When a case of prerogative was referred to the chancellor in the reign
of Edward III., he was required to grant such remedy as should be
consonant to honesty (_honestas_). And honesty, conscience and equity
were said to be the fundamental principles of the court. The early
chancellors were ecclesiastics, and under their influence not only moral
principles, where these were not regarded by the common law, but also
the equitable principles of the Roman law were introduced into English
jurisprudence. Between this point and the time when equity became
settled as a portion of the legal system, having fixed principles of its
own, various views of its nature seem to have prevailed. For a long time
it was thought that precedents could have no place in equity, inasmuch
as it professed in each case to do that which was just; and we find this
view maintained by common lawyers after it had been abandoned by the
professors of equity themselves. G. Spence, in his book on the
_Equitable Jurisdiction of the Court of Chancery_, quotes a case in
the reign of Charles II., in which chief justice Vaughan said:
"I wonder to hear of citing of precedents in matter of equity, for if
there be equity in a case, that equity is an universal truth, and
there can be no precedent in it; so that in any precedent that can be
produced, if it be the same with this case, the reason and equity is
the same in itself; and if the precedent be not the same case with
this it is not to be cited."
But the lord keeper Bridgeman answered:
"Certainly precedents are very necessary and useful to us, for in them
we may find the reasons of the equity to guide us, and besides the
authority of those who made them is much to be regarded. We shall
suppose they did it upon great consideration and weighing of the
matter, and it would be very strange and very ill if we should disturb
and set aside what has been the course for a long series of times and
ages."
Public-domain text, read in full here on John Shaqi.
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