Magna Carta ; a Commentary On the Great Charter of King John : With An Historical Introduction

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7- "Sel. Chart., 259. The Assize of Northampton in 1176 (ibid. 152) had given them jurisdiction over estates of half a knight's fee or less, hut nothing was there said of the mode of proof.
274 MAGNA CARTA demesnes were likely to command the attendance of twelve knights (or even of twelve freeholders) from their own terri- tories. In combination with the rule given by Glanvill/ that no plea concerning title to land could be commenced in any court without royal writ, and with the use made by the
... King of the writ praecipe,^ the Grand Assize, while super- Iseding trial by battle, became also an expedient for cur- tailing the jurisdiction of mesne lords. It is easy to under- stand why (unlike the petty assizes) it never became popular with the magnates.
Valuable boon as was the option to substitute the verdict of twelve knights for the duellum in questions of title to land, the reform had one obvious weak point : the option conferred might sometimes be usurped by the wrong man, if a turbulent claimant took the law into his own hands, evicted the holder by the rude method of self-help, and thereafter claimed the protection of Henry's ordinance.


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