Judicial Procedure
Henry II wanted all freemen to be equally protected by one system of law and government. So he opened his court, the Royal Court, to all people of free tenure. A court of five justices professionally expert in the law sat in permanence, traveled with the King, and on points of difficulty consulted with him. Other professional justices, on eyre [journey], appeared periodically in all shires of the nation. They came to perform many tasks besides adjudging civil and criminal pleas, including promulgating and enforcing new legislation, seeking out encroachments on royal rights, reviewing the local communities' and officials' performance of their public duties, imposing penalties for failure to do them or for corruption, gathering information about outlaws and non- performance of homage, and assessing feudal escheats to the Crown, wardships to which the King was entitled, royal advowsons, feudal aids owed to the King, tallages of the burgesses, and debts owed to the Jews. assessing feudal escheats to the Crown, wardships to which the King was entitled, royal advowsons, feudal aids owed to the King, tallages of the burgesses, and debts owed to the Jews; The decision-making of justices in eyre begins the process which makes the custom of the Royal Court the common law of the nation. The shire courts, where the travelling justices heard all manner of business in the shires, adopted the doctrines of the Royal Court, which then acquired an appellate jurisdiction. The three royal courts and justices in eyre all drew from the same small group of royal justices.
Henry erected a basic, rational framework for legal processes which drew from tradition but lent itself to continuous expansion and adaptation.
The Royal Court was chiefly concerned with 1) the due regulation and supervision of the conduct of local government, 2) the ownership and possession of land held by free tenure, 3) the repression of serious crime, and 4) the relations between the lay and the ecclesiastical courts.
The doctrine of tenure applied universally to the land law formed the basis for judicial procedure in determining land rights. Those who held lands "in fee" from the King in turn subinfeudated their land to men of lesser rank. The concept of tenure covered the earl, the knight (knight's service), the church (frank-almoin [free alms]), the tenant who performed labor services, and the tenant who paid a rent (socage). Other tenures were: serjeanty [providing an implement of war or performing a nonmilitary office] and burgage. All hold the land of some lord and ultimately of the King.
Henry was determined to protect lawful seisin of land and issued assizes [legal promulgations] giving the Royal Court authority to decide land law issues which had not been given justice in the shire or lord's court. These included issues of disseisin [ejectment] of a person's free tenement or of his common of pasture which belonged to his freehold. The writ praecipe directed the sheriff to order the overlord of any land seized to restore it immediately or answer for his failure in the royal court. Though this petty assize of disseisin only provided a swift preliminary action to protect possession pending the lengthy and involved action [grand assize] on the issue of which party had the more just claim or ultimate right of seisin, the latter action was only infrequently invoked. The temptation of a strong man to seize a neighbor's land to reap its profits for a long time until the neighbor could prove and enforce his right was deterred. Any such claim of recent dispossession [novel disseisin] had to be made within three years of the disseisin.
An assize [now a judicial body] of recognition viewed the land in question and answered these questions of fact: 1) Was the plaintiff disseised of the freeholdin question, unjustly and without judgment? 2) Did the defendant commit the disseisin? Testimony of a warrantor (or an attorney sent by him in his place) or a charter of warranty served to prove seisin by gift, sale, or exchange. No pleadings were necessary and the action could proceed and judgment given even without the presence of the defendant. The justices amerced the losing party with a monetary penalty. A successful plaintiff might be awarded damages to compensate for the loss of revenue. Eventually royal justices acquired authority to decide the ultimate question of right to land using the grand assize and the alternative of an assize instead of the traditional procedures which ended in trial by battle.
There was also a writ for issues of inheritance of land. By law the tenure of a person who died seised of a tenure in a lord's demesne which was hereditary [seisin of fee] returned to the lord, who had to give it to the heir of the decedent. If the lord refused and kept it for himself or gave it to someone else, the heir could sue in the Royal Court, which would decide whether the ancestor was seised as of fee in his demesne, if the plaintiff was the nearest heir, and whether the ancestor had died, gone on a crusade but not returned, or had become a monk.
Issues of seisin were brought to the Royal Court by a contestant in a local court who "put himself [or herself] upon the King's grand assize". Then his action would be removed to the Royal Court. The assize would consist of twelve knights from the district who were elected by four knights and who were known as truthful men and who were likely to possess knowledge of the facts.
The tenant could object to any of the twelve knights for just cause as determined by the court. Each of the twelve gave an oath as to whether the plaintiff's or the defendant's position was correct. If any did not know the truth of the matter, others were found until twelve agreed [the recognitors] in favor of one side. Perjury was punished by forfeiture of all one's goods and chattels to the King and at least one year's imprisonment.