Wilhs: Anglo-American Law 
91 
The Court of Equity invented new procedure, new remedies, 
and some new antecedent rights. After a little it was com- 
pelled to give up its common law jurisdiction, and its jurisdic- 
tion might have come to naught had it not been for the curious 
episode of uses and trusts (antecedent rights created by 
equity) and the device of the subpoena. These enabled it to 
survive until the end of the present period, and then Lord 
Ellesmere won out in his struggle with Lord Coke 24 and equity 
added an appendix to the common law. The writ of subpoena 
was said to have been invented by Waltham, bishop of 
Salisbury and keeper of the rolls in the reign of Richard II, 
but he probably only adapted it to the use of the Court of 
Chancery. This writ was so called because it commanded the 
person addressed to appear in the Court of Chancery on a 
certain day and answer the complaint of the plaintiff. It was 
flexible and adaptable to any form, and it was efficacious be- 
cause if the defendant did not appear he could be fined for con- 
tempt of court. The chancellor’s jurisdiction was based on 
conscience, and the doctrine of uses was based on the idea 
that the person really entitled, in equity and good conscience, 
to the enjoyment of property was not necessarily the person 
in actual or legal possession of it. The Court of Common 
Pleas would recognize seisin only as the basis of rights. The 
writs of right and assizes were framed to give protection 
to seisin. The Court of Chancery asked whom did the last 
real owner intend to have the benefit of the property, and said 
such person had the conscientious right to it tho he was not 
seised of it; and made whoever had the possession recognized 
by the common law give the use and benefit to the one who 
had this conscientious right. Thus there came a separation 
between the use (recognized by Chancery) and seisin (recog- 
nized by the Common Pleas). Uses were called equitable 
estates, and became fully established by the end of the reign 
of Richard III. An attempt was made in the reign of Henry 
VIII to abolish uses , 25 and it seemed to succeed for about 
one hundred years, when they were again revived in the form 
of trusts. Equity developed some contract law, especially in 
connection with conveyancing, where it created the bargain 
and sale deed and the covenant to stand seised. In one case 
24 See life of Lord Coke, infra. 
23 Statute of Uses (1536). See infra. 
