History of a Suit in Equity from Its Commencement to Its Final Termination

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Of the rise and progress of the equitable jurisdiction of the Court of Chancery,

This court imagined to have arisen from the Wittenagemote of the Saxon Government,

The Wittenagemote gave rise to the Aula Regis,
A similar court in other European nations, . [note] 26
The monarch at first presided in the Aula Regis in

person, and was succeeded by the Grand Justicier, 26 At the accession of William I, the Aula Regis became King's Court Baron,

This was a principal cause of the Chancellor's equitable jurisdiction,

This officer was the King's secretary, and the registrar of the decrees of the Aula Regis,

His authority was at first occasional, but afterward became permanent,

This officer, among the feudal nations, as the King's secretary, granted the charters for fiefs, which was a source of much power,

[note] 27

His authority, however, was only appellate, and not original, until Edward I,

His original jurisdiction much extended by an act in that King's reign, giving him power to frame new writs,

Bishop Waltham was not the inventor of the writ of subpena,

Ineffectual attempts of the Commons to curb the

growing power of Chancery,

The decisions of the court were for a long time de-
sultory and uncertain,

Its practice much improved by Lord Bacon,
Character of Sir Heneage Finch,

[note] 31, 32, 33

Eloquent and accurate account of the origin of
equitable jurisdiction, by Sir James Macin-
tosh,
Chancery interposed in early times, not from any de-
fect in the common law, but to protect the weak
from the strong,
Difficulty of accurately describing the jurisdiction
of Chancery,

[note] 33

A copious source of its present authority is to sup-
ply the defects of the common law,
An enumeration, by Lord Redesdale, of the various
grounds for the interposition of a Court of Chan-
cery,
Chancery compels a discovery of facts by the oath
of the defendant,

[note] 35

Matters of account, fraud, accident, mistake, and trust, are more particularly cognizable in equity, . Courts of Equity are considered extraordinary tribunals, and only to be resorted to where the ordinary tribunals give no relief,

In England, at this time, the Chancellor is assisted by a Master of the Rolls and three Vice-Chancellors, .

[note] 38

The Chancellor, since 1831, relieved from matters in bankruptcy, except on appeal,

[note] 39

The Federal Courts of the United States have equitable jurisdiction and closely conform to the Eng

In most of the States the same tribunal has a common law side and a chancery side,

[note] 39

CHAPTER I.

OF INSTITUTING A SUIT IN EQUITY.

A suit is commenced on the part of an individual by a bill; on behalf of government, by an information, 40 The simple form of an ancient bill given in note, 40 General description of ancient bills, [note] 40, 41 Any person not laboring under special disability, such as infancy, coverture, or lunacy, may sue in equity,

Husband should join with wife, unless she claims adversely to him; but if so, she may sue by next friend,

Next friend may sue for infant, but is responsible

Original bills, which bring any matter before the court for the first time, may ask relief, or may not, 42

The recent rules in England, and in the Supreme Court of the United States, have exemplified the form and structure of bills,

Convenient, in analysis, to retain the nine distinct parts,

1. The address of the bill. It is addressed to the Chancellor, and in the United States, to the court before which suit is brought, by its proper designation,

2. The introduction contains the name and abode of the plaintiff; and in the courts of the United States, an averment of the citizenship of both parties, plaintiffs and defendants,

3. The premises contain a narrative of the facts of the plaintiff's case,

4. The charge of confederacy. No good reason for In the Federal Courts of the Union it

its use.
may be omitted, .

5. The charging part states and avoids the supposed defense of the defendant, but it is not necessary, 45 6. The averment of jurisdiction seems equally nugatory with the clause of confederacy,

7. The interrogating part prays that the parties may answer to the best of their knowledge, informátion and belief,

In this part, all necessary specific interrogatories should be preferred,

Rules of the Supreme Court of the United States on interrogatories,

8. The prayer for relief may be special or general, 47 The rules of the Supreme Court of the United States direct the plaintiff to ask for special relief,

. 48

9. The prayer of process prays the writ of subpena, 48 It is presumed that in the United States, generally, the subpena issues of course,

All persons interested in the subject-matter should be made parties,

Exceptions to this rule,

The objection of a want of proper parties may be made at any time,

Bill is signed by counsel to prevent scandal,
A bill, which seeks to remove a cause from the cog-
nizance of a court of law, or which requires a
court of equity to act ex parte, must be supported
by affidavit,

A form in extenso of an original bill with all its parts, 51 The same bill framed in accordance with the rules of the Supreme Court of the United States, Various forms of the commencement of bills by particular parties,

59, 60

1. To restrain proceedings at law, and for an injunction,

Form of a writ of injunction,