Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/67

 Ch. 4. WRONGS. 55 Charles I, did little to improve upon his plan : and even after the restoration the feal was committed to the earl of Clarendon, who had withdrawn from practice as a lawyer near twenty years ; and afterwards to the earl of ShafteSbury, who had never prac- tifed at all. Sir Heneage Finch, who fucceeded in 1673 and be- came afterwards earl of Nottingham, was a perfon of the great- eft abilities and moil uncorrupted integrity ; a thorough matter and zealous defender of the laws and constitution of his coun- try ; and endued with a pervading genius, that enabled him to difcover and to purfue the true fpirit of juftice, notwithstanding the embaraSTments railed by the narrow and technical notions which then prevailed in the courts of law, and the imperfect ideas of redrefs which had poSfeSTed the courts of equity. The reafon and neceflities of mankind, arifing from the great change in property by the extenfion of trade and the abolition of mili- tary tenures, co-operated in eflablifhing his plan, and enabled him in the courfe of nine years to build a SyStem of jurifprudence and jurisdiction upon wide and rational foundations; which have alfo been extended and improved by many great men, who have fince prefided in chancery. And from that time to this, the power and bufinefs of the court have increafed to an amazing degree.

{[sc|From}} this court of equity in chancery, as from the other uperior courts, an appeal lies to the houe of peers. But there are thee differences between appeals from a court of equity, and writs of error from a court of law: 1. That the former may be brought upon any interlocutory matter, the latter upon nothing but only a definitive judgment. 2. That on writs of error the houe of lords pronounces the judgment, on appeals it gives direction to the court below to rectify it's own decree.

next court that I mail mention is one that hath no original jurisdiction, but is only a court of appeal, to correct the errors of other jurisdictions. This is the court of exchequer chamber; which was firt erected by tatute 31 Edw. III. c. 12. Rh