Our Legal Heritage : 600-1776 King Aethelbert - King George IIIReilly, S. A.
History
Our Legal Heritage : 600-1776 King Aethelbert - King George III
Reilly, S. A.
Law -- England -- History
Then an assize panel of recognition summoned concurrently with the
defendant and before he had pleaded, viewed the land in question
and answered, from their knowledge, these questions of fact: 1)
Was the plaintiff disseised of the freehold in question, unjustly
and without judgment? 2) Did the defendant commit the disseisin?
Testimony of a warrantor (or an attorney sent by him in his place)
or a charter of warranty served to prove seisin by gift, sale, or
exchange. No pleadings were necessary and the action could proceed
and judgment given even without the presence of the defendant. The
justices amerced the losing party with a monetary penalty. A
successful plaintiff might be awarded damages to compensate for
the loss of revenue.
There was also a writ for issues of inheritance of land called
"mort d'ancestor". By law the tenure of a person who died seised
of a tenure in a lord's demesne which was hereditary [seisin of
fee] returned to the lord, who had to give it to the heir of the
decedent. If the lord refused and kept it for himself or gave it
to someone else, the heir could sue in the Royal Court, which used
an similar assize panel of twelve men to decide whether the
ancestor was seised as of fee in his demesne, if the plaintiff was
the nearest heir, and whether the ancestor had died, gone on a
crusade but not returned, or had become a monk. Then it could give
possession to the heir. Since about 1150, heiresses divided the
land of their father if there was no son. The widow, of course,
retained her dower rights. As of 1176, the widow held her dower
from the heir instead of from the husband's lord. If the heir was
a minor, the guardian lord would be in actual control of the land.
A national policy was implemented that in the case of the death of
a freeholder, the rights of the family, his will, and his debts
were to be provided for before relief was paid to his lord.
Public-domain text, read in full here on John Shaqi.
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