THE ENGLISH LAW COURTS. IV. THE CHANCERY DIVISION. THE Chancer}- Division of the High bonds of the common law. The difficulties Court of Justice is the legitimate de against which it had to contend were very scendant of that hoary sinner, the old serious ones. The fixity of the principles Court of Chancery, whose misdeeds Dickens of the common law was bad enough; so graphically described in " Bleak House." but to this was added an inflexible, cum A sketch of the origin brous procedure, fail and history of this ure to comply with venerable tribunal is which, or to fall within whose purview, was a necessary prelude fatal to the most to an account of its righteous claim. The offspring, and a series of brief biographies evil, as we have hint ed, manifested itself of the leading expon in two forms. Every ents of equity juris species of civil wrong prudence in England. The common law was assumed to come within a few particu of England at a com paratively early stagelar classes, for each of in its history acquired which an appropriate the rigidity of a jus writ or breve existed. A litigant might se strictum. If the study of the civil law had lect the wrong breve; been as prevalent and or the injury of which as thorough in this he complained might country as it was in be one for which no France, Scotland and breve existed. In cith elsewhere, this defect er case he was liable SIR THOMAS MORE. would doubtless have to be left without re been avoided or alleviated, by the adoption dress. The former of these contingencies of the devices whereby the Roman law was ultimately met by the Common I^aw obviated the necessity for any distinction Procedure Act of 1852, under which it between common law and equity. Hut became unnecessary for a plaintiff to men unhappily the Roman law was under a tion any form of action in his writ of sum cloud in England just at the very time when mons. The latter was dealt with at a much the common law most needed its assistance. earlier stage in English history, and the The pretensions of the Hoi)- Roman See to statute dealing with it holds an impor exercise jurisdiction over the national church tant place in the development of English of England had made men intolerant of equity jurisprudence. The statute in ques every form of Roman influence. And ac tion, the in consimili casu — 13 Edward I, cordingly England's jurisprudence was left stat. 1, cap. 24, 11 — provided that " when to work out its own salvation from the soever from henceforth it shall fortune in the
