While the roots of equity allegedly go back to Mesopotamia (circa 2000 B.C.), equity as a jurisprudence is said to have seeded in the Roman Empire and developed in England as a remedy to the rigid and often inadequate common law. In medieval England, the King’s courts operated under strict legal formalism, where justice was bound by procedural technicalities rather than the deeper principles of fairness. When petitioners found themselves without remedy under common law, they appealed directly to the King, who was regarded as the divine steward of justice.
The King, unable to handle the growing number of pleas, delegated this authority to his
Lord Chancellors
— often a clerics — who were to administer
justice through conscience, fairness, and grace, unfettered by rigid legal statutes. These rulings formed the foundation of 'Chancery Courts', where equity was guided not by law alone, but by
moral obligation, honor, and truth.
When the English settlers brought their legal traditions to the land that would become The United States of America, they also carried with them the principles of Equity. But here, a profound shift occurred...
In England, equity flowed from the King as sovereign, its legitimacy tied to his divine right. But in America, where no King reigned, where no throne governed, equity could no longer rest in the hands of a monarch. Instead, its authority found new life — rooted in the conscience of every living man and woman, each born with divine, unalienable rights. Here, equity was no longer the decree of a single ruler, but an embodied principle within the people themselves.
This transformation was not merely philosophical. The Founding Fathers recognized the inherent supremacy of equity in matters of justice, conscience, and fair dealing. The U.S. Constitution enshrined Equity jurisdiction (Article III, Section 2), ensuring that courts were empowered to administer justice where law alone was insufficient.
“The law is nothing without Equity,
but Equity is everything even without the law.”
In the Superior Courts of the Republic of California and beyond, we believe equity remains alive today, though buried beneath the layers of statutory constructs and nearly complete obfuscation. And yet, it flows, ever-ready, to be invoked and embodied by those who seek true remedy, true justice, true conscience — not merely legal process.
Today, in an era where statutory law dominates, equity stands as the living bridge between law and justice. It's the means by which a man or woman may hold another accountable, not through statutes and codes, but through higher principles of honor, conscience, truth, and fairness.
It is the jurisdiction that does not presume but requires proof;
It is the voice of those who seek remedy, not endless process;
It is the force that binds honor to action and restores what is justly due.
No King is needed.
No corporate veil can shield dishonor.
For equity lives in the private, beyond the grasp of statutes, and within the soul of every man and woman who walks in truth, conscience, and good faith.
As the world grows increasingly entangled in contracts, statutory codes, complexities, and presumptions, the timeless principles of Equity Jurisprudence may, indeed, offer a way back to honor, freedom, and grace.
Whether in the courts or in private dealings, we believe equity remains a refuge for those who seek justice beyond law, poised to be grasped and wielding by those with clean hands...
This is the living history of Equity;
This is the heart and foundation upon which justice stands;
And it is the inheritance of every wo/man who chooses to (embody and) claim it.
Want to learn more? Explore the
Maxims of Equity... read from old texts on the
Resources
page... check out some of the
Pamphlets
on different topics, and start connecting with others around practical steps to invoke equity in your private affairs and in the courts.