What causes the difficulty is this; the Equitable is Just, but not the Just which is in accordance with written law, being in fact a correction of that kind of Just. And the account of this is, that every law is necessarily universal while there are some things which it is not possible to speak of rightly in any universal or general statement. Where then there is a necessity for general statement, while a general statement cannot apply rightly to all cases, the law takes the generality of cases, being fully aware of the error thus involved; and rightly too notwithstanding, because the fault is not in the law, or in the framer of the law, but is inherent in the nature of the thing, because the matter of all action is necessarily such.
When then the law has spoken in general terms, and there arises a case of exception to the general rule, it is proper, in so far as the lawgiver omits the case and by reason of his universality of statement is wrong, to set right the omission by ruling it as the lawgiver himself would rule were he there present, and would have provided by law had he foreseen the case would arise. And so the Equitable is Just but better than one form