Henry Home / Principles of Equity
Front Matter
Half Title Page, p. i
Frontispiece, p. iii
Full Title Page, p. v
Copyright Page, p. vi
Contents, p. vii
Editor's Introduction, p. ix
A Note on Legal Sources and Citations, p. xxvii
Abbreviations, p. xxxiii
Preliminary Discourse being an Investigation of the Moral Laws of Society., p. xxxv
Part: Principles of Equity, Vol. I, p. 1
Original Title Page, p. 1
Letter to Lord Mansfield, p. 3
Preface to the Second Edition, p. 5
Preface to the Present [Third] Edition, p. 7
Contents, p. 9
Explanation of Some Scotch Law Terms Used in This Work, p. 15
Introduction, p. 17
Book I. Powers of a Court of Equity derived from the Principle of Justice., p. 39
Part I. Powers of a court of equity to remedy the imperfections of common law with respect to pecuniary interest, by supplying what is defective, and correcting what is wrong., p. 39
Chapter I. Powers of a court of equity to remedy what is imperfect in common law, with respect to the protecting individuals from harm., p. 40
Section I. Harm done by a man in exercising a right or privilege., p. 41
Section II. Harm done by one who has it not in view to exercise any right or privilege., p. 48
Section III. A man tempted or overawed by undue influence to act knowingly against his interest., p. 52
Article I. Where a man, yielding to a temptation, acts knowingly against his interest., p. 52
Article II. Where a man is overawed to act knowingly against his interest., p. 53
Section IV. A man moved to act unknowingly against his interest, by fraud, deceit, or other artificial means., p. 62
Section V. What remedy is applied by a court of equity against the wrongs above stated., p. 67
Chapter II. Powers of a Court of Equity to remedy what is imperfect in common law, with respect to protecting the weak of mind from harming themselves by unequal bargains and irrational deeds., p. 71
Chapter III. Powers of a court of equity to remedy what is imperfect in common law, with respect to the natural duty of benevolence., p. 74
Section I. Connections that make benevolence a duty when not prejudicial to our interest., p. 77
Section II. Connections that make benevolence a duty even against our interest., p. 88
Article I. Connections that intitle a man to have his loss made up out of my gain., p. 88
Article II. Connections that intitle a man who is not a loser, to partake of my gain., p. 103
Article III. Connections that intitle one who is a loser to be indemnified by one who is not a gainer., p. 109
Chapter IV. Powers of a court of equity to remedy what is imperfect in common law with respect to deeds and covenants., p. 117
Section I. Where will is imperfectly expressed in the writing., p. 122
Article I. Where the words leave us uncertain about will., p. 123
Article II. Where the words are short of will., p. 128
Article III. Where the words go beyond will., p. 132
Section II. Implied will., p. 141
Section III. Whether an omission in a deed or covenant can be supplied., p. 144
Section IV. A deed or covenant that tends not to bring about the end for which it was made., p. 154
Section V. Equity with respect to a deed providing for an event that now can never happen., p. 160
Section VI Errors in deeds and covenants., p. 162
Section VII. A deed or covenant being void at common law as ultra vires, can a court of equity afford any relief?, p. 179
Section VIII. Where there is a failure in performance., p. 185
Section IX. Indirect means employed to evade performance., p. 194
Chapter V. Powers of a court of equity to remedy what is imperfect in common law with respect to statutes., p. 195
Section I. Where the will of the legislature is not justly expressed in the statute., p. 207
Article I. Where the words are ambiguous., p. 207
Article II. Where the words fall short of will., p. 208
Article III. Where the words go beyond will., p. 208
Section II. Where the means enacted fall short of the end purposed by the legislature., p. 210
Section III. Where the means enacted reach unwarily beyond the end purposed by the legislature., p. 219
Chapter VI Powers of a court of equity to remedy what is imperfect in common law with respect to matters between debtor and creditor., p. 224
Section I. Injustice of common law with respect to compensation., p. 225
