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62
Of the Nature, &c.
Introd.
rules and fixed precepts of equity laid down, without deſtroying it’s very eſſence, and reducing it to a poſitive law. And, on the other hand, the liberty of conſidering all caſes in an equitable light muſt not be indulged too far, leſt thereby we deſtroy all law, and leave the deciſion of every queſtion entirely in the breaſt of the judge. And law, without equity, though hard and diſagreeable, is much more deſirable for the public good, than equity without law; which would make every judge a legiſlator, and introduce moſt infinite confuſion; as there would then be almoſt as many different rules of action laid down in our courts, as there are differences of capacity and ſentiment in the human mind.
