Equity
Equity is a “body of rules existing by the side of the original civil law, founded on distinct principles, and claiming incidentally to supersede the civil law in virtue of a superior sanctity inherent in those principles.”[1]
First, “equity” is not law in itself, but it only exists “by the side of” the law, and the civil law, at that. “‘Civil Law,’ ‘Roman Law’ and ‘Roman Civil Law’ are convertible phrases, meaning the same system of jurisprudence.”[2] Second, it should be noted that it only claims to supersede the civil law.
“Law, as distinguished from equity, denotes the doctrine and the procedure of the common law of England and America, from which equity is a departure.” [3]
"If we search out the origins of Roman Law, we must study Babylon..." [4]
Efforts to bring in Commercial Law, Equity and the Roman Civil law were here from the beginning. It is now Roman Law that dominates the legal system and the courts in America. In Black’s law dictionary, found in every law office of the democracy, there is hardly a page that does not make reference to its Latin origins of legal principles and precepts.
The word legal itself is defined in Black’s 3rd Law Dictionary as:
1. Conforming to law; according to law; required or permitted by law…
2. Proper or sufficient to be recognized by law; cognizable in the courts…
3. Cognizable in courts of law, as distinguished from courts of equity; construed or governed by the rules and principles of law…
4. Posited [assumed] by courts as the inference or imputation of the law, as a matter of construction, rather than established by actual proof.
5. Created by law.
Legal systems may “conform to law”, they may be “permitted by law”, they may even be created by law, but they are not law in themselves. They may become law by consent and constructions of law. What is legal is “cognizable in courts of law; as distinguished from courts of equity” which are not “governed by rules of law”.
It should be clear that any legal system is subject to the prior and essential principles of law. Law that is basic, fundamental, and well-established over thousands of years of recorded history. It must be understood that it is consent that makes what is only legally proclaimed to be lawfully established. Also, it should be apparent that binding oneself to a legal system that is constantly under the process of change is at least dangerous, if not inevitably disastrous.
“And if the question relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact.” Thomas Jefferson: Notes on Va., 1782. Q.XIV
“The jurisdiction of equity court, gradually developed by the chancellor, was limited only by the chancellor himself. There were two important limitations, both adopted to avoid any clash with the common-law courts. One was that equity would not interfere where there was an adequate remedy at common law; the other was that equity would act merely against the person of the common law plaintiff or defendant and therefore affect the legal right only in that indirect fashion.” Clark’s Summary of American Law. Equity, p 233.
Equity’s courts administered the king’s justice in the king’s dominion over the person.
“So friendly is equity to the charitable trust that it will stretch its powers to the limit to sustain and carry out a charitable trust. The theory upon which this is done is known as the cy pres doctrine, the words meaning, roughly translated, ‘as nearly as possible.’” Wills and Trusts, Blackstone School of Law
But we also know “Nothing is more unjust than to extend equity too far” Nihil iniquius quam æquitatem nimis intendere.
Equity is a persona jurisdiction.
One of the first acts of the Congress created by the United States Constitution was to establish a federal court system in the Judiciary Act of 1789. This is an architectonic act still in force. In Sec. 16., it states, “That suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate and complete remedy may be had at law.”
But, in the case of a legal title where the equitable interest is in question, there cannot be complete or plain remedy at law. This includes a common law remedy which is addressed in Section 9. “An be it further enacted, That the district courts shall have,... cognizance of all crimes and offences ... in all cases, the right of a common law remedy, where the common law is competent to give it;” Again, the common law is not competent to handle such equitable relationships.
Trust is “something committed to a person’s care for use or management and for which an account must be rendered. Every man’s talents and advantages are a trust committed to him by his Maker, and for the use or employment of which he is accountable.” Webster 1928 Dictionary.
“A person is a man considered with reference to a certain status.” Persona est homo cum statu quandom cosideratus. Heinecc. Elem.1.1,tit.3,§75.
- “I have given them thy word; and the world hath hated them, because they are not of the world, even as I am not of the world. I pray not that thou shouldest take them out of the world, but that thou shouldest keep them from the evil. They are not of the world, even as I am not of the world.”
- “Sanctify them through thy truth: thy word is truth. As thou hast sent me into the world, even so have I also sent them into the world. And for their sakes I sanctify myself, that they also might be sanctified through the truth.” (John 17:14, 19)
The word “world” here is kosmos[5], meaning a “harmonious arrangement or constitution, order, government,” as opposed to koumene,[6] also used in the New Testament and meaning “the inhabited earth”. The word “evil”[7] here is from the word poneros, meaning “full of labours, annoyances, hardships… pressed and harassed by labours,” as opposed to kakos,[8] meaning “evil, of a bad nature.” Poneros is from a primary peno (to toil for daily subsistence.) [9] Sanctify[10] is from hagiazo, meaning “to separate from profane things”. God created the earth and put man in the world because He saw it was good. Man has made a new world order and adorned it and organized it by the works of his own hand, governing himself and his brother. Jesus wants us in the world, living in his kingdom, serving God. He wants us to labor in the world, but separate from the oppressive labors of the world- ordered system, both new and old.
