883 
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siaitte of Edward T. and treating particularly of courts 
-and their feveral jurifdidtions,) is th-ere a fyllable to be 
found relating to the equitable jurifdidtion of the court 
of chancery. It feems therefore probable, that when the 
courts of law, proceeding merely upon the ground of the 
king’s original writs, and confining themfelves ftridtly to 
that bottom, gave a harfli or imperfect judgment, the ap¬ 
plication for redrefs ufed to be to the king in perfon af- 
'iifted by his privy council; (from whence alfo arofe the 
jurifdiftion of the court of requefts, which was virtually 
abolithed by i6Car. I. c. io;) and they were wont to 
refer the matter either to the chancellor and a felect 
committee, or by degrees to the chancellor only, who 
mitigated the feverity, or fupplied the defedts, of the 
judgments pronounced in the courts of law, upon weigh¬ 
ing the circumflances of the cafe. This was the cuffom 
not only among our Saxon ancefiors, before the inftitu- 
tion of the Aula regia, but alfo after its dilfolution, in the 
•reign of Edward I. and perhaps during its continuance, in 
that of Henry II. LI. Ed. c. 2. Lamb. Arch. 59. 
When, about the end of the reign of Edward III. ufes 
of land were introduced, and though totally difeounte- 
nanced by the courts of common law, were confidered as 
fiduciary depofits and binding in confcience by the clergy, 
the feparate jurifdiction of the chancery as a court of 
equity began to be eftabliflied. John Waltham, bifiiop 
of Salifbury, and chancellor to Richard II. (by a drained 
interpretation of the ftatute of Weftminfter 2. (i^Edw I. 
c. 24,) enabling the clerks in chancery to form new writs 
according to the fpecial circumftances of each cafe,) de- 
vifed the writ of fubpoena, returnable in the court of 
•chancery only, to make the feoffee to ufes accountable to 
his cejlui que uje : which procefs was afterwards extended 
to other matters wholly determinable at the common law, 
upon fictitious fuggeftions ; for which therefore the chan¬ 
cellor himfelf is b 17 Rich. II. c. 6, directed to give 
damages to the party unjuftly aggrieved. But as the 
clergy, had long attempted to turn their ecclefiaftical 
courts into courts of equity, by entertaining fuits pro Ice- 
fione Jidei, as a fpiritual offence againfi confcience, in cafe 
of non-payment of debts or any breach of civil contracts ; 
tillchecked by the Conftitutions of Clarendon (10 Hen. II. 
c. 15) ; therefore probably the ecclefiaftical chancellors,, 
who then held the feal, were remifs in abridging their 
own new acquired jurifdidtion ; efpecially as the fpiritual 
courts continued to grafp at the fame authority as before, 
till finally prohibited by the unanimous concurrence of 
all the judges. 
In the time of lord chancellor Ellefmere, A. D. 1616, 
arofe that famous difpute between the courts of law and 
equity, fet on foot by fir Edward Coke, then chief juf¬ 
tice of the court of king’s bench ; whether a court of 
equity could give relief after or againfi: a judgment at the 
common law. This conteft was fo warmly carried on, 
that indictments were preferred againfi: the fuitors, the 
folicitors, the counfel,and even a matter in chancery, for 
having incurred a praeminure by queftioning in a court of 
equity a judgment in the court of king’s bench, obtained 
by grofs fraud and impofition. This matter being 
brought before the king, was by him referred to his 
learned counfel for their advice and opinion; who report¬ 
ed fo firongly in favour of the courts of equity, that his 
majefty gave judgment on their behalf. Whitelock of Pari. 
2, 390. Lord Bacon, who fucceeded lord Ellefmere, re¬ 
duced the pradtice of the court into a more regular fyf- 
tem; his fuccelfors in the reign of Charles I. did little to 
improve upon his plan ; till the appointment of fir Hene- 
age Finch in 1673, who became afterwards earl of Not¬ 
tingham. He was a perfon of the greateft abilities and 
molt uncorrupted integrity ; a thorough matter and zea¬ 
lous defender of the laws and confiitution of his country ; 
and endued with a pervading genius that enabled him to 
difeover and to purfue the true fpirit of juftice, notwith¬ 
standing the embarralfments railed by the narrow and 
technical notions which then prevailed in the courts cf_ 
I T Y. 
law, and the imperfedt ideas Of redrefs which had pof- 
fefied the courts of equity. The reafon and necefiities of 
mankind, arifing from the great change in property by 
the extenfion of trade and the abolition of military tenures, 
co-operated in efiablilhing his plan, and enabling him in 
the courfe of nine years to build a fyfietn of jurifprndencc 
and jurifdidtion, upon wide and national foundations, 
which have alfo been extended and improved by many 
great men, who have fince prefided in chancery. 
