Legal Definitions - assize utrum

Assize utrum was a specific legal procedure used in medieval England to determine the nature of land ownership, particularly whether a piece of land was held under secular (lay) tenure or religious (spiritual) tenure. The term "utrum" is Latin for "whether," which highlights the central question the procedure sought to answer.

At its core, the assize utrum was a writ, or a formal legal command, that initiated an inquiry by a jury. This jury's task was to decide whether the land in question belonged to a lay lord or individual, subject to the King's courts and secular law, or to a church or religious institution, initially subject to ecclesiastical (church) courts and spiritual law.

The outcome of the assize utrum was crucial because it determined which court system had the authority, or jurisdiction, to hear any further disputes about that land. Over time, as the power of church courts diminished regarding land matters, the ass assize utrum evolved. It became a vital tool for clergy, such as a parish priest (parson), to establish their legal right to church-owned land (known as glebe land) directly within the royal courts, even though the land was held by spiritual tenure.

Here are some examples illustrating the application of assize utrum:

• Example 1: Resolving Jurisdictional Disputes

  Imagine a dispute in the 13th century where a powerful baron, Lord Ashworth, claims a fertile meadow as part of his feudal estate (lay tenure), while the nearby Abbey of St. Michael insists the meadow was granted to them centuries ago as "frankalmoign" (spiritual tenure) in return for prayers for the baron's ancestors. Before any court could hear a case about who truly owned the meadow, an assize utrum would be initiated. A jury would be summoned to determine whether the meadow was held by Lord Ashworth under lay tenure or by the Abbey under spiritual tenure. If the jury found it was lay tenure, the dispute would proceed in the King's royal court. If it was spiritual tenure, it would initially fall under the jurisdiction of the church courts.

  This example demonstrates how the assize utrum served as a preliminary step to establish the correct legal jurisdiction based on the type of land tenure.

• Example 2: A Parson Asserting Title to Glebe Land

  Consider a situation in the 14th century where a new parson, Father Thomas, arrives at a parish and discovers that a local farmer has encroached upon a field traditionally considered part of the church's glebe land (land designated to support the parish priest). The farmer claims the field has always been part of his family's farm. Father Thomas, as a parson, couldn't use the standard legal writs for land disputes that required tracing ancestral ownership, as he held the land in right of the church, not personally. Instead, he would initiate an assize utrum. The jury would be asked to determine whether the disputed field was "the free alms of the Church of [Parish Name]." A positive answer would legally confirm the field as glebe land, establishing Father Thomas's right to it within the royal court system, even though it was spiritual property.

  This example illustrates the evolved use of the assize utrum as a means for clergy to assert and confirm their title to church lands in royal courts, especially after ecclesiastical courts lost their direct jurisdiction over such matters.