Being in chancery presented a real threat to financial well-being. For an explanation of "in chancery" and its continuance into the 19th Century see this BBC link. http://www.bbc.co.uk/education/be…
See also Charles Dickens's novel 'Bleak House' and John Galsworthy's 'In Chancery' (1920), part of the Forsyte Saga series, looking at the personal toll such legal action can take on the individual.
Another interesting reference is from dictionary.com, quoting Webster's Revised Unabridged Dictionary,
As recorded by Samuel Johnson: " chancery n.s. [from chancellor; probably chancellery; then shortened]
The court of equity and concience,moderating the vigour of other courts, that are tied to the letter of the law; whereof the lord chancellor of England is the chief judge, or the lord keeper of the great seal Cowel" a quote: " The contumacy and contempt of the party must signified in the court of the chancery, by the bishops letters under the seal episcopal. " Ayliffe's Parergon
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of lunatics and the guardianship of infants. Its initial role was somewhat different though; as an extension of the Lord Chancellor's role as Keeper of the King's Conscience, the Court was an administrative body primarily concerned with conscientious law. Thus the Court of Chancery had a far greater remit than the common law courts, whose decisions it had the jurisdiction to overrule for much of its existence, and was far more flexible. http://en.wikipedia.org/wiki/Cour…
CHANCERY, a Court of Equity and Conscience, moderating the Severity of other Courts that are more strictly tied to the Rigour of the Law ---An Universal Etymological English Dictionary. N. Bailey, 1675.
In 2022 a new book was published: “Family Feuds: An Introduction to Chancery Proceedings”. Amongst historians, Chancery Proceedings has become a generic term that encompasses the records of all courts of equity.
For the purposes of this book, it is used to cover the records not just of the court of Chancery but of the other principal courts of equity.
The jurisdiction of the courts covered England and Wales only, although colonial disputes were sometimes brought to court as were cases relating to Scotland and Ireland.
The booklet is in two parts. The first describes why the records of Equity Courts are worth looking into and answering such questions as what sought of cases were brought to these courts, what sort of people brought them and how easy are they to read. The second part describes the records themselves, and the indexes and calendars that will enable you to look at them together with some guidelines on searching them effectively.
£5.95 Manufacturer/Publisher: FFHS Publications Binding: Paperback Author: Susan T Moore SKU: 9781860061639 https://shop.nationalarchives.gov…
No, I haven’t read it, but from the confused reports I have read about their proceedings, should I need to become knowledgeable about such a proceeding, having a guide like this would come in very handy.
I did find it interesting that the publisher also described themselves firstly as the manufacturer. That might possibly indicate that no fact checking or proofreaders were involved, or am I just being overly cynical?
6 Annotations
First Reading
GerryS • Link
Being in chancery presented a real threat to financial well-being. For an explanation of "in chancery" and its continuance into the 19th Century see this BBC link.
http://www.bbc.co.uk/education/be…
See also Charles Dickens's novel 'Bleak House' and John Galsworthy's 'In Chancery' (1920), part of the Forsyte Saga series, looking at the personal toll such legal action can take on the individual.
Another interesting reference is from dictionary.com, quoting Webster's Revised Unabridged Dictionary,
cumgranosalis • Link
As recorded by Samuel Johnson:
" chancery n.s. [from chancellor; probably chancellery; then shortened]
The court of equity and concience,moderating the vigour of other courts, that are tied to the letter of the law; whereof the lord chancellor of England is the chief judge, or the lord keeper of the great seal Cowel"
a quote: " The contumacy and contempt of the party must signified in the court of the chancery, by the bishops letters under the seal episcopal. "
Ayliffe's Parergon
Terry Foreman • Link
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of lunatics and the guardianship of infants. Its initial role was somewhat different though; as an extension of the Lord Chancellor's role as Keeper of the King's Conscience, the Court was an administrative body primarily concerned with conscientious law. Thus the Court of Chancery had a far greater remit than the common law courts, whose decisions it had the jurisdiction to overrule for much of its existence, and was far more flexible. http://en.wikipedia.org/wiki/Cour…
Michael Robinson • Link
"The Court of Chancery ...to avoid the slow pace of change ...and was far more flexible."
Jarndyce and Jarndyce, etc.
http://en.wikipedia.org/wiki/Jarn…
Second Reading
Bill • Link
CHANCERY, a Court of Equity and Conscience, moderating the Severity of other Courts that are more strictly tied to the Rigour of the Law
---An Universal Etymological English Dictionary. N. Bailey, 1675.
San Diego Sarah • Link
In 2022 a new book was published: “Family Feuds: An Introduction to Chancery Proceedings”. Amongst historians, Chancery Proceedings has become a generic term that encompasses the records of all courts of equity.
For the purposes of this book, it is used to cover the records not just of the court of Chancery but of the other principal courts of equity.
The jurisdiction of the courts covered England and Wales only, although colonial disputes were sometimes brought to court as were cases relating to Scotland and Ireland.
The booklet is in two parts. The first describes why the records of Equity Courts are worth looking into and answering such questions as what sought of cases were brought to these courts, what sort of people brought them and how easy are they to read. The second part describes the records themselves, and the indexes and calendars that will enable you to look at them together with some guidelines on searching them effectively.
£5.95
Manufacturer/Publisher: FFHS Publications
Binding: Paperback
Author: Susan T Moore
SKU: 9781860061639
https://shop.nationalarchives.gov…
No, I haven’t read it, but from the confused reports I have read about their proceedings, should I need to become knowledgeable about such a proceeding, having a guide like this would come in very handy.
I did find it interesting that the publisher also described themselves firstly as the manufacturer. That might possibly indicate that no fact checking or proofreaders were involved, or am I just being overly cynical?