Legal Definitions - tertia

Tertia is a historical legal term derived from Latin, meaning "a third." It was used in various historical legal systems to refer to a one-third share or portion of something, often in the context of property, inheritance, or obligations.

Here are some examples illustrating the historical application of tertia:

• Division of Inheritance: In some historical inheritance customs, particularly when a deceased person's estate was divided among multiple heirs, a specific individual might be legally entitled to a tertia of the property. For instance, if a nobleman died, his will or local custom might stipulate that his youngest son, while not inheriting the primary title, would receive a tertia of the family's non-landed assets, such as livestock or coin. This means the son would receive one-third of those specific assets as his legal share.

• Feudal Obligations: During certain periods of feudalism, a tenant might have been obligated to render a tertia of their agricultural produce to their lord as part of their rent or service. For example, a farmer cultivating land granted by a lord might be required to deliver one-third of their annual grain harvest to the lord's granary. This payment represented the lord's legal claim to a specific portion of the tenant's output.

• Commercial Agreements: In historical trade or venture agreements, parties might contractually agree to share profits or goods in specific proportions. A financier providing capital for a merchant's trading expedition might stipulate that they receive a tertia of the net profits upon the successful return and sale of goods. This means the financier would legally claim one-third of the earnings generated by the venture, reflecting their investment and risk.