§  1301.  Having  thus  gone  over  some  of  the  principal  heads
of  Trusts,  which  are  cognizable  in  Equity,  we  shall  now  pro-
ceed to  another  important  branch  of  Equity  Jurisdiction,  to
wit,  that  which  is  exercised  in  cases  of  penalties  and  for-
feitures, for  breaches  of  conditions  and  covenants.  Origi-
nally, in  all  cases  of  this  sort,  there  was  no  remedy  at  law  ;
but  the  only  relief  which  could  be  obtained,  was  exclusively
sought  in  Courts  of  Equity.  Now,  indeed,  by  the  operation
of  statutes  made  for  the  purpose,  relief  may  be  obtained  at  law,
both  in  England  and  America,  in  a  great  variety  of  cases,
although  some  cases,  not  within  the  purview  of  these  statutes,
are  still  cognizable  in  Equity  "alone.  The  originaL  jurisdiction,
however,  in  Equity,  still  remains,  notwithstanding  the  concur-
rent remedy  at  law ;  ^  and,  therefore,  it  properly  falls  under  the
present  head.
§  1802.  Before  entering  upon  the  examination  of  this
subject,  it  may  be  well  to  say  a  few  words  in  regard  to  the
nature  and  effect  of  conditions  at  the  Common  Law,  as  it  may
help  us  more  distinctly  to  understand  .the  nature  and  extent  of
Equity  Jurisdiction,  in  regard  to  conditions.  At  law,  (and  in
general  the  same  is  equally  true  in  Equity,)  if  a  man  under-
takes to  do  a  thing,  either  by  way  of  contract,  or  by  way  of
condition,  and  it  is  practicable  to  do  the  thing,  he  is  bound  to
perform  it,  or  he  must  suffer  the  ordinary  consequences  ;  that
is  to  say,  if  it  be  a  matter  of  contract,  he  will  be  liable  at  law

1  See  Ante,  §  63  a,  p.  80 ;  Seton  v.  Slade,  7  Ves.  274.
EQ.  JUK. — VOL.  II.  66


662  EQUITY    JURISPRUDENCE.  [cH,   XXXIV.
