nary power, there was a systematic procedure for
bringing cases to the Royal Court. First, a plaintiff had to apply
to the King's Chancery for a standardized writ into which the
cause had to fit. The plaintiff had to pay a fee and provide a
surety that the plea was brought in good faith. The progress of
the suit was controlled at crucial points by precisely formulated
writs to the sheriff, instructing him for instance, to put the
disputed property under royal protection pending a decision, to
impanel an assize and have it view the property in advance of the
justices' arrival, to ascertain a point of fact material to the
plea, or to summon a 'warrantor' to support a claim by the
defendant.
The Royal Court kept a record on its cases on parchment kept
rolled up: its "rolls". The oldest roll of 1194 is almost
completely comprised of land cases.
Anyone could appoint an agent, an "attorney", to appear in court
on his behalf, it being assumed that the principal could not be
present and royal authorization given. A wife could represent her
husband. The principal was then bound by the actions of his agent.
Gradually men appeared who made a business of representing whoever
would employ them. The common law system became committed to the
"adversary system" with the parties struggling judicially against
each other.
The Royal Court took jurisdiction over issues of whether certain
land was civil or ecclesiastical [assize utrum], and therefore
whether the land owed services or payment to the Crown or not. It
also heard issues of disturbance of advowson, a complex of rights
to income from a church and to the selection of a parson for the
church [assize of darrein [last] presentment]. Many churches had
been built by a lord on his manor for his villeins. The lord had
then appointed a parson and provided for his upkeep out of the
income of the church. In later times, the lord's chosen parson was
formally appointed by the bishop. By the 1100s, many lords had
given their advowsons to abbeys. This procedure used twelve
recognitors selected by the sheriff.
As before, the land of any person who had been outlawed or
convicted of a felony escheated to his lord. His moveable goods
and chattels became the King's. If he was executed, his heirs
received nothing because they were of the same blood as the felon,
which was corrupt: "corruption of the blood". The loss of civil
rights and capacities after a sentence of death for felony or
tre
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