Legal Definitions - de sectis non faciendis

De sectis non faciendis

This is a historical legal term from Law Latin, meaning "of not doing services." It refers to a specific type of legal document, known as a writ, which was issued by a court in historical legal systems. The primary purpose of this writ was to formally excuse certain individuals from performing particular services or duties that they would otherwise be legally obligated to fulfill.

Historically, this exemption was often granted to individuals who were considered vulnerable or held specific legal statuses, such as a ward (a person, often a minor, under the care and protection of a guardian or court) or a dowress (a widow who had a legal right to receive a portion of her deceased husband's estate, known as dower). The "services" in question were typically feudal obligations, such as attending local courts, performing labor, or other duties tied to land ownership.

Here are some examples illustrating how de sectis non faciendis might have been applied:

• Imagine a young orphan, designated as a ward of the court after their parents' passing, who inherited a small plot of land. Under the feudal system, owning this land might have required the owner to attend the local lord's court sessions periodically or contribute a certain amount of labor to the lord's estate. Recognizing the child's inability to fulfill these adult responsibilities, a guardian could petition the court for a de sectis non faciendis writ. This writ would formally exempt the child (and by extension, their guardian) from these specific feudal duties, ensuring the child's inheritance was not burdened by unmanageable obligations.

• Consider an elderly dowress who, after her husband's death, was granted the right to live on and receive income from a portion of his ancestral lands. This land carried with it the traditional obligation for its holder to participate in local community watch duties or contribute to the maintenance of shared infrastructure, like roads or bridges. Due to her advanced age and physical frailty, the dowress found these duties difficult or impossible to perform. She could apply for a de sectis non faciendis writ, which, if granted by the court, would legally excuse her from these specific service requirements, allowing her to enjoy her dower rights without undue hardship.

• In another historical scenario, a landowner might become a ward of the court due to a severe illness or mental incapacity, rendering them unable to manage their affairs. This landowner's property was subject to a customary service requiring them to provide a specific number of days of military service or agricultural labor to their overlord each year. Since the ward was incapable of performing these duties, their appointed guardian could seek a de sectis non faciendis writ. This legal instrument would formally release the ward (and their guardian) from the obligation to perform these services, acknowledging their incapacitation and preventing forfeiture of the land due to non-performance.