If the warrantor lost, he would have to give to his
vassal equivalent land in exchange. Burgage tenure was not usually
decided by assize. Also, if the parties were relatives, neither
the assize nor the combat was available to them, but the matter
had to be decided by the law of inheritance.
Itinerant justices could conduct these assizes: petty and grand.
In 1198, the hundred is empowered to act on all the business of
the session, including all recognitions and petty assizes ordered
by the king's writ, where the property in dispute was worth no
more than 200s. [ten pounds] a year. The four knights came to be
selected by the suitors of the county court rather than by the
sheriff.
This assize procedure extended in time to all other types of civil
actions.
Also removable to the Royal Court from the county courts were
issues of a lord's claim to a person as his villein (combat not
available), service or relief due to a lord, dower rights, a
creditor's refusal to restore a gage [something given as security]
to a debtor who offered payment or a deposit, money due to a
lender, a seller, or a person to whom one had an obligation under
a charter, fish or harvest or cattle taken from lands unjustly
occupied, cattle taken from pasture, rights to enjoy a common, to
stop troubling someone's transport, to make restitution of land
wrongfully occupied, to make a lord's bailiff account to him for
the profits of the manor.
Pages:
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234