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A Treatise Of Equity by Henry Ballow is presented here in an early 19th-century edition (1820) with marginal notes by John Fonblanque. This excerpt comprises the Preface, a Contents list, and the opening portions of Book I and part of Book II, establishing the philosophical and doctrinal groundwork of equity. It frames equity as a justice-based supplement to law, rooted in natural right and virtue, designed to supply remedies where strict legal application would be unfair or incomplete. The Preface discusses manuscript attributions to Henry Bartow and the editor’s plan to update the text with modern authorities while preserving the original work, and the dedication to Lord Eldon situates the treatise within established equity jurisprudence. The core themes emphasize equity’s nature and purpose, its relationship to law, and its jurisdictional boundaries—primarily, contracts and voluntary agreements, while excluding most torts and criminal matters. The opening sections define equity as the complement to law, consider assent, capacity, and the necessity of evidence of consent, and outline the subject matter of covenants, the role of consideration, and the remedy-oriented character of equity, including specific performance, discovery, and injunctions. The work is polemical and learned, drawing on Grotius, Puffendorf, Blackstone, Coke, and case law to argue for a theory of equity within English jurisprudence.
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