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CHANCERY

Volume 2 · 372 words · 1771 Edition

the grand court of equity and conscience, instituted to moderate the rigour of the other courts that are bound to the strict letter of the law.

The jurisdiction of this court is of two kinds, ordinary or legal, and extraordinary or absolute. The ordinary jurisdiction is that wherein the lord-chancellor, who is judge of this court, in his proceeding and judgment, is bound to observe the order and method of the common law; in such cases the proceedings, which were formerly in Latin, but now in English, are filed or enrolled in the petty-bag-office; and the extraordinary, or unlimited power, is that jurisdiction which the court exercises in cases of equity, wherein relief is to be had by bill and answer.

The ordinary court holds plea of recognizances acknowledged in the chancery, writs of scire facias for repeal of the king's letters-patent, &c., also of all personal actions by or against any officer of the court, and of several offences and causes by act of parliament; all original writs, commissions of bankrupts, of charitable uses, of idiots, lunacy, &c., are issued hence.

The extraordinary court gives relief for and against infants, notwithstanding their minority; for and against married women, notwithstanding their overture. All frauds and deceits, for which there is no redress at common law; all breaches of trust, confidences and accidents, as to relieve obligors, mortgagees, &c., against penalties and forfeitures, where the intention was to pay the debt, are here remedied. But in all cases where the plaintiff can have his remedy at law, he ought not to be relieved in chancery; and a thing which may be tried by a jury, is not triable in this court.

The court of chancery will not retain a suit for anything under ten pounds value, except in cases of charity, nor for lands, &c., under forty shillings per ann. In this court all patents, most sorts of commissions, deeds between parties touching lands and estates, treaties with foreign princes, &c., are sealed and enrolled. Out of it are issued writs to convene the parliament and convocation, proclamations and charters, &c. For the several officers belonging to the court of chancery, see the articles MASTER of the rolls, MASTERS in chancery, CLERK, &c.