EQU 
mode of trial by jury, is so strict in the 
evidence which it requires, that a strict 
legal decision, alone can justly be founded 
upon it. There are, however, many cases 
in which there are particular circumstances 
between the different parties peculiar to 
their case, which give rise to exceptions and 
equitable decisions wholly different from 
the general rule. These cases of excep- 
tion are such, that unless the judge can in- 
quire into all the circumstances affecting 
the conscience of the several parties, a per- 
fectly equitable decision cannot be given. 
For this purpose the court of equity is em- 
powered to examine all the litigant parties 
upon their oaths, and to make every one 
answer to the full, as to all the circum- 
stances affecting the case, which is not 
done in a court of law, where no person 
can be a witness in his own cause. 
In equity, however, the plaintiff by filing 
his bill, waves the objection, and submits to 
take the answer of each defendant, though 
he cannot be admitted to give evidence 
himself. This is the process by what is 
called English bill in equity, and the form 
of proceeding, though somewhat tardy, 
gives the parties the fullest opportunity of 
obtaining a final decision according to good 
conscience. It is this difference in the 
proceeding, which has rendered the best 
judges in courts of law, averse to introduc- 
ing equitable distinctions and principles ap- 
plicable to courts of equity in courts of 
law, because they have not the same means 
of informing their consciences upon all the 
circumstances necessary, to induce them 
to alter the strict law' according to the pe- 
culiar facts, or conscientious circumstances 
of the case. Formerly, it is supposed, the 
King, upon petition, referred the case upon 
a harsh decision at law to a committee, to- 
gether with the Chancellor; but in the 
.time of Edward III. when uses, or trusts 
of lands, which were discountenanced at 
common law, were considered as binding 
in conscience by the clergy, John Waltham, 
Chancellor to Richard II. introduced the 
writ of subpoena, returnable in the Court of 
Chancery only, to make the tenant, or 
feoffee to uses, answerable for the confi- 
dence reposed in him, and this writ is the 
commencement of a suit in equity, which 
has been chiefly modelled by Lord Elles- 
mere, the great Lord Bacon, and Sir Hen- 
eage Finch, in the time of Charles I. 
Lord Hardvvicke followed, at some dis- 
tance, after these great men, .and by his 
decisions, together with those of his suc- 
EQU 
cessors, has established a practical system 
of equity, which is as definite and well un- 
derstood as the law itself ; and taking into 
consideration the leading circumstances 
above mentioned, is nothing more than the 
law administered according to the justice 
of the case. There are some cases which 
belong more peculiarly to a court of chan- 
cery, as the care of infants, and appointing 
guardians to them, so of lunatics and cha- 
rities, in which the Chancellor acts for the 
King as keeper of his conscience. In other 
cases, as in cases of trust, matters of fraud, 
account, suits for a discovery, matters of 
accident, and the like, courts of equity act, 
in aid of the courts of law, and give relief, 
where, from the nature of the case, a court 
of law cannot relieve. Thus, where an 
agreement is to be performed, courts of 
law can only give damages for the breach, 
but a court of equity, taking all the circum- 
stances into consideration, directs anil en- 
joins a specific performance of it according 
to good conscience. So where it appre- 
hends an injury likely to be done, it will 
interfere to prevent it. 
We have thought this explanation of the 
general principles, which distinguish courts 
of law and equity, better suited to a w ork 
like the present, than an attempt to abridge 
any more particular account of the practice 
and principles of courts of equity, which 
will be found to proceed upon the ordinary 
rules of good conscience, as far as they can 
be reduced to practice. An appeal lies 
from the Chancellor to the House of Lords. 
The Court of Exchequer has a court of 
equity, and so have most courts of peculiar 
jurisdiction. 
Equity of redemption. Upon a mort- 
gage, although the estate upon non-pay- 
ment of the money becomes vested in the 
mortagee, yet equity considers it only a 
pledge for the money, and gives the party 
a right to redeem, which is called his equity 
of redemption. If the mortgagee is desirous 
to bar the equity of redemption, he may 
oblige the mortgager either to pay the 
money, or be foreclosed of his equity, 
which is done by proceedings in the Court 
of Chancery by bill of foreclosure. 
EQUUS, the horse, in natural histoiy, a 
genus of mammalia of the order Belluae. 
Generic character : upper fore-teeth pa- 
rallel, and six in number ; in the lower jaw 
six, rather more projecting ; tusks on each 
side, in both jaws, remote from the rest ; 
feet with undivided hoofs. There are six 
species, and very many varieties. 
