the highest court of justice in Britain next to the parliament, and of very ancient institution. It has its name chancery (cancellaria) from the judge who presides here, the lord chancellor, or cancellarius; who, according to Sir Edward Coke, is so termed a cancellarius, from cancelling the king's letters patent when granted contrary to law, which is the highest point of his jurisdiction. In chancery there are two distinct tribunals: the one ordinary, being a court of common law; the other extraordinary, being a court of equity.

1. The ordinary legal court holds pleas of recognizances acknowledged in the chancery, writs of seisin facias, for repeal of letters patent, writs of partition, &c., and also of all personal actions by or against any officer of the court. Sometimes a supersedeas, or writ of privilege, hath been here granted to discharge a person out of prison: one from hence may have a habeas corpus prohibition, &c., in the vacation; and here a subpoena may be had to force witnesses to appear in other courts, when they have no power to call them. But, in prosecuting causes, if the parties descend to issue, this court cannot try it by jury; but the lord chancellor delivers the record into the king's bench to be tried there; and after trial had, it is to be remanded into the chancery, and there judgment given: though if there be a demurrer in law, it shall be argued in this court.

In this court is also kept the officina justitia; out of which all original writs that pass under the great seal, all commissions of charitable uses, sewers, bankruptcy, idiocy, lunacy, and the like, do issue; and for which it is always open to the subject, who may there at any time demand and have, ex debito justitiae, any writ that his occasions may call for. These writs, relating to the business of the subject, and the returns to them, were, according to the simplicity of ancient times, originally kept in a hamper, in hamaperio; and the others, (relating to such matters wherein the crown is immediately or immediately concerned,) were preserved in a little fack or bag, in parva baga; and hence hath arisen the distinction of the hamper office, and the petty-bag office, which both belong to the common law-court in chancery.

2. The extraordinary court, or court of equity, proceeds by the rules of equity and conscience; and moderates the rigour of the common law, considering the intention rather than the words of the law. It gives relief for and against infants notwithstanding their minority, and for and against married women notwithstanding their coverture. All frauds and deceits, for which there is no redress at common law; all breaches of trust and confidence; and accidents, as to relieve obligors, mortgagees, &c., against penalties and forfeitures, where the intent was to pay the debt, are here remedied: for in chancery, a forfeiture, &c., shall not bind, where a thing may be done after, or compensation made for it. Also this court will give relief against the extremity of unreasonable engagements entered into without consideration; oblige creditors, that are unreasonable, to compound with an unfortunate debtor; and make executors, &c., give security and pay interest for money that is to lie long in their hands. This court may confirm title to lands, though one hath lost his writings; and render conveyances, defective through through mistake, &c. good and perfect. In chancery, copy-holders may be relieved against the ill usage of their lords; inclosures of lands that are common be decreed; and this court may decree money or lands given to charitable uses, oblige men to account with each other, &c. 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 proceedings in chancery are, first to file the bill of complaint, signed by some council, setting forth the fraud or injury done, or wrong sustained, and praying relief: after the bill is filed, process of subpoena issues to compel the defendant to appear; and when the defendant appears, he puts in his answer to the bill of complaint, if there be no cause for the plea to the jurisdiction of the court, in defiability of the person, or in bar, &c. Then the plaintiff brings his replication, unless he files exceptions against the answer as insufficient, referring it to a matter to report whether it be sufficient or not; to which report exceptions may also be made. The answer, replication, rejoinder, &c. being settled, and the parties come to issue, witnesses are to be examined upon interrogatories, either in court, or by commission in the country, wherein the parties usually join; and when the plaintiff and defendant have examined their witnesses, publication is to be made of the depositions, and the cause is to be set down for hearing, after which follows the decree. But it is now usual to appeal to the house of lords; which appeals are to be fought by two noted counsel, and exhibited by way of petition: the petition or appeal is lodged with the clerk of the house of lords, and read in the house, whereon the appellee is ordered to put in his answer, and a day fixed for hearing the cause; and after counsel heard, and evidence given on both sides, the lords will affirm or reverse the decree of the chancery, and finally determine the cause by a majority of votes, &c.