The Assize Utrum is a legal term derived from Latin that refers to a writ used to determine the ownership of land claimed by a church. This writ required a fact-finder to determine whether the land belonged to the church or was held by lay tenure. It was named after the emphatic word “utrum.” Originally, the Church used this writ to establish its jurisdiction over spiritual land. Over time, it became a substitute for the writ of right for the parson, who was unable to use the writs of right. The assize utrum served the parson by allowing them to determine whether certain land in a parish was “the free alms of the Church of X.” If the answer was affirmative, it meant that the land belonged to the parson of the parish. The assize utrum holds significance as it is the earliest known instance of the general use of the royal procedure through inquest in a private litigation matter.
Assize utrum, a Latin term from history, refers to a writ used to determine whether land claimed by a church was held by lay or spiritual tenure. The writ, named after its emphatic word, required a fact-finder to determine the land’s ownership by the church. For example, a jury was summoned in the assize utrum to decide the land’s tenure, a crucial question before any litigation, as the Church claimed jurisdiction over spiritual land. Eventually, the Church lost this jurisdiction, and the assize utrum became the parson’s substitute for the writ of right. This example illustrates how the assize utrum was used to establish land ownership claimed by the Church and how it evolved over time to become a substitute for the writ of right in determining land ownership rights.
Assize Utrum is a legal term that refers to a type of legal proceeding in medieval England where a jury would determine whether a person had the right to hold a particular office or land.
Assize Utrum is unique because it focuses specifically on determining the right to hold an office or land, whereas other legal proceedings may cover a broader range of legal issues.
Typically, the person claiming the right to hold the office or land would initiate an Assize Utrum by bringing a lawsuit against the current occupant or anyone challenging their claim.
In an Assize Utrum, the jury would consider various factors such as historical records, charters, deeds, and testimonies to determine the rightful claimant to the office or land.
The jury in an Assize Utrum plays a crucial role in deciding the outcome of the case. They carefully evaluate the evidence presented and render a verdict based on their assessment.
Yes, like any legal proceeding, an Assize Utrum can be appealed if either party believes there was an error in the application of the law or the jury’s decision.
The duration of an Assize Utrum can vary depending on the complexity of the case and the availability of evidence. It could take weeks or even months to reach a final verdict.
During the medieval period, lawyers were not commonly involved in Assize Utrum proceedings. However, parties could seek legal advice or representation if they desired.
Yes, if the jury determines that the claimant does not have a valid right to hold the office or land, they can lose their claim and the current occupant or challenger may be declared the rightful holder.
No, Assize Utrum is an archaic legal proceeding that was specific to medieval England and is no longer practiced in modern legal systems.
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: 17th 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/assize-utrum/
- Modern Language Association (MLA):Assize Utrum. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/assize-utrum/.
- Chicago Manual of Style (CMS):Assize Utrum. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/assize-utrum/ (accessed: May 09 2024).
- American Psychological Association (APA):Assize Utrum. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/assize-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