In order to provide a supply of competent officers, each eques was required to fill certain subordinate posts, called militiae equestres. These were (1) the command of an auxiliary cohort; (2) the tribunate of a legion; (3) the command of an auxiliary cavalry squadron, this order being as a rule strictly adhered to. To these Septimius Severus added the centurionship. Nomination to the militiae equestres was in the hands of the emperor. After the completion of their preliminary military service, the equites were eligible for a number of civil posts, chiefly those with which the emperor himself was closely concerned. Such were various procuratorships; the prefectures of the corn supply, of the fleet, of the watch, of the praetorian guards; the governorships of recently acquired provinces (Egypt, Noricum), the others being reserved for senators. At the same time, the abolition of the indirect method of collecting the taxes in the provinces greatly reduced the political influence of the equites. Certain religious functions of minor importance were also reserved for them. In the jury courts, the equites, thanks to Julius Caesar, already formed two-thirds of the judices; Augustus, by excluding the senators altogether, virtually gave them the sole control of the tribunals. One of the chief objects of the emperors being to weaken the influence of the senate by the opposition of the equestrian order, the practice was adopted of elevating those equites who had reached a certain stage in their career to the rank of senator by adlectio. Certain official posts, of which it would have been inadvisable to deprive senators, could thus be bestowed upon the promoted equites.
The control of the imperial correspondence and purse was at first in the hands of freedmen and slaves. The emperor Claudius tentatively entrusted certain posts connected with these to the equites; in the time of Hadrian this became the regular custom. Thus a civil career was open to the equites without the obligation of preliminary military service, and the emperor was freed from the pernicious influence of freedmen. After the reign of Marcus Aurelius (according to Mommsen) the equites were divided into: (a) viri eminentissimi, the prefects of the praetorian guard; (b) viri perfectissimi, the other prefects and the heads of the financial and secretarial departments; (c) viri egregii, first mentioned in the reign of Antoninus Pius, a title by right of the procurators generally.
Under the empire the power of the equites was at its highest in the time of Diocletian; in consequence of the transference of the capital to Constantinople, they sank to the position of a mere city guard, under the control of the prefect of the watch. Their history may be said to end with the reign of Constantine the Great.
Mention may also be made of the equites singulares Augusti. The body-guard of Augustus, consisting of foreign soldiers (chiefly Germans and Batavians), abolished by Galba, was revived from the time of Trajan or Hadrian under the above title. It was chiefly recruited from the pick of the provincial cavalry, but contained some Roman citizens. It formed the imperial “Swiss guard,” and never left the city except to accompany the emperor. In the time of Severus, these equites were divided into two corps, each of which had its separate quarters, and was commanded by a tribune under the orders of the prefect of the praetorian guard. They were subsequently replaced by the protectores Augusti.
See further article [Rome]: History; also T. Mommsen, Römisches Staatsrecht, iii.; J.N. Madvig, Die Verfassung des römischen Staates, i.; R. Cagnat in Daremberg and Saglio’s Dictionnaire des antiquités, where full references to ancient authorities are given in the footnotes; A.S. Wilkins in Smith’s Dictionary of Greek and Roman Antiquities (3rd ed., 1891); E. Belot, Histoire des chevaliers romains (1866-1873); H.O. Hirschfeld, Untersuchungen auf dem Gebiete der römischen Verwaltungsgeschichte (Berlin, 1877); E. Herzog, Geschichte und System der römischen Staatsverfassung (Leipzig, 1884-1891); A.H. Friedländer, Sittengeschichte Roms, i. (1901); A.H.J. Greenidge, History of Rome, i. (1904); J.B. Bury, The Student’s Roman Empire (1893); T.M. Taylor, Political and Constitutional History of Rome (1899). For a concise summary of different views of the sex suffragia see A. Bouché-Leclercq’s Manuel des antiquités romaines, quoted in Daremberg and Saglio; and on the equites singulares, T. Mommsen in Hermes, xvi. (1881), p. 458.
(J. H. F.)
EQUITY (Lat. aequitas), a term which in its most general sense means equality or justice; in its most technical sense it means a system of law or a body of connected legal principles, which have superseded or supplemented the common law on the ground of their intrinsic superiority. Aristotle (Ethics, bk. v. c. 10) defines equity as a better sort of justice, which corrects legal justice where the latter errs through being expressed in a universal form and not taking account of particular cases. When the law speaks universally, and something happens which is not according to the common course of events, it is right that the law should be modified in its application to that particular case, as the lawgiver himself would have done, if the case had been present to his mind. Accordingly the equitable man (ἐπιεικής) is he who does not push the law to its extreme, but, having legal justice on his side, is disposed to make allowances. Equity as thus described would correspond rather to the judicial discretion which modifies the administration of the law than to the antagonistic system which claims to supersede the law.
The part played by equity in the development of law is admirably illustrated in the well-known work of Sir Henry Maine on Ancient Law. Positive law, at least in progressive societies, is constantly tending to fall behind public opinion, and the expedients adopted for bringing it into harmony therewith are three, viz. legal fictions, equity and statutory legislation. Equity here is defined to mean “any 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.” It is thus different from legal fiction, by which a new rule is introduced surreptitiously, and under the pretence that no change has been made in the law, and from statutory legislation, in which the obligatory force of the rule is not supposed to depend upon its intrinsic fitness. The source of Roman equity was the fertile theory of natural law, or the law common to all nations. Even in the Institutes of Justinian the distinction is carefully drawn in the laws of a country between those which are peculiar to itself and those which natural reason appoints for all mankind. The connexion in Roman law between the ideas of equity, nature, natural law and the law common to all nations, and the influence of the Stoical philosophy on their development, are fully discussed in the third chapter of the work we have referred to. The agency by which these principles were introduced was the edicts of the praetor, an annual proclamation setting forth the manner in which the magistrate intended to administer the law during his year of office. Each successive praetor adopted the edict of his predecessor, and added new equitable rules of his own, until the further growth of the irregular code was stopped by the praetor Salvius Julianus in the reign of Hadrian.
The place of the praetor was occupied in English jurisprudence by the lord high chancellor. The real beginning of English equity is to be found in the custom of handing over to that officer, for adjudication, the complaints which were addressed to the king, praying for remedies beyond the reach of the common law. Over and above the authority delegated to the ordinary councils or courts, a reserve of judicial power was believed to reside in the king, which was invoked as of grace by the suitors who could not obtain relief from any inferior tribunal. To the chancellor, as already the head of the judicial system, these petitions were referred, although he was not at first the only officer through whom the prerogative of grace was administered. In the reign of Edward III. the equitable jurisdiction of the court appears to have been established. Its constitutional origin was analogous to that of the star chamber and the court of requests. The latter, in fact, was a minor court of equity attached to the lord privy seal as the court of chancery was to the chancellor. The successful assumption of extraordinary or equitable jurisdiction by the chancellor caused similar pretensions to be made by other officers and courts. “Not only the court of exchequer, whose functions were in a peculiar manner connected with royal authority, but the counties palatine of Chester, Lancaster and Durham, the court of great session in Wales, the universities, the city of London, the Cinque Ports and other places silently assumed extraordinary jurisdiction similar to that exercised in the court of chancery.” Even private persons, lords and ladies, affected to establish in their honours courts of equity.