t original at the common
law; nor that none be out of his franchise, nor of his freeholds,
unless he be duly brought into answer and before judges of the
same by the course of law.
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 pertaine
|