Legal Definitions - brieve of mortancestry

The term brieve of mortancestry refers to a specific type of legal document, or "writ," that was used in medieval English law. A "brieve" was a formal command issued by the king to initiate a legal process. "Mortancestry" literally translates to "death of an ancestor."

Therefore, a brieve of mortancestry was the legal instrument used by an heir to claim possession of land that they believed was rightfully theirs after the death of an ancestor. It was specifically designed for situations where an ancestor had died possessing land as a freehold (meaning they owned it outright), and another party had subsequently taken possession of that land, preventing the rightful heir from inheriting it. This legal action allowed the heir to quickly recover the land by proving only that their ancestor had died seized of the land and that they were the next in line to inherit.

• Example 1: The Absent Son

  A wealthy knight, Sir Alaric, dies unexpectedly while his eldest son, Edmund, is away serving in a distant war. During Edmund's prolonged absence, a cunning distant relative, Baron Godfrey, moves onto Sir Alaric's estate, claiming it for himself, arguing that Edmund's whereabouts are unknown and he might be dead.

  Upon Edmund's eventual return, he would issue a brieve of mortancestry. This legal document would serve as the formal command to Baron Godfrey, compelling him to appear in court and explain why he was occupying land that rightfully belonged to Edmund, as the direct heir of Sir Alaric, who had died in possession of the estate. The brieve would initiate the legal process for Edmund to reclaim his inherited lands.

• Example 2: The Disputed Manor

  Lady Isolde passes away, leaving her valuable manor and surrounding lands to her only daughter, Rowena. However, Lady Isolde's ambitious younger brother, Lord Percival, immediately takes control of the manor, asserting that women cannot inherit such significant estates directly and that he, as the closest male relative, is the rightful successor.

  Rowena would seek a brieve of mortancestry. This writ would serve as the formal legal challenge to Lord Percival's occupation. It would compel him to relinquish the manor or present a legal justification for his claim, based on the fact that Lady Isolde (the ancestor) died holding the land and Rowena was her rightful heir according to the established laws of inheritance.

• Example 3: The Unclaimed Farmland

  A prosperous farmer, Master Elian, dies without a will, and his only known heir, his nephew Thomas, lives in a distant county and is unaware of his uncle's death. A neighboring farmer, seeing Master Elian's fields vacant, begins to cultivate them, intending to claim them through continuous possession.

  When Thomas eventually learns of his uncle's death and the encroachment, he would apply for a brieve of mortancestry. This brieve would be the official legal instrument to assert his claim as the rightful heir, forcing the neighboring farmer to cease his occupation and allowing Thomas to take possession of the inherited farmland, based on his uncle's recent death and his direct lineage.