Difference between revisions of "Treatise of Equity"

Revision as of 09:35, 21 March 2014

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
Editor	{{{editor}}}
Translator	{{{trans}}}
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
Volumes	{{{set}}} volume set
Pages	7, 132
Desc.	Folio (32 cm.)
Location	[[Shelf {{{shelf}}}]]
	[[Shelf {{{shelf2}}}]]

Henry Ballow [Bellewe] (1704?-1782), legal writer, was admitted to Magdalene College, Cambridge in 1720 and admitted to Lincoln’s Inn the following year.^[1] He was called to 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 position at one time.^[2] Ballow never married and died suddenly in 1782.^[3]

Ballow had a reputation as a very scholarly man, despite the critiques of his contemporaries, who described him as “a little deformed man” with “vulgar manners.”^[4] He was known for his proficiency with the Greek language and was considered a master of the “old philosophy.” ^[5] Unsurprisingly, this great mind produced one of the most influential treatises on equity: A Treatise of Equity. Although first published in 1737, it went into a fifth edition in 1820.^[6] This was no small feat as the field of equity in this period was marked by rapid change.^[7]

Although A Treatise of Equity was published anonymously, scholars are fairly confident about its authorship. They cite the assertion of two separate contemporaries as support for this claim.^[8] However, the fact that it was written only ten years into Ballow’s legal career and reveals the influence of Roman law training upon the author lends some doubt to this hypothesis.^[9] Nevertheless, the written evidence strongly supports the assertion that Ballow was the author.^[10]

The work was the best of its time concerning the rapidly developing field of equity.^[11] It is generally regarded as well written; however, Ballow cites few authorities and does not include references for cases.^[12] For those familiar with the case law at the time, Ballow evidently included enough detail that the cases would be readily known.^[13] However, for those unfamiliar with the law of equity, this would have greatly diminished the work’s value.^[14] Because of this omission, John Fonblanque sought to update Ballow’s work.^[15] His commentaries, published in 1793, not only brought the work up to date with the ever-changing contours of equity law, but added the omitted citations.^[16] Amended, the work maintained its prominence and went into a fifth edition in 1820.^[17]

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.^[18] Both the Brown Bibliography^[19] and George Wythe's Library^[20] 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.

View this book in William & Mary's online catalog.

References

1. ↑ N.G. Jones "Ballow, Henry (b. 1704?, d. 1782", Oxford Dictionary of National Biography (Oxford University Press, 2004- ), accessed March 20, 2014.
2. ↑ Ibid.
3. ↑ Ibid.
4. ↑ Ibid.
5. ↑ William Holdsworth, A History of English Law (London: Methuen & Co., Sweet and Maxwell, 1938), 12:192.
6. ↑ Ibid, 193.
7. ↑ Ibid, 192.
8. ↑ Ibid, 191.
9. ↑ N.G. Jones, "Ballow, Henry."
10. ↑ Holdsworth, ‘’A History of English Law,’’ 191.
11. ↑ Ibid, 192.
12. ↑ Ibid.
13. ↑ Ibid.
14. ↑ Ibid.
15. ↑ Ibid, 193.
16. ↑ Ibid.
17. ↑ Ibid.
18. ↑ English Short Title Catalog, http://estc.bl.uk, search of "Treatise of Equity" reveals only one folio edition.
19. ↑ 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
20. ↑ LibraryThing, s. v. "Member: George Wythe," accessed on April 21, 2013.