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Though many of Nature's dealings with man appear to be unjust, by far the larger proportion of them are graduated according to what seems, even to us, a standard of strict equity. As Matthew Arnold puts it, there is a power in Nature "which makes for righteousness."
"I know very well that there are many persons, who, finding themselves quite at their ease, and far away from the hard blows that are passing, are pleased to exhibit their wisdom by sitting in judgment upon others, founding their decision only upon the results. But I demand to be judged by equity and reason, when passion has been set aside.
On the 26th of May, 1569, the Emperor addressed a final reply to Philip, in which he expressly approved the King's justification of his conduct. It was founded, he thought, in reason and equity. Nevertheless, it could hardly be shown, as it was, to the princes and electors, and he had therefore modified many points which he thought might prove offensive.
Led by their theory of Natural Law, the jurisconsults had evidently at this time assumed the equality of the sexes as a principle of their code of equity. The restrictions which they attacked were, it is to be observed, restrictions on the disposition of property, for which the assent of the woman's guardians was still formally required. Control of her person was apparently quite obsolete.
The vacation by judicial decrees of fraudulent certificates of naturalization, upon bills in equity filed by the Attorney-General in the circuit court of the United States, is a new application of a familiar equity jurisdiction.
The improvidence of the poor had alone urged revolutionary multitudes to the conquest of truth, justice, and happiness. And with each succeeding day the human torrent would require more kindliness, more equity, the logical division of wealth by just laws regulating universal labor.
Calvin replies, That all his dealings with us “are guided by equity.” We know, indeed, that all his ways are guided by the most absolute and perfect justice; and this is the very circumstance which creates the difficulty. The more clearly we perceive, and the more vividly we realize, the perfection of the divine equity, the more heavily does the difficulty press upon our minds.
In society it produces courtesy of manners; in business, under the form of truth, it establishes public credit. Again, as equity, it smooths the harsh features of the law. In war it produces that moderation and good faith between contending armies which are the surest basis of a lasting peace.
Then if said committee be satisfied that the opposing party has been timely notified, shall then proceed to investigate and try the case in dispute, receive evidence, and give their decision according to justice and equity, which decision shall be final: Provided, always, That either party considering injustice has been done, shall have a right to appeal to the Grand Committee, together with the President, who shall investigate the same, and shall give their decision in writing, from which there shall be no appeal.
In those cases, and in what is known as equity, there are no jury, but a judge may always ask for a jury if he wishes one to determine the facts. A jury is supposed to be advantageous to the defendant in a criminal action and to the plaintiff in a civil action. "One judge is better than twelve," says the advocate of the non-jury system.
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