Tenants of manors and of escheats in royal hands, who had been excused from the monthly county court, were required to appear. Side by side with the reeve and four men of the rural townships appeared the twelve legal men of each of the chartered boroughs which owed no suit to the ordinary county court. In the formation of the jury of presentment for criminal cases, each hundred sent twelve legal men and each township four to make report to the justices. Women did not serve on juries. Compurgation was not used; accused persons were sent directly to the ordeal. In 1194, twelve knights or legal men from each hundred answer before any itinerant justice for their hundred in all criminal, civil, and fiscal cases. All who are bound to attend before the itinerant justices are, in the forest counties, compelled to attend the forest courts.

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 ("free tenement" was decided by justices to be one held for life or one held heritably [a fee]), 3) the repression of serious crime, and 4) the relations between the lay and the ecclesiastical courts.

Our Legal Heritage — Part 115

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.

Our Legal Heritage — Part 115

Henry was determined to protect lawful seisin of land and issued assizes giving the Royal Court authority to decide land law issues which had not been given justice in the county or lord's court. But he did not ordain that all litigation respecting free tenements, e.g. right of seisin, should take place in the king's court. Rather he gave protection to mere possession of land, which could be justified because possession was intimately associated with the maintenance of the king's peace. These assizes included issues of novel disseisin [recent ejectment] of a person's free tenement or of his common of pasture which belonged to his freehold. Though the petty assize of disseisin only provided a swift preliminary action to protect possession pending the lengthy and involved 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.

Our Legal Heritage — Part 115