Difference between revisions of "Treatise of Equity"
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{{DISPLAYTITLE:''A Treatise of Equity''}} | {{DISPLAYTITLE:''A Treatise of Equity''}} | ||
===by Henry Ballow=== | ===by Henry Ballow=== | ||
| − | |||
{{BookPageInfoBox | {{BookPageInfoBox | ||
|imagename=BallowTreatiseOfEquity1737TitlePage.jpg | |imagename=BallowTreatiseOfEquity1737TitlePage.jpg | ||
| − | |link=https:// | + | |link=https://wm.primo.exlibrisgroup.com/permalink/01COWM_INST/g9pr7p/alma991000724549703196 |
| + | |text=BallowTreatiseOfEquity1737.pdf | ||
| + | |textsize=9MB | ||
|shorttitle=A Treatise of Equity | |shorttitle=A Treatise of Equity | ||
| − | |author=Henry Ballow | + | |author=[[:Category:Henry Ballow|Henry Ballow]] |
| − | |publoc=London, In the Savoy | + | |publoc=[[:Category:London|London, In the Savoy]] |
|publisher=Printed by E. and R. Nutt, and R. Gosling, (assigns of Edward Sayer) for D. Browne, at the Black Swan without Temple-Bar; and J. Shuckburgh, at the Sun next the Inner Temple gate in Fleetstreet | |publisher=Printed by E. and R. Nutt, and R. Gosling, (assigns of Edward Sayer) for D. Browne, at the Black Swan without Temple-Bar; and J. Shuckburgh, at the Sun next the Inner Temple gate in Fleetstreet | ||
|year=1737 | |year=1737 | ||
|edition=First | |edition=First | ||
| − | |lang=English | + | |lang=[[:Category:English|English]] |
|pages=7, 132 | |pages=7, 132 | ||
| − | |desc=Folio (32 cm.) | + | |desc=[[:Category:Folios|Folio]] (32 cm.) |
| − | }}[ | + | |shelf=K-5 |
| − | + | }}[[wikipedia:Henry Ballow|Henry Ballow]] (Bellewe) (1704? – 1782) was admitted to [[wikipedia:Magdalene College, Cambridge|Magdalene College]] in 1720 and admitted to [[wikipedia:Lincoln's Inn|Lincoln's Inn]] the following year.<ref>N.G. Jones "[http://www.oxforddnb.com/view/article/1242 Ballow, Henry (b. 1704?, d. 1782]," ''Oxford Dictionary of National Biography'' (Oxford University Press, 2004- ), accessed March 20, 2014.</ref> He was called to the bar in 1728 and became deputy chamberlain in 1731, a position he may have received through his close relationship with the elite Townshend family or through the influence of his father, who may have held the same position at one time.<ref>Ibid.</ref> | |
| − | Ballow had a reputation as a | + | |
| − | + | Ballow had a reputation as a scholarly man, despite the criticisms of his contemporaries, who described him as "a little deformed man" with "vulgar manners."<ref>Ibid.</ref> He was known for his proficiency with the Greek language and as a master of the "old philosophy."<ref>William Holdsworth, ''A History of English Law'' (London: Methuen & Co., Sweet and Maxwell, 1938), 12:192.</ref> Ballow produced one of the most influential treatises on equity: ''A Treatise of Equity'', first published in 1737. | |
| − | Although ''A Treatise of Equity'' was published anonymously, scholars are fairly confident about its authorship. They cite the assertion of two separate contemporaries | + | |
| − | + | Although ''A Treatise of Equity'' was published anonymously, scholars are fairly confident about its authorship. They cite the assertion of two separate contemporaries to support this claim.<ref>Ibid., 191.</ref> However, that it was written only ten years into Ballow's legal career and reveals the influence of Roman law training upon the author creates some doubt.<ref>Jones, "Ballow, Henry."</ref> Nevertheless, the written evidence strongly supports the assertion that Ballow was the author.<ref>Holdsworth, ''A History of English Law,'' 191.</ref> | |
| − | + | ||
