‘ Equitatis Causa ’: ‘Equity’ in the Practice of the Court of Chancery, 1515–1615

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Authors: NG Jones, Susanne Brand
Cited by: 0

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