Legal Definitions - petty assize

A petty assize was a specific type of legal action in medieval England, designed to provide a quick and summary resolution to disputes over who was *in possession* of land, rather than who was the ultimate *owner*. These procedures were a swift remedy intended to prevent unlawful seizure of property and to restore immediate possession to a person who had been recently dispossessed. The goal was to maintain peace and order regarding landholding by quickly re-establishing the status quo, without getting bogged down in lengthy trials about complex, long-term ownership claims.

Here are some examples illustrating the concept of a petty assize:

• Example 1: Unlawful Dispossession of Farmland

  Imagine a farmer named Agnes who has been cultivating a particular field for many years. One spring, a neighboring baron, Lord Fitzwilliam, suddenly sends his men to fence off Agnes's field and prevent her from planting her crops, claiming the land is rightfully his. Agnes, having been forcibly removed from the land she has actively farmed, could initiate a petty assize.

  This action would not immediately determine if Lord Fitzwilliam *owned* the land in the long term. Instead, the petty assize would focus on the fact that Agnes was recently *dispossessed* of land she had been occupying and working. The court would likely order her immediate restoration to possession, allowing her to continue farming while any deeper, more complex claims of ultimate ownership could be pursued through a separate, more involved legal process.

• Example 2: Heir Denied Possession of Inherited Manor

  Consider the situation where Sir Geoffrey dies, and his eldest son, Edward, expects to inherit and take possession of his father's manor and surrounding lands, which Sir Geoffrey had held for decades. However, Sir Geoffrey's ambitious nephew, Robert, quickly moves into the manor house and occupies it, refusing to allow Edward to enter or claim his inheritance.

  Edward could utilize a petty assize, specifically one known as an "assize of mort d'ancestor" (meaning "death of the ancestor"). This legal action would focus on proving that Sir Geoffrey died *in possession* of the land and that Edward is his rightful heir. The assize would aim to swiftly grant Edward possession of the manor, without immediately resolving any potential long-standing claims Robert might have to ultimate ownership, which would require a different, more involved legal proceeding.

• Example 3: Dispute Over a Church Benefice

  In medieval times, the right to "present" (nominate) a clergyman to a vacant church position (a benefice) often came with land ownership. If a church became vacant, and two different lords, Lord Hastings and Lady Eleanor, both claimed the right to present a new priest, they might find themselves in a dispute. Lady Eleanor might attempt to present her chosen priest, only to find Lord Hastings has already installed his own candidate.

  Lady Eleanor could initiate a petty assize known as an "assize of darrein presentment" (meaning "last presentation"). This assize would not determine who ultimately owned the land to which the church was attached. Instead, it would quickly establish who had made the *last presentation* to that church when it was previously vacant. The court would then typically uphold that prior right, allowing the person who had made the last presentation to make the current one, thereby restoring the immediate right to present without delving into the complex underlying land ownership dispute.