Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
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 the assize of mort d'ancestor, an heir of a
tenant who died and who was refused the land by the lord could have
this refusal determined to be just or unjust. For this issue, the Royal
Court 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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