In cases where the bill is for discovery only, and in some others, the answer puts an end to the suit ; and when the object of the bill is to obtain an injunction, which is granted either upon affidavits before answer or in default of an answer, the suit is also ended, unless the defend ant desires to dissolve the injunction. But where a decree is necessary, the cause must come on to be heard either upon evidence taken in writing before the examiners of the court or commissioners appointed for the purpose [DEPOSITION ; EVIDENCE] j or where the plaintiff con siders the disclosures in the answer suffi cient, the cause is heard upon bill and answer alone, without further evidence, and this is at the plaintiff's discretion.
The cause is heard in its turn by the master of the rolls or the vice-chancellors, for the lord chancellor rarely hears causes in the first instance. [CziaNcEar.] If the nature of the suit admits, a final decree is made or if any further inquiry be neces sary, w any accounts are to be taken, re ferences are made to a master in Chan cery for those purposes.
The master, being attended by the parties or their agents, makes his report ; and the cause again comes on in its turn to be heard upon further directions (as it is called), when the like practice pre vails as at the hearing.
This is the form of the simplest suit in equity, and is sufficient to point out the successive steps necessary to be taken ; but generally suits are of a far more com plicated character.. Many special appli cations to the court may become neces sary at various stages before the cause is ready for hearing ; and when reference is made to the master, the inquiries to be prosecuted before him may be entangled in the greatest confusion ; and even when be has made his report, either party may except to it, and have his exceptions argued before the court. Also when the cause is heard on further directions, that is, further instructions given by the court to the master to whom the cause has been already referred, other references to the master may be found to be necessary, or may arise out of the circumstances stated in his report; the subject matter of the suit may be such as to prevent an imme diate and final decree ; a party may be entitled for life to the interest of money, and the persons to take after him may not be born or may be infants. In these and many other cases the court makes such decree as may be necessary, and re tains the suit, giving liberty to any parties interested to apply to the court for direc tions as may become necessary from time to time. It is impossible here to give an adequate notion of the various and com plicated operations performed by decrees, by which the interests and rights of all parties are settled, and the most embar rassed affairs are arranged. A very valuable collection of decrees has been published by Mr. Seton.
Those who wish for a more accurate knowledge of the proceedings in a suit in Chancery may consult Lord Redesdale's
.Theatise on Pleading; Beames On Pleas; and the various books on Chancery Prac tice.
The principal English treatises on Equity are those of Mr. Maddock and Mr. Fonblanque: the former treats of his subject under heads devoted to the seve ral subject matters cognizable in courts of equity ; the latter considers it with refer ence to the jurisdiction exercised by courts of law, as concurrent, assistant, exclusive. The American treatise of Mr. Justice Story unites these two modes.
The English Equity has some resem blance to the Roman Edictal Law, or Jns Prsetorium or Honorarium, as it is often called. All the higher Roman magis trates (magistratus majores) had the Jus Edicendi or authority to promulgate Edicta. These magistratus majores were Consuls, Praetors, Cantle Aediles, and Censors. By virtue of this power a Magis trate made Edicts or orders, either ten porary and for particular occasions (edicts repentina); or upon entering on his office he promulgated rules or orders, which he would observe in the exercise of his office (edicts perpetua). These Edicta were written on a white tab let (album) in black letters ; the headings or titles were in red: the Alba were placed in the Forum, in such a position that they could be read by a stander-by. Those Edicts which related to the admi nistration of justice had an important effect on the Roman law ; and especially the Praetoria Edicta and those of the Cu rule Aediles. That branch of law which was founded on the Praetorian Edicts was designated Jus Praetorium, or Honorari um, because the Praetor held one of these offices to which the term Honores was ap plied. The Edicts were only in force dur ing the term of office of the Magistratus who promulgated them ; but his successor adopted many or all of his predecessor's Edicta, and hence arose the expression of "transferred edicts" (tralaticia edicts); and thus in the later Republic the Edict& which had been long established began to exercise a great influence on the law, and particularly the forms of procedure. About the time of Cicero many distinguished jurists began to write treatises on the Edictum (libri ad edictum). Under the Emperors new Edicts were rarer, and in the third century of our sera they ceased. Under the Empire we first find the Edicts of the Praefectus Urbi mentioned; but these must be considered as founded on the Imperial authority (majestas prin cipis), and to have resembled the Impe rial Constitutions. Under the reign of Hadrian, a compilation was made by his authority of the Edictal rules by the distinguished jurist Salvias Julianus, in conjunction with Servius Cornelius, which is spoken of under the name of Edictum perpetnum. This Edictum was arranged under various heads or titles, such as those relating to Marriage, Tu tores, Legate (legacies), and so on.