CHAPTER XII 
PERIOD OF EQUITY 
The third period in the historical development of Anglo- 
American law began with the triumph of Lord Ellesmere, 
chancellor, over Lord Coke, chief justice of the King’s Bench, 
in 1613-1616, and it continued thru the life of Lord Mans- 
held, who died in 1793, altho many characteristics of a fourth 
period began to manifest themselves as early as the publica- 
tion of Blackstone’s Commentaries in 1765. Thus the period 
lasted nearly two centuries, roughly the seventeenth and 
eighteenth centuries. This was a short period as compared 
with the Strict Period which lasted over three centuries 
(roughly the fourteenth, fifteenth, and sixteenth), and the 
Archaic Period which lasted over eight centuries (roughly 
fifth to thirteenth inclusive), but a long period as compared 
with the periods by which it was to be succeeded. 
Characteristics. The end of the law in this period was the 
protection of morals. This social interest was more impor- 
tant than general security. The period marked a revulsion 
against the strictness and certainty of the Strict Period, and 
it was characterized by justice without formality. Duties 
were emphasized more than remedies. The social interest 
referred to was protected, for the most part, by a reform 
and development of the substantive law of legal capacities as 
found in the great subjects of crimes, torts, property, con- 
tracts, and public callings. It was also protected to some 
extent by new remedial rights developed by equity. But there 
was little or no protection by new courts and reforms in 
legal procedure, altho some brave attempts of this sort were 
made. The reforms and development of the law were car- 
ried forward by equity, legislation by Parliament, and some 
great common law judges at the head of whom stands Lord 
Mansfield. 
Legislation. The Restoration was a date almost as im- 
portant as the date of the quarrel between Coke and Elles- 
mere, for it promised a comprehensive legislative reform of 
the law, especially of legal procedure, but the people had be- 
come so tired of change and confusion that the promise was 
not fully realized. Some important reforms of substantive law 
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