Article June 26, 1920 Issue

Equity

FRANK A. UPDEGRAFF

"WITH righteousness shall he judge the world, and the people with equity." So sang the Hebrew bard in the closing sentence of the ninety-eighth psalm, but, asks one, What is equity? In searching for the answer to his own question a student of Christian Science discovered in Young's Concordance to the Bible as many as half a dozen different Hebrew words translated "equity" in the authorized King James Version of the Holy Bible, and while to the Hebrew each of these words may express a slightly different meaning from the others, with one exception their definitions include in various degrees, according to the Concordance, "what is right," "uprightness;" the one exception signifying "straightforwardness." In this connection was recalled the injunction of Christ Jesus to those Jews who marveled at his words when he said, "Judge not according to the appearance, but judge righteous judgment."

In the Century Dictionary, equity is defined as follows: First, "That which is equally right or just to all concerned; equal or impartial justice; fairness; impartiality;" second, "In law: Fairness in the adjustment of conflicting interests; the application of the dictates of good conscience to the settlement of controversies." In following the subject further it was found that a court of equity, sometimes referred to as a court of chancery, was the outgrowth of the office of chancellor, who in the beginning was a doorkeeper or usher who stood between the king and the crowds of people who might wish to see him, introducing such persons as were entitled to pass. Later, and naturally, the chancellor became a sort of intermediary who, in England, was in time vested with power as a notary or scribe to the king and as "keeper of the great seal" and custodian of official documents. As his office grew into greater importance he became arbiter or judge between complainants in certain cases which were brought up for judgment before the king, as the highest power in the realm,—especially controversies that did not come under the common law, which was the outgrowth of custom or precedent; or in which the application of the law would work a hardship without justice or result in irreparable injury to any one concerned; or for which there was no adequate remedy at law.

Because of the increasing complexity of society, and also by reason of the tendency of the human mind to adhere to and develop jurisprudence, or the so-called science of law, to the exclusion of righteousness and straightforwardness, justice was to such a degree sacrificed to technicalities in the courts of law that an increasing number of complaints came before the chancellor for settlement, until in time his office developed into a great tribunal, of which one famous jurist has said, "There is not a single department of law which is more completely fenced in by principle—than equity." In fact, equity may well be classified as an attribute of God, the expression of Principle in human affairs—the reign of righteousness.

Send a comment to the editors

We'd love to hear from you!

Easily submit your testimonies, articles, and poems online.

Submit

Equity

We'd love to hear from you!

Sign up for unlimited access