English Legal History
2/20/2009
Outline—Discussion Class

 

 

 

 

 

I. SELF-TEST QUESTIONS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I. THE REFORMS OF HENRY II — THE POLSTEAD SAGA

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

III. THE REFORMS OF HENRY II — GLANVILL [The influence of Roman law]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IV. THE ACHIEVEMENTS OF THE ANGEVINS

 

 

V. WHERE DO WE GO FROM HERE?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

the assizes of henry ii—glanvill and the polstead saga

 

The hour exam will cover assignments 1-22. Assignment 20, which is currently booked as an introduction
to the 14th century will be postponed to after the hour exam. I’ll post an different assignment for that class,
which will consist mostly of focusing on pieces of some things that you’ve already read.

1.

Polstead Saga, entries 3, 4, 6, 8, 9: How do we know that Hugh de Polstead is selling his land to Geoffrey de Maisi?

2.

Polstead Saga, same case: How do we know that the real party at interest later on is the abbot of Glastonbury?

3.

Burnham, entries 18 and 55.  How do we know that the count of Perche was the lord of this land?

4.

Compton and Chiddingfold, no. 75, no. 5, and all that litigation in the middle, including no. 48, Hugh de Windsor, otherwise unknown.  What seems to be the ultimate cause of all of this litigation?

5.

Polstead saga entry no. 45-6 (pp. IV-38).  What is maritagium, the special payment to the king for the special mise-like jury, the meaning of the word “intrusion,” the meaning of the word “deraign”?

6.

Prittlewell entry nos. 28-30 (p. IV-36), 35 (p. IV-37, this may not be the same case, depends on whether Hugh Butler and Hugh Tailor is the same person), 38 (p. IV-37, again may not be the same case).  The heir is the warrantor of the widow’s dower.  (We’ll deal with this case in detail next week.)

7.

Entry no. 30 (p. IV-36): assisa venit recognitura.  What does this mean?  What does assize mean?  The relationship of the petty assizes to the ideas of possession and ownership.  The relationship of the petty assizes to the work of Henry II.

 

1.

Compton (Surrey) and Chiddingfold:

 

5:P96—fine: Walter de Windsor to H. de P. for Compton:

5. 26 May 1196. “This is a final concord made in the court of the lord king at Westminster on the octave of St. Dunstan in the seventh year of King Richard before H[ubert Walter] archbishop of Canterbury, R[ichard fitz Neal] bishop of London, G[ilbert Glanvill] bishop of Rochester, R[ichard Barre] archdeacon of Ely, Master Thomas de Hurstbourne, Osbert fitz Hervey, Simon de Pattishall, Richard de Herriard, then justices, and other faithful men of the lord king then present, between Walter de Windsor [Berks] demandant and Hugh de Polstead and Cecilia his wife tenants about a fee of half a knight in Compton [Surrey] about which there was a plea between them in the aforesaid court, to wit: that the aforesaid Walter quitclaimed all right and claim that he had in the aforesaid fee of half a knight for himself and his heirs to the aforesaid Hugh and Cecily and their heirs for ever, saving the claim of the same Walter or his heirs for the service of the aforesaid fee against William de Hastings [Sussex] or his heirs, if he or his heirs can deraign the service against the aforesaid William de Hastings or his heirs. And for this final concord and quitclaim the aforesaid Hugh and Cecilia his wife give the aforesaid Walter thirty marks of silver.” Id. 150–1, no 167 (Surrey no 3). (William de Hastings may = William de Windsor, see no 75.)

75. 1242 X 1243. Surrey. “Of the honour of William de Windsor. Hugh de Polstead holds a half a knights fee in Compton of the same honour.” Id. 2 (1923) 685. (This is a document connected with the great scutage raised in connection with Henry III’s expedition to Gascony in 1242. The honour of William de Windsor was one-half of the honour of Eton [Bucks]. His father, also William, and his father’s cousin Walter had divided the honour in 1198 after fifteen years in which the inheritance had been disputed. Walter’s portion passed to his sisters Christiana and Gunnor in 1203, the latter of whom was married to ?Hugh I de Hosdeny. Thence it passed to Ralph I in 1203 and to Hugh II de Hosdeny in 1222. Sanders, English Baronies 116–17.)

