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The disgruntled Crusader would then petition the king, who would refer the matter to his Lord Chancellor. The Lord Chancellor may resolve a case in accordance with his conscience. However, the original notion of equity goes all the best way back to Aristotle and is present in guide V, chapter 10 of his Ethics. Indeed, the colleges of the thirteenth century typically wrote commentaries on Aristotle’s works, and it was these universities that gave rise to the attorneys of the time. Roman law had a nicely-developed concept of the belief in terms of “testamentary trusts” created by wills but by no means developed the concept of the inter vivos trusts which apply whereas the creator lives.
The Lord Chancellor would consider it “unconscionable” that the legal proprietor may return on his word and deny the claims of the Crusader (the “true” owner). Over time, it grew to become known that the Lord Chancellor’s court would continually recognize the declare of a returning Crusader. The authorized owner would hold the land for the advantage of the original owner and would be compelled to convey it again to him when requested. The Crusader was the “beneficiary” and the acquaintance the “trustee”.