CHANCERY, 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 cancellando, 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; and the other extraordinary, being a court of equity.

1. The ordinary legal court holds pleas of recognizances acknowledged in the chancery, writs of scare 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, has been granted by this court, to discharge a person out of prison: one may also obtain here a habeas corpus prohibition, &c. in the vacation; and a subpaena 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; the lord chancellor delivers the record into the king’s bench to be tried there; and after trial had, it is remanded into the chancery, and there judgment is given; though if there be a demurrer in law, it must be argued in this court.

In this court is also kept the officina justitiae, 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 which his occasions may call for. Those writs relating to the business of the subject, and the returns of them, were, according to the simplicity of ancient times, originally kept in a hamper, in hanaperio ; and the other (relating to such matters as the crown was mediately or immediately concerned in) were preserved in a little sack or bag, in parva baga; and hence has arisen the distinction of the hanaper 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 or 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, mortgagers, and others, against penalties and forfeitures, where the intent was to pay the debt, are here remedied. This court also gives relief against the extremity of unreasonable engagements entered into without consideration; obliges creditors who are unreasonable [7:6:317]to compound with an unfortunate debtor; and makes executors, &c. give security and pay interest for money which is to lie long in their hands. This court may confirm title to lands, though one has lost his writings; and render conveyances which are defective through mistake or otherwise, good and perfect. In chancery, copy-holders may be relieved against the ill usage of their lords; inclosures of land which is common may 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.