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
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. And meanwhile the
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