s £g CHAN 
anents, is bound to obferve the order and method of the 
common law; and the extraordinary jurifdiction is that 
which this court exercifes in cafes of equity. The or¬ 
dinary court holds plea of recognifances acknowledged 
in the chancery, writs of fcire facias for repeal of letters 
patent, writs of partition, See. and alfo of all perfonal 
aftions, by or againft any officer of the court; and by 
a£ts of parliament of Teveral offences and caufes. AH 
original writs, commiflions of bankrupt, of charitable 
ufes, and other commiflions, as ideots, lunacy, Sec. if- 
fue out of this court, for which it is always open; and 
fometimes a fuperfedeas, or writ of privilege, hath been 
here granted to difeharge a perfon out of prilon. An 
habeas corpus, prohibition, &c. may be had from this 
in the vacation; and here a fubpeena may be had to force 
witneffes to appear in other courts, when they have no 
power to call them. 4 Inf. 79. 1 Danv. Abr. 776.- 
The extraordinary court, or court of equity, proceeds 
by the rules of equity and confidence, and moderates 
the rigour of the common law, confidering the intention 
father than the words of the law. Equity being the cor¬ 
rection of that wherein the law, by real'on of its univer¬ 
sality, is deficient. On this ground therefore, to main¬ 
tain a fuit in chancery, it is always alleged that the 
.plaintiff is incapable of obtaining relief at common law; 
.and this muft be without any fault of his own, as by 
having loll his bond, &c. Chancery never adting againft 
but in alTiftance of, the common law, fupplying its defi-, 
.ciencies, not contradicting its rules. A judgment at 
law not being reverfable by a decree in chancery. Cro. 
£liz. 220. But a bill in chancery may be brought to 
compel the difeovery of the contents of a letter which 
would difeharge the plaintiff of an aCtion at law, before 
verdiCt obtained. 3 C. Rep. 17. 
Early in the hiitory of our jurifprudence, the adminis¬ 
tration of juitice by the ordinary courts appears to have 
been incomplete. To fupply the defeCt, the courts of 
.equity have gained an eftablifhment; affuming the power 
of enforcing the principles, upon which the ordinary 
courts alfo decide when the powers of thofe courts or 
their modes of proceeding are infuflicient for the pur- 
pofe; of preventing thofe principles, when enforced by 
the ordinary courts, from becoming, contrary to the 
purpofe of their original eftablifhment, inftruments of 
'mjuftice; and of deciding on principles of univerfal juf- 
tice, where the interference of a court of judicature is 
neceffary to prevent a wrong, and the politive law is fi- 
lent. The courts of equity alfo adminilter to the ends 
of juflice, by removing impediments to the fairdecifion 
of a quelhon in other courts ; by providing for the lafety 
of property in difpute, pending a litigation; by reftrain- 
ing the aflertion of doubtful rights, in a manner pro¬ 
ductive of irreparable damage; by preventing injury to 
a third perfon from the doubtful title of others; and by 
putting a bound to vexatious and oppreflive litigations, 
and preventing unneceffary multiplicity of fuits; and, 
without pronouncing any judgment on the fubjeCt, by 
compelling a difeovery which may enable other courts 
to give their judgment; and by preferving teflimony, 
when in danger of being loft, before the matter to which 
it relates can be made the fubjeCt of judicial inveftiga- 
tion. This eftablifhment has obtained throughout the 
whole fyftem of our judicial policy ; moft of the inferior 
branches of that fyftem having their peculiar courts of 
equity: [e. g. the court of exchequer, courts of Wales, 
the counties palatine, cinque ports, &c.] and the court 
of chancery affuming a general jurisdiction in cafes which 
are not within the bounds, or which are beyond the 
powers, of other jurifdidtions. It is not therefore to be 
expeCted that all the cafes within the jurifdiCtion of this 
court can be enumerated with any degree of accuracy in 
fuch a work as this. What follows may ferve tofhewthe 
leadingprinciples of its decifions. They who defire further 
and more precife information, will confult Viner’s and the 
other Digelts, which enter more fully into the lubjeCt. 
1 
C £ R Y. 
