| Popis: |
The equity side of the court of exchequer "is by far the most obscure of all the English jurisdictions," declared Plucknett. The purpose of this essay is to shed some light upon this court and to explore its jurisdiction, to introduce its staff, to discover its procedures, to explain its equity records, and perhaps to render Plucknett's statement obsolete. Institutional history has an unfortunate tendency to dryness and remoteness, which coupled with the author's literary short-comings portends a tedious undertaking for the reader of this work. However, a reminder of the immense importance- of institutional history for both the lawyer and the historian will, hopefully, overcome this initial discouragement. Substantive law is inextricably intermingled with the procedures of the court; the practicalities of the prosecution of a lawsuit can never be neglected. Of initial and fundamental importance is that for which the petitioner prays. In practical terms this was a remedy for a grievance or a complaint; in larger terms and in the context of this study, this was the prayer for equitable relief. This study demonstrates that equity was bigger than the chancery and that others besides the lord high chancellor had a hand in its development. It is true that the court of chancery was the most important court of equity, but the existence of an alternative high court of equity in the exchequer had a significant effect upon the development of equity and upon the chancery itself. |
