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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 exception are such, that unless the judge can inquire into all the circumstances affecting the conscience of the several parties, a perfectly equitable decision cannot be given. For this purpose the court of equity is empowered to examine all the litigant parties upon their oaths, and to make every one answer to the full, as to all the circumstances 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 introducing equitable distinctions and principles applicable 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 peculiar 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, together 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 feoffce to uses, answerable for the confidence reposed in him, and this writ is the commencement of a suit in equity, which has been chiefly modelled by Lord Ellesmere, the great Lord Bacon, and Sir Heneage Finch, in the time of Charles I. Lord Hardwicke followed, at some distance, after these great men, and by his decisions, together with those of his suc

cessors, has established a practical system of equity, which is as definite and well understood as the law itself; aud 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 chancery, as the care of infants, and appointing guardians to them, so of lunatics and charities, 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 circumstances into consideration, directs and enjoins a specific performance of it according to good conscience. So where it apprehends 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 work 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 mortgage, although the estate upon non-payment 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 history, a genus of mammalia of the order Belluæ. Generic character: upper fore-teeth parallel, 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.

E. caballus, or the common horse. The elegance, grace, and usefulness of the horse entitle him to particular attention, and certainly confer upon him a pre-eminence above all other quadrupeds. There are few parts of the world in which horses are not to be found; and in various parts of Africa they maintain their original independence, and range at pleasure in herds of several hundreds, having always one or more as an advanced guard, to alarm against approaching danger. These alarms are expressed by a sudden snorting, at which the main body gallop off with the most surprizing swiftness. In the south of Siberia also, and at the north-west of China, wild borses are to be found in considerable abundance; and it is stated, that different herds will carry on hostilities, and one party frequently surround an enemy inferior in number, and conduct them to the hostile territory, manœuvering perpetually to baffle all their attempts to escape. On each bank of the river Don, towards the Palus Mæotis, horses are found wild, but are supposed to be the descendants of domesticated horses, belonging to the Russian army occupied in the siege of Asoph, at the close of the seventeenth century. In America, likewise, horses are found wild in vast abundance, sweeping the extensive plains of Buenos Ayres, and the Brazils particularly, in immense herds. They are taken by the inhabitants by being entangled in a noosed cord, and are often destroyed merely for their hides, as an article of commerce. These American horses are the descendants of those which were introduced by the Spaniards on their discovery of America, as none having previously existed on that continent. They are, in general, small and clumsily formed, and their height rarely above fourteen hands. In the deserts of Arabia it has been stated by several writers, wild horses are extremely abundant, but Shaw and Sonnini, with greater probability, confine their appearance in that country to the borders of the desert, the latter not supplying materials for their subsistence. Mr. Bruce mentions the horses of Nubia as unequalled in beauty, and far superior to those of Arabia. Of the former little notice has been taken but from that observant traveller; of the latter the fame has long been distinguished, and the Arabian horse, celebrated for his beauty and swiftness, has been long exported to the most remote countries of Europe, to correct and improve the native breeds. In

Arabia almost every man possesses his horse, which lives in the same apartment or tent with his family, and is considered as constituting by no means the least important part of it. Harsh and violent applications, such as the whip or spur, are rarely inflicted on it. It is fed with the most regular attention, and cleaned with incessant assiduity. The Arab occasionally appears to carry on a conversational intercourse with his horse, and his external attachment to this animal excites in return a corresponding affection. The horse being purified under his management from every vicious propensity, and guarded against casual injury with the utmost solicitude, suffering the infant children to climb its legs without the slightest attempt to kick or shake them off. The Arabs never cross the breeds of horses, and preserve the genealogies of these animals for a considerable number of generations. The horses of Barbary are in high reputation, also, for speed and elegance, as are likewise those of Spain. In various parts of the East, as in India and in some parts of China, there exists a race of these animals, scarcely exceeding the height of a large mastiff, and with their diminutive size are generally connected not a little intractability and mischievousness. In no country of the globe has the breeding of the horse been attended to on more enlarged and philosophic principles than in Great Britain, and with such success have the efforts of the English on this subject been attended, that their horses are in the highest estimation throughout Europe, and in periods of national tranquillity constitute an important article of exportation. Their race-horse is not excelled in fleetness or beauty by the coursers of Barbary or Arabia, and in supporting a continuance of intense effort is far superior to them both. Details of the exploits of English racers form a subject of extreme interest to a particular description of readers, and cannot be considered by any admirers of nature as beneath attention. Out of innumerable instances which have been authenticated, we shall just mention, that Bay Malton, belonging to the Marquis of Rockingham, ran four miles on the York course in seven minutes and forty-four seconds. The celebrated Childers is supposed to have been the fleetest horse ever known in the world. He was opposed by all the most distinguished horses of his day, and what is, perhaps, unprecedented in such a variety of contests, in every instance

