Page:Cyclopaedia, Chambers - Volume 1.djvu/705

 EQU

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EQU

twice a Tear; viz-. About the 10 tb of March, and the be taken, left there Ihould be imagin'd any Obligation,

12 th of September ; the firft of which is the Vernal, and where there is none.

the fecond the Autumnal Equinox. . For an Ioftance, fuppofe it an exprefs Law, that the

As the Sun's Motion is unequal, that is, fometimes City being now befit with an Enemy, the Gates be all

fwifter, and fometimes flower; (from the Caufes already Jbutz and fuppofe it fall out, that the Enemy is then in

explain'd under the Article EQUATION) it comes to pafs, purfuit after fome of the Citizens by whom it is defended;

that there are about Eight Days more from the Vernal, lb that it would be highly prejudicial thereto, not to open

to the Autumnal Equinox, than from the Autumnal to 'em the Gates : Equity here decrees the Gates to be

the Vernal: The Sun fpending more Time in travelling open'd, contrary to the exprefs Word of the Law. thro' the Northern, than the Southern Signs. 'Thorn. Aquin. propofes another Inftance : Suppofe it

According to the Obfervations of M. Caffini, the Sun Law, that whoever refufes to reftore 'what had been corn- is i85d. 14 h. 5 3'. in the Northern Signs ; and only 178 d. mitted in Ttuft to him, Ihall pay a grievous Mulct ; and 14I1. 5<T. in the Southern. The Difference of which is fuppofe fome Perfon refills to reftore a Sword left with 7 d. 23 h. 57'. him, to a Mad-man. This Cafe is comprehended in the

The Sun being continually advancing forwards in the Senfe and Intendment of the Law, tho' not in the Words

Ecliptic, and gaining a Degree every Day ; he makes no thereof. And the Legiflator himfclf, if he were prefent,

Stay in the EquinoSial Points, but the Moment he arrives would except it. Equity, therefore, muft here ftep in, to

in 'em, leaves 'em. con-eft or fupply the Defects of the Judge, and acquit the

Of Courfe, therefore, tho' the Day the Sun enters the Man of the Mulfl. _ '

EquinoSial Point, is call'd the Equinox, as being re- In this View, Equity is of two Kinds, and thole of

puted equal to the Night; yet is not it precifely fo, unlefs contrary Effects: The one abridges, and takes torn the

the Sun enter the Equator at Mid-day. For if the riling T Sun ftiould enter the Vernal Equinox, at fetting, he will

have departed from it, and have got Northwards about it' : Confequently, that Day will be fomewhat longer than is Hours, and the Night proportionably ftiorter.

The Time of the Equinoxes, i. e. the Moment in which

Letter of the Law ; and the other enlarges, and adds thereto.

The firft is defined, the Correction of a Law, made ge- nerally in that Part wherein it faiis : As, fuppofe an A3, made, That whofocver does fuch a Thing, ihall be a Felon, or fuffcr Death ; yet" if a Madman, or an Infant, who hath

the Sun enters the Equator, is found by Obfervation ; the no Difcretion, do the fame, he /hall neither be a Felon, nor

Latitude of the Place of the Obferver being given. fuffer Death.

Thus, in the EquinoSial Day, or near it, take the juft The other is defined an Extenfion of the Words of the Law,

Meridian Altitude of the Sun ; if this be equal to the to Cafes unexprefs'd, which yet have the fame Reifon ;

Altitude of the Equator, or the Complement of the La- fo that, when one Thing is enacted, all other Things,

titude, the Sun is that very Moment in the Equator. If which are of the like Degree, are fo too. it be not equal, the Difference is the Sun's Declination. Thus in the Statute which ordains, That in Action of Debt

The next Day obferve the Meridian Altitude as before, againft .Executors, he that doth appear by T;utre:s ihall

and find his Declination: If the Declination be of anfwer ; doth extend, by Equity, to Adminitoators ; tor

different Kinds, viz. the one North, and the other South, fuch of them as (hall appear fid! by Diftrcls, ihall anlwer

the Equinox has happen'd in the Interval of Time between by the Equity of the faid Act : £hita flint m equali

'em. Otherwife, the Sun has either not enter'd the Equi- genere. c -r n- e

iioSial, or had pafs'd it at firft. From thefe two Obfcr- Equity is alfo ufed for the Virtue or Jujice. bee

rations, a Trigonometrical Calculus gives the Time of the Justice. •

Equinox Equity, in our Laws, £?e. is frequently ufed lor toe

It is found by Obfervation, that the EquinoSial Points, Court of Chancery, where Controverfits are luppofed to be

and all the other Points of the Ecliptic, arc continually determined, according to the exact Rules ot Equity ana

moving backward, or in Antecedentia, that is, Weftward. Confciencc, by mitigating the Rigour ot the Common LAW.

