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
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.
fitz William v. Amice et al. (1200, king's court): The assize comes to
recognize if Amice who was the wife of Richard earl of Clare and Hugh of
Ceriton, John of Cornherd, William of Wattevill, Alexander son of
Gilbert, Alexander son of Matthew, Bartholomew son of Alexander, Robert
of Cornherd, and Geoffrey son of Leveric unjustly and without judgment
disseised Richard son of William of Sudbury of his free tenement in
Sudbury after the feast of St Michael next before the coronation of the
lord king. The countess says that, when she was separated by papal order
from the earl of Clare her husband by reason of consanguinity, to which
husband the vill of Sudbury had been given with her as marriage portion,
she came to Sudbury and convoked her court and made the same Richard to
be summoned to come to show by what warrant he held her land. He
willingly entered into the plea and vouched the earl of Clare her former
husband to warrant and at the day given him to have [his warrantor] he
did not have him. And thus by consideration of her court she seised her
land and holds it. Which court she produced and which attests this.
Richard comes and denies that he was ever summoned or came into her
court by summons or vouched to warranty or so lost seisin by
consideration of the court of the countess. And this he offers [to
prove]. It is considered that he defend himself 12-handed that he did
not willingly enter into the plea and vouch to warranty. Let him wage
his law [prove by the 12-handed oath, thus, by compurgation]. Pledges of
the law: Hugh son of Hugh, Wido of Sudbury. Day is given them at the
quindene of St. John.
Public-domain text, read in full here on John Shaqi.
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