Legal Definitions - secta facienda per illam quae habet eniciam partem

Secta facienda per illam quae habet eniciam partem was a historical legal writ, or formal court order, used in medieval English law. It commanded the eldest female heir or co-owner of inherited land (known as a coparcener) to fulfill the feudal obligations and services owed to their lord on behalf of all the other co-heirs. This ensured that the lord received the required 'suit' (such as attendance at court) and 'services' (such as rent or labor) even when land was divided among multiple inheritors.

• Example 1: Attending a Feudal Court

  Lady Eleanor and her younger sisters, Margaret and Catherine, jointly inherit their father's manor after his death, as there are no male heirs. The manor owes annual homage and attendance at the Baron's feudal court. Under the principle of secta facienda per illam quae habet eniciam partem, a writ would be issued compelling Lady Eleanor, as the eldest sister and primary inheritor, to attend the Baron's court and perform the required homage and services for the entire manor, thereby fulfilling the obligations for herself and her younger sisters.

• Example 2: Providing Specific Goods as Tribute

  The three daughters of a deceased knight—Lady Isabella, Lady Joanna, and Lady Alice—jointly inherit a small estate. This estate is obligated to provide a certain quantity of grain to the local Earl's granary each year. Lady Isabella is the eldest. A writ of secta facienda per illam quae habet eniciam partem would legally compel Lady Isabella, as the eldest sister and primary inheritor, to ensure that the annual grain tribute was delivered to the Earl. She was responsible for fulfilling this service on behalf of all three co-inheritors, even though they all benefited from the estate.

• Example 3: Ensuring Rent Payment for Inherited Property

  A widow, Dame Agnes, and her two adult daughters, Elara and Beatrice, inherit a cottage and a small parcel of land from Dame Agnes's late husband. The property is subject to a yearly rent payment to the local Baron. Elara is the eldest daughter. If the rent payment was overdue, the Baron could issue a writ of secta facienda per illam quae habet eniciam partem. This writ would specifically target Elara, the eldest daughter and co-inheritor, holding her responsible for ensuring the rent was paid for the entire inherited property, thereby satisfying the feudal obligation owed by all the co-owners.