Also, at this time, the constitution of the grand jury of the county was defined. First, four knights were to be chosen in the county court. These were to select on oath two knights from each hundred. These two, also on oath, are to add by co-optation ten more for the jury of the hundred.
In London, if one of two witnesses for the defense died while an action was pending, the survivor, after offering his oath, could proceed to the grave of the dead witness, and there offer oath as to what the dead man would have sworn if he had been alive. If a foreigner was bound to make oath for debt or any misdeed, he could make it with six others, his own oath being the seventh; but if could not find six supporters, he alone could make the oath and take it in the six nearest churches.
In London, the method of capital punishment was being confined to hanging, instead of also being in the form of beheading, burning, drowning, stoning, or hurling from a rock. In cases of drowning, the offender was first sewn up in a sack with a snake, a dog, an ape, and a cock.
Chief Justiciar Ranulph Glanvill wrote a treatise on the writs which could be brought in the Royal Court and the way they could be used. It was a practical manual of procedure and of the law administered in the Royal Court.
There are personal actions such as "debt" for specific chattel or specific sum of money. This splits into two actions. The detinue award is for the specific chattel or its value. The action of "replevin" is available to the tenant to recover personal property which had been wrongly distrained, 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 that it was no court. Judgment: let Matilda have her seisin and let Clement be in mercy for disseisin.
Fitz Hereward v. Prior of Lecton (1195, king's court): The assize came to recognize if the prior of Lecton unjustly and without judgment disseised Reginald son of Hereward and Essolda his wife of his free tenement in Clapston after the first coronation of the lord king. The prior says that the assize ought not be taken thereof, because he seised that land by judgment of his court for default of his service and his rent, whereof he has his court present, which asserts the same thing. It is considered that the prior replevy [give back] to them their land and give them a day in his court concerning the arrears of rents and services. And let him treat them justly by judgment of his court.
Stanfeld v. Brewes (1199, king's court): The assize comes to recognize if Simon of Brewes and Luke cleric and Peter of Brewes unjustly and without a judgment disseised Odo of Stanfeld and Juliana his wife of her free tenement in Michehey within the assize. Simon says that the assize ought not be taken thereof, because he took that land into his hand by judgment of his court — which he produced and which attests to this — for default of his service. And it was testified that Odo holds that land from the same Simon. Simon was ordered to replevy that land to Odo as well as the chattels and to treat him rightfully in his court.