Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/63

Ch. 4. chancery, who were too much attached to antient precedents, it is provided by tatute Wetm. 2. 13 Edw. I. c. 24. that "whenoever from thenceforth in one cae a writ hall be found in the chancery, and in a like cae falling under the ame right and requiring like remedy no precedent of a writ can be produced, the clerks in chancery hall agree in forming a new one: and, if they cannot agree, it hall be adjourned to the next parliament, where a writ hall be framed by conent of the learned in the law, let it happen for the future that the court of our lord the king be deficient in doing jutice to the uitors." And this accounts for the very great variety of writs of trepas on the cae, to be met with in the regiter, whereby the uitor had ready relief according to the exigency of his buinefs, and adapted to the pecialty, reaon, and equity of his very cae. Which proviion (with a little accuracy in the clerks of the chancery, and a little liberality in the judges, by extending rather than narrowing the remedial effects of the writ) might have effectually anwered all the purpoes of a court of equity ; except that of obtaining a dicovery by the oath of the defendant.

when, about the end of the reign of king Edward III, ufes of land were introduced, and, though totally difcountenan- ced by the courts of common law, were confidered as fiduciary depofits and binding in confcience by the clergy, the feparate ju- rifdiction of the chancery as a court of equity began to be efta- bli(hed ; and John Waltham, who was bimop of Salifbury and chancellor to king Richard II, by a drained interpretation of the above-mentioned ftatute of Weftm. 2. devifed the writ of ubpoena, returnable in the court of chancery only, to make the feoffee to ufes accountable to his cetuy que ue: which procefs was afterwards

k A great variety of new precedents of " y foiiintement ufe come il eft are, Jt nous at- writs, in cafes before unprovided for, are " tendomus tieh aftioas far les cafes, et main- given by this very ftatute of Weftm. 2. " leinomtts le jurifdidion de ceo court, et d'au- 1 Lamb. Arcfeltm. 6 1 . " ter courts" (Yearb. 21 Ed-iv. //'. 23.) k This was the opinion of Faiifax, a very ' See book II. ch. 20. learned judge in the time of Edward the " Spebn. Glo/.o6. I Lev. 242. fourth, " Li fnl>poena (fays he) at Jtrreit my Rh