32:M04—novel disseisin, C. de P. vs. Hugh de H., Chiddingfold:

32. Id.Surrey. The assize comes to recognize if Hugh de Horsley unjustly and without judgment disseised Cecilia de Polstead of her free tenement in Chiddingfold [Surrey] within the assize. The jurors say that he thus disseised her. Judgment. Let her have her seisin, and Hugh is in mercy for the disseisin two and a half marks. Damage two and a half marks.” CRR 3:235.

37:M05—Cecilia owes for her assize, Chiddingfold:

37. Michaelmas, 1205. New offerings. Surrey. “Cecilia de Polstead owes a half a mark for having a recognizance of novel disseisen at Westminster over Hugh de Horsley about her free tenement in Chiddingfold.” S. Smith (ed), The Great Roll of the Pipe for the Seventh Year of the Reign of King John, PRS ns 19 (London 1941) 155.

42:P06—Cecilia essoins against H. de H. plea of rent, R. de H. loses his court:

42. Easter, 1206. Essoins probably for sickness in coming to court. “Surrey. Cecilia de Polstead against Hugh de Horsley about a plea of rent by Roger de ‘Reindon’’. To the day after the octave of St. John [2 July] He has sworn. Ralph de ‘Hodeng’’ asks for his court about it. Let him not have court by consideration of the court.” Id. 282, no 2082. See below no 75.

47:T06—R. de H. and D. de L. claim their court, Chiddingfold:

47. Trinity, 1206. “Surrey. Ralph de ‘Hodeny’ and Duncan de ‘Lacell’’ asked for their court on the third day before the pleas in the suit which is between Hugh de Horsley and Cecilia de Polstead about the land of the Walds [probably in Chiddingfold, Surrey].” Id. 181.

48:T06—Hugh de W., writ of entry dum infra aetatem, Compton:

48. Id.Surrey. Hugh de Windsor demands against Cecilia de Polstead one hide of land with its appurtenances in ‘Witentre’ [probably in Compton, Surrey] into which she would not have had entry except through Walter and William de Windsor who gave it to her while the same Hugh was under age and in their custody. And she asks for a view of the land. A day is given in the octave of St. Michael [6 October].” CRR 4:207. [This guy does not fit in the genealogy in no. 75. William’s son was also William and Walter had only daughters.]

ASIDE: Bodleian Register R no. 780. “render to A. who is of full age, as it is said, ten acres of land with apppurtenances in N. into which the said B. has no entry save by G. to whom the aforesaid A. demised them while under age etc.”

This is a “downward-looking” claim, a type of claim of which we get only the barest of hints in Glanvill.

53:M06—Cecilia essoins vs. H. de W. by her atty:

53. Michaelmas, 1206. Essoins for sickness in coming to court:.Surrey. Ralph, attorney of Cecilia de Polstead against Hugh de Windsor about a plea of land by Ralph de Burnham. To two weeks after the octave of St. Michael [20 October]. He has sworn.” PKJ 3:298, no 2230.

54:M06—Cecilia brings in Michael clericus, Compton:

54. Michaelmas, 1206. “Surrey. Hugh de Windsor demands agasinst Cecilia de Polstead one hide of land with its appurtenances in ‘la Witretre’ as his right. And her attorney says that he [sic] does not hold that land but Michael the clerk holds it. And therefore he withdraws without a day.” CRR 4:241.

58:M07—Michael essoins, Compton:

58. Michaelmas, 1207. Essoins for sickness in coming to court:. “Michael de Polstead against Hugh de Windsor about a plea of land by Ralph de ‘Slifeld’’. After the view. Two weeks after St. Hilary. He has sworn.” Id. 37, no 2842.

64:P08—Michael and C. essoin, Wm. makes atty., Compton:

64. Easter, 1208. Essoins for sickness in coming to court. “Surrey. Michael de Polstead against Hugh de Windsor in a plea of land by John de ‘Kendon’’. One month after Easter. He has sworn. The same day is given to Cecilia de Polstead by Roger her attorney. Hugh de Windsor puts in his place William de Horsley.” Id. 48, no 2938.

65:P08—Cecilia makes atty., warranty, Compton case ends:

65. Easter, 1208. “Surrey. Cecilia de Polstead puts Roger de Polstead in her place against Hugh de Windsor about a plea of warranty of land and about a plea of two and a half marks silver.” CRR 5:187.

