It cannot be assumed that equity was following common law whenever they agreed, any more than the converse.
Consider the Essay as a political pamphlet on the Revolution side, and the fact that it was the Whig gospel for a century, and you will see its working merit.
Not that pleading can be taken as a test, for the forms of action, notably Debt, ignore the fundamental difference between duties imposed by law and duties created by the will of the parties.
Our lady the Common Law is a very wise old lady though she still has something to learn in telling what she knows.
