96:, Henry II in his nationwide assizes of Clarendon and Northampton had his justices "cause an inquisition to be made concerning dispossessions carried out contrary to the assize". Drawing on the sophisticated models offered by canon law, the king subsequently created the private (and purchasable) writ of novel disseisin, which enabled individuals to take disputed possession cases to the royal courts.
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in time. A further significant extension involved the application of the writ to profits and rights emanating from land, including rents. Thus, for example, the date of disseisin allowed at the Common Bench by 1321 went back as far as 1242; while in the 1321 London eyre, of eighty-one cases of novel disseisin, only half concerned property (houses or shops), the other half dealt with rents.
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to determine issues of right, not possession, in land, in practice quite quickly novel disseisin superseded the Grand Assize and became itself the primary determinant of right in land—partly because, from dealing only with 'recent' disseisin, its remit was gradually extended further and further back
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of feudal justice), accessibility, and expediency. Rather than dealing with the issue of lawful possession, it simply asked whether dispossession had taken place, in which case the property was restored to the plaintiff, and the question of true ownership was dealt with later.
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Despite its advantages, novel disseisin was also open to abuse – as when a dispossessor pre-empted its use against the rightful seisin. With the passage of time, legalistic means of obstructing its working were devised, and, under
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The king acknowledges, with particular facts, the plaintiff's claim that the defendant disseised him of his land "unjustly and without a judgment" since the king's last voyage to
Normandy.
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The sheriff, upon receiving security from the plaintiff, shall have twelve local men view the condition of the land and sign their names on the writ.
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The date for the defendant to appear in court was rigorously enforced, in contrast to other processes that allowed excused absences (
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gives examples of novel disseisin writs, which were issued to a sheriff as a command from the king. The general structure was:
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These men shall be summoned later to the king's court, along with the defendant or his representative, to testify.
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was involved in pursuing a case of novel disseisin against
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Facing the disorder of self-help over the possession of land in the wake of the reign of
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The action became extremely popular due to its speed (avoiding the delays or
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Action to recover lands of which the plaintiff had been dispossed (obsolete)
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of 1166; and like the other two was only abolished in 1833.
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Treatise on the Laws and
Customs of the Kingdom of England
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415:
The
History of English Law Before the Time of Edward I
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Frederick, Sir
Pollock and Frederic William Maitland.
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112:Although Henry had intended his newly created
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432:(2nd ed.). Lexis Law Publishing (Va), 1981)
272:(11th ed.). Cambridge University Press.
402:. Oxford University PresS. 21 June 1973.
430:Historical Foundations of the Common Law
368:The Cambridge Medieval History Vol VIII
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303:(Cambridge 1926) p. 586–587 and p. 759
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301:The Cambridge Medieval History Vol V
355:A New Dictionary of British History
327:The Medieval Foundations of England
314:The Medieval Foundations of England
245:The Medieval Foundations of England
370:(Cambridge 1936) p. 416 and p. 442
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225:. Oxford University Press. 1989
417:]. 2nd edition. 30 Sept 1996.
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400:The Assize of Novel Disseisin
192:Assize of darrein presentment
341:, Law-Finders and Law-Makers
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221:Oxford English Dictionary
187:Assize of mort d'ancestor
38:("recent dispossession";
36:assize of novel disseisin
316:(London 1967) p. 339–340
329:(London 1967) p. 339-40
269:Encyclopædia Britannica
398:Sutherland, Donald W.
343:(London 1962) p. 96-7
288:The Early Middle Ages
284:Assize of Northampton
473:English property law
357:(London 1963) p. 249
290:(London 1968) p. 150
286:", in D. Baker, ed.
247:(London 1966) p. 339
463:12th century in law
386:(London 005) p. 136
380:Christina Hardyment
299:J. R. Tanner, ed.,
82:Assize of Clarendon
80:in the wake of the
366:Z. N. Brooke ed.,
126:Ranulf de Glanvill
353:S. H. Steinberg,
174:Sir Thomas Malory
161:bastard feudalism
16:(Redirected from
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216:"disseisin"
108:Development
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447:Categories
438:0406625034
229:13 January
203:References
339:Helen Cam
172:In 1422,
181:See also
78:Henry II
148:essoins
101:essoins
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384:Malory
154:Abuses
121:Format
88:Origin
34:, the
458:1166
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231:2019
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