This system of using
land had been created by the friars to get around the prohibition
against holding property. Lords and gentry quickly adopted it. The
advantages of the use were that 1) there was no legal restriction
to will away the beneficial interest of the use although the land
itself could not be conveyed by will; 2) it was hard for the king
to collect feudal incidents because the feoffees were often
unknown 3) the original holder was protected from 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.
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