancellor also argue that initially, the Chancellor dealt with cases related to work of their clerks, their offences, serves, thus, a means to control them. But this inner court was the Treasury, however, its judicial powers were concerned mostly with issues related to the revenue of the crown, and not developed subsequently in a more extensive competence. According to the results in this article, the author concludes that the probability of origin of judicial powers of the Chancellor of its internal judicial activities is extremely small. We believe that this played some role, but a much more significant factor was the participation of the Chancellor in the Council's work. The issues dealt with by the domestic court of the Chancellor, were too specific, participation in the work of the complaints demanded a broader legal Outlook. Therefore, the dedication of the Chancellor in matters of common law and its servants, because of their activities on the orders, made the Office the perfect candidate for the position of reviewing a large number of subjects.