This retrogade Motion of the EquinoSial Points, is that Sec Chancery. \.

famous and difficult Phenomenon, call'd the 'Ereceffion of JEquitas fequitur Legem, is an old Maxim in l-,aw,

the Equinoxes. See Precession of the Equinox. but from the great Increafe ot Suits in Chancery, lome

EQUIPAGE, a Ship's Crew; or the Officers, Soldiers, have thought fit to give it this Conduction rhatin

nd manaoe the Caufes after a Man has been 1 at Law, he mint go

Sailors, and other Pcrfons, that man fame ; with the Arms, Provifions, Merchandizes, iSc. where- with it is loaded. See Ship, £?c.

The Sailors that are to work and manage a Ship, arc regulated by the Number of Lafts it may carry; each Laft making two Tun.

The Equipage of a Dutch Ship, from 40 to 50 Lafts, as 7 Sailors and a Swabber; from 50 to 60 Lafts, the Equipage confifts of 8 Men and a Swabber ; and thus increafes at the Rate of one Man for every 10 Lafts ; fo that a Ship of 100 Lafts has 12 Men, £S?c.

Englifh and French Crews, are ufually ftrongcr than 2)utch ; but always about the fame Proportion.

EQUIPPE, in Heraldry, expreffes a Knight cquipp'd, i. e. arm'd ar all Points.

EQU1POLLENCE, in Logic, is when there is an Equi- valence between two or more Terms, or Propofitions ; i. e. when they fignify one and the fame Thing, tho' they exprefs it differently. Such Propofitions, HSc. are faid to

into

Equity.

EQUIVALENT, is underftood of fometmng that 15. equal in Value, Force, or Effect to another. See Equa-

IITI. rr, r ■

Equivalence is of various Kinds, in TrofOJitions, in Terms, and in Things.

Equivalent Terms are, where fevcral Words that aiirer in Sound, have yet but one and'the fame Signification ; as Every 'Body ivas there, and no Body was abfent ; Nihil non and omne.

Equivalence in Things, is either moral, phyfical^ or ftatical. Moral, as when we fay, that the commanding or advifing a Murther, is a Guilt Equivalent to that of the Murthcrer : 'Phyjical, as when a Man, who has the Strength of two Men, is faid to be Equivalent to two s And"" 'Statical, whereby a lefs Weight becomes of equal Force with a greater, by having its Diftancc, or the like, increas'd.'

EQUIVOCAL, Equivoque, is applied to an Exprcf-

fion that is dubious and ambiguous; or that may have

one true, and another falfe. Sec Equivo-

be' Equipollent. See Equivalent.

EQUITY, is Juftice, or Right, mitigated and temper'd feveral Senfi by the Consideration of particular Circumftances; or a cation. Correction, or Moderation of the Severity of fome Law ; Equivocal, .Squivocum, Equivoque, in Logic, by or a Temperament, which, without being unjuft, abates the Greeks call'd Homonymmn, is any Word which under the Rigour of fome juft Law. See Law. " one Senfe exhibits feveral Idea's, or is adapted to different

This is what the Greeks call ihc'naa.. The utmoft Sc- Conceptions, verity of a good Law, is frequently contrary to Juftice; _ As the \Hor<\ Emperor, which

.mould always have Equity for Surnmum jus, ftepe fumma injuria.

The Foundation of Equity, is not that there- is any Miftake in the Law; but that the Law was laid down univerfally; when as all Circumftances cou'd. not be con- fider'd, or taken in under one Law.

Equi,_ as an Amendment^ the Law it felf, as of the Opii ill underftood, or ill applied. Eqmvocata.

In this it is diftinguiihed from a TUfpenfation, which Equivoca Equivocaima, takes away the Obligation of the Law in fome particular fignify Things, are Words 1 Cafe; whereas a Correction does not take away any Thing very different Signification, i.e. t ion, but only fticws in what Senfe it is to have aiirnilar Effencc.correfpondent

ihould always have Equity for its Rule and Guide. Dignity, the proper Name of a Perlon, and the Name ot

a Plant. So alfo the Latin Gallus, which ftands indiffe- rently for a Cock, and a Frenchman.

In which Cafes one Word denotes divers Conceptions, one Word divers Things. Whence that common Definition ot Equivocal in the School, quorum nomen eft commune, ■ m illud. Komen diverja.

into and,

of the Obligation, but only J3ie«

or thofe that denominate and ommon to feveral Things in a to feveral Things which to the fi.iD.ilai' Denomina- tion.