The term "Chancery" has its roots steeped in medieval history, primarily denoting a branch of judicial administration. Historically, Chancery was the office of a Chancellor, who served as the king's secretary or chief secretary of state in most European countries. The Chancellor was responsible for the management of all governmental and legal documents, especially those to which the great seal needed to be applied. Over time, the role of the Chancery evolved, particularly in England, where it became synonymous with the equitable jurisdiction exercised by the Lord Chancellor. Unlike the law courts, which were rigid in their procedures and could only award monetary damages, the Chancery dealt with issues of fairness and could order acts performed or stopped.
In England, the Court of Chancery became a key judicial body, which essentially functioned to address cases that fell outside the rigid frameworks of common law. The court was known for dealing with matters that required more than the typical legal remedies, such as those involving trusts, land law, the administration of estates, and guardianships. This made the Chancery a vital institution for those seeking relief that common law courts were incapable of providing. The proceedings in Chancery were traditionally conducted in writing, and decisions were based not on precedent but on the principles of equity and conscience, with a focus on achieving fairness.
The Chancery's influence is also significant in the context of legal documents and record-keeping. The term "chancery hand" refers to a set of cursive, script handwritings used in the Middle Ages, primarily for English and Latin writing. This style was predominantly employed by the clerks who worked in the Chancery, and it became the standard for legal copying in England. The meticulous nature of document preservation and the creation of written records in the Chancery contributed significantly to the development of administrative and bureaucratic practices in governance.
In modern legal contexts, particularly in the United States, "Chancery" courts still exist in a few states like Delaware, Mississippi, and Tennessee. These courts primarily handle equity cases involving issues like trusts, estates, contracts, and other matters where legal remedies are insufficient. The decisions in these courts are made by a Chancellor, echoing the historical role of the Chancellor in England. The continuing existence of these courts highlights the enduring relevance of the principles of equity and fairness in the legal system. The term has also permeated other areas, with "Chancery" being used metaphorically to describe situations involving excessive bureaucracy or legalistic maneuvering.