ABSTRACT
Equity, unlike the common law, was never intended to be an independent system of law. It presupposed the existence of the common law which it supplemented and modified. The history of equity is intimately connected with the common law writ system, the rigidity of the common law, the Lord Chancellor and the Court of Chancery. Petitions to the King in Council to do justice were made as a consequence of the inflexibility of the common law system of justice. Originally, an action in the King’s Courts commenced only with a writ, but this was only available in a limited number of cases. In addition, changing social conditions gave rise to novel disputes, including the ‘use’ (the forerunner to the trust). The effect was that aggrieved parties petitioned the King in Council to do justice. These petitions were transferred to the Lord Chancellor who, after a period of reflection, made his decision. Ultimately, the Court of Chancery was set up to deal with such cases. The rulings by the Court of Chancery formed a body of law called equity.
