Equity III

Initially the courts carried out the functions of all three limbs of government (the legislative, executive and the judiciary), (this is prior to the birth Montesquieu (1689 – 1755) and the doctrine of separation of powers).

The courts however adhered to and continue to adhere to the doctrine of Stare Decisis, a Roman legacy, and the doctrine simply states that cases with identical or similar facts are to be approached in an identical or similar manner (common law is founded on the doctrine of Stare Decisis).

Things remained that way until the reign of Henry I (1068 – 1135) after which the function of the courts were divided among three separate bodies.

The court of Exchequer dealt with the collection of revenues, the court of common pleas dealt with common disputes or disputes among individuals and the judges who belonged to the King’s Council or the assize judges continued to travel through the country.

Copyright © 2018 by Dyarne Jessica Ward

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