Criticisms of Courts of Equity In the first half of 19th century, the courts of Chancery were criticised for inordinate delays and inefficiency. Their procedure was extremely slow in particular that association with the Lord Chancellor Eldon. Equity had itself become procedural and rigid. Equity had been criticised for a mass of incompatible and irreconcilable decisions. The criticism was made that equity varied severely from […]
The Equitable Use The courts of Chancery concerned itself with matters relating to ownership of land. It evolved a number of important remedies and doctrines including in particular the use and the trust, the equity of redemption and the remedies of an injunction and specific performance. The user was the earlier version of the trust. An owner may transfer his land by conveyance to another […]
Nature of Equity Equity is a body of law and procedures which developed side by side with common law and statute law. It originated with the Court of Chancery. It sought to mitigate the harshness of the early common law which was as set out in separate chapters, rigid and such as to produce arbitrary unjust results in certain cases. Equity is synonymous with conscience, […]
Early Treasury The Treasury was responsible for raising money and managing Royal properties prior to the Norman conquest. The Normans introduced a centralised government. In the 12th century, the Exchequer took up permanent residence in the Palace of Westminster. In the early days, the Treasury quite literally comprised precious articles, jewels, crowns etc., gold. There were two Exchequers, a lower and an upper. The upper […]
Common Law & Custom In this context, common law is used in a sense as distinct from equity. See separate sections on the history and development of equity. Common law derives its authority from long and immemorial usage and by universal reception throughout the Kingdom according to the highly influential judge, professor and author, 18th century author William Blackstone. The unwritten or common law is […]
Pre-Norman The communal courts predated the Norman invasion of England. They applied law which was based on custom and varied accordance with the locality. It included certain legislative rules emanating from the Crown. Prior to the Norman invasion, England was divided into hundreds, shires and towns. The communal courts were the shire or later county courts or the hundred court. Shire courts dealt with judicial […]
Canon Law Canon law is Roman Catholic Church ecclesiastical law. It comprises decrees of the Church council’s writings, rules, and epistles. William the Conqueror separated the ecclesiastical and civil jurisdiction of courts. Sheriffs and laypersons could not participate in disputes and church affairs and clergy, bishops and archdeacons could not participate in pleas at the courts of the hundred or the shire. 12th-century codification of […]
King’s Role The King had an obligation to ensure peace and justice. As the highest feudal lord, he heard disputes between his tenants in chief. It was the basic principle of feudalism that a tenant who could not obtain justice in his lord’ court, could seek it in his lord’s court. There also existed the concept of the King as a font of justice, giving […]
After the separation of the courts and the King’s Council, the King continued to have jurisdiction though the Council. In judicial matters, the Council advised, adjudicated and administered on the whole range of governmental and judicial matters. It consisted of the King’s principal officers of state, household judges, barons, bishops and other Councillors. In the late middle ages and under the Tudors, the Council assumed […]
Form of Action & Writs The early common law emphasised the form of legal action. The system of forms of action and writ is a key characteristic of medieval English law. The influence of the form was so great that the actual substantive law was subordinate to it. A form of action encompasses the writ by which proceedings are started, the events leading to final judgment […]
Forms of Action & Writs A form of action is historically a mode of framing a writ and pleadings, appropriate to a particular damage which the action is intended to redress. In the early Middle Ages, actions at law were commenced by purchasing a writ out of the Chancery. This does not refer to chancery actions which have a separate origin. The persons seeking relief […]
Origin of Contract Contract as now exists is a combination of common law, equity and some legislation. The basic rules originated at common law. Equity supplied particular remedies and doctrines. For example, specific performance and injunctions may be granted as relief in the case of mistake and misrepresentation. Occasional statutes regulated particular areas such as the Statute of Frauds, Infants Reliefs Act and the Sale […]