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===
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[[File:BallowTreatiseOfEquity1737TitlePage.jpg|right|thumb|200px|Title Page from [https://catalog.swem.wm.edu/law/Record/2949652 ''A Treatise of Equity''], George Wythe Collection, Wolf Law Library, College of William & Mary]]
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|imagename=BallowTreatiseOfEquity1737TitlePage.jpg
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|link=https://wm.primo.exlibrisgroup.com/permalink/01COWM_INST/g9pr7p/alma991000724549703196
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|text=BallowTreatiseOfEquity1737.pdf
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|textsize=9MB
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|shorttitle=A Treatise of Equity
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|author=[[:Category:Henry Ballow|Henry Ballow]]
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|publoc=[[:Category:London|London, In the Savoy]]
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|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
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|year=1737
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|edition=First
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|lang=[[:Category:English|English]]
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|pages=7, 132
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|desc=[[:Category:Folios|Folio]] (32 cm.)
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|shelf=K-5
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}}[[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>
  
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Henry Ballow [Bellewe] (1704?-1782), legal writer, was admitted to Magdalene College, Cambridge in 1720 and admitted to 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 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.<ref>Ibid.</ref> Ballow never married and died suddenly in 1782.<ref>Ibid.</ref>
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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.
  
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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>
  
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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.”<ref>Ibid.</ref> He was known for his proficiency with the Greek language and was considered a master of the “old philosophy.” <ref>William Holdsworth, ''A History of English Law'', (London: Methuen & Co., Sweet and Maxwell, 1938), 12:192</ref> 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.<ref>Ibid. 193</ref> This was no small feat as the field of equity in this period was marked by rapid change.<ref>Ibid. 192</ref>
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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>
  
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==Evidence for Inclusion in Wythe's Library==
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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.
  
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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. <ref>Ibid. 191</ref>  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.<ref>N.G. 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>
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==Description of the Wolf Law Library's copy==
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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.
  
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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.]
  
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The work, in six volumes, was the best of its time concerning the rapidly developing field of equity.<ref>Ibid. 192</ref> It is generally regarded as well written; however, 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 would be readily known.<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 the need for authorities, John Fonblanque sought to update Ballow’s work.<ref>Ibid. 193</ref> 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.<ref>Ibid.</ref>  Amended, the work maintained its prominence and went into a fifth edition in 1820.<ref>Ibid.</ref>
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===Full text===
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*[http://lawlibrary.wm.edu/wythepedia/library/BallowTreatiseOfEquity1737.pdf ''A Treatise of Equity''] (10MB PDF)
  
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==See also==
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*[[George Wythe Room]]
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*[[Jefferson Inventory]]
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*[[Wythe's Library]]
  
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==Bibliographic Information==
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==References==
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'''Author:''' Henry Ballow, (1704?-1782)
 
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'''Title:''' ''A Treatise of Equity''.
 
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<div style="margin-left:2em; text-indent:-2em;">'''Publication Info:''' 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, 1737.</div>
 
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'''Edition:''' First edition.
 
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==Evidence for Inclusion in Wythe's Library==
 
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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, http://www.librarything.com/profile/GeorgeWythe </ref> on LibraryThing include this edition of this title.
 
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==Description of the Wolf Law Library's copy==
 
−
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.<br />
 
−
<br />
 
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View this book in [https://catalog.swem.wm.edu/law/Record/2949652 William & Mary's online catalog.]
 
−
 
 
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===References===
 
 
<references/>
 
<references/>
  
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__NOTOC__
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[[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]]
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[[Category:Henry Ballow]]
 
[[Category:Titles in Wythe's Library]]
 
[[Category:Titles in Wythe's Library]]
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[[Category:English]]
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[[Category:Folios]]
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[[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.
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