Legal Definitions - de aetate probanda

De aetate probanda is a historical legal term from medieval English law. It refers to a specific type of legal order, known as a writ, issued by the Crown. This writ commanded a local official, typically the sheriff, to assemble a jury. The jury's sole purpose was to investigate and formally determine whether an heir, who was set to inherit land held directly from the King or Queen, had reached the legal age of majority. This determination was crucial because an heir could only take full control of their inherited estate once they were deemed to be of age.

Here are a few examples illustrating the application of de aetate probanda:

• Example 1: Confirming a Young Baron's Inheritance

  Imagine a powerful baron, Sir Reginald, who held vast lands directly from the King, suddenly passes away. His eldest son, Arthur, is believed to be 20 years old, just shy of the legal age of majority (often 21 for knights' service tenure). Before Arthur can formally take possession of his father's estates and swear fealty to the King as the new tenant-in-chief, the Crown would issue a de aetate probanda writ. This writ would direct the local sheriff to gather a jury of local gentry and freemen. Their task would be to hear testimony and examine evidence (like birth records, witness accounts, or even physical appearance) to definitively determine if Arthur had indeed reached the age of majority, thereby proving his legal capacity to inherit and manage the lands.

• Example 2: An Heiress Ending Royal Wardship

  Lady Eleanor, a wealthy heiress, was orphaned at a young age, and her substantial estate, held directly from the Crown, was placed under royal wardship. As she approaches what she believes is her 21st birthday, she wishes to end the wardship and assume full control of her inheritance, including the revenues and governance of her lands. To formally release her from wardship and grant her full rights to her estate, the King's court would issue a de aetate probanda. This legal process would ensure that a jury formally verified her age, confirming she met the legal requirements to manage her own affairs and property independently, free from the oversight of a guardian appointed by the Crown.