World History

11.

Typical Civil Pleas Before the Justices of the Bench and Before the Justices in Eyre.

1200–1202. (Nos. 17, 70, 107, 197, 207, 212, 216, 239 in Select Civil Pleas, edited for the Selden Society by W. P. Baildon. Latin originals and translations.)

Surrey. a. Theobald de Ferring demands two hides of land with appurtenances in Battersea and Wandsworth against Richard de Dol’ as his right and inheritance; whereof Augod, his father, was seised as of fee and right the day and year in which King Henry the grandfather died, taking issues to the value of five shillings and more. Richard comes and defends¹ [Theobald’] right; and puts himself on the Grand Assize which of them has the greater right in the land. A day is given them in the advent of the justices, etc.; and let four knights then come to elect twelve.

Northampton. b. The Assize comes to recognize what patron in the time of peace presented the last parson to the church of Woodford, which parson is dead; the advowson² of which [church] Ralph Basset demands against the Abbot of Rochester. [The Abbot] comes and says that the church [of Wood-ford] is not vacant, because his church [of Rochester] has had it and possessed it for thirty years and more, of the gift of Osmund Basset and William Basset. And the Abbot shows their charters; one whereof testifies that Osmund Basset gave the church [of Woodford] to the church of Rochester in pure [and perpetual alms];¹ and the other testifies that William conceded it to them as Osmund’ gift. So that Richard de Buckton, who last died, was perpetual vicar of that church [Woodford], rendering to [the Abbot’] church [of Rochester] two marks yearly. And against this Ralph says that he, after the obtaining of the said charters, presented the said Richard to that church [Woodford], and thereof he puts himself upon the jury. The jury say that Ralph presented the last parson; let him have a writ to the bishop to admit his clerk.

Kent. c. The Assize comes to recognize if Guy, the father of William and William, was seised in his demesne as of fee of two acres and a half of land with appurtenances in Abbeham the day that he died, and if he died [within the Assize],² which land James de Fugelest holds. The jury say that Guy was so seised the day that he died, etc., and that William and William are the next heirs. Judgment: Let them have their seisin thereof, and James is in mercy for the unjust detention.

d. The Assize comes to recognize if Stephen de Poundstock has unjustly and without judgment disseised Jordan the Chaplain of his free tenement in Trekenna after the second coronation of King Richard. The jury say that [Stephen] has so disseised [Jordan]. Judgment: Let Jordan have his seisin, and Stephen is in mercy. Damages, three marks; amercement, three marks.

e. The Assize comes to recognize if Elias, the uncle of Henry de Karville, was seised in his demesne as of fee of one virgate of land with appurtenances in Lovington, on the day that he died, etc., and if the same Henry is his next heir; which land Beatrix de Karville holds. And [Beatrix] comes, and says that the Assize thereof ought not to proceed, because Philip, the brother of the said Elias, and the father of Henry, was seised of that land after the death of Elias; and she puts herself on the jury, and Henry similarly. The jury say that Philip was so seised after the death of Elias. Judgment: Let Beatrix hold in peace; and Henry is in mercy for a false claim.

f. Simon de Lyndon, Hugh Scot, William de Morton, and William son of Humphrey—four knights summoned to elect twelve to matte the Grand Assize between William de Owmby and Adam de Bulby touching three carucates of land and one mill with appurtenances in Owmby, whereof the said William [de Owmby], who is the tenant, put himself on the Grand Assize of the king, and craved a recognition to be made which of them has the greater right in that land,—came and elected these:—Hugh de Bussei, William Pigot, Martin Martel, Alured de Haddington, William Chamberlain of Morton, William de Laude, William de Woodhall, Richard de Ottringham, Ralph de Healing, Robert son of Hamo, Robert Ribaut, John de Lalneto, Robert son of William de Legbourn, Peter de Kastellium, Peter de Neville, and Robert de Manby.

g. The Assize comes to recognize if Burius, the father of Hugh, was seised in his demesne as of fee of one bovate of land with appurtenances in Withern the day that he died, etc., which land Robert de Well holds. The jury say that Burius was so seised thereof, etc. Judgment: Let Hugh have his seisin, and Robert is in mercy for the unjust detention. Robert offers to the king forty shillings to have the oath of twenty-four knights to convict the jurors, because he says that Burius was only seised of half a bovate on the day he died.

h. The Assize comes to recognize if William son of Haldein has unjustly and without judgment disseised Hugh son of Richard of his free tenement in Wellingore after Michaelmas next [before the first coronation of the king]. The jury say that [William] has not so disseised [Hugh], because [Hugh] never had any free tenement. Judgment: Let William hold; and Hugh is in mercy.

¹ In the sense of denies.

² The right to appoint the parson.

¹ The tenure commonly known as frankalmoin or free alms. Much land was given to the church on this tenure, which carried with it large immunities from secular jurisdiction and service.

² That is, the arbitrary time limit within which this action could be used. It was always made recent enough to warrant the assumption that the jurors’ memories could be relied upon.