(1): The letter of the law.

One question remains: was this provision observed in practice? The answer is that its letter was stringently observed, but its spirit was evaded. Writs praecipe that deliberately evoked suits, other than those of Crown tenants, to the King’s courts ceased to be issued, but the sphere denied to the writ was made as narrow as possible; and methods were devised for reducing seignorial courts practically to impotence, without direct violation of the terms of the Great Charter.

The Chancery, in obedience to Magna Carta, ceased to issue this particular form of writ in such a manner as to cause a freeman “to lose his court.” It was still issued to Crown tenants; but strictly denied to under–tenants, who were thus left to find redress at the feudal court of the magnate from whom they held their land.

The measure thus forced on the Crown in the selfish interests of the baronage, inflicted hardship on tenants of mesne lords: the court baron was now their only source of feudal justice, and in that court they could not get the benefit of the improved methods of royal procedure. In particular, the grand assize was a royal monopoly. The magnates, indeed, desired to adopt it, but they had difficulty in getting together twelve knights willing to act as jurors. Whatever hopes the barons entertained of overcoming such difficulties were disappointed: in 1259 the Provisions of Westminster declared that freeholders should not be compelled to swear against their will “since no one can make them do this without the King’s warrant.” It was the deliberate policy of Edward I. to exaggerate all such difficulties, putting every obstacle in the way of private courts, until he reduced their jurisdictions to sinecures.