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rd, may freely make his attorney attend for him."
All above the rank of knight were exempted from attendance on the
sheriff's turn, unless specifically summoned. Prelates and barons
were generally excepted from the county courts by the charters of
their estates. Charters of boroughs often excepted their
representatives at the county court when there were no justices.
Some barons and knights paid the sheriff to be excused. The king
often relieved the simple knights by special license. There was
frequently a problem of not having enough knights to hold the
assizes. Henry III excused the attendance at hundred courts of all
but those who were bound to special service, or who were concerned
in suits.
Trespass has become a writ of course in the common law. It still
involves violence, but its element of breach of the peace extends
to those breaches which do not amount to felony. It can include
assault and battery, physical force to land, and physical force to
chattels, e.g. assaulting and beating the plaintiff, breaking into
his close, or carrying off his goods. One found guilty is fined
and imprisoned. As in criminal matters, if a defendant does not
appear at court, his body can be seized and imprisoned, and if he
cannot be found, he may be outlawed. Trespass to goods results in
damages, rather than the return of the goods, for goods carried
off from the plaintiff's possession and can be brought by bailees.
In Chancery, the court of the Chancellor, if there is a case with
no remedy specified in the law, that is similar to a situation for
which there is a writ, then a new writ may be made for that case.
(By this will later be expanded the action of trespass called
"trespass on the case".)
Various cases from the manors of the abbey of Bec in 1248-1249
are:
1. Ragenilda of Bec gives 2s. for having married without
licence. Pledge, William of Pinner. The same Ragenilda
demands against Roger Loft and Juliana his wife a certain
messuage which belonged to Robert le Beck, and a jury of
twelve lawful men is granted her in consideration of the
said fine, and if she recovers seisin she will give in all
5s. And twelve jurors are elected, to wit, John of Hulle,
William Maureward, Robert Hale Walter But, Walter Sigar,
William Brihtwin, Richard Horseman, Richard Leofred, William
John's son, Hugh Cross, Richard Pontfret and Robert Croyser,
John Bisuthe and Gilbert Bisuthe who are sworn. And
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