Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
Henry erected a basic, rational framework for legal processes
which drew from tradition but lent itself to continuous
expansion and adaptation.
The Royal Court was chiefly concerned with 1) the due regulation
and supervision of the conduct of local government, 2) the
ownership and possession of land held by free tenure, 3) the
repression of serious crime, and 4) the relations between the
lay and the ecclesiastical courts.
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 [legal promulgations] giving the Royal Court authority
to decide land law issues which had not been given justice in
the shire or lord's court. These included issues of disseisin
[ejectment] of a person's free tenement or of his common of
pasture which belonged to his freehold. The writ praecipe
directed the sheriff to order the overlord of any land seized to
restore it immediately or answer for his failure in the royal
court. Though this petty assize of disseisin only provided a
swift preliminary action to protect possession pending the
lengthy and involved action [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 assize [now a judicial body] of recognition viewed the land in
question and answered these questions of fact: 1) Was the
plaintiff disseised of the freeholdin question, unjustly and
without judgment? 2) Did the defendant commit the disseisin?
Testimony of a warrantor (or an attorney sent by him in his
place) or a charter of warranty served to prove seisin by gift,
sale, or exchange. No pleadings were necessary and the action
could proceed and judgment given even without the presence of
the defendant. The justices amerced the losing party with a
monetary penalty. A successful plaintiff might be awarded
damages to compensate for the loss of revenue. Eventually royal
justices acquired authority to decide the ultimate question of
right to land using the grand assize and the alternative of an
assize instead of the traditional procedures which ended in
trial by battle.
Public-domain text, read in full here on John Shaqi.
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