The Blip Blop Blog (Team Entity)

With the advent and subsequent stifling of the writ system, defects in the common law, the principle that like cases should be treated in like manner, became more apparent. For starters judges and juries adhered too strictly to precedent and decided in line with past cases, without taking into account other facts and factors regardless of how compelling they were. Furthermore, the process of jury vetting at the time did not exist or was not as comprehensive as it is today, and members of the jury were at times prone to be corrupt and were not averse to intimidating the parties at a trial. In terms of remedies the only remedy that was available was damages and remedies like specific performance and injunctions (equitable remedies) were not available. In addition to that the process was overly lengthy with too much attention being paid to what was written and what was not, and the common law courts did not recognize trusts. Copyright © 2019 by Dyarne Jessica Ward

In 1285 the Statute of Westminster II (De Donis Conditionalibus) authorized clerks to issue writs but it was with regards to Writs of Formendon which restricted the sale of land that is inherited and protects the land from being sold, in the form of a trust, and causes it to pass automatically to a heir predetermined by a deed. While it did complicated matters somewhat (a large portion of the cases that were dealt with at the time were with regards to land) it did protect the rights and the interests of the predetermined heir, especially in cases and instances where the intended heir was a minor, and we also have to look at it in light of the fact that many of the feudal landowners were involved in the crusades (1021 – 1291) at the time, and often left behind young heirs. Copyright © 2019 by Dyarne Jessica Ward

Because of the drawbacks of the writ system, in 1258, the Provisions of Oxford were issued, which expressly forbade the issue of new writs without the permission or consent of the King in Council. The start of the Provisions of Oxford 1258 reads as follows: - It has been provided that from each county there shall be elected four discreet and lawful knights who, on every day that the county is held [i.e. the county court], shall assemble to hear all complaints touching any wrongs and injuries inflicted on any persons by sheriffs, bailiffs, or any other men, and to make the attachments that pertain to the said complaints until the first arrival of the chief justiciar in those parts: so that they shall take from the plaintiff adequate pledges for his prosecution, and from the defendant for his coming and standing trial before the said justiciar on his first arrival; and that the four knights aforesaid shall have all the said complaints enrolled, together with their attachments