Legal Definitions - secta unica tantum facienda pro pluribus haereditatibus

secta unica tantum facienda pro pluribus haereditatibus

This historical legal term refers to a specific type of legal order, known as a writ, that existed in feudal law. Its purpose was to protect the eldest heir among several co-heirs from being unfairly burdened by a lord. When multiple heirs inherited land together, the lord of the manor might try to compel the eldest heir to perform several different feudal services or obligations, arguing that each service was due for each individual share of the inheritance. This writ allowed the eldest heir to argue successfully that only one consolidated service was required for the entire inherited property, regardless of how many co-heirs shared it, thereby preventing the lord from demanding excessive duties.

Here are some examples to illustrate this concept:

• Imagine a medieval knight who held land from a baron in exchange for military service. Upon the knight's death, his three children inherited the land jointly. The eldest son, as the primary heir, was expected to fulfill the military obligation. However, the baron attempted to demand that the eldest son provide not just one, but three armed men for military service, arguing that each co-heir's share of the land separately owed service. The eldest son could invoke the principle of secta unica tantum facienda pro pluribus haereditatibus to obtain a writ, compelling the baron to accept only one military service for the entire inherited estate, rather than multiple services based on the number of co-heirs.

• Consider a family of peasants who inherited a farm from their father, which was held under a lord. The eldest daughter, as the primary heir, was responsible for performing agricultural labor on the lord's demesne (land) a certain number of days a year. The lord, seeing that the farm was now shared by the daughter and her two younger siblings, tried to demand three times the usual labor, claiming that each sibling's share of the inheritance separately owed labor. The eldest daughter could use this legal principle to secure a writ, ensuring she only had to perform the original, single amount of labor due for the farm, preventing the lord from tripling her obligations due to the multiple heirs.

• In another scenario, a wealthy landowner died, leaving several manors to his four children. The eldest son was designated as the primary heir responsible for fulfilling the feudal duties associated with these properties, which included attending the lord's court and paying annual rents. The lord, seeking to increase his revenue and influence, demanded that the eldest son attend court four times a year (once for each inherited manor) and pay four separate rents. The eldest son could petition for a writ based on secta unica tantum facienda pro pluribus haereditatibus, arguing that despite the multiple manors and co-heirs, his obligation was to provide only one consolidated attendance at court and pay a single, combined rent for the entire inheritance, thus preventing the lord from multiplying his duties.