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
Eventually royal justices acquired authority to decide the
ultimate question of right to land using the grand assize as an
alternative to the traditional procedures which ended in trial by
combat. Issues of the ultimate right of seisin were brought to the
Royal Court by a contestant in a local court who "put himself [or
herself] upon the King's grand assize". The assize consisted of twelve
knights from the county or neighborhood who were elected by four
knights of the same county or neighborhood (selected by the sheriff or
the suitors) and who were known as truthful men and were likely to
possess knowledge of the facts, either from personal seeing or hearing,
or from statements which their fathers had made to them from their
personal knowledge. The avenue by which a person who felt he had not
had justice in the manor court on his claim for certain freehold land
appealed to the king was by writ of right after the manor court's
decision or by a writ praecipe during the manor court's proceeding. An
example of a writ praecipe is: "The king to the sheriff greeting.
Command [praecipe] N. to render to R. justly and without delay one hide
of land in a certain vill, which the said R. complains that the
aforesaid N. is withholding from him. If he does not do so, summon him
by good summoners to be before me or my justices on the day after the
octaves of Easter, to show why he has not done so. And have the
summoners and this writ. Witness." When the parties appeared in court,
the claimant states his suit such as: "I claim against this N. the fee
of half a knight and two carucates of land in a certain vill as my
right and my inheritance, of which my father (or grandfather) was
seized in his demesne as of fee in the time of King Henry the First,
and from which he took the profits to the value of five shillings at
least, in grain and hay and other profits; and this I am ready to prove
by this freeman of mine, H., and if any evil befalls him them by this
other man or by this third man, who saw and heard it". Then the
defendant chose to deny the claim word for word with proof by combat or
to put himself upon the grand assize of the king. If he chose trial by
combat, the parties or their champions fought. The party losing,
usually by crying craven, had to pay a fine of 60s. If the grand assize
was chosen, the action was removed to the Royal Court. A writ of grand
assize was issued as follows: "The king to the sheriff, greeting.
Summon by good summoners the following twelve, namely, A. B. ..., to be
before me or my justices at a certain place on a certain day, ready to
declare on oath whether N. or R. has the greater right in one hide of
land (or other things claimed) which the aforesaid R. claims against
the aforesaid N., who is tenant, and in respect of which the aforesaid
N., who is tenant, has put himself upon my assize and has sought a
recognition to determine which of them has the greater right in the
things claimed.
Public-domain text, read in full here on John Shaqi.
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