IN the few introductory remarks made to the " Inquisitiones
post mortem," in the Appendix to this volume,
an explanation is given of the nature and liabilities of
tenures in capite.
It will be there seen, that on the death of a tenant
holding by knight's service, an inquisition was held pursuant
to the King's writ of "diem clausit extremum,"
to inquire into the nature of his tenure, the extent and
value of his lands, and the name and age of his heir. If
the deceased was found to hold of the King in capite,
and his heir was under age, the King, by his prerogative,
took the land into his own hands as guardian, and kept
them, or granted the custody of the same to some individual
to hold, till the heir proved himself of age.
When the heir came of full age, in order to obtain
his lands out of the King's hands, he sued for a writ "de
aetate probanda," which was forthwith issued to
commissioners,
as well as to the escheator, to inquire into the age of the infant, another writ being
issued to the sheriff,
to impanel a jury before the commissioners on an appointed
day.
The jury returned their verdict on oath; and the heir,
if proved of age, obtained livery of seisin of his lands.
Frauds on the Crown were occasionally committed,
as the accompanying document fully testifies.
The evidences adduced in proof of age are among the |