Court of Chancery
group · 4 works · 6 mentions · 11 anchored passages
also in the atlas: Court of Chancery the place
Chancery · English Equity · Equity · the Chancellor · the Chancery
in the texts
Ancient Law
The English court whose body of equity jurisprudence is compared throughout with Roman Equity.
The same point of legal history was attained in England under the chancellorship of Lord Eldon the first of our equity judges who, instead of enlarging the jurisprudence of his court by indirect legislation, devoted himself through life to explaining and harmonising it.
In England, on the other hand, a range of ideas especially congenial to Englishmen of that day, explained the claim of Equity to override the common law by supposing a general right to superintend the administration of justice which was assumed to be vested in the king as a natural result of his paternal authority.
Still more recently, and particularly at the middle and during the latter half of the eighteenth century, the mixed systems of jurisprudence and morals constructed by the publicists of the Low Countries appear to have been much studied by English lawyers, and from the chancellorship of Lord Talbot to the commencement of Lord Eldon’s chancellorship these works had considerable effect on the rulings …
Dissertations on Early Law and Custom
English equity jurisdiction descended from the King's residuary authority over law, criticized mainly for delay and expense.
From this sprang the jurisdiction of the Court of Chancery, which cannot be said to have ever been exactly popular, but which certainly owed whatever unpopularity attached to it not to any supposed inherent badness, but to incidental vices, its dilatoriness and its costliness.
the so-called Equity of our Court of Chancery;
The Law of Torts
The historic equity court, presided over by the Chancellor, which formerly held exclusive jurisdiction over injunctions and certain compensation for fraud before the Judicature Acts merged the jurisdictions.
In practice very many causes were in the Court of Chancery, and still are, really disposed of on an application for an injunction which is in form interlocutory:
Specific orders and prohibitions in the form of injunctions or otherwise were (with few exceptions, if any) in the hand of the Chancellor alone, and the principles according to which they were granted or withheld were counted among the mysteries of Equity.
In certain cases of fraud (that is, wilfully or recklessly false representation of fact) the Court of Chancery had before the Judicature Acts concurrent jurisdiction with the courts of common law, and would award pecuniary compensation, not in the name of damages, indeed, but by way of restitution or “making the representation good”.
Magna Carta: A Commentary on the Great Charter of King John
The royal office responsible for issuing original writs, whose practice regarding the writ praecipe and writ de odio et atia is described.
The Chancery, in obedience to Magna Carta, ceased to issue this particular form of writ in such a manner as to cause a freeman “to lose his court.
If the accused asserted that his appellant acted “out of spite and hate” (de odio et atia), he might purchase from the chancery a writ to refer this preliminary plea to the verdict of twelve recognitors.