FREE BOOKS

Author's List




PREV.   NEXT  
|<   309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   >>  
forfeiture of his land in case of conviction of treason if the Crown went to someone he had not supported. Chancery gave a remedy for dishonest or defaulting feofees. Chancery also provided the equitable relief of specific performance in disputes over agreements, for instance, conveyance of certain land, whereas the common law courts awarded only monetary damages by the writ of covenant. Chancery ordered accounts to be made in matters of foreign trade because the common law courts were limited to accounts pursuant to transactions made within the nation. It also involved itself in the administration of assets and accounting of partners to each other. The Chancellor took jurisdiction of cases of debt, detinue, and account which had been decided in other courts with oath-helping by the defendant. He did not trust the reliance on friends of the defendant swearing that his statement made in his defense was true. An important evidentiary difference between procedures of the Chancery and the common law courts was that the Chancellor could orally question the plaintiff and the defendant under oath. He also could order persons to appear at his court by subpoena [under pain of punishment, such as a heavy fine]. Whereas the characteristic award of the common law courts was seisin of land or monetary damages, Chancery often enjoined certain action. Because malicious suits were a problem, the Chancery identified such suits and issued injunctions against taking them to any court. The Chancery was given jurisdiction by statute over men of great power taking by force women who had lands and tenements or goods and not setting them free unless they bound themselves to pay great sums to the offenders or to marry them. A statute also gave Chancery jurisdiction over servants taking their masters' goods at his death. Justices of the Peace, appointed by the Crown, investigated all riots and arrested rioters, by authority of statute. If they had departed, the Justices certified the case to the King. The case was then set for trial first before the king and his council and then at the King's Bench. If the suspected rioters did not appear at either trial, they could be convicted for default of appearance. If a riot was not investigated and the rioters sought, the Justice of the Peace nearest forfeited 2,000s. Justices of the peace were not paid. For complex cases and criminal cases with defendants of high social status, they de
PREV.   NEXT  
|<   309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   >>  



Top keywords:

Chancery

 

courts

 

common

 

Justices

 

jurisdiction

 

defendant

 
rioters
 
taking
 

statute

 

Chancellor


investigated

 

accounts

 

monetary

 

damages

 

problem

 

issued

 

identified

 

tenements

 

Because

 
injunctions

malicious

 

action

 

setting

 

authority

 

Justice

 

nearest

 

forfeited

 

sought

 
convicted
 

default


appearance

 

social

 

status

 

defendants

 

criminal

 
complex
 

suspected

 

appointed

 

masters

 

servants


arrested

 
enjoined
 

council

 

departed

 

certified

 

offenders

 
difference
 

ordered

 

matters

 
foreign