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mode of trial by jury, is so strict in the cessors, has establislied a practical system evidence which it requires, that a strict of equity, which is as definite and well unlegal decision, alone can justly be founded derstood as the law itself; aud taking into upon it. There are, however, many cases consideration the leading circumstances in which there are particular circumstances above mentioned, is nothing more than the between the different parties peculiar to law administered according to the justice their case, which give rise to exceptions and of the case. There are some cases which equitable decisions wholly different from belong more peculiarly to a court of chanthe general rule. These cases of excep- cery, as the care of infants, and appointing tion are such, that unless the judge can in- guardians to them, so of lunatics and chaquire into all the circumstances affecting rities, in which the Chancellor acts for the the conscience of the several parties, a per- King as keeper of his conscience. In other fectly equitable decision cannot be given. cases, as in cases of trust, matters of fraud, For this purpose the court of equity is em- account, suits for a discovery, matters of powered to examine all the litigant parties accident, and the like, courts of equity act, upon their oaths, and to make every one in aid of the conrts of law, and give relief, answer to the full, as to all the circum- where, from the nature of the case, a court stances affecting the case, which is not of law cannot relieve. Thus, where an done in a court of law, where no person agreement is to be performed, courts of can be a witness in his own cause.
law can only give damages for the breach, In equity, however, the plaintiff by filing but a court of equity, taking all the circumhis bill, waves the objection, and submits to stances into consideration, directs and entake the answer of each defendant, though joins a specific performance of it according he cannot be admitted to give evidence to good conscience. So where it apprehimself. This is the process by what is hends an injury likely to be done, it will called English bill in equity, and the form interfere to prevent it. of proceeding, though sounewhat tardy, We have thought this explanation of the gives the parties the fullest opportunity of general principles, which distinguish courts obtaining a final decision according to good of law and equity, better suited to a work conscience. It is this difference in the like the present, than an attempt to abridge proceeding, which has rendered the best any more particular account of the practice judges in courts of law, averse to introduc- and principles of courts of equity, which ing equitable distinctions and principles ap- will be found to proceed upon the ordinary plicable to courts of equity in courts of rules of good conscience, as far as they can law, because they have not the same means
be reduced to practice. An appeal lies of informing their consciences upon all the from the Chancellor to the House of Lords. circumstances necessary, to induce them The Court of Exchequer has a court of to alter the strict law according to the pe equity, and so have most courts of peculiar culiar facts, or conscientious circumstances jurisdiction. of the case. Formerly, it is supposed, the EQUITY of redemption. Upon a mort. King, upon petition, referred the case opon gage, although the estate upon non-paya barsh decision at law to a committee, to- ment of the money becomes vested in the gether with the Chancellor; but in the mortagee, yet equity considers it only a time of Edward III. when uses, or trusts pledge for the money, and gives the party of lands, which were discountenanced at a right to redeem, which is called his equity common law, were considered as binding of redemption. If the mortgagee is desirous in conscience by the clergy, John Waltham, to bar the equity of redemption, he may Chancellor to Richard II, introduced the oblige the mortgager either to pay the writ of subpæna, returnable in the Court of money, or be foreclosed of his equity, Chancery only, to make the tenant, or which is done by proceedings in the Court feofice to uses, answerable for the confi- of Chancery by bill of foreclosure. dence reposed in him, and this writ is the EQUUS, the horse, in natural history, a commencement of a suit iu equity, which genus of mammalia of the order Belluæ. has been chiefly modelled by Lord Elles- Generic character : upper fore-teeth pamere, the great Lord Bacon, and Sir Hen- rallel, and six in number ; in the lower jaw eage Finch, in the time of Charles I. six, rather more projecting ; tusks on each Lord Hardwicke followed, at some dis- side, in both jaws, remote from the rest; tance, after these great men, and by his feet with undivided hoofs. There are six decisions, together with those of bis suc. species, and very many varieties.
