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• Aquinas Ethicus, Or the Moral Teaching of St. Thomas, Translated From the Summa.: Second Division, Or Secunda Secundæ.
• Question Xlvii.: of Prudence. 1
• Question Xlviii.: of the Parts of Prudence.
• Question Lv.: of the Prudence of the Flesh.
• Question Lvii.: of Right. 2
• Question Lviii.: of Justice. 1
• Question Lix.: of Injustice.
• Question Lx.: of Judgment.
• Question Lxi.: of the Parts of Justice.
• Question Lxii.: of Restitution.
• Question Lxiii.: of the Respecting of Persons.
• Question Lxiv.: of Homicide.
• Question Lxv.: of Mutilation of Members.
• Question Lxvi.: of Theft and Robbery.
• Question Lxvii.: of Injustice In a Judge.
• Question Lxviii.: of What Relates to an Unjust Accusation.
• Question Lxix.: of Sins Against Justice On the Part of the Accused.
• Question Lxx.: of Injustice In the Person of the Witness.
• Question Lxxi.: of Injustice On the Part of Counsel At Law.
• Question Lxxii.: of Injurious Language Out of Court, and First of Contumely.
• Question Lxxiii.: of Detraction.
• Question Lxxiv.: of Mischief-making.
• Question Lxxvi.: of Cursing.
• Question Lxxvii.: of Fraudulent Dealing In Buying and Selling.
• Question Lxxviii.: of the Sin of Usury That Is Committed In Loans. 3
• Question Lxxix.: of the Integral Parts of Justice, Which Are to Do Good and Turn Away From Evil.
• Question Lxxx.: of the Potential Parts of Justice.
• Question Lxxxi.: of Religion.
• Question Lxxxii.: of Devotion.
• Question Lxxxiii.: of Prayer.
• Question Lxxxiv.: of the Exterior Acts of Divine Worship.
• Question Lxxxv.: of Sacrifice.
• Question Lxxxvi.: of Offerings.
• Question Lxxxviii.: of a Vow Whereby Something Is Promised to God.
• Question Lxxxix.: of Oaths.
• Question XCI.: Of the Taking of the Divine Name to Invoke It In Prayer Or Praise.
• Question XCII.: Of Vices Opposed to Religion, and First of Superstition.
• Question XCIII.: Of the Species of Superstition; and First of Superstition By Undue Worship of the True God.
• Question XCIV.: Of Idolatry.
• Question XCV.: Of the Superstition of Divination.
• Question XCVI.: Of Superstitious Observances.
• Question XCVII.: Of Tempting God.
• Question XCVIII.: Of Perjury.
• Question XCIX.: Of Sacrilege.
• Question C.: Of Simony.
• Question CI.: Of Natural Affection.
• Question CIV.: Of Obedience.
• Question CVI.: Of Gratitude.
• Question CVII.: Of Ingratitude.
• Question CVIII.: Of Vengeance. 1
• Question CIX.: Of Truthfulness.
• Question CX.: Of Vices Opposed to Truthfulness, and First of Lying.
• Question CXI.: Of Simulation and Hypocrisy.
• Question CXII.: Of Boasting.
• Question CXIII.: Of Self-depreciation.
• Question CXIV.: Of the Friendliness That Is Called Affability.
• Question CXV.: Of Flattery.
• Question CXVI.: Of the Spirit of Contradiction.
• Question CXVII.: Of Liberality.
• Question CXVIII.: Of Covetousness.
• Question CXIX.: Of Prodigality.
• Question CXX.: Of Equity.
• Question CXXIII.: Of Fortitude.
• Question CXXIV.: Of Martyrdom.
• Question CXXV.: Of Fear.
• Question CXXVI.: Of Insensibility to Fear.
• Question CXXVII.: Of Fiery Daring. 1
• Question CXXVIII.: Of the Parts of Fortitude.
• Question CXXIX.: Of Magnanimity. 1
• Question CXXX.: Of Presumption. 1
• Question CXXXI.: Of Ambition.
• Question CXXXII.: Of Vainglory.
• Question CXXXIII.: Of Pusillanimity.
• Question CXXXIV.: Of Munificence. 2
• Question CXXXV.: Of Petty Economy.
• Question CXXXVI.: Of Patience.
• Question CXXXVII.: Of Perseverance.
• Question Cxli.: of Temperance.
• Question Cxlii.: of Vices Opposed to Temperance.
• Question Cxliii.: of the Parts of Temperance In General.
• Question Cxlv.: of Propriety.
• Question Cxlvi.: of Abstinence.
• Question Cxlvii.: of Fasting.
• Question Cxlviii.: of Gluttony.
• Question Cxlix.: of Sobriety.
• Question Cl.: of Drunkenness.
• Question Cli.: of Chastity.
• Question Clii.: of Virginity.
• Question Cliii.: of the Vice of Luxury.
• Question Cliv.: of the Parts of Luxury.
• Question Clv.: of the Potential Parts of Temperance; and First of Continence. 1
• Question Clvi.: of Incontinence.
• Question Clvii.: of Clemency and Meekness.
• Question Clviii.: of Irascibility.
• Question Clix.: of Cruelty.
• Question Clxi.: of Humility.
• Question Clxii.: of Pride.
• Question Clxvi.: of Studiousness.
• Question Clxvii.: of Curiosity.
• Question Clxviii.: of Modesty, Or Decorum, In the Outward Movements of the Body. 2
• Question Clxix.: of Modesty In Dress.
• Question Clxxxii.: of the Comparison of the Active Life With the Contemplative.
• Question Clxxxiii.: of Offices and Various States of Men In General.
• Question Clxxxiv.: of What Relates to the State of Perfection In General.
• Question Clxxxvi.: of the Things In Which the Religious State Properly Consists.
• Question Clxxxvii.: of the Things Proper For Religious to Do.
• Question Clxxxviii.: of the Variety of Religious Orders.
• Question Clxxxix.: of the Entry Into Religion.
• By the Same Author.

