The Assisa de Utrum is a legal term that was used in the past to determine the ownership of land, whether it belonged to a church or a lay person. It derived its name from the Latin word “utrum,” meaning “whether.” A jury was called upon to decide the rightful owner of the land. Over time, parsons began using this writ to establish if specific land within a parish belonged to the church. If the answer was affirmative, then it was considered the parson’s property. This writ held significance as it marked the first instance of utilizing a royal procedure to settle a private legal dispute.
The term “assisa de utrum” refers to a writ used in medieval England to determine whether land claimed by a church was held by lay or spiritual tenure. This writ required a fact-finder to determine the ownership of the land in question. For example, a jury would be summoned to decide whether the land belonged to the church or not. This was an important preliminary question before any litigation could proceed, as the Church claimed jurisdiction over spiritual land. However, later on, the Church lost this jurisdiction and the assisa de utrum became the parson’s substitute for the writ of right. This example demonstrates how the assisa de utrum was used to determine land ownership claimed by the Church. It was significant because it was the first known instance of the general use of the royal procedure through an inquest in private litigation. Depending on the inquest’s answer, if the land was held in frankalmoign, the case would go to the ecclesiastical court. If it was determined to be lay fee, it would go to the appropriate lay tribunal.
Assisa De Utrum is a legal term that refers to a medieval English law that determined whether a person or institution had the right to present a candidate for a vacant ecclesiastical office.
The purpose of Assisa De Utrum was to resolve disputes regarding the appointment of individuals to ecclesiastical positions, ensuring that the rightful candidate was chosen.
The authority to invoke Assisa De Utrum rested with the king or his representatives, who would initiate the legal process to determine the rightful candidate for the vacant office.
Assisa De Utrum involved a jury of twelve knights who would hear evidence and arguments from both parties involved in the dispute. The jury would then render a verdict based on the evidence presented.
If a claimant was successful in an Assisa De Utrum claim, they would be granted the right to present their candidate for the vacant ecclesiastical office, effectively securing their appointment.
Yes, the verdict of an Assisa De Utrum could be appealed to a higher court if either party disagreed with the decision reached by the jury.
No, Assisa De Utrum is an archaic legal procedure that is no longer applicable in modern legal systems.
While there may not be an exact equivalent, modern legal systems have various procedures in place to resolve disputes related to appointments or nominations, such as administrative hearings or judicial review.
Assisa De Utrum was in effect during the medieval period in England, primarily from the 12th to the 14th century.
Assisa De Utrum played a crucial role in medieval England by establishing a legal framework to resolve disputes over ecclesiastical appointments, ensuring a fair and just process for determining the rightful candidate for vacant offices.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/assisa-de-utrum/
- Modern Language Association (MLA):Assisa De Utrum. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/assisa-de-utrum/.
- Chicago Manual of Style (CMS):Assisa De Utrum. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/assisa-de-utrum/ (accessed: May 09 2024).
- American Psychological Association (APA):Assisa De Utrum. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/assisa-de-utrum/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts