Legal History Review
Online ISSN : 1883-5562
Print ISSN : 0441-2508
ISSN-L : 0441-2508
The Feudal Framework of The Land Law in Glanvill
Katsujiro MATSUMURA
Author information
JOURNAL FREE ACCESS

1990 Volume 1990 Issue 40 Pages 111-133,en7

Details
Abstract
The paper studies the English Land Law period with Glanvill (called G hereafter) as a main objective, particularly restricting the theme within the Tenure by Knight Service.
The paper develops along the following procedures. First it is stated that Glanvill is the earliest law book of Common Law and it's situation in the English Legal History, and then comes the mention that an action on the Tenure by Knight Service at the Court Baron holds a 'seignorial' character through the analysis of Glanvill and Plea Rolls. Then unexpectedly the lord emerges in the spotlight, who was thought to take an impartial role in the turmoil between the demandant and the tenant around the Tenure by Knight Service. That is to say, the lord becomes a real party in the turmoil in question.
Then secondly through the study of a writ of right patent (G. XII, 3), an assize of novel disseisin (XIII, 33) etc, the transition of suits from the Lord and the Court Baron to the Crown and Royal Justice, to point out that at the background of this, there are writs conceived by the King's Court and the novel proof contained in it, i. e. Jury in the broad sense.
And then, it studies the nature of English Feudalism in Glanvill, i. e. the real sense of 'seignoral' character. That is to say, the status contract (homage) and its progressive character, services and incidents, and right of succession and alienation on the tenure of knight service (=feodum). And in conclusion, Common Law in its emerging period is the law which being established during the transfer process of the jurisdiction over real action from Count Baron to King's Court.
This conclusion, the author assumes, will be revealed through the coming studies of the relation between the Crown and the local especially local selfcontrol with the county court convention in the center. And also this remains to be solved henceforth together with the closer analysis of each real action such as an assize of novel disseisin, a writ of right, and a writ of entry sur disseisin etc.
Content from these authors
© Japan Legal History Association
Previous article Next article
feedback
Top