Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
(_e_) _Primer Seisin_, which is usually regarded as a separate incident,
and figures as such in Blackstone’s list, is perhaps better understood,
not as an incident at all, but rather as a special procedure—effective
and summary—whereby the Crown could enforce the four incidents already
described. It was an exclusive prerogative of the Crown, denied to mesne
lords.[105] When a Crown tenant died, the King’s officers had the right
to enter upon immediate possession, and to exclude the heir, who could
not touch his father’s lands without specific permission from the Crown.
He had first to prove his title by inquest, to give security for any
balance of relief and other debts unpaid, and to perform homage.[106] It
will be readily seen what a strong strategic position all this assured
to the King in any disputes with the heir of a dead vassal. If the
Exchequer had doubtful claims against the deceased, its officials could
satisfy themselves before admitting the heir to possession. If the heir
showed any tendency to evade payment of feudal incidents, the Crown
could checkmate his moves. If the succession was disputed, the King
might favour the claimant who pleased or paid him most; or, under colour
of the dispute, refuse to disgorge the estate altogether—holding it in
custody analogous to wardship, and meanwhile drawing the profits. If the
son and heir happened to be from home when his father died, he would
probably experience great difficulty, when he returned, in forcing the
Crown to restore the estates. Such was the experience of William
Fitz-Odo on returning from Scotland in 1201 to claim his father’s
carucate of land in Bamborough.[107] Primer seisin was thus not so much
a separate incident, as a right peculiar to the Crown to take summary
measures for the satisfaction of all incidents or other claims against a
deceased tenant or his heir. Magna Carta admitted this prerogative
whilst guarding against its abuse.[108]
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Footnote 105:
The Bishop of Durham enjoyed it, so it seems to be stated in a charter
extorted from him in 1303 by the men of his fief (see Lapsley, _Pal.
of Durham_, p. 133). But this forms no real exception; since the
Bishop, as an Earl Palatine, enjoyed exceptionally the _regalia_ of a
king.
Footnote 106:
See Pollock and Maitland, I. 292. It appears from statute of
Marlborough, c. 16, that _primer seisin_ extended over lands held by
serjeanty as well as by knight’s service.
Footnote 107:
_Rotuli de oblatis_, p. 114.
Footnote 108:
Public-domain text, read in full here on John Shaqi.
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