Difference between revisions of "Treatise of Equity"

From Wythepedia: The George Wythe Encyclopedia
Jump to: navigation, search
m
m
 
(33 intermediate revisions by 11 users not shown)
Line 1: Line 1:
 
{{DISPLAYTITLE:''A Treatise of Equity''}}
 
{{DISPLAYTITLE:''A Treatise of Equity''}}
−
<big>'''by Henry Ballow'''</big>
+
===by Henry Ballow===
 +
{{BookPageInfoBox
 +
|imagename=BallowTreatiseOfEquity1737TitlePage.jpg
 +
|link=https://wm.primo.exlibrisgroup.com/permalink/01COWM_INST/g9pr7p/alma991000724549703196
 +
|text=BallowTreatiseOfEquity1737.pdf
 +
|textsize=9MB
 +
|shorttitle=A Treatise of Equity
 +
|author=[[:Category:Henry Ballow|Henry Ballow]]
 +
|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
 +
|year=1737
 +
|edition=First
 +
|lang=[[:Category:English|English]]
 +
|pages=7, 132
 +
|desc=[[:Category:Folios|Folio]] (32 cm.)
 +
|shelf=K-5
 +
}}[[wikipedia:Henry Ballow|Henry Ballow]] (Bellewe) (1704? &ndash; 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>
  
−
Henry Ballow was an English legal writer and deputy chamberlain of the exchequer who lived from 1704 to 1782.<ref>N. G. Jones, ‘Ballow, Henry (1704?–1782)’, ''Oxford Dictionary of National Biography'', Oxford University Press, 2004, [http://www.oxforddnb.com.proxy.wm.edu/view/article/1242, accessed 20 April 2013]</ref> ''A Treatise of Equity'' was the standard treatise on equity before Story's ''Commentaries on Equity Jurisprudence'' (1836). According to Holdsworth, it "can be taken as a good starting point for the history of the development of many of the principles and rules of modern equity."<ref>''History of English Law'' VI:191; Sweet & Maxwell, ''A Legal Bibliography of the British Commonwealth'' 1:255</ref>
+
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.
  
−
The work was <blockquote>published anonymously in 1737 ... appeared in 1793–4 with references and substantial notes by John Fonblanque, and reached its fifth edition in 1820. The treatise provided, in six short books, a systematic explanation of equity in terms of contract theory. The author regarded the specific enforcement of contracts as the core of equity, and his work represents for later generations the state of equity in the period between the times of the great lord chancellors Lord Nottingham and Lord Hardwicke. The treatise was founded upon the cases, the results of which it stated accurately, though the author cited very few authorities and gave no references to the cases, which rendered the book less valuable to the student than it might have been. Ballow's authorship, though generally accepted, is not certain. Fonblanque pointed out that if Ballow were the author he had produced the work while still of less than ten years' standing at the bar. Further doubt may arise from the apparent influence of Roman law training upon the book's method. However, Francis Hargrave's copy contains a note by Hargrave that the book was written by Mr Bellewe, and one of the manuscripts which passed to Lord Camden as Ballow's literary executor contained a large portion of the work, revised and corrected apparently for publication.<ref>N. G. Jones, ‘Ballow, Henry’.</ref></blockquote>
+
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]]. 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, http://www.librarything.com/profile/GeorgeWythe </ref> on LibraryThing list the 1737 (first) edition of this title as the one intended by Jefferson's entry. That the first edition is the only folio edition of this work strongly supports their conclusions.
+
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==
−
The Wolf Law Library owns a copy of the first edition, printed in London in 1737 by E. and R. Nutt, and R. Gosling, assigns of Edward Sayer, for D. Browne and J. Shuckburgh. The copy is 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. The library purchased this title 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.
  
−
===References===
+
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/>
  
−
[[Category:Books]]
+
__NOTOC__
−
[[Category:Legal Treatises]]
+
[[Category:Dabney Carr's Books]]
 +
[[Category:Equity]]
 +
[[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
BallowTreatiseOfEquity1737TitlePage.jpg

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 K-5
  [[Shelf {{{shelf2}}}]]

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

See also

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. ↑ William Holdsworth, A History of English Law (London: Methuen & Co., Sweet and Maxwell, 1938), 12:192.
  5. ↑ Ibid., 191.
  6. ↑ Jones, "Ballow, Henry."
  7. ↑ Holdsworth, A History of English Law, 191.
  8. ↑ Ibid.
  9. ↑ Ibid.
  10. ↑ Ibid.
  11. ↑ Ibid., 193.
  12. ↑ Ibid.
  13. ↑ Ibid.
  14. ↑ English Short Title Catalog, http://estc.bl.uk, search of "Treatise of Equity" reveals only one folio edition.
  15. ↑ 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
  16. ↑ LibraryThing, s.v. "Member: George Wythe," accessed on April 21, 2013.
Retrieved from "http://lawlibrary.wm.edu/wythepedia/index.php?title=Treatise_of_Equity&oldid=71653"