| + | It is generally regarded as well written, even though Ballow cites few authorities and does not include references for cases.<ref>Ibid.</ref> For those familiar with the case law at the time, Ballow evidently included enough detail that the cases could be readily identified.<ref>Ibid.</ref> However, for those unfamiliar with the law of equity, this would have greatly diminished the work’s value.<ref>Ibid.</ref> Because of this omission, [[wikipedia:John Anthony Fonblanque|John Fonblanque]] sought to update Ballow's work.<ref>Ibid., 193.</ref> His commentaries, published in 1793, brought the work up to date with the ever-changing contours of equity law and added the omitted citations.<ref>Ibid.</ref> Amended, the work maintained its prominence and went into a fifth edition in 1820.<ref>Ibid.</ref> | ||
==Evidence for Inclusion in Wythe's Library== | ==Evidence for Inclusion in Wythe's Library== | ||
| − | Listed in the [[Jefferson Inventory]] of [[Wythe's Library]] as "Treatise on Equity, fol." and given by [[Thomas Jefferson]] to [[Dabney Carr]]. The first edition is the only folio edition of this work.<ref>''English Short Title Catalog'', http://estc.bl.uk, search of "Treatise of Equity" reveals only one folio edition.</ref> Both the [https://digitalarchive.wm.edu/handle/10288/13433 Brown Bibliography]<ref> Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433</ref> and [http://www.librarything.com/profile/GeorgeWythe George Wythe's Library]<ref>''LibraryThing'', s. v. "Member: George Wythe," accessed on April 21, 2013 | + | Listed in the [[Jefferson Inventory]] of [[Wythe's Library]] as "Treatise on Equity, fol." and given by [[Thomas Jefferson]] to [[Dabney Carr]]. The first edition is the only folio edition of this work.<ref>''English Short Title Catalog'', http://estc.bl.uk, search of "Treatise of Equity" reveals only one folio edition.</ref> Both the [https://digitalarchive.wm.edu/handle/10288/13433 Brown Bibliography]<ref> Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433</ref> and [http://www.librarything.com/profile/GeorgeWythe George Wythe's Library]<ref>''LibraryThing'', s.v. "[http://www.librarything.com/profile/GeorgeWythe Member: George Wythe]," accessed on April 21, 2013.</ref> on LibraryThing include the first edition of this title. The Wolf Law Library followed their recommendations and purchased a copy of the same edition. |
==Description of the Wolf Law Library's copy== | ==Description of the Wolf Law Library's copy== | ||
| − | Bound in contemporary calf with blind rules to the boards and blind fillets along the joints. The spine features raised raised bands and a lettering piece. Purchased from the Lawbook Exchange, Ltd. | + | Bound in contemporary calf with blind rules to the boards and blind fillets along the joints. The spine features raised raised bands and a lettering piece. Purchased from the Lawbook Exchange, Ltd. |
| − | + | ||
| − | View this book in [https:// | + | Images of the library's copy of this book are [https://www.flickr.com/photos/wolflawlibrary/albums/72157637876955975 available on Flickr.] View the record for this book in [https://wm.primo.exlibrisgroup.com/permalink/01COWM_INST/g9pr7p/alma991000724549703196 William & Mary's online catalog.] |
| + | |||
| + | ===Full text=== | ||
| + | *[http://lawlibrary.wm.edu/wythepedia/library/BallowTreatiseOfEquity1737.pdf ''A Treatise of Equity''] (10MB PDF) | ||
| + | |||
| + | ==See also== | ||
| + | *[[George Wythe Room]] | ||
| + | *[[Jefferson Inventory]] | ||
| + | *[[Wythe's Library]] | ||
==References== | ==References== | ||
<references/> | <references/> | ||
| + | __NOTOC__ | ||
| + | [[Category:Dabney Carr's Books]] | ||
[[Category:Equity]] | [[Category:Equity]] | ||
[[Category:George Wythe Collection at William & Mary's Wolf Law Library]] | [[Category:George Wythe Collection at William & Mary's Wolf Law Library]] | ||
| + | [[Category:Henry Ballow]] | ||
[[Category:Titles in Wythe's Library]] | [[Category:Titles in Wythe's Library]] | ||
| + | |||
| + | [[Category:English]] | ||
| + | [[Category:Folios]] | ||
| + | [[Category:London]] | ||
Latest revision as of 14:30, 4 October 2021
by Henry Ballow
| A Treatise of Equity | |