Section II. Injustice of common law with respect to indefinite payment., p. 231
Section III. Injustice of common law with respect to rent levied indefinitely., p. 236
Chapter VII. Powers of a court of equity to remedy what is imperfect in common law with respect to a process., p. 240
Part: Principles of Equity, Vol. II, p. 243
Original Title Page, p. 243
Book I. Powers of a Court of Equity derived from the Principles of Justice., p. 245
Part I. Powers of a court of equity to remedy the imperfections of common law with respect to pecuniary interest., p. 245
Chapter VIII. Powers of a court of equity to remedy what is imperfect in common law with respect to legal execution., p. 245
Section I Where the common law is defective., p. 245
Article I. Subjects that cannot be attached by the executions of common law., p. 246
Article II. Circumstances where even common subjects are withdrawn from these executions., p. 247
Article III. These executions are in some cases imperfect., p. 251
Article IV. They serve only to make debts effectual, and give no aid to other claims., p. 251
Section II. Where the common law with respect to execution is oppressive or unjust., p. 253
Appendix to Chapter VIII., p. 258
Chapter IX. Power of a court of equity to inflict punishment, and to mitigate it., p. 263
Part II. Powers of a court of equity to remedy the imperfection of common law with respect to matters of justice that are not pecuniary., p. 274
Chapter I. How far a covenant or promise in favour of an absent person, is effectual., p. 275
Chapter II. Powers of a court of equity to repress immoral acts that are not pecuniary., p. 287
Book II. Powers of a Court of Equity founded on the principle of Utility, p. 289
Chapter I. Acts in themselves lawful reprobated in equity as having a tendency to corrupt morals., p. 290
Chapter II. Acts and covenants in themselves innocent, prohibited in equity, because of their tendency to disturb society, and to distress its members., p. 292
Chapter III. Regulations of commerce, and of other public concerns, rectified where wrong., p. 295
Chapter IV. Forms of the common law dispensed with in order to abridge law-suits., p. 297
Chapter V. Bona fides as far as regulated by utility., p. 300
Chapter VI. Interposition of a court of equity in favour even of a single person to prevent mischief., p. 304
Chapter VII. Statutes preventive of wrong or mischief extended by a court of equity., p. 305
Conclusion of Book II. Justice and Utility compared., p. 311
Book III., p. 315
Chapter I. What equity rules with respect to rents levied upon an erroneous title of property., p. 315
Chapter II. Powers of a court of equity with respect to a conventional penalty., p. 324
Chapter III. What obligations and legacies transmit to heirs., p. 328
Chapter IV. Arrestment and process of forthcoming., p. 333
Chapter V. Powers of a court of equity with relation to bankrupts., p. 345
Chapter VI. Powers and faculties., p. 379
Chapter VII. Of the power which officers of the law have to act extra territorium., p. 395
Chapter VIII. Jurisdiction of the court of session with respect to foreign matters., p. 401
Section I. Personal actions founded on foreign covenants, deeds, or facts., p. 405
Section II. Foreign covenants and deeds respecting land., p. 409
Section III. Moveables domestic and foreign, and their legal effects., p. 411
Section IV. Debts whether regulated by the law of the creditor's country or that of the debtor., p. 416
Section V. Foreign Evidence., p. 420
Section VI. Effect of a statute, of a decree, of a judicial conveyance, or legal execution, extra territorium., p. 421
Original Index, p. 435
Principles Founded on in This Work, p. 451
Major Variant Readings between the First, Second, and Third Editions, p. 453
Table of Contents of the First Edition (1760), p. 467
Table of Contents of the Second Edition (1767), p. 475
Appendix. Extracts from the First and Second Editions, p. 485
Letter from Kames to Robert Dundas of Arniston, Lord President of the Court of Session, Including a Paper Entitled "Jurisdiction of the Court of Session as a Court of Equity", p. 537
Jurisdiction of the Court of Session as a Court of Equity, p. 539
Glossary, p. 543
Bibliography, p. 565
Index, p. 571
Colophon, p. 604
