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Simple English definitions for legal terms
assize utrum
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A quick definition of assize utrum:
Assize Utrum: A legal term from Latin that refers to a writ used to determine whether land claimed by a church was held by lay or spiritual tenure. The writ required a fact-finder to determine whether the land belonged to the church. It was named after its emphatic word, "utrum." The writ was used by the Church to claim jurisdiction over spiritual land. Later, the writ became the parson's substitute for the writ of right. The parson could not use the writs of right, so the assize utrum could be made to serve the parson. The question asked in the writ was whether certain land in a parish was "the free alms of the Church of X." If the answer was "yes," then it followed that it was the parson of the parish's land. The assize utrum was important as being the first instance known to us of the general use of the royal procedure by way of inquest in a matter of private litigation.
A more thorough explanation:
Definition: Assize utrum is a Latin term used in history to refer to a writ that determined whether land claimed by a church was held by lay or spiritual tenure. The writ was named after its emphatic word, which required the fact-finder to determine whether the land belonged to the church.
Example: In the assize utrum, a jury was summoned to decide whether land was held by lay or spiritual tenure. This was a preliminary question to any litigation about it, for the Church claimed jurisdiction over spiritual land. Later, the Church lost this jurisdiction, and the assize utrum became the parson's substitute for the writ of right.
Explanation: The example illustrates how the assize utrum was used to determine the ownership of land claimed by the Church. The writ was used to establish whether the land was held by lay or spiritual tenure, which was a crucial factor in deciding the jurisdiction of the case. The example also shows how the assize utrum evolved over time to become a substitute for the writ of right, which was used to establish the right to land ownership.