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
Trespass has become a writ of course in the common law. It still
involves violence, but its element of breach of the peace extends to
those breaches which do not amount to felony. It can include assault and
battery, physical force to land, and physical force to chattels, e.g.
assaulting and beating the plaintiff, breaking into his close, or
carrying off his goods. One found guilty is fined and imprisoned. As in
criminal matters, if a defendant does not appear at court, his body can
be seized and imprisoned, and if he cannot be found, he may be outlawed.
Trespass to goods results in damages, rather than the return of the
goods, for goods carried off from the plaintiff's possession and can be
brought by bailees.
In Chancery, the court of the Chancellor, if there is a case with no
remedy specified in the law, that is similar to a situation for which
there is a writ, then a new writ may be made for that case. (By this
will later be expanded the action of trespass called "trespass on the
case".)
Various cases from the manors of the abbey of Bec in 1248-1249 are:
1. Ragenilda of Bec gives 2s. for having married without licence.
Pledge, William of Pinner. The same Ragenilda demands against Roger Loft
and Juliana his wife a certain messuage which belonged to Robert le
Beck, and a jury of twelve lawful men is granted her in consideration
of the said fine, and if she recovers seisin she will give in all 5s.
And twelve jurors are elected, to wit, John of Hulle, William Maureward,
Robert Hale Walter But, Walter Sigar, William Brihtwin, Richard
Horseman, Richard Leofred, William John's son, Hugh Cross, Richard
Pontfret and Robert Croyser, John Bisuthe and Gilbert Bisuthe who are
sworn. And they say that the said Ragenilda has the greater right.
Therefore let her have seisin.
2. Richard Guest gives 12d. and if he recovers will give 2s. to have a
jury of twelve lawful men as to whether he has the greater right in a
certain headland at Eastcot which Ragenilda widow of William Andrews
holds, or the said Ragenilda. Pledges for the fine, John Brook and
Richard of Pinner. And the said Ragenilda comes and says that she has no
power to bring that land into judgment because she has no right in it
save by reason of the wardship of the son and heir of her husband, who
is under age. And Richard is not able to deny this. Therefore let him
await [the heir's] full age.
3. Walter Hulle gives 13s.4d. for licence to dwell on the land of the
Prior of Harmondsworth so long as he shall live and as a condition finds
pledges, to wit, William Slipper, John Bisuthe, Gilbert Bisuthe, Hugh
Tree, William John's son, John Hulle, who undertake that the said Walter
shall do to the lord all the services and customs which he would do if
he dwelt on the lord's land and that his heriot shall be secured to the
lord in case he dies there [i.e. at Harmondsworth].
Public-domain text, read in full here on John Shaqi.
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