‘ Equitatis Causa ’: ‘Equity’ in the Practice of the Court of Chancery, 1515–1615
Abstract
It is well known that in Tudor times there was a ‘shift from “conscience” to “equity”’[1] in the Court of Chancery, reflected in Serjeant Barham’s dictum in 1572 that in relation to uses upon uses, the ‘course of the Chancery by reason of equity (equitatis causa) is used contrary to the common law’.[2] In this period lie the roots of the lasting association between the term ‘equity’ and the English-side jurisdiction of the Court of Chancery.
Fields of Study & Subjects
Medieval and Early Modern Justice
Legal principles and applications
Historical Economic and Legal Thought
Publication details
- Journal / source
- Hart Publishing eBooks
- Pages
- 187–206
- Publication date
- 1 January 2026
- Language
- EN