Legal Definitions - admensuratio

Admensuratio is a historical legal term referring to a process or writ used to correct an excessive allocation or share, particularly concerning property or rights. It served as a remedy to ensure that an individual received no more than their rightful portion, often in situations involving common resources or inheritance.

• Example 1: Common Pasture Rights

  In medieval England, villagers often held common rights to graze their livestock on shared pastureland. If one villager began to graze an unusually large number of animals, exceeding their customary entitlement and thereby diminishing the available forage for others, the community or other affected villagers could initiate an admensuratio.

  This legal action would involve a formal determination and measurement of the proper number of animals each villager was entitled to graze. The court would then compel the villager with the excessive herd to reduce their numbers to their legally "admeasured" share, restoring balance to the common resource.

• Example 2: Dower Rights

  Historically, a widow was entitled to a specific portion of her deceased husband's estate, known as dower, typically one-third of his lands. If, due to error, miscalculation, or deliberate over-assignment, a widow was granted a significantly larger share of the estate than legally permitted, the rightful heirs of the deceased husband could seek an admensuratio.

  This legal process would involve re-evaluating and re-measuring the assigned dower lands. Its purpose was to correct the excessive allocation, ensuring that the widow received only her legally prescribed share and that the remaining estate was properly distributed to the heirs.