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
Turroc v. fitz Walter (1194, king's court): The assize came to
recognize if Clement son of Walter unjustly and without judgment
disseised Matilda of Turroc of her free tenement within the assize.
Clement comes and says that he disseised her by judgment of his court.
The court is present and records that she occupied more of her lord's
land than she had in dower by the sheriff and by order of the lord
king, so that she was summoned and distrained to come in to court, and
she so responded that she remained in mercy of 10s. by judgment, so
that for that amercement and for other complaints she made fine with
her lord for 1/2 mark and put her land in pledge in his court and did
not want to render the 1/2 mark. And therefore by judgment of his court
he seised it. Matilda denies all word for word. And the same Clement
only produces two men from his court; and it is considered that it was
no court. Judgment: let Matilda have her seisin and let Clement be in
mercy for disseisin.
Fitz Hereward v. Prior of Lecton (1195, king's court): The assize came
to recognize if the prior of Lecton unjustly and without judgment
disseised Reginald son of Hereward and Essolda his wife of his free
tenement in Clapston after the first coronation of the lord king. The
prior says that the assize ought not be taken thereof, because he
seised that land by judgment of his court for default of his service
and his rent, whereof he has his court present, which asserts the same
thing. It is considered that the prior replevy [give back] to them
their land and give them a day in his court concerning the arrears of
rents and services. And let him treat them justly by judgment of his
court.
Stanfeld v. Brewes (1199, king's court): The assize comes to recognize
if Simon of Brewes and Luke cleric and Peter of Brewes unjustly and
without a judgment disseised Odo of Stanfeld and Juliana his wife of
her free tenement in Michehey within the assize. Simon says that the
assize ought not be taken thereof, because he took that land into his
hand by judgment of his court -- which he produced and which attests to
this -- for default of his service. And it was testified that Odo holds
that land from the same Simon. Simon was ordered to replevy that land
to Odo as well as the chattels and to treat him rightfully in his court.
Public-domain text, read in full here on John Shaqi.
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