Legal Definitions - de averiis replegiandis

De averiis replegiandis refers to a historical legal writ, or formal court order, used in common law jurisdictions. Its purpose was to compel a sheriff to seize and return specific personal property, typically livestock or other movable goods (known as chattels), that had been unlawfully taken and were being wrongfully detained from their rightful owner. This writ was an early form of the legal action known today as replevin.

Here are some examples illustrating its application:

• Imagine a medieval farmer, Elias, whose neighbor, Thomas, wrongfully seized Elias's prize dairy cow, claiming it had strayed onto his land and was now his. Elias would petition the local court for a writ of de averiis replegiandis. The court would then issue this writ, ordering the sheriff to go to Thomas's property, recover Elias's cow, and return it to him, pending a legal determination of ownership.

  This example demonstrates the writ's use for "beasts" (the cow) that were "unlawfully taken and detained" by Thomas, with the sheriff acting to "replevy" (return) them to Elias.

• Consider a merchant, Isabella, who had a cartload of valuable textiles confiscated by a local lord's bailiff, who mistakenly believed Isabella owed the lord a debt. Isabella, knowing she owed no such debt, could seek a writ of de averiis replegiandis. This writ would direct the sheriff to retrieve the textiles from the bailiff's possession and restore them to Isabella, allowing her to continue her trade while the dispute over the alleged debt was resolved.

  Here, the textiles represent "chattels" that were "unlawfully taken and detained." The writ would empower the sheriff to recover and return these goods to Isabella.

• In a historical context, if a craftsman, John, had his unique set of woodworking tools, which were essential for his livelihood, wrongfully seized by a rival craftsman, Robert, who intended to disrupt John's business. John could apply for a writ of de averiis replegiandis. The writ would command the sheriff to locate John's tools at Robert's workshop and ensure their immediate return to John, preventing further damage to his ability to work.

  The woodworking tools are "chattels" that were "unlawfully taken and detained." The writ ensures the sheriff's intervention to restore the property to its rightful owner.