How to write the history of a parishCox, J. Charles (John Charles)
History
How to write the history of a parish
Cox, J. Charles (John Charles)
Great Britain -- Historiography; Great Britain -- History, Local
The volumes known as the _Year Books_ contain reports in Norman-French
of cases argued and decided in the Courts of Common Law. They form the
basis of the “_lex non scripta_” of English jurisprudence, and are
worthy of attention on account of the historical information and the
notices of public and private persons which they contain. The frequent
disputes about heirship cause them often to be of value in manorial
history. These Reports begin in 1220, and an account of the different
books, their dates, etc., may be found in Worrall’s “_Bibliotheca Legum
Angliæ_,” 1788. Serjeant Maynard published an edition of early Year
Books, in eleven volumes, in 1679. Several of those of the reign of
Edward I. have been edited by the Record Commissioners. Lincoln’s Inn
Library, and the University Library, Cambridge, have a great number of
MS. Year Books. A work of much research, by Mr. Bigelow, has just been
published, entitled “_Placita Anglo-Normannica_,” it is a history of
the litigation and legal procedure of the temporal courts during the
period from the Norman Conquest to the middle of the reign of Richard
I. If there has been any early dispute about the manor or manorial
rights, this volume should certainly be consulted.
INQUISITIONES. _Inquisitiones post mortem_, are not unfrequently termed
“Escheats,” from the writs being directed to the county official called
the Escheator; but the term is incorrect, and should never be used, for
there is a class of documents correctly called _Escheat Rolls_, which
differ altogether from these inquisitions, and refer to the escheator’s
accounts of lands and property escheated to the crown from various
causes, and the profits and value of the same at different periods.
The _Inquisitio post mortem_, on the contrary, was an inquiry held on
oath by a jury of the district, summoned by virtue of a writ directed
to the county Escheator, on the death of every tenant in capite. The
jury had to inquire (1) of what lands the person died seized, (2)
by what rents or services the same were held, and (3) who was his
next heir and of what age; they had also to ascertain whether the
tenant was attainted of treason, or an alien, in which case the lands
reverted to the crown. The return of the jury, together with the writ
authorising the inquiry, were returned to the King’s Chancery, whence
a transcript was sent to the Exchequer, so that the proper officers
might be able to levy the duties and services thereupon due; for on
the death of each tenant in capite, a tax termed a “relief” was due
to the crown, and the heir could not take possession until the relief
was paid and homage done. Moreover, if the heir was a minor, the crown
administered the estates until he could make proof of his legal age
and perform homage. The Exchequer transcripts of these Inquisitions,
together in most cases with the writ, are still extant from the time
of Henry III. down to the end of the reign of Charles I., that is,
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