E. caballus, or the common horse. The Arabia almost every man possesses his elegance, grace, and usefulness of the horse horse, which lives in the same apartment or entitle him to particular attention, and cer- tent with his family, and is considered as tainly confer upon him a pre-eminence constituting by no means the least imabove all other quadrupeds. There are portant part of it. Harsh and violent apfew parts of the world in which horses are plications, such as the whip or spur, are not to be found ; and in various parts of rarely inflicted on it. It is fed with the Africa they maintain their original inde- most regular attention, and cleaned with pendence, and range at pleasure in herds of incessant assiduity. The Arab occasionally several hundreds, having always one or appears to carry on a conversational intermore as an advanced guard, to alarm against course with his horse, and his external atapproaching danger. These alarms are ex- tachment to this animal excites in return a pressed by a sudden snorting, at which the corresponding affection. The horse being main body gallop off with the most sur- purified under his management from every prizing swiftness. In the south of Siberia vicious propensity, and guarded against caalso, and at the north-west of China, wild sual injury with the utmost solicitude, sufbørses are to be found in considerable fering the infant children to climb its legs abundance ; and it is stated, that different without the slightest attempt to kick or herds will carry on hostilities, and one party
shake them off. The Arabs never cross the frequently surround an enemy inferior in breeds of horses, and preserve the genealonumber, and conduct them to the hostile gies of these animals for a considerable territory, manænvering perpetually to baffle number of generations. The horses of all their attempts to escape.
On each Barbary are in high repntation, also, for bank of the river Don, towards the Palus speed and elegance, as are likewise those of Mæotis, borses are found wild, but are Spain. In various parts of the East, as in supposed to be the descendants of domesti. India and in some parts of China, there cated horses, belonging to the Russian army exists a race of these animals, scarcely exoccupied in the siege of Asoph, at the close ceeding the height of a large mastiff, and of the seventeenth century. In America, with their diminutive size are generally conlikewise, horses are found wild in vast nected not a little intractability and misabundance, sweeping the extensive plains chievousness. In no country of the globe of Buenos Ayres, and the Brazils particu- has the breeding of the horse been atkariy, in immense herds. They are taken tended to on more enlarged and philosoby the inhabitants by being entangled in a pbic principles than in Great Britain, and noosed cord, and are often destroyed merely with such success have the efforts of the for their hides, as an article of commerce. English on this subject been attended, that These American horses are the descendants their horses are in the highest estimation of those which were introduced by the throughout Europe, and in periods of naSpaniards on their discovery of America, tional tranquillity constitute an important as none having previously existed on that article of exportation. Their race-horse is continent. They are, in general, small and not excelled in fleetness or beauty by the clumsily formed, and their ht rarely
coursers of Barbary or Arabia, and in supabove fourteen hands. In the deserts of porting a continuance of intense effort is Arabia it has been stated by several writers, far superior to them both. Details of the wild horses are extremely abundant, but exploits of English racers form a subject of Shaw and Sonnini, with greater probabi- extreme interest to a particular description lity, confine their appearance in that coun- of readers, and cannot be considered by try to the borders of the desert, the latter any admirers of nature as beneath attention. not supplying materials for their subsis- Out of innumerable instances which have tence. Mr. Bruce mentions the horses of been authenticated, we shall just mention, Nubia as unequalled in beauty, and far su- that Bay Malton, belonging to the Marquis perior to those of Arabia. Of the former of Rockingham, ran four miles on the York little notice has been taken but from that course in seven minutes and forty-four seobservant traveller; of the latter the fame conds. The celebrated Childers is suphas long been distinguished, and the Ara- posed to have been the fieetest horse ever bian horse, celebrated for his beauty and known in the world. He was opposed by swiftness, has been long exported to the all the most distinguished horses of his day, most remote conntries of Europe, to cor- and what is, perhaps, unprecedented in rect and improve the native breeds. In such a variety of contests, in every instance bore off the