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''[[England]] [[Image:Gotoarrow.png]] [[England Court Records|England Court Records]]'' | |||
=== Chancery Court === | === Chancery Court === | ||
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Equity is a system of justice based on conscience and fairness rather than on the strict rules of common law. A decision ''in equity'' was one given in accordance with natural justice where the law did not provide adequate remedy, or in which its operation would have been unfair. After the Reformation lawyers tended to be appointed as chancellors and they regarded decisions in equity as precedents and thus equity soon became an organized system of rules as rigid as those of law. Chancery business became more rigid, slow and expensive because chancery clerks were paid fees not salaries, so the more paperwork they could generate the higher their income. However this system had benefits for the future genealogist with the volume of documents generated! Chancery is the court with more surviving records than any other. | Equity is a system of justice based on conscience and fairness rather than on the strict rules of common law. A decision ''in equity'' was one given in accordance with natural justice where the law did not provide adequate remedy, or in which its operation would have been unfair. After the Reformation lawyers tended to be appointed as chancellors and they regarded decisions in equity as precedents and thus equity soon became an organized system of rules as rigid as those of law. Chancery business became more rigid, slow and expensive because chancery clerks were paid fees not salaries, so the more paperwork they could generate the higher their income. However this system had benefits for the future genealogist with the volume of documents generated! Chancery is the court with more surviving records than any other. | ||
The system became so moribund during the early 19<sup>th</sup> century that reforms were made, culminating in the incorporation of chancery as simply a division in the new High Court of Justice in 1873-1875 and the empowering of judges to administer both law and equity.<br> | The system became so moribund during the early 19<sup>th</sup> century that reforms were made, culminating in the incorporation of chancery as simply a division in the new High Court of Justice in 1873-1875 and the empowering of judges to administer both law and equity.<br> | ||
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==== Country Depositions ==== | ==== Country Depositions ==== | ||
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{{reflist}} | {{reflist}} | ||
{{-}} </div> | {{-}} </div> | ||
[[Category:England|Chancery Court Records]] | [[Category:England|Chancery Court Records]] | ||