Odger's English Common Law

58 THE SOURCES OF THE LAW OF ENGLAND.
the sole judge of a Court of Chancery and issued decrees
in equity without any consultation with the common law
judges.
The Court of Chancery was not started in the first instance
with any idea of interfering with the Courts of law in any
matter properly within their jurisdiction, or with any desire
to introduce rules of equity into the ordinary common law of
the land : it was originally intended merely to deal with those
cases which fell outside the jurisdiction of the Courts at
Westminster. But as civilisation advanced it was found
that the rigid rules of the common law often worked injustice.
Ancient custom had to yield to improved morality, and the
Lord Chancellor assumed authority to enforce what " good
conscience " required even in cases hitherto governed solely
by the common law. He granted injunctions to restrain
successful suitors from enforcing the judgments which they
had obtained in the Courts of common law, whenever he
deemed their conduct unconscientious. He exercised such
control not only in cases of trust, but in many instances of
fraud, accident and mutual mistake. In such cases equity
"
was said to vary " with the length of the Chancellor's foot ;
for he did what he thought right without regard to any
precedent. Indeed it was long before lawyers made a habit
of recording his decisions.
Subsequently, however, a respect for precedent grew up in
this Court as it had done in the Courts of common law ; and
there was gradually evolved a body of rules, which determined
in what cases the Court of Chancery would grant relief. Equity
thus became a source of law. Its principles were more and
more distinctly formulated under the Chancellorships of Lord
Nottingham, 1 of Lord Hardwicke, 2 and later of Lord Eldon. 3
A system of equity was thus established, which at length
became as rigid as the common law itself. Eventually by
1 Henege Finch, first Earl of Nottingham, born 1621 ; Lord Chancellor 1673
—1682 ; died 1682.
2 Philip Yorke, first Earl of Hardwicke, born 1690; Chief Justice of the King's
Bench 1733 ; Lord Chancellor 1737—1766 ; died 1764.
3 John Scott, first Earl of Eldon, born 1751 ; Chief Justice of the Common
Pleas 1799 ; Lord Chancellor 1801—1827 (except for- a break of some months in
1806-7) ; died 1838.