Equity.

  1. EQuity in Law, is the same that the Spirit is in Religion, what every one pleases to make it, sometimes they go according to Conscience, sometimes according to Law, sometimes according to the Rule of Court.

  2. Equity is a Roguish Thing, for Law we have a Measure, know what to trust to, Equity is according to the Conscience of him that is Chancellor, and as that is larger or narrower, so is Equity. ’Tis all one as if they should make the Standard for the Measure, we call a Chancellor’s Foot, what an uncertain Measure would this be? One Chancellor has a long Foot, another a short Foot, a Third an indifferent Foot: ’Tis the same thing in the Chancellor’s Conscience.

  3. That saying, Do as you would be done to, is often misunderstood, for ’tis not thus meant, that I a private Man should do to you a private Man, as I would have you to me, but do, as we have agreed to do one to another by publick Agree∣ment. If the Prisoner should ask the Judge, whether he would be content to be hang’d, were he in his Case, he would answer no. Then says the Prisoner, do as you would be done to; neither of them must do as private Men, but the Judge must do by him as they have publickly agreed, that is both Judge and Prisoner have consented to a Law, that if either of them steal, they shall be hang’d.

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