* 104. He who comes into equity must come with clean hands.
An infant, although not generally liable on his contracts, cannot make use of his own fraudulent acts as a means whereby to benefit himself.
* 105. He who seeks equity must do equity.
It is in pursuance of this maxim that the right of the wife’s equity to a settlement is enforced. (Snell’s Eq. 16th ed. p. 13.)
106. Hoc quidem perquam durum est, sed ita lex scripta est. This indeed is hard, but it is the written law.
Although, in some cases, equity mitigated the rigours of the law, yet in others it was quite incapable of so doing; as, for example, many of the old laws of inheritance were certainly hard and unjust, yet equity gave no relief, the legislature having to intervene with the Act 3 & 4 Will. IV. c. 106.
107. Ibi esse poenam ubi et noxa est. The punishment should be in the same place as the guilt.
This is so according to the dictates of common sense and fairness.
* 108. Id certum est quod certum reddi potest. That is certain which can be reduced to a certainty.
This maxim is alike a rule of logic as of law. Customs must not be optional, but compulsory, reasonable, definite, &c.