“RECONVERSION, noun change, change over, demilitarization, disarmament, palingenesis, passage, readjustment, rebirth, reintegration, re-establishment, regeneration, regenesis, rehabilitation, renaissance, reorganization, restoration, retrogression, retroversion, return, reversal, reversion, transformation, transit, transition.”[11]
“Participation in a system of charitable uses under the Law of Charitable Uses and the Status of Wills, Among others, is voluntary. Once participation is discontinued for various reasons such as ‘breach of trust,’ and ‘lack of confidence,’ the non participant, so separated from use, may assert rights to be restored to his prior, original status and condition.” [12]
“Brethren, if any of you do err from the truth, and one convert him; Let him know, that he which converteth the sinner from the error of his way shall save a soul from death, and shall hide a multitude of sins.” (James 5:19,20)
Mankind has been converted, the sanctity of the family, an institution of God, has been deposed and the heads of the family have been cut off through cunning contracts and covetous practices through ignorance, neglect and sloth. We have been warned through out history but have failed to assume the responsibility of learning from that history.
“The central bank is an institution of the most deadly hostility existing against the Principles and form of our Constitution. I am an Enemy to all banks discounting bills or notes for anything but Coin. If the American People allow private banks to Take not from the mouth of labor control the issuance of their currency, first by inflation and then by deflation, the banks and corporations that will grow up around them will deprive the People of all their Property until their Children will wake up homeless on the continent their Fathers conquered.” Thomas Jefferson
He shall be reconverted who Trusts in the LORD.
What is the process of that reconversion?
Seek first the Kingdom of Heaven.
So, when the term “common law” is used, there is the common law of the individual freeman and the common law of the legislature. The courts of equity were used to fulfill a need for remedies, but, for which the common law, by tradition and custom, did not provide, such as acts outside the realm of its reasoning jurisdiction, as in the case of “trusts and uses.”
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Footnotes
- ↑ Maine, Anc. Law, 27.
- ↑ Black’s Law Dictionary 3rdp 332
- ↑ Bouvier’s Law Dictionary.
- ↑ Sir Frederic Pollack and Frederic William Maitland, The History of the English Law Before the Time of Edward I, page 561, Cambridge Univ. Press 1968.
- ↑ Strong’s No. 2889 kosmos {kos’-mos} probably from the base of 2865; n m AV - world (186) - adorning (1) [187] 1) an apt and harmonious arrangement or constitution, order, government.... Copyright © 1991, Woodside B. F.
- ↑ Strong’s No. 3625 oikoumene {oy-kou-men’-ay} feminine participle present passive of 3611 (as noun, by implication of 1093); n f VAV - world (14) - earth (1) [15] 1) the inhabited earth… 2) the universe, the world..W. B. F.
- ↑ Strong’s No. 4190 poneros {pon-ay-ros’} from a derivative of 4192; adj AV - evil (51) - wicked (10) - wicked one (6) - evil things (2) - misc (7) [76] 1) full of labours, annoyances, hardships 1a) pressed and harassed by labours 1b) bringing toils, annoyances, perils; of a time full of peril to Christian faith and steadfastness; causing pain and trouble 2) bad, of a bad nature or condition 2a) in a physical sense: diseased or blind 2b) in an ethical sense, evil wicked, bad.
- ↑ Strong’s No. 2556 kakos {kak-os’} apparently a primary word; adj AV - evil (40) - evil things (3) - harm (2) - that which is evil + 3458 (2) - wicked (1) - ill (1) - bad (1) - noisome (1) [51] 1) of a bad nature; not such as it ought to be 2) of a mode of thinking, feeling, acting; base, wrong, wicked 3) troublesome, injurious, pernicious, destructive, baneful.
- ↑ Strong’s No. 3993 penes {pen’-ace} from a primary peno (to toil for daily subsistence); adj AV - poor (1)
- ↑ Strong’s No. 37 hagiazo {hag-ee-ad’-zo} from 40; vb AV - sanctify (26) - hallow (2) - be holy (1) [29] 1) to render or acknowledge, or to be venerable or hallow 2) to separate from profane things and dedicate to God, to consecrate 3) to purify.
- ↑ LEGAL THESAURUS by William C. Burton second edition.
- ↑ Williams v. Williams, (1853) 8 N.Y.-4 Selden 525. McCartee v. Orphan Asylum Soc., 9 Cowen 511, 513, 18 am. Dec. 516, quoting Blackstones Comm. 104.