Norman Legal History

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CHAPTER 2:Theoretical Framework for Moral Reasoning.

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Norman Legal History

Stephen

Earliest judicial writs emanate from this reign. Van Caenegem, writs no 45 Regesta iii 692

Henry I

statutum decretum keeping traditional customs meant that women could inherit and divide the land even though military tenure was developing to the advantage of the male heir

Evernote - Visibility of Trannsactions & p171 Chibnall - court "repository of custom"

Leges Henrici Primi

Writ of 1108 issued by HII made it plain that land pleas between king's tenants in chief be heard in King's court. Those between vassals of different lords in county court and those between vassals of same lord in that lord's court.

Parage see first para p174. Lead to primogeniture rule

Writs show serious problems with military tenants who refused to render service to their abbots and from farmers who still believed they could pass on their family estates to their heirs

Established national finance, Pipe Rolls

Grant Concerning Scrutage 1127. Scrutage effectively Royal tax

William II

Writ for Collection of Relief. No opportunity to refuse. Penalty is forfeiture of land

William I

Compurgation or wager of law. Alternative was battle or ordeal. Justice administered by travelling magnates

Seperated secular and temporal courts

Established "pure" feudal system

Subinfeudation

Intrinsec arises from agreement between 2 persons/Forinsec e.g. obligation to king

Bookland - appears to have been based on kin rather than lordship. See p164 Chibnall

Laws and customs saved by ecclesiastical scribes and used by Norman Administrators esp. Worcester and Rochester. Nothing later than Cnut appears to have been relied upon.

Concerned mostly with criminal matters and adapted provisions from earlier codes

Did not deal with inheritance but only unlawful occupation of property

Did not deal with non-criminal matters

Local communities had more effective share of maintenancxe of law & order than the Normans had

System in place of kinship and lordship but Normans were to develop Lordship. This was to influence descent of property through lines and also methods of law enforcement/peace keeping

Inherited working system which needed subjugation

Norman customs and laws

Alod. System whereby land held by hereditary right and did not imply full possession

Lordship powerful but feudal tenures slow to emerge as patrimony strong

Writs

Vernacular Writs recorded grants of land or rights given by King to Beneficiary

Most disposals/transfers done by witnesses. Also use of writ charters andlandbooks but not common

Property divided into acquisitions and patrimony

Courts

Shire

Heard claims for property

Hundred

Breach of peace

Sac & Soc - the full right of administering justice in a manor or lordship.

Honorial

Ecclesiastical courts heard many cases beyond their strict jurisdiction

No clear concepts of abstract law such as property or freedom

Glanvill

tried to formulate some general rules. If, for eg, a knight or tenant of a military fee died the oldest son would inherit. If no sone daughters inherit equally. Glanvill vii. 3 p76

Had "smattering of Roman law" which misled later historians

Henry II

HII's judges insisted on written evidence of land holding

Kings justice

Moved Sherrif's office from barons to lawyers/soldiers

Some had already made position hereditary

Assize of Arms 1181. Fryd resurrected meaning that HII could dispense with baronial military service. Trusted the people more than the barons. p24 intro Stubbs? earlyenglishlaws.ac.uk

Assize of Clarendon. 1166 An attempt to retrieve power from the local magnates and return it to the crown

Laws issued "cum consenso et consilio"

Introduced jury who were at first witnesses of fact. In other words they knew the defendant/claimant etc

No real attempt to introduce integrating laws instead use made of existing customs and laws