Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
Reilly, S. A.
Law -- England -- History
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. By the assize of novel
disseisin, an ejected possessor could have a jury of recognitors decide
whether the ejectment had been just or not. 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 [something given as secuxrity for
performance] 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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