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onveyed or just rented; issues of whether a man was free, for
which his lineage was examined; issues of to which lord a villein
belonged; issues of nuisance such as making or destroying a bank,
ditch, or hedge; diverting a watercourse or damming it to make a
pool; obstructing a road, and issues of what grazing rights were
conveyed in pasture land, waste, woods, or arable fields between
harvest and sowing. Grazing right disputes usually arose from the
ambiguous language in the grant of land "with appurtenances".
Courts awarded specific relief as well as money damages. If a
landlord broke his covenant to lease land for a term of years, the
court restored possession to the lessee. If a lord did not perform
the services due to his superior lord, the court ordered him to
perform the services. The courts also ordered repair by a lessee.
Debts of country knights and freeholders were heard in the local
courts; debts of merchants and burgesses were heard in the courts
of the fairs and boroughs; debts due under wills and testaments
were heard in the ecclesiastical courts. The ecclesiastical courts
deemed marriage to legitimize bastard children whose parents
married, so they inherited personal property and money of their
parents. Proof was by compurgation. Church law required
excommunication to be in writing with the reasons therefore, and a
copy given to the excommunicant. A church judge was required to
employ a notary or two men to write down all acts of the judge and
to give a copy to the parties to protect against unjust judges. No
cleric was allowed to pronounce or execute a sentence of death or
to take part in judicial tests or ordeals. Anyone knowingly
accepting a stolen article was required to restore it to its
owner. Heretics were to be excommunicated.
Trial by combat is still available, although it is extremely rare
for it to actually take place.
The manor court imposed penalties on those who did not perform
their services to the manor and the lord wrote down the customs of
the manor for future use in other courts.
By statute, no fines could be taken of any man for fair pleading
in the Circuit of Justiciars, county, hundred, or manor courts.
Various statutes relaxed the requirements for attendance at court
of those who were not involved in a case as long as there were
enough to make the inquests fully. And "every freeman who owes
suit to the county, tything, hundred, and wapentake, or to the
Court of his Lo
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