The Court of Chancery and Equity

Abstract

This chapter traces the history of the Court of Chancery and equity. The equitable jurisdiction derived from the extraordinary jurisdiction of the king’s council. By 1400 the chancellor had his own court and was issuing decrees in his own name. It was not tied to law but could coerce the conscience of a defendant, for instance to desist from an unconscionable suit at law. Equity was not in conflict with the law, but there was a dispute between Coke and Ellesmere in 1615 over injunctions after judgment. Most equitable principles began with relief given on the facts of individual cases, but the multitude of suits generated common principles, many of which were elucidated by Lord Nottingham. The court’s initially informal procedure became unmanageably complex as more suitors resorted to it. The later Chancery was a byword for delay and despair; the chapter ends with an account of its reform.