trained, usually cattle; the goods are
"repledged" pending action. Also, but rarely used, are "covenant"
to protect termors for leases of land for terms of years, and
"trespass": a semi-criminal action brought by a private party for
an offense punishable by death (or in the 1100s by mutilation)
such as murder, rape, robbery, or mayhem, that is done with force
of arms and against the peace of the king. The use of trespass
grew as private actions for felony were supplanted by public
indictment. It occasioned outlawry in default of appearance. These
personal actions were initiated in common law courts by their
respective writs.
These are some of the cases of novel disseisin brought to the
king's court:
Woodbridge v. Bardolf (1194, king's court):
Ralf of Woodbridge seeks before the justices his free
tenement in Hebston by the assize of novel disseisin against
Hugh Bardolf. Against which assize Hugh said that he had
that seisin by judgment of his court for the default of the
same Ralf. And the court has recorded the summons and
distraints reasonably made on the same Ralf. And Ralf
himself has acknowledged the summons and distraints and said
that he ought not hold anything from him in that land;
rather, it is of another's fee. And because neither he nor
anyone for him has complained to the justices that Hugh
unjustly drew him into a plea concerning a tenement which
Ralf himself held of the fee of another lord, it is
considered that Hugh hold in peace. And let Ralf plead by
writ of right if he want and be in mercy for his false
claim.
Turroc v. fitz Walter (1194, king's court):
The assize came to recognize if Clement son of Walter
unjustly and without judgment disseised Matilda of Turroc of
her free tenement within the assize. Clement comes and says
that he disseised her by judgment of his court. The court is
present and records that she occupied more of her lord's
land than she had in dower by the sheriff and by order of
the lord king, so that she was summoned and distrained to
come in to court, and she so responded that she remained in
mercy of 10s. by judgment, so that for that amercement and
for other complaints she made fine with her lord for 1/2
mark [7s.] and put her land in pledge in his court and did
not want to render the 1/2 mark [7s.]. And therefore by
judgment of his court he seised it. Matilda denies all word
for word. And the same Clement only produces two men from
his court; and it is considered th
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