Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
Reilly, S. A.
Law -- England -- History
The Chancery came to have a separate and independent equitable
jurisdiction. It heard petitions of misconduct of government officials
or of powerful oppressors, fraud, accident, abuse of trust, wardship of
infants, dower, and rent charges. Because the common law and its
procedures had become technical and rigid, the Chancery was given equity
jurisdiction by statute in 1285. King Edward III proclaimed that
petitions for remedies that the common law didn't cover be addressed to
the Chancellor, who was not bound by established law, but could do
equity. In Chancery, if there is a case that is similar to a case for
which there is a writ, but is not in technical conformity with the
requirements of the common law for a remedy, then a new writ may be made
for that case by the Chancellor. These were called "actions on the
case". Also, Parliament may create new remedies. There were so many
cases that were similar to a case with no remedy specified in the common
law, that litigants were flowing into the Chancery. The Chancellor gave
swift and equitable relief, which was summary. With the backing of the
council, the Chancellor made decisions implementing the policy of the
Statute of Laborers. Most of these concerned occupational competency,
for instance negligent activity of carriers, builders, shepherds,
doctors, cloth workers, smiths, innkeepers, and gaolers. For instance,
the common law action of detinue could force return of cloth bailed for
fulling or sheep bailed for pasturing, but could not address damages due
to faulty work. The Chancellor addressed issues of loss of wool, dead
lambs, and damaged sheep, as well as dead sheep. He imposed a legal duty
on innkeepers to prevent injury or damage to a patron or his goods from
third parties. A dog bite or other damage by a dog known by its owner to
be vicious was made a more serious offense than general damage by any
dog. A person starting a fire was given a duty to prevent the fire from
damaging property of others. The King will fine instead of seize the
land of his tenants who sell or alienate their land, such fine to be
determined by the Chancellor by due process.
Only barons who were peers of the House of Lords were entitled to trial
in the House of Lords. In practice, however, this pertained only to
major crimes.
Treason was tried by the lords in Parliament, by bill of "attainder".
It was often used for political purposes. Most attainders were reversed
as a term of peace made between competing factions.
Public-domain text, read in full here on John Shaqi.
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