which ought to be supplied by a court of equity. This is so evident, that even in the same case we find common law sometimes defective, sometimes excessive, according to occasional or accidental circumstances, without any fundamental difference. For example, many claims, good at common law, are reprobated in equity, because of some incidental wrong that comes not under the cognisance of common law. A claim of this kind must be sustained by a court of common law, which cannot regard the incidental wrong; and in such instances, common law is excessive, by transgressing the bounds of justice. On the other hand, where a claim for reparation is brought by the person who suffered the wrong, a court of common law can give no redress; and in such instances, common law is defective. And yet the ratio decidendi is precisely the same in both cases, namely, the limited power of a court of common law. The transgression of a deed or covenant is a wrong that ought to be distinguished from a wrong that misleads a man to make a covenant or to grant a deed. The former only belongs to the chapter Of Covenants; the latter, to the chapter of the powers of a court of equity to protect individuals from injuries. For example, a man is fraudulently induced to enter into a contract: the reparation of this wrong, which is antecedent to the contract, cannot arise from the contract; and for that reason, it is put under the chapter last mentioned. PREFACE TO THE THIRD EDITION. AN useful book ought not to be a costly book. To bring this edition within a moderate price, not only the size is smaller, but the preliminary discourse on the principles of morality is left out, being published more complete in Sketches of the History of Man.* To mould the principles of equity into a regular system, was a bold undertaking. The pleasure of novelty gave it a lustre, and made every article appear to be in its proper place. The subject becoming more familiar in labouring upon a second edition, the many errors I discovered produced an arrangement differing considerably from the former. My satisfaction, however, in the new arrangement, was not entire: the errors I had fallen into produced a degree of diffidence, and a suspicion of more. And now, after an interval of no fewer than ten years, I find the suspicion but too well founded, chiefly with respect to the extensive chapter Of Deeds and Covenants. The many divisions and subdivisions of that chapter, I judged at the time to be necessary; but after pondering long and frequently upon them, I became sensible that they tend to darken rather than to enlighten the subject. That chapter is now divided into fewer and more distinct heads; which I expect will be found a considerable improvement. In an institute of law, or of any other science, the analyzing it into its constituent parts, and the arranging every article properly, is of supreme importance. One could not conceive, without experience, how greatly accurate distribution contributes to clear conception. Before I was far advanced in the present edition, the many errors I found in the distribution surprised and vexed me. I have beThis new edition, in one volume, is printed verbatim from the third edition in two volumes. stowed much pains in correcting these errors; and yet I will not answer that there are none left. some may again escape me. good, however, to be on the mending hand; and in every new attempt, to approach nearer and nearer to perfection. To compile a body of law, the parts intimately connected and every link hanging on a former, requires the utmost effort of the human genius. Have I not reason to think so, considering how imperfect in that respect the far greater part of law-books are; witness in particular the famous body of Roman law compiled under the auspices of the emperor Justinian, remarkable even among law-books for defective arrangement? Let the candid reader keep this in view, and he will be indulgent to the errors of arrangement in this edition, if, after my utmost application, any remain. Many escaped me before; and No work of man is perfect: it is But imperfect arrangement in the former editions, is not the only thing that requires an apology. Frequent and serious reflection on a favourite subject, have unfolded to me several errors, still more material, as they concern the reasoning branch of my subject. These I blush for; and yet, to acknowledge an erroneous opinion, sits lighter on my mind than to persevere in it. CONTENTS. Page. PART I. Powers of a court of equity to re- medy the imperfections of common law with respect to pecuniary interest, by supplying 2. Where a man is overawed to act knowingly against 4. A man moved to act unknowingly against his inte- rest, by fraud, deceit, or other artificial means, 5. What remedy is applied by a court of equity against CHAP. II. Powers of a court of equity to remedy what is imperfect in common law, with respect to pro- tecting the weak of mind from harming themselves by unequal bargains and irrational deeds, CHAP. III. Powers of a court of equity to remedy what Page. CHAP. IV. Powers of a court of equity to remedy what |