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
Trespass has become a writ of course in the common law. It still
involves violence, but its element of breach of the peace extends
to those breaches which do not amount to felony. It can include
assault and battery, physical force to land, and physical force to
chattels, e.g. assaulting and beating the plaintiff, breaking into
his close, or carrying off his goods. One found guilty is fined
and imprisoned. As in criminal matters, if a defendant does not
appear at court, his body can be seized and imprisoned, and if he
cannot be found, he may be outlawed. Trespass to goods results in
damages, rather than the return of the goods, for goods carried
off from the plaintiff's possession and can be brought by bailees.
In Chancery, the court of the Chancellor, if there is a case with
no remedy specified in the law, that is similar to a situation for
which there is a writ, then a new writ may be made for that case.
(By this will later be expanded the action of trespass called
"trespass on the case".)
Various cases from the manors of the abbey of Bec in 1248-1249
are:
1. Ragenilda of Bec gives 2s. for having married without
licence. Pledge, William of Pinner. The same Ragenilda
demands against Roger Loft and Juliana his wife a certain
messuage which belonged to Robert le Beck, and a jury of
twelve lawful men is granted her in consideration of the
said fine, and if she recovers seisin she will give in all
5s. And twelve jurors are elected, to wit, John of Hulle,
William Maureward, Robert Hale Walter But, Walter Sigar,
William Brihtwin, Richard Horseman, Richard Leofred, William
John's son, Hugh Cross, Richard Pontfret and Robert Croyser,
John Bisuthe and Gilbert Bisuthe who are sworn. And they say
that the said Ragenilda has the greater right. Therefore let
her have seisin.
2. Richard Guest gives 12d. and if he recovers will give 2s.
to have a jury of twelve lawful men as to whether he has the
greater right in a certain headland at Eastcot which
Ragenilda widow of William Andrews holds, or the said
Ragenilda. Pledges for the fine, John Brook and Richard of
Pinner. And the said Ragenilda comes and says that she has
no power to bring that land into judgment because she has no
right in it save by reason of the wardship of the son and
heir of her husband, who is under age. And Richard is not
able to deny this. Therefore let him await [the heir's] full
age.
3. Walter Hulle gives 13s.4d. for licence to dwell on the
land of the Prior of Harmondsworth so long as he shall live
and as a condition finds pledges, to wit, William Slipper,
John Bisuthe, Gilbert Bisuthe, Hugh Tree, William John's
son, John Hulle, who undertake that the said Walter shall do
to the lord all the services and customs which he would do
if he dwelt on the lord's land and that his heriot shall be
secured to the lord in case he dies there [i.e. at
Harmondsworth].
Public-domain text, read in full here on John Shaqi.
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