{"id":12532,"date":"2018-01-29T14:15:20","date_gmt":"2018-01-29T14:15:20","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=12532"},"modified":"2018-01-29T16:26:29","modified_gmt":"2018-01-29T16:26:29","slug":"court-of-chancery-the-english-court-of-equity-where-one-appealed-to-the-kings-conscience","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=12532","title":{"rendered":"Court of Chancery – the English court of equity, where one appealed to the “King’s Conscience”"},"content":{"rendered":"

\u00a0\u00a0\u00a0 This page is continued from the Legal Precepts adopted into U.S. law (from Europe) through the Constitution<\/a> >>>> Equity Jurisprudence<\/a>:<\/span>
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court of chancery<\/span>:<\/strong><\/span>
\n (14C)<\/span><\/p>\n

1. A court of equity<\/span>; collectively, the courts of equity.\u00a0 *\u00a0 The term is derived from the court of the Lord Chancellor, the original English court of equity. <\/strong>\u2014 aka chancery<\/strong><\/em><\/span>; chancery court<\/strong><\/em><\/span>. [1]<\/span><\/p>\n

1. A court of equity, in England and some of the United States.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See High Court of Chancery<\/em><\/strong><\/span>. [2]<\/span><\/p>\n

1. A court of equity in England an in some of the United States.<\/strong> [3]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from\u00a0A.H. Manchester’s\u00a0Modern Legal History of England and Wales<\/em><\/a>\u00a0(1980):<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cChancery\u2019s jurisdiction was complementary to that of t e courts of common law \u2014 it sought to do justice in cases for which there was no adequate remedy at common law.\u00a0 It had originated in the petition<\/a>, not the writ<\/a>, of the party who felt aggr<\/span><\/strong>ieved to the Lord Chancellor as \u2018keeper of the King\u2019s conscience.\u2019\u00a0 In its origins, therefore, Chancery\u2019s flexible concern for justice complemented admirably the formalism of a medieval system of common law<\/a> which had begun to adhere strictly, perhaps overstrictly on occasion, to prescribed forms.\u00a0 By 1800, however, Chancery\u2019s system was itself regarded as being both consistent and certain.<\/span>\u201d<\/strong> [4]<\/span><\/span><\/p>\n

chancery<\/span>:<\/span><\/strong><\/p>\n

\n

1. The system of jurisprudence administered in courts of equity.<\/strong>\u00a0<\/span><\/p>\n

2.<\/strong> Int\u2019l law<\/em>. The place where the head of a diplomatic mission and staff have their offices,\u00a0<\/strong>as distinguished from the embassy (where the ambassador lives).\u00a0<\/strong>[1]<\/span><\/p>\n

“The Court of Chancery
\nduring the reign of George I”<\/span>:
\nby Benjamin Ferrers<\/span><\/span><\/span><\/strong> (\u2020 1732)<\/span><\/span><\/span><\/em><\/span>
\n<\/span><\/strong>circa 1725<\/span><\/p>\n<\/div>\n

\"\"<\/a><\/p>\n

court of equity<\/span>:<\/strong><\/span><\/p>\n

1. A court having jurisdiction of suits in equity and in which equitable remedies are administered.<\/strong><\/span>
\n\u00a0\u00a0\u00a0\u00a0 See court of conscience<\/em><\/strong><\/span>; equity<\/em>. [2]<\/span><\/p>\n

1. A court having jurisdiction of of equitable actions; a court that administers remedies which are equitable in nature.<\/strong><\/span>
\n\u00a0\u00a0\u00a0\u00a0 Compare court of law<\/em>. [3]<\/span><\/p>\n

court of conscienc<\/span>e<\/span>:<\/span><\/strong><\/span><\/p>\n

1.<\/strong> Hist<\/em>. A local English court that had jurisdiction over small-debt cases.\u00a0 *\u00a0 The court was so called because its judgments were supposed to reflect equity and good conscience.\u00a0 County courts assumed the jurisdiction of the courts of conscience in 1846.<\/strong> [1]<\/span><\/p>\n

1. An English court for the collection of small debts; a court of equity.\u00a0 Harper v Clayton<\/em>, 84 Md 346, 35 A 1083<\/span>.<\/span><\/strong><\/p>\n

A court of equity is a court of conscience, and whatever, therefore, is unconscionable is odious in its sight.\u00a0 Fraud is more odious than force, and one of the peculiar provinces of a court of equity is to relief against wilful misrepresentation and fraud.\u00a0 Dowell v Goodwin<\/em>, 22 RI 287, 47 A 693<\/span>.<\/strong> [2]<\/span><\/p>\n

high court of chancery<\/span>:<\/span><\/strong><\/p>\n

1. An English court which appears to have attained its full development in the reign of Edward II, 1307-1327, and which by reason of the royal prerogative could afford relief above and beyond that available in the common-law courts.<\/strong> [2]<\/span><\/p>\n

Officers of the Courts of Chancery:<\/span><\/strong><\/p>\n

chancellor<\/span><\/a> – a judge of a court of chancery. <\/span><\/strong>(<\/span>in Scotland, \u2014 the foreman of a jury).<\/span>
\n<\/span><\/strong><\/p>\n

Lord High Chancellor<\/span><\/a> – the highest judicial officer in England, speaker of the House of Lords, member of the Cabinet, and presides at appellate judicial proceedings. <\/span><\/strong>\u2014 aka<\/span> Lord Chancello<\/span>r<\/em><\/span><\/strong>;<\/span> Keeper of the King\u2019s Conscience<\/em><\/span><\/strong><\/span>.<\/span><\/p>\n

master in chancery<\/span><\/a> – an assistant of the chancellor having the function of performing judicial or ministerial acts, including inquiring into matters referred by the court, examining cases, taking oaths and affidavits, hearing testimony, and computing damages.\u00a0 Position has been replaced by Master of the Supreme Court<\/span><\/em>.<\/strong> <\/span><\/p>\n

Master in Lunacy<\/span><\/a> – a judicial officer appointed by the Lord Chancellor to conduct inquiries into the state of mind of people alleged to be incapable of handling their own affairs, and to ensure their property is properly managed for his or her benefit.<\/span><\/strong><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

[1]:\u00a0Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations
\n<\/span><\/em>Third Edition<\/span><\/strong><\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal Assistant Edition<\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]:\u00a0A.H. Manchester, <\/span><\/strong>Modern Legal History of England and Wales<\/span><\/a><\/em>, 1750-195Q135-36 (1980).<\/span><\/strong><\/p>\n

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Legal Precepts Adopted into U.S. Law (from Europe) through the Constitution<\/span><\/a><\/strong><\/p>\n

Common Law<\/span><\/a><\/strong><\/p>\n

Admiralty Law<\/span><\/a><\/strong><\/p>\n

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