 Title page from A Treatise of Equity, George Wythe Collection, Wolf Law Library, College of William & Mary. | |
| Author | Henry Ballow |
| Published | London, In the Savoy: Printed by E. and R. Nutt, and R. Gosling, (assigns of Edward Sayer) for D. Browne, at the Black Swan without Temple-Bar; and J. Shuckburgh, at the Sun next the Inner Temple gate in Fleetstreet |
| Date | 1737 |
| Edition | First |
| Language | English |
| Pages | 7, 132 |
| Desc. | Folio (32 cm.) |
| Location | Shelf K-5 |
Henry Ballow (Bellewe) (1704? – 1782) was admitted to Magdalene College in 1720 and admitted to Lincoln's Inn the following year.[1] He was called to the bar in 1728 and became deputy chamberlain in 1731, a position he may have received through his close relationship with the elite Townshend family or through the influence of his father, who may have held the same position at one time.[2]
Ballow had a reputation as a scholarly man, despite the criticisms of his contemporaries, who described him as "a little deformed man" with "vulgar manners."[3] He was known for his proficiency with the Greek language and as a master of the "old philosophy."[4] Ballow produced one of the most influential treatises on equity: A Treatise of Equity, first published in 1737.
Although A Treatise of Equity was published anonymously, scholars are fairly confident about its authorship. They cite the assertion of two separate contemporaries to support this claim.[5] However, that it was written only ten years into Ballow's legal career and reveals the influence of Roman law training upon the author creates some doubt.[6] Nevertheless, the written evidence strongly supports the assertion that Ballow was the author.[7]
It is generally regarded as well written, even though Ballow cites few authorities and does not include references for cases.[8] For those familiar with the case law at the time, Ballow evidently included enough detail that the cases could be readily identified.[9] However, for those unfamiliar with the law of equity, this would have greatly diminished the work’s value.[10] Because of this omission, John Fonblanque sought to update Ballow's work.[11] His commentaries, published in 1793, brought the work up to date with the ever-changing contours of equity law and added the omitted citations.[12] Amended, the work maintained its prominence and went into a fifth edition in 1820.[13]
Evidence for Inclusion in Wythe's Library
Listed in the Jefferson Inventory of Wythe's Library as "Treatise on Equity, fol." and given by Thomas Jefferson to Dabney Carr. The first edition is the only folio edition of this work.[14] Both the Brown Bibliography[15] and George Wythe's Library[16] on LibraryThing include the first edition of this title. The Wolf Law Library followed their recommendations and purchased a copy of the same edition.
Description of the Wolf Law Library's copy
Bound in contemporary calf with blind rules to the boards and blind fillets along the joints. The spine features raised raised bands and a lettering piece. Purchased from the Lawbook Exchange, Ltd.
Images of the library's copy of this book are available on Flickr. View the record for this book in William & Mary's online catalog.
Full text
- A Treatise of Equity (10MB PDF)
See also
References
- ↑ N.G. Jones "Ballow, Henry (b. 1704?, d. 1782," Oxford Dictionary of National Biography (Oxford University Press, 2004- ), accessed March 20, 2014.
- ↑ Ibid.
- ↑ Ibid.
- ↑ William Holdsworth, A History of English Law (London: Methuen & Co., Sweet and Maxwell, 1938), 12:192.
- ↑ Ibid., 191.
- ↑ Jones, "Ballow, Henry."
- ↑ Holdsworth, A History of English Law, 191.
- ↑ Ibid.
- ↑ Ibid.
- ↑ Ibid.
- ↑ Ibid., 193.
- ↑ Ibid.
- ↑ Ibid.
- ↑ English Short Title Catalog, http://estc.bl.uk, search of "Treatise of Equity" reveals only one folio edition.
- ↑ Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433
- ↑ LibraryThing, s.v. "Member: George Wythe," accessed on April 21, 2013.
