Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
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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