prize. He is stated to have stance, the effect of age, which expunges run a mile in very little more than a minute, the dark spot of the original grey. The and his general progress on a four mile improvement of the horse has, within a few course was at the rate of eighty-two feet and years, been an object of the attention of goa half in a second. Eclipse was almost vernment, as well as of enlightened indiviequally swift with Childers, and was consi- duals; and establishments have been formed derably stronger. His form was by no on a liberal scale for the promotion of vetemeans considered as bandsome, as indeed rinary science. In France the government his dimensions deviated very considerably has recently devoted considerable attention from those which were supposed to consti- to this bighly important subject ; and, tate the standard of perfect beauty in the during the last year only (1807) a very conhorse ; but on the most minute examination, siderable number of veterinary schools or his structure was found to be contrived colleges were instituted in the capital, and with the most exquisite mechanism for the principal cities of the departments. speed. This horse died at the age of E. asinus, the ass. A warın climate is twenty-six years, which though unques. favourable to this species (as also indeed tionably great, has been often considerably to the horse), which is found in various exceeded. Matchem, another celebrated parts of Africa in a state of nature, in which racer, died at the age of thirty-two. For it is gregarious, and displays very considerthe race-horse see Mammalia, Plate XI. able beauty, and even sprightliness. In the fig. 1.
mountainous territories of Tartary, and in The hunter is another distinct class of the south of India and Persia, asses occur horses in England, where it is brought, by iu great abundance, and are said to be minute attention to breeding, to a high de- here either absolutely white, or of a pale gree of excellence. With a considerable grey. Their hair also is reported to be portion of the speed of the race-horse, it bright and silky. In Persia asses are ex. combines inexpressibly more strength; and tremely in use, and supply for different the exertions which it often endures and purposes two very different races, one survives in violent cliases of several hours heavy and slow, and the other slight, continuance, are a decided proof of its sprightly, and agile, which last is exclu- vigour and value.
sively kept for the saddle. The practice is The draught-lorse constitutes another prevalent in that country of slitting the class of these most interesting animals, and nostrils of these animals, by which it is imais no where advanced to such size and power gined they breathe with greater freedom, as in Great Britain. Yorkshire and Lincoln- and can consequently sustain greater exershire are the most celebrated counties for tion. The ass is stated to have been unthis breed, whence several have been brought known in England before the reign of Elito London which have each, for a short dis- zabeth. It is now, however, completely tance drawn, without difficulty, the weight naturalized, and its services to the poor, of three tons, half of which is considered as and consequently to the rich, are of disthe regular draught. A horse of this class tinguished, and almost indispensible im. was exhibited as a cnriosity in London in portance. With respect to food, a little is the year 1805, no less than twenty hands in sufficient for its wants, and the most coarse height. For the cart-horse see Mammalia, and neglected herbage supplies it with an Plate XI. fig. 2.
acceptable repast. The plaintain is its The colour of the horse is generally con- most favourite herbage. In the choice of sidered as a matter of trifling consequence. water it is, however, extremely fastidious, A bright or shining bay appears in this drinking only of that which is perfectly country to obtain the preference. In pure and clear. It is one of the most paChina, what are called pie-bald horses, are in tient and persevering of animals, but in particular estimation. On occasions of connection with these qualities, it possesses particular state in England, eight horses ofa also great sluggishness, and often obstinacy. cream colour draw the royal carriage. The Owing to the extreme thickness of its skin, ancients appear to have connected their it possesses little sensibility to the applicaideas of pomp and dignity on similar occa- tion of the winip or the stings of insects, sions with the perfect wbite, in allesion to and the want of moisture, united to the which the classics furnish an infinity of cir- above circonstance, precludes it more ef. cumstances. Absolute whiteness in the fectually than, perliaps, any other quadruhorse is, in this country, in almost every iu- ped, from the annoyance of vermin. The
Tīgu. Equus cabaltus. Pra llorae liq.2. (vt llorse - Flo.3.E.uusimus : Jhile .