Our Legal Heritage, King AEthelbert, 596 to King George III, 1775Reilly, S. A.
History
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Reilly, S. A.
Law -- England -- History
The doctrine of tenure applied universally to the land law formed
the basis for judicial procedure in determining land rights. Those
who held lands "in fee" from the king in turn subinfeudated their
land to men of lesser rank. The concept of tenure covered the
earl, the knight (knight's service), the church (frank-almoin
[free alms]), the tenant who performed labor services, and the
tenant who paid a rent (socage). Other tenures were: serjeanty
[providing an implement of war or performing a nonmilitary office]
and burgage. All hold the land of some lord and ultimately of the
King.
Henry was determined to protect lawful seisin of land and issued
assizes giving the Royal Court authority to decide land law issues
which had not been given justice in the county or lord's court.
But he did not ordain that all litigation respecting free
tenements, e.g. right of seisin, should take place in the king's
court. Rather he gave protection to mere possession of land, which
could be justified because possession was intimately associated
with the maintenance of the king's peace. These assizes included
issues of novel disseisin [recent ejectment] of a person's free
tenement or of his common of pasture which belonged to his
freehold. Though the petty assize of disseisin only provided a
swift preliminary action to protect possession pending the lengthy
and involved grand assize on the issue of which party had the more
just claim or ultimate right of seisin, the latter action was only
infrequently invoked. The temptation of a strong man to seize a
neighbor's land to reap its profits for a long time until the
neighbor could prove and enforce his right was deterred. Any such
claim of recent dispossession [novel disseisin] had to be made
within three years of the disseisin.
An example of a writ of novel disseisin is: The king to the
sheriff, greeting. N has complained to me that R unjustly and
without a judgment has disseised him of his free tenement in
[Houndsditch] since my last voyage to Normandy. Therefore I
command you that, if N gives you security for prosecuting his
claim, you are to see that the chattels which were taken from the
tenement are restored to it, and that the tenement and the
chattels remain in peace until Sunday after Easter. And meanwhile
you are to see that the tenement is viewed by twelve free and
lawful men of the neighborhood, and their names endorsed on this
writ. And summon them by good summoners to be before me or my
justices on the Sunday after Easter, ready to make the
recognition. And summon R. or his bailiff if he himself cannot be
found, on the security of gage and reliable securities to be there
then to hear the recognition. And have there the summoners, and
this writ and the names of the sureties. Witness etc.
Public-domain text, read in full here on John Shaqi.
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