Equity

[Lat. cequitas; from (jsquus, equal, even, just; Gr. ^♦6*xe/a, qq. v.] In a general sense — ^natural right or justice, as addressed to the conscience, independently of any express or positive rule or law; otherwise termed natural or moral equity. In this large sense, equity belongs to the science of morals rather than of jurisprudence. See 1 Story's Eq. Jur. §§ 1, 2. In a stricter sense, — the application of the principles of natural right and reason in the actual administration of justice; either by supplying rules for cases not provided for by the positive law, by mitigating the rigor of the law itself, by a liberal and rational interpretation of its rules, or by adapting its remedies more exactly to the exigencies of particular cases.

Otherwise termed civil equity

This definition presents equity as a part or branch of jurisprudence, but expresses its ancient more fully than its modem meaning, being founded essentiallv on the definition of Aristotle— ^^ay^^oodiiua xov vofiov ^ iiUU^rc* diit lb xa Odlov, (the correction of the law, where it is defective by reason of its universality.) Arist. Eth. Nicom. lib. v. c.

10.

This is equity, as contradistinguished from strict or mere law, {strictum et summum jus,) and as it was recognized and applied in Roman jurisprudence; it being the province of the praetor, or equity judge, to assist, supply, interpret and moderate the law.

Dig. 1. 1. 7.

On nearly the same basis, a modem writer of authority has defined equity to be " a judicial interpretation of laws, which presupposing the legislature to have intended what is just and right, pursues and effectuates such intention."

1 Wooddes, Lect 114.

And Blackstone, in much fewer words, has explained equity to he "the sound interpretation of the law, and *'the method of mterpretmg laws by the reason of them."

1 Bl, Com, 61. 3 Id, 431.

And yet the same writer has clearly shown this to be an insufficient definition of equity as actually administered (distinct from law) in the courts.

Id, 429 — 137. 1 Story's Eq, Jur, §§ 7—20.