This court gives relief for and againft infants, not* 
withftanding their minority: and for and againft mar¬ 
ried women, notwithftanding their coverture : in fome 
cafes a woman may fue her hufband for maintenance; 
file may file him when he is beyond fea, &c. and be com¬ 
pelled to anfwer without her hufband. All frauds and 
deceits, for which there is no remedy at common law 
may here be redreffed; as alfo unreafonable and deceit¬ 
ful engagements and agreements entered into, without 
confideration. 1 fern. 20q. All breaches of truft and 
confidence; and accidents; as to relieve obligors, mort¬ 
gagors, See. againft penalties and forfeitures, where the 
intent was only to pay the debt; titles to lands, where 
the deeds are loft, or iuppreft, may by this court be con¬ 
firmed, conveyances rendered defective bymiftake may 
be made perfeCt, &c. In this court executors may be 
c.vlled upon to give Security and pay .intereft for money 
that is to lie long in their hands- Here executors may 
fue one another, or one executor alone be fued by the 
legatees or others, without the reft; order may be made 
for performance of a will: it may be decreed who fhall 
have the tuition of achild, andothermatters are regulated 
as to the difpofal of the goods of teftators and inteftates. 3 
Comm. 437. And here it may be obferved, that money 
articled to be laid out in land, final! be taken as land in 
equity, and defeend to the heir. 1 Salk. 154. Perfonal 
eftate in the hands of executors, fhall be applied in dif¬ 
eharge of the heir, where there are' fufficient affets to 
pay the debts and legacies. 1 Dane), yjo. There fhall be 
no bill in equity againft an executor, to difeover alfets 
before a fuit commenced at law. Hard. 115. Sed. qu. 
Legal affets {hall be applied in a courle of adminiftra- 
tion; but equitable alfets amongft all the creditors pro- 
portionably, on a bill brought, Sec. 2 Fern. 62. Mortga¬ 
ges are not relievable in equity after twenty years, where 
no demand has been made, or intereft paid, or where 
other particular circumftances do not interfere. Copy- 
hold tenants may be relieved againft the lords of manors; 
inclofures of common lands may be decreed; aflign- 
ments of chofes in aCtion for a good confideration, 
though not valid in law, maybe carried into effeCt; ac¬ 
counts are compelled to be rendered; the limitation of 
aCtions by ftatute may be relieved againft. 
A deed appearing to be cancelled, has been decreed to 
be a good deed, on fpecial circumftances. 1 Cb. Caf. 249. 
Articles of agreement upon marriage reduced into wri¬ 
ting, though not figned by either party, being proved 
to be agreed to, were decreed to be performed. 2 Fern. 
200. Alfo an agreement in writing made fince the fta¬ 
tute of frauds, has been decreed to be difeharged by pa¬ 
rol. 1 Fern. 240. A releafe fhall be avoided for fraud, 
where there is fuppreflio veri, or fuggeftio falfi; and a 
releafe may be fet afide in chancery by reafon of mif- 
apprehenfion of the party that gave it. 1 Fern. 20, 32. 
A will concerning lands, may be avoided in a court of 
equity when obtained by fraud, Sec. 2 Cb. Rep. 97. Heirs 
may be relieved in equity againft unconfcionable con¬ 
tracts made during their fathers’ lives to pay large fums 
of money on their out-living their fathers, aiid-the fecu- 
rities are frequently decreed to be delivered up, on pay¬ 
ment of the Sum actually advanced. 2 Chan. Rep. 397. 1 
Fern. 467. A purchafer of land, without notice of an 
incumbrance, fhall not be hurt thereby in equity; and 
in pleading a purchafe the defendant ought to deny no¬ 
tice of incumbrances. See. Indentures of apprenticefhip 
have been decreed to be delivered up, and the money 
given with the apprentice to be paid back by the matter, 
on ill ufage of the apprentice. Finch Rep. 125. Charity 
lands being let at a great under-value, as was found by 
inquifition, on a commiflion of charitable ufes, the leale 
was avoided in equity, and the leftee decreed to pay the ar¬ 
rears in rent according to the firft value, andto yieldupthe 
poffeffion. 2 Fern. 415. Other cafes of relief, with refpeCt 
to public charities and charitable corporations, come alio 
under the immediate direCtiou of the court of chancery. 
It 
