It can hardly be denied that Trusts in the English law had a fraudulent origin. It was sought, by the intervention of a trustee, to evade the feudal law of tenures and the prohibitions of the statutes of Mortmain, and to place property where a creditor could not reach it. The practice became common; and as such trustee was not accountable at common law, the Chancellor, in the reign of Richard II., applied the writ of subpoena to call him before the Court of Chancery, where he might be compelled to do what equity and justice required. "A trust," said Sir Robert Atkins, (a) "had for its parents fraud and fear, and for its nurse a court of conscience. " The obvious utility of trusts has made them very common: but almost the whole jurisdiction over trustees has always remained in the Courts of Equity. (b) So far as they come under the supervision and control of the common law, trustees are treated in most respects as agents, and most of the principles and rules of law in relation to them have been anticipated and stated under that head.