120 The Evolution of Law. 



cording to the merits of each case considered by itself, 

 rather than as one of a class of cases that fall nnder some 

 general rule : and particularly that a man's claim shall 

 depend for success upon application of principles of right 

 and justice, and not upon the chance of fitting his case 

 into some determined and arbitrary form of statement, 

 or of referring it to some precedent. 



The stock illustration of the operation of Equity given 

 in the text-books is this: Tlie Common Law would not 

 discharge a man from liability upon a bond which he had 

 signed and sealed, unless he could bring into Court as 

 evidence of discharge a release also under sign and seal of 

 the plaintiff. If the defendant oifered to prove that he 

 had in fact discharged himself from liability, by payment 

 of money or otherwise, he would not be permitted to intro- 

 duce his evidence. But when the Equity Courts began to 

 assume jurisdiction, they admitted the evidence, and, upon 

 proof of discharge, issued an injunction forbidding the 

 plaintiff to f urtlier prosecute his suit. This was sub poena : 

 that is, if the plaintiff persisted, he was summoned before 

 the Chancellor and fined or imprisoned for contenq^t of 

 Court. He could get no help from the Common law 

 Courts ; for the Chancellor stood next to the throne, was 

 the keeper of the King's conscience, and had all his influ- 

 ence and power to aid in enforcing his judgment. Again, 

 Common Law could not anticipate and prevent the doing 

 of a threatened wrong, but must wait until the act was 

 done, and then could give damages in money only. Equity 

 compelled the offender to come into court, and enjoined his 

 wrong-doing under penalty of fine and imprisonment. 

 Again, the old law gave to the husband absolute ownership 

 and control of the personal property owned before marriage 

 by the wife. Equity compelled liim to set aside in the 

 hands of trustees a part for her exclusive use. 



A brief sketch of the growth of Ecpiity in England 

 will further illustrate its character. During tlie reign of 

 "William the Conqueror and his immediate successors, the 

 King's Court, composed of the great lords, exercised juris- 

 diction in the most important civil and criminal cases, 

 leaving to the ohl popular County Courts a very limited 

 authority in local affairs. The King's Court finally broke 

 up into tliree distinct Courts, afterwards called Common 

 Law, to distinguish them from the Courts of Chancery. 



