Actions Begun By Plaint In Medieval England

For a long time, it was commonly regarded as a basic assumption that no onecould commence an action at law without a writ, especially an original writ, becauseof the leading role of writ system in Medieval English law. After examining quantitiesof plea rolls and legal literatures concerning medieval England, the professors ofSelden Society revealed us the phenomenon of procedures without writ. At leastbetween AD.1100to1400，considerable actions were begun by plaints presented byplaintiffs. Most of the research findings mentioned above were included in SelectCases of Procedure without Writ under Henry III, which is Volume60of thepublication of the Selden Society and opened up a rarely known side of writ systembefore our eyes. Plenty of actions included in this volume showed that writs applied tocommence action had been admitted by nearly all kinds of courts and could be used tomany types of cases. It is writs as well as plaints that constituted the forms of action.However, we must consider the restrictions imposed upon the use of plaints. Theemergence of actions begun by plaint was merely the germination of factors of thelaw of equity, but it has been proved by the gradual progress of English law that this isa notable germination whose effect sustains until now.