chancery, who were too much attached to antient precedents, it is provided by ſtatute Weſtm. 2. 13 Edw. I. c. 24. that "whenſoever from thenceforth in one caſe a writ ſhall be found in the chancery, and in a like caſe falling under the ſame right and requiring like remedy no precedent of a writ can be produced, the clerks in chancery ſhall agree in forming a new one: and, if they cannot agree, it ſhall be adjourned to the next parliament, where a writ ſhall be framed by conſent of the learned in the law[1], leſt it happen for the future that the court of our lord the king be deficient in doing juſtice to the ſuitors." And this accounts for the very great variety of writs of treſpaſs on the caſe, to be met with in the regiſter, whereby the ſuitor had ready relief according to the exigency of his buſinefs, and adapted to the ſpecialty, reaſon, and equity of his very caſe[2]. Which proviſion (with a little accuracy in the clerks of the chancery, and a little liberality in the judges, by extending rather than narrowing the remedial effects of the writ) might have effectually anſwered all the purpoſes of a court of equity[3]; except that of obtaining a diſcovery by the oath of the defendant.
But when, about the end of the reign of king Edward III, ufes of land were introduced[4], and, though totally difcountenan- ced by the courts of common law, were confidered as fiduciary depofits and binding in confcience by the clergy, the feparate ju- rifdiction of the chancery as a court of equity began to be efta- bli(hed[5]; and John Waltham, who was bimop of Salifbury and chancellor to king Richard II, by a drained interpretation of the above-mentioned ftatute of Weftm. 2. devifed the writ of ſubpoena, returnable in the court of chancery only, to make the feoffee to ufes accountable to his ceſtuy que uſe: which procefs was afterwards
k A great variety of new precedents of " y foiiintement ufe come il eft are, Jt nous at- writs, in cafes before unprovided for, are " tendomus tieh aftioas far les cafes, et main- given by this very ftatute of Weftm. 2. " leinomtts le jurifdidion de ceo court, et d'au- 1 Lamb. Arcfeltm. 6 1 . " ter courts" (Yearb. 21 Ed-iv. //'. 23.) k This was the opinion of Faiifax, a very ' See book II. ch. 20. learned judge in the time of Edward the " Spebn. Glo/.o6. I Lev. 242. fourth, " Li fnl>poena (fays he) at Jtrreit my
