-      Before the mid-12th century: Germanic customs varied among different groups, with society dominated by violence and private justice. To mitigate this instability, a system of monetary compensation (finis compositionis) was introduced as a means of resolving disputes.

-       First turning point – 1066: The Norman Conquest under William the Conqueror marked a fundamental shift in English governance and legal administration.

-       Second turning point – 1154: The accession of King Henry II brought significant judicial reforms, particularly the expansion of royal justice through itinerant judges and the development of the writ system.

• Henry II’s role: Strengthening peace and improving access to justice.
• Royal justice and the writ: Initially an administrative order issued by the king to royal officers, the writ evolved into the primary mechanism for initiating legal actions before the king’s courts, reflecting the growing centralization of royal authority.
• Introduction of bureaucratic reforms: Strengthened legal administration and expanded royal control over justice.
• 1166 – Assize of Clarendon: Established itinerant royal justices, reinforcing Henry II’s legal reforms and laying the foundation for the common law system

By the 13th century, the institutional framework of common law was firmly established. The system had become highly bureaucratized, with organized institutions and departments ensuring the centralization of legal administration.

·  Key features of the common law system:

• Established courts: A structured judicial hierarchy was in place, ensuring consistent legal decisions.
• Professional judiciary: Judges were now well-educated in law, ensuring that legal rulings were made with expertise and consistency.
• Expansion of the writ system: The number of writs increased significantly, reinforcing the role of royal justiceand standardizing legal procedures.
• Adaptability: A defining characteristic of common law was its ability to evolve and address new legal issues as they arose.

·  Concept of justice: The legal system was rooted in the classical principle of "suum cuique tribuere"—to give each their due.

• Commutative justice: Based on arithmetic equality, ensuring fairness in exchanges and transactions.
• Distributive justice: Based on geometric equality, distributing resources and responsibilities according to merit, status, or need

Bills as Complaints Addressed to the King

• Citizens submitted bills (petitions) to the king, seeking justice when common law remedies were inadequate.
• These petitions covered a wide range of legal and administrative grievances.
• The chancellor, as the king’s chief advisor, reviewed and processed these complaints.
• The Chancery, the first administrative body, played a crucial role in handling these petitions.

The Chancellor’s Role and Early Competence

• Initially, the chancellor had administrative functions, including overseeing royal correspondence and legal matters.
• Over time, the chancellor assumed judicial functions, particularly when common law courts failed to provide sufficient remedies.
• This practice laid the foundation for the equity system, as the chancellor dispensed justice based on principles of fairness rather than rigid legal rules.

Chancellor’s Authority Over Bills and Decrees

• Complaints referred to the chancellor were resolved either through his direct intervention or by delegation.
• The chancellor had the power to issue decrees on his own authority, bypassing common law procedures.
• These decisions, grounded in fairness, introduced discretionary justice, complementing the formalism of common law.

Reasons for Reference to the Chancellor

• Common law remedies were often too rigid and inflexible to address all disputes.
• Litigants sought relief when the common law courts failed to provide adequate remedies.
• The chancellor’s decisions were more adaptable, considering moral and equitable principles rather than strict legal precedent.

The Development of Petitions and Procedural Evolution (14th Century)

• By the 14th century, petitions became a well-established means of seeking justice beyond the common law.
• The petitioning process evolved into a structured system within the Chancery, leading to the formalization of equitable relief.
• This development marked the transition from discretionary rulings by the chancellor to a more organized equitable jurisdiction, eventually forming the basis of the Court of Chancery.

14th century: The Chancellor and their staff began operating as a formal court of equity, distinct from the common law courts. The Chancellor, originally a royal official, handled petitions from individuals seeking justice when common law remedies were inadequate.

Legal expertise of the Chancellor: By this period, Chancellors were increasingly well-versed in legal matters, often trained at the Inns of Court, the primary institutions for legal education in England. Their knowledge allowed them to develop equitable principles to supplement rigid common law rules.

15th century – Recognition of judicial authority: The judicial power of the Court of Chancery became firmly established. It was seen as a court delivering the highest degree of justice, focusing on fairness rather than strict legal procedures.

 Late 17th century – Professionalization of the Chancery: By the end of the 17th century, only lawyers were appointed as Chancellors, reflecting the increasing demand for legally trained judges in equity courts. It became crucial for the Chancellor to be formally educated in law to ensure consistency and legitimacy in decision-making.

 Reason for the Court of Chancery’s emergence:

The common law system faced significant procedural difficulties, particularly with the writ system, where selecting the wrong writ could result in a case being dismissed.

Many litigants petitioned the King directly for justice, leading to the creation of the Court of Chancery, which addressed cases where common law remedies were insufficient, offering more flexibility and fairness in legal outcomes.