Religion was deeply embedded in medieval times, and had influence over even

aspects of law.

Spiritual (church) and temporal (non-Church) courts were separated by William.

Church (ecclesiastical) courts applied canon law, derived from Roman or civil law.
Canon law was based on the bible and statutes of the Church. Church courts had
jurisdiction over family matters (marriage, divorce, legitimacy), personal
property (wills/inheritance) and the punishment of sin.
Church courts held disciplinary action over the clergy; advantageous because
clerics would be tried by Church courts, which used softer punishments than
temporal courts.
Henry II claimed control over the Church which Archbiship Thomas aBeckett
opposed. 4 of henrys supporters killed aBeckett; Henry penanced by saying that
for serious crimes clergy can only be tried/punished by church courts (benefit of
clergy), but are able to be dealt with in royal courts if the crimes are lesser. (page
55/6)
Benefit of clergy: used to mitigate severe sentences; for example, those who
could pass a literacy test were regarded as clergy and spared the death penalty.
(page 57)
WOMENS PLACE
Women were rarely powerholders in medieval times. Married women were
regarded as femes covert; legal existence becomes one with that of their
husband. A married woman had few rights; she could not sue/be sued, her
property/income became her husbands. Equity was later developed to counter
the rigidity of the common law, and provided married women with greater rights
(58).
Equity: A Chancellor could exercise royal power adjust any decision it deemed
unjust. Therefore, litigants could petition to the King (who would delegate to
Chancellor) if they felt the royal courts were unjust, and the King/Chancellor
would exercise discretion.
Chancellor cannot override royal courts, but can work around royal court
laws, such as pg 60
M CHESTERMAN:
Litigant presents case to Chancellor. Chancellor subpoenas adversary, adversary
presents case. If Chancellor rules in favour of litigant, he would address an order
to adversarys conscience, compelling him to do what equity required of him.
Common law courts could not formulate legal rules to keep up with changing
social views; equity evolved to become a legal system with rules to supplement

Common Law in regards to social matters. The biggest example was the
development of trust funds, notably important as women could not own land.
Equity took over from other courts many aspects of administration of wills and
real estate. Equity later evolved to become a system completely separate from
common law courts with complex rules rivalling the rigidity of common law.
R ATHERTON AND P VINES
Equity was necessary to safeguard womens property rights, which were limited
under common law. Women were prevented from using property as collateral or
disposing it, protecting them from assigning land to their husbands and thus any
undue pressure that the husband might apply.
Equity was necessary to safeguard womens property rights, which were limited
under common law. Women were prevented from using property as collateral or
disposing it, protecting them from assigning land to their husbands and thus any
undue pressure that the husband might apply.
Equity was necessary to safeguard womens property rights, which were limited
under common law. Women were prevented from using property as collateral or
disposing it, protecting them from assigning land to their husbands and thus any
undue pressure that the husband might apply.
Equity was necessary to safeguard womens property rights, which were limited
under common law. Women were prevented from using property as collateral or
disposing it, protecting them from assigning land to their husbands and thus any
undue pressure that the husband might apply.
Equity was necessary to safeguard womens property rights, which were limited
under common law. Women were prevented from using property as collateral or
disposing it, protecting them from assigning land to their husbands and thus any
undue pressure that the husband might apply.
Equity was necessary to safeguard womens property rights, which were limited
under common law. Women were prevented from using property as collateral or
disposing it, protecting them from assigning land to their husbands and thus any
undue pressure that the husband might apply.
Equity was necessary to safeguard womens property rights, which were limited
under common law. Women were prevented from using property as collateral or
disposing it, protecting them from assigning land to their husbands and thus any
undue pressure that the husband might apply.