Tentative conclusion: Hugh and Cecilia get in trouble because they got their ticket from the wrong management.

 

2.

Burnham (abbreviated). This is a wonderful case for anyone who is interested in marital property. [Think we covered this adequately in lecture; questions?]

15:P99—? covenant

16:M99—suggests that the writ is ostensurus quare he made her a nun

18:M99—Walter G. tells his story

45–6:P06—More of the story comes out

49–52:T06,M06—Mighty unclear but clearly the sisters are suing each other

55:H07—the countess of Perche demands her court

71:P09—Compromise

Tentative conclusion: The marriage settlement goes awry because the lord’s arrangements for Juliana cannot be enforced after the break with Normandy in 1204.

 

Glanvill Prologue 1: “Not only must royal power be furnished with arms against rebels and nations which rise up against the king and the realm, but it is also fitting that it should be adorend with laws for the governance of subject and peaceful peoples; so that in time of both peach and war our glorious king may so successfully perform his office that, by crushing the pride of the unbridled and ungovernable with the right hand of strength and tempering justice for the humble and meek with the rod of equity, he may both be always victorious in wars with his enemies and also show himself continually impartial in dealing with his subjects.”

Justinian Prologue 1: “The imperial majesty should be armed with laws as well as glorified with arms, that there may be good government in times of both war and of peace, and the ruler of Rome may not only be victorious over his enemies, but may show himself as scrupulously regardful of justice as triumphant over his conquered foes.”

Glanvill, 1.1: “Pleas are either civil or cirminal. Some criminal pleas belong to the crown of the lord king, and some to the sheriffs of counties. The following belong to the crown of the lord king:”

Glanvill 1.3: “ Pleas concerning baronies; pleas concerning advowons of churches; the question of status; pleas of dower, when the woman has so far received none; complaints that Wnes made in the lord king’s court have not been observed; pleas concerning the doing of homage and the receiving of relief; purprestures; debts of laymen. All these pleas concern solely claims to the property (proprietas) in the disputed subject-matter: those pleas in which the claim is based on possession (possessio), and which are determine by recognitions, will be discussed later in their proper place”

 

1.

1185 (Pipe Roll 31 Henry II, p. 17): “The village of Malden accounts for three marks for hanging a thief without a view of a royal official.”

2.

1202 (Lincs. Assize Rolls (LRS 1926) no. 918 (eyre): “Eustace of Thoubebi, serjeant of the wapentake, is in mercy because he said that with the counsel of the wapentake, he took charge of the chattels of a certain man who hanged himself, and the wapentake failed to corroborate him.”

3.

Id. No. 1012.  Vagrant who cannot find a pledge is put in the pillory in Lincoln.  The staging collapses and the man dies.  The justices say “Let those responsible be held in custody.”

 

1.

We’re about to deal with four major developments (chronology p. V–1):.

 

a.

Magna Carta (1215) (Wednesday next, lecture)

 

b.

The Barons’ Wars (1258-1265) (Monday week, lecture)

 

c.

The legislation of Edward I (Wednesday next, section)

 

d.

The rise of parliament (Wednesday week, lecture)

 

On Monday, we will attempt to summarize in lecture our story of the reforms of Henry II. The remaining time before the hour exam will be occupied with trying to take stock c. 1300, particularly social structure and the idea of kingship.

2.

Some major points that one might get out of all of this:

 

a.

The connection between justice and money.

 

b.

The notion of good lordship (that’s a personal relationship).

 

c.

The relationship of law and custom (ties in with no. (a)).  The relationship between law and reason is hinted at (think for example of that word ‘deraign’ in entry no. 45) (though its heyday lies in the future).  The relationship between law and the command of the sovereign is certainly not there.

 

d.

The idea of community (hinted at).

 

e.

Kinship—what has happened to it?  (Ideas of the nuclear family [particularly with regard to women] of the stem family).

 

f.

The sorts and conditions of men.  (We’ve focused on the elite because for the earlier period, we know very little about ordinary men and women.  We now begin to get some hints about them, hints that are broad enough that we can begin to draw a picture of the whole society.)

 

 

 

 

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