British Equitable Generation And Early Development

Equity is fairness, justice, or the principle of natural justice. In jurisdiction, Equity is the case law or rules which supplement and amend the main law according to the principle of natural justice. English Equity is an important historical source of English legal system. Its particularity lies in that it developed not only the substantive and procedure rules, but also its specialized judicial hierarchy梩he court of Chancery coexisting with the common law courts. English Equity germinated within the cases of the common law during 12 ?3 century, such as the protection of the use and mortgage, the using of specific performance, prohibition and the bills. Although the Equity rules at this time were fragmentary, ambiguous and dependable to the common law courts in their execution, they manifested the features of Equity rights and remedies. The rudiments of English Equity laid the foundation for later judicial practice of the Chancellors. Two factors contributed to the formation of English Equity during 14?15 century. One was that the emergence of capitalism and social chaos produced an urgent need for new remedies. The other was the legal reason. During this period, the common law became rigid due to all kinds of reasons, not only in its substantive rules, but also in its trial procedure. Thus, more and more people could not be treated fairly because the rules of the common law were lacking or worked injustice. As a result, the disappointed party plead to the king or the king?s council for remedies beyond the common law. The Chancellor, as publisher of royal writs and the chief member of the council, took the most of ?? the responsibilities in dealing with the petitions. In 1474, he issued decision in his own authory, and the Chancery consequently turned into an independent judicial department. In the process of the Chancellors?judicial work, the substantive law and trial procedure of English Equity different from those of the common law formed. During 16 and the first half of 17 century, with the rapid development of capitalism, Equity which was supported and protected by the aristocrotic monarch developped greatly. The development of Equity could be devided into four aspects. The first was that the Chancery?s organization became standardized. Masters and clerks in the Chancery had more distinct responsibilities. The second was that the Chancery抯 laieization, especially the position of Chancellor being assumed by the common lawyer made the Chancery a more mateur court. The third one was that the judicial scope of English Equity was further defined, and as a result, the rules of Equity became rudimental system. Fourthly, the independence of Equity got more consolidated. English Equity profoundly affected not only the English legal history, but also the whole history of English. The formation and early development of English Equity, pushed forword the development of capitalism and English society?s transition from middle age to modem age. Judicially spe~ng,firstly, Equity supplemented the common law of new rights, new procedures and new remedies, and incited the reform of the common law. Secondly, Equity strengthened English dualism justice and brought vigor, flexibility and motivation to English justice.