Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
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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