QUESTION CXX.

OF EQUITY.

Article I.—Is equity a virtue?

R. Human acts, about which laws are framed, are so many singular occurrences of infinite possible variety. Hence it was found impossible for any rule of law to be established that should in no case fall short of what was desirable; but legislators have their eye on what commonly occurs, and frame their law for that: yet in some cases the observance of that law is against the equality of justice and against the public good. In such cases it is evil to abide by the law as it stands, and good to overlook the words of the law, and follow the course that is dictated by regard to justice and public expediency. And this is the end of equity: hence clearly equity is a virtue.1

§ 1. Equity does not abandon justice absolutely, but only justice as fixed by law. Nor is it opposed to that severity, which abides by the words of the law in cases where it is proper to abide by them: to abide by them otherwise is an error. Hence it is said in the Codex: “Beyond doubt he offends against the law, who holds fast to the words of the law, while striving against the will of the legislator.”1

§ 2. To Augustine’s words: “Once laws are established and sanctioned, it must not be allowed to the judge to judge of them, but to judge according to them,” it is to be said that he judges of the law, who says that it is not a good enactment; but he who says that the terms of the law are not to be observed in this case, does not judge of the law, but of a particular business that has occurred.

§ 3. Interpretation has place in doubtful cases, and in them it is not allowable to depart from the terms of the law without the decision of the ruler; but in clear cases the need is, not of interpretation, but of execution.

Article II.—Is equity a part of justice?

R. As said above, q. 48, a virtue has three sorts of parts, subjective, integral, and potential. Equity is a subjective part of justice. Legal justice is directed according to equity. Hence equity is a kind of higher rule of human acts.

§ 1. Equity in some sort is contained under legal justice, and in some sort goes beyond it. For if legal justice is said to be that which obeys the law, whether as to the terms of the law or as to the intention of the legislator—a weightier consideration; in that view, equity is the weightier part of legal justice. But if by legal justice is meant only that which obeys the law according to the terms of the law, at that rate equity is not a part of legal justice, but a part of justice in the widest sense of the term, marked off from legal justice as going beyond it.

[1 ]Cf. I-II. q. 96. art. 6. (Trl.)

[1 ]Aristotle, Rhetoric, I. 15. nn. 1—12. gives these and other stock arguments for counsel to use when the letter of the law is against his client; and a set of counter-arguments to produce when the letter makes in his favour. (Trl.)