bore off the prize. He is stated to have run a mile in very little more than a minute, and his general progress on a four mile course was at the rate of eighty-two feet and a half in a second. Eclipse was almost equally swift with Childers, and was considerably stronger. His form was by no means considered as handsome, as indeed his dimensions deviated very considerably from those which were supposed to constitute the standard of perfect beauty in the horse; but on the most minute examination, his structure was found to be contrived with the most exquisite mechanism for speed. This horse died at the age of twenty-six years, which though unquestionably great, has been often considerably exceeded. Matchem, another celebrated racer, died at the age of thirty-two. For the race-horse see Mammalia, Plate XI. fig. 1.

The hunter is another distinct class of horses in England, where it is brought, by minute attention to breeding, to a high degree of excellence. With a considerable portion of the speed of the race-horse, it combines inexpressibly more strength; and the exertions which it often endures and survives in violent chases of several hours continuance, are a decided proof of its vigour and value.

The draught-horse constitutes another class of these most interesting animals, and is no where advanced to such size and power as in Great Britain. Yorkshire and Lincolnshire are the most celebrated counties for this breed, whence several have been brought to London which have each, for a short distance drawn, without difficulty, the weight of three tons, half of which is considered as the regular draught. A horse of this class was exhibited as a curiosity in London in the year 1805, no less than twenty hands in height. For the cart-horse see Mammalia, Plate XI. fig. 2.

The colour of the horse is generally considered as a matter of trifling consequence. A bright or shining bay appears in this country to obtain the preference. In China, what are called pie-bald horses, are in particular estimation. On occasions of particular state in England, eight horses of a cream colour draw the royal carriage. The ancients appear to have connected their ideas of pomp and dignity on similar occasions with the perfect white, in allusion to which the classics furnish an infinity of circumstances. Absolute whiteness in the horse is, in this country, in almost every in

stance, the effect of age, which expunges the dark spot of the original grey. The improvement of the horse has, within a few years, been an object of the attention of government, as well as of enlightened individuals; and establishments have been formed on a liberal scale for the promotion of veterinary science. In France the government has recently devoted considerable attention to this highly important subject; and, during the last year only (1807) a very considerable number of veterinary schools or colleges were instituted in the capital, and the principal cities of the departments.

E. asinus, the ass. A warm climate is favourable to this species (as also indeed to the horse), which is found in various parts of Africa in a state of nature, in which it is gregarious, and displays very considerable beauty, and even sprightliness. In the mountainous territories of Tartary, and in the south of India and Persia, asses occur in great abundance, and are said to be here either absolutely white, or of a pale grey. Their hair also is reported to be bright and silky. In Persia asses are extremely in use, and supply for different purposes two very different races, one heavy and slow, and the other slight, sprightly, and agile, which last is exclusively kept for the saddle. The practice is prevalent in that country of slitting the nostrils of these animals, by which it is imagined they breathe with greater freedom, and can consequently sustain greater exertion. The ass is stated to have been unknown in England before the reign of Elizabeth. It is now, however, completely naturalized, and its services to the poor, and consequently to the rich, are of distinguished, and almost indispensible importance. With respect to food, a little is sufficient for its wants, and the most coarse and neglected herbage supplies it with an acceptable repast. The plaintain is its most favourite herbage. In the choice of water it is, however, extremely fastidious, drinking only of that which is perfectly pure and clear. It is one of the most patient and persevering of animals, but in connection with these qualities, it possesses also great sluggishness, and often obstinacy. Owing to the extreme thickness of its skin, it possesses little sensibility to the application of the whip or the stings of insects, and the want of moisture, united to the above circumstance, precludes it more ef fectually than, perhaps, any other quadruped, from the annoyance of vermin. The

Plate XI.

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Equus caballus. Pace Horse Fig. 2. Cart Horse Fig.3.E.asinus: Mule. Fig. 4 E. zebra: Zebra.

London Published by Longman Hurst Rear & Orme duly 11808.

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