THE 
MONTHLY MAGAZINE. 
Neo Series. 
Vou. VI.] SEPTEMBER, 1828. [ No. 33. 
COURT OF CHANCERY: 
No. II. 
Were we to take English equity, under its existing dispensation, as 
the beau idéal of all equity, we should mistrust the proof given by Mon- 
tesquieu of the barbarism of his fabled Troglodites, when he tells us they 
were “si méchans et si féroces qu'il n’y avoil parmi eux aucun principe 
d équité.” It is, however, necessary to discriminate between the principle 
of an equitable jurisdiction, and the processes by which it is administered ; 
and we confess we should consider no system of jurisprudence perfect 
which did not embody some “ principe d’équité.” ‘ The grand reason 
for the interference of a court of equity,” says the author of the Remi- 
niscences, “ is that the imperfection of a legal remedy, in consequence of 
the universality [and to this we may add the inefficiency ] of legislative 
even may be redressed.” Yet these are reasons which will last until 
egislators, instead of having to 
——_——_——- “ grope their dull way on 
By the dim twinkling gleams of ages gone,” 
shall have learned to behold all futurity as in a broad meridian sun- 
shine ; and have thus acquired the means of foreseeing every possible 
application of their own limited rules to an ever varying, ever compli- 
cating state of society. Bacon remarked, that “ the laws of most king~ 
doms and states had been like buildings of many pieces, patched up from 
time to time according to occasions, without frame or model ;’ and wé 
doubt whether patchwork legislation be not to some extent incidental to 
the condition of humanity. Undoubtedly as jurisprudence becomes, in 
the progress of civilization, understood as a science, the laws of a country 
may all be placed on “ the wide and rational foundation” of harmonizing 
principles. But let the foundation be extensive as knowledge can make 
it, we suspect the superstructure would, before long, be found too con- 
M.M. New Series—Vou. V1. No.33. 2G 
