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
There are personal actions such as "debt" for specific chattel or
specific sum of money. This splits into two actions. The detinue award
is for the specific chattel or its value. The action of "replevin" is
available to the tenant to recover personal property which had been
wrongly distrained, usually cattle; the goods are "repledged" pending
action. Also, but rarely used, are "covenant" to protect termors for
leases of land for terms of years, and "trespass": a semi-criminal
action brought by a private party for an offense punishable by death (or
in the 1100s by mutilation) such as murder, rape, robbery, or mayhem,
that is done with force of arms and against the peace of the king. The
use of trespass grew as private actions for felony were supplanted by
public indictment. It occasioned outlawry in default of appearance.
These personal actions were initiated in common law courts by their
respective writs.
These are some of the cases of novel disseisin brought to the king's
court:
Woodbridge v. Bardolf (1194, king's court): Ralf of Woodbridge seeks
before the justices his free tenement in Hebston by the assize of novel
disseisin against Hugh Bardolf. Against which assize Hugh said that he
had that seisin by judgment of his court for the default of the same
Ralf. And the court has recorded the summons and distraints reasonably
made on the same Ralf. And Ralf himself has acknowledged the summons and
distraints and said that he ought not hold anything from him in that
land; rather, it is of another's fee. And because neither he nor anyone
for him has complained to the justices that Hugh unjustly drew him into
a plea concerning a tenement which Ralf himself held of the fee of
another lord, it is considered that Hugh hold in peace. And let Ralf
plead by writ of right if he want and be in mercy for his false claim.
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 [7s.] and
put her land in pledge in his court and did not want to render the 1/2
mark [7s.]. 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.
Public-domain text, read in full here on John Shaqi.
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