Legal Definitions - de haerede deliberando illi qui habet custodiam terrae

The Latin phrase de haerede deliberando illi qui habet custodiam terrae refers to a historical legal writ used in medieval English law. This writ was a formal written order issued by a court, specifically commanding the sheriff to deliver a minor heir into the custody of the person who legally held the wardship of that heir's land.

In the feudal system, when a landowner died leaving a minor heir, the right to "wardship" often fell to a superior lord or another designated guardian. This wardship included not only the management of the heir's lands and revenues until they came of age but also the responsibility for the heir's upbringing and marriage. The writ ensured that the heir was physically transferred to the rightful guardian to fulfill these duties.

• Example 1: Heir held by an unauthorized relative

  Imagine a young nobleman, Lord Alaric, whose father, a baron, has recently passed away. Alaric is only ten years old. According to feudal custom, the King, as the superior lord, holds the wardship of Alaric and his vast estates until Alaric reaches maturity. However, Alaric's ambitious uncle, Sir Kael, has taken the boy to his own castle, hoping to influence him or perhaps even usurp his inheritance. The King's court would issue a de haerede deliberando illi qui habet custodiam terrae writ, ordering the local sheriff to go to Sir Kael's castle and ensure Lord Alaric is safely delivered to the King's appointed guardian, who legally holds the wardship of Alaric's lands.

  This example illustrates the writ's function in compelling the transfer of a minor heir from an unauthorized holder (Sir Kael) to the rightful guardian (the King's appointee) who possesses the legal wardship of the heir's estates.

• Example 2: Heir residing on a distant property

  Lady Isolde, a wealthy heiress, is orphaned at age seven. Her father's will, confirmed by the local court, designates her maternal grandfather, Duke Roland, as her guardian and the holder of wardship over her extensive properties. However, Lady Isolde has been living with her nursemaid on a remote manor belonging to her late mother's family, far from Duke Roland's main residence. To properly oversee her upbringing and manage her inheritance, Duke Roland petitions the court for a writ. The court would then issue a de haerede deliberando illi qui habet custodiam terrae, directing the sheriff to retrieve Lady Isolde from the distant manor and deliver her into Duke Roland's care, thereby enforcing his established right of wardship.

  Here, the writ facilitates the physical transfer of the heir to the guardian who has legal wardship, even when the heir is not being held maliciously, but simply resides elsewhere, requiring a formal order for transfer.

• Example 3: Enforcement after a wardship dispute

  After the death of Lord Beaumont, a dispute arises between two powerful knights, Sir Gareth and Sir Percival, over who holds the wardship of Lord Beaumont's infant son and heir, Thomas. Both claim historical rights and obligations. A lengthy legal battle ensues in the King's court, which ultimately rules in favor of Sir Gareth, confirming his right to Thomas's wardship and the management of his lands. However, Sir Percival, who currently has young Thomas in his care, refuses to relinquish him. To enforce the court's judgment, a de haerede deliberando illi qui habet custodiam terrae writ would be issued, compelling the sheriff to take Thomas from Sir Percival and deliver him to Sir Gareth, the legally recognized guardian.

  This scenario demonstrates how the writ served as an enforcement mechanism, ensuring that a court's decision regarding the rightful holder of wardship was carried out by physically transferring the heir to that designated guardian.