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.
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