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Reilly, S. A.

"Our Legal Heritage : 600-1776 King Aehelbert - King George III"


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, clothworkers, 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.


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