The question inevitably arises: Did the writ subpoena develop in the Court of Eyre, or in the Court of Chancery? There were writs of a somewhat similar nature to be found in both courts. Bills (writs of complaints) were the method by which a litigant could make his story known in the courts of 13th and 14th century England. Because novel fact patterns frequently emerged, there was a tendency to become creative in the writing of bills of complaint and writs. Against this novelty, was a strong reaction, wanting to keep the number of writs to a minimum. An example is seen from the time of Edward II of England: in 1310–1311 John Soke, a litigant appearing in person before the Common Bench, exclaimed in great frustration, "For God's sake, can I have a writ to attaint this fraud?" Judge Stanton replied, "Make your bill and you shall have what the court can allow."Year Book 4 Edward II, S.S. 21 This illustrates the great flexibility of the writing of writs to conform to the changing fact situations as they varied from case to case. At that time, a plaintiff who sued by bill was not liable to fail for defects in the form of a bill, provided the bill told an intelligible and consistent story.
