CIIANCERY, the grand court of equi ty and conscience, instituted to moderate rigour of the other courts that are bound to the strict letter of the Ian-.
In Chancery are two courts; one ordi nary, being a court of common law ; the other extraordMary, being a court of equi ty. The ordinary or common law court is a court of record. Its jurisdiction is to hold plea upon a scire facias, to repeal and cancel the King's letters patent, when made against law, or upon untrue suggestions; and to hold plea on all per sonal actions, where any officer of this court is a party; and of executions on statutes, or of recognizances in nature of statutes ; and by several acts of Parlia ment, of divers other offences and causes; but this court cannot try a cause by a jury, but the record is to be delivered by the Lord Chancellor into the King's Bench, to be tried there, and judgment given thereon. And when judgment is given in this common law part of Chance ry upon demurrer, or the like, a writ of error is returnable into the King's Bench; but this bath not been practisedfor many years. From this court also proceed all original writs, commissions of charitable uses, bankrupts, sewers, idiots, lunatics, and the like : and for these ends this court is always open.
The extraordinary court is a court of equity, and proceeds by the rules of equi ty and good conscience. This equity con sists in abating the rigour of the common law, and giving a remedy in cases where no provision, or not sufficient provision, had been made by the ordinary course of law. The jurisdiction of this court is of
vast extent. Almost all causes of weight and moment, first or last, have their deter mination here. In this court relief is given in the case of infants, married women, and others not capable of acting for them X 3 X 4. And by this method of pro ceeding it may be made evident, that 5 things admit of 120 several variations or changes, and 6 things of 720.
Thus, if it be required, in how many different ways seven persons may be placed at table, the answer is 1 X 2 X 3 X 4 X 5 x 6 x7= 5040. The follow ing table will shew the several variations and changes of any number of things up to 12.
selves. All frauds, for which there is no remedy at law, are cognizable here ; as also all breaches of trust, and unreasona ble or unconscionable engagements. It will compel men to perform their agree ments; will remove mortgageors and obli gors against penalties and forfeiture, on payment of principal, interest, and costs ; will rectify mistakes in conveyances ; will grant injunctions to stay waste ; and re strain the proceedings of inferior courts, that they exceed not their authority and jurisdiction. This court will not retain a suit for any thing under 10/. value ; ex cept in cases of charity, nor for lands un der 40s. per annum.