Legal Definitions - ballivo amovendo

ballivo amovendo refers to a historical legal writ, or formal order, used to remove a bailiff from their official position. This writ was issued when a bailiff failed to meet the property ownership qualifications required by the Statute of Westminster of 1285, specifically that they possess sufficient land within their designated administrative area (known as a bailiwick). The purpose was to ensure that individuals holding such important local offices had a vested interest and standing within the community they served.

Here are some examples illustrating the application of ballivo amovendo:

• Example 1: Sir Reginald is newly appointed as the bailiff for the Hundred of Blackwood. Shortly after his appointment, a prominent local landowner, Lord Alistair, petitions the King's court. Lord Alistair presents evidence demonstrating that Sir Reginald's landholdings within the Hundred are significantly less than the minimum required by the Statute of Westminster.

  Explanation: This situation would lead to the issuance of a ballivo amovendo writ. The writ would compel Sir Reginald's removal from office because he does not meet the statutory land ownership qualification for his specific bailiwick, as mandated by the 1285 Statute.

• Example 2: Bailiff Thomas of Greendale has served diligently for many years, having initially met all qualifications. However, due to unforeseen financial difficulties, he is forced to sell off several parcels of his inherited land located within the Greendale bailiwick. After these sales, his remaining property no longer meets the minimum landholding threshold stipulated by the 1285 Statute.

  Explanation: In this case, an interested party or the Crown, upon discovering Bailiff Thomas's diminished landholdings, could seek a ballivo amovendo writ. Even though he was initially qualified, his failure to maintain the continuous land ownership requirement would necessitate his removal from office.

• Example 3: During a period of administrative reorganization, a new sheriff reviews the qualifications of all bailiffs within his jurisdiction. He discovers that Bailiff Eleanor, while generally competent, technically owns a substantial portion of her estate just outside the precise geographical boundaries of her assigned bailiwick. Consequently, her landholdings *within* the bailiwick itself are deemed insufficient according to a strict interpretation of the Statute of Westminster.

  Explanation: This scenario illustrates how a ballivo amovendo writ could be used to remove an officeholder who, despite performing their duties, technically falls short of the land ownership requirement within the exact geographical limits of their jurisdiction, as defined by the Statute. The writ would enforce the strict letter of the law regarding the bailiff's qualifications.