Upon the abolition of the court of wards, the care, 
which the crown was bound to take as guardian of its in¬ 
fant tenants, was totally extinguifhed in every feodal 
view ; but refulted to the king in his court of chancery, 
together with the general protedtion of all other infants in 
the kingdom. When therefore a fatherlefs child has no 
other guardian, the court of chancery has a right to ap¬ 
point one, and from all proceedings relative thereto, an 
appeal lies to the hottfe of lords. The court of exche¬ 
quer can only appoint a guardian ad litem, to manage the 
defence of the infant if a fuit 'be commenced againfi him ; 
a power which is incident to the jurifdidtion of every court 
of juftice. Cro. Jfac. 641. But when the intereftof a minor 
comes before the court judicially, in the progrefs of a 
caufe, or upon a bill for that purpofe filed, either tribunal 
indifcriminatelv will take care of the property cf the in¬ 
fant. As to ideots and lunatics, the king himfelf ufed 
formerly to commit the cuftody of them to proper com¬ 
mittees, in every particular cafe ; but now to avoid folici- 
tations and the very fhadow of undue partiality, a warrant 
is ilfued by the king under his royal fign manual to the 
chancellor, to perform this office for him: and if he aits 
improperly in granting fuch cuftodies, the complaint mu ft 
be made to the king himfelf in council. 3 P. Wins. 108. 
But the previous proceedings on the conunillion, to en¬ 
quire whether or no the party be an ideot or a lunatic, 
are on the law-fide of the court of chancery, and can only 
be redreffied, if erroneous, by writ of error in the regular 
courfe of law. 
The king, as parens patriae, has the general fuperinten- 
dence of all charities ; which lie exercifes by the chan¬ 
cellor. And, therefore, when neceftary, the attorney- 
general, at the relation of fome informant, (who is ufually 
called tlie relator) files ex officio an information in the court 
of chancery to have the charity properly eftabliflied. By 
fiat. 43 Eliz. c. 4, authority is given to the lord chancel- 
cellor, and to the chancellor of the duchy of Lancafter, 
refpedtively, to grant commiffions under their feveral 
feals, to enquire into any abides of charitable donations, 
and rectify the fame by decree ; which may be reviewed 
in the refpedtive courts of the feveral chancellors, upon 
exceptions taken thereto. But, though this is done in 
the petty-bag office in the court of chancery becaufe the 
comniifiion is there returned, it is not a proceeding at com¬ 
mon law, but treated as an original caufe in the court of 
equity. The evidence below is not taken down in writ¬ 
ing, and the refpondent in his anfwer to the exceptions 
may allege what new matter he pleafes ; upon which they 
go to proof, andexarnine witneffes in writing upon all the 
matters in ifflie : and the court may decree the refpondent 
to pay all the cofts, though no fuch authority is given by 
the ftatute. And as it is thus confidered as an original 
caufe throughout, an appeal lies of courfe from the chan¬ 
cellor’s decree to the houfeof peers, notwithftanding any 
loofe opinions to the contrary. Duke’s Char. Ufes, 62, 128. 
By the feveral ftatutes relating to bankrupts,a fummary 
jurifdidtion is given to the chancellor, in many matters 
confequential or previous to the commiffions thereby di- 
redted to be ifiTued ; from which the ftatutes give no ap¬ 
peal. The jurifdiction of the court of chancery doth not 
however extend to fome caufes, -wherein relief may be 
had in the exchequer. No information can be brought, 
in chancery, for fuch miftaken charities as are given to^the 
king by the ftatutes for fuppreffing fuperftitious ufes. 
Nor can chancery give any relief againfi the king, or di¬ 
rect any aft to be done by him, or make any decree dif- 
poting 
