Legal Definitions - de essendo quietum de theolonio

De essendo quietum de theolonio is a historical legal term originating from medieval English law. It refers to a specific type of legal order, known as a writ, that was issued to protect individuals or groups who possessed a recognized exemption from paying tolls. Essentially, if someone was legally entitled to pass through a certain area, market, or bridge without paying a fee, and they were being unlawfully charged or harassed by toll collectors, this writ would authorize them to enforce their exemption and prevent further demands for payment.

Here are some examples illustrating how this writ would have been applied:

• A Merchant's Royal Charter: Imagine a merchant in 14th-century England who had been granted a royal charter, perhaps for their guild or family, explicitly exempting them from paying tolls at certain market gates or bridges across the kingdom. If this merchant, while transporting valuable goods, encountered a local toll collector who, despite being shown proof of the charter, insisted on demanding payment and delayed their journey, the merchant could petition for a de essendo quietum de theolonio writ. This writ would legally compel the toll collector to respect the royal exemption, cease harassment, and allow the merchant free passage, ensuring their trade was not unduly hindered.
• A Monastery's Ancient Privilege: Consider a monastic order that had, for centuries, held an ancient privilege granted by a local lord, exempting them from paying tolls on a particular bridge or road essential for transporting supplies from their agricultural lands to the monastery. If new guards or a new lord's administration at the bridge began to ignore this long-standing custom and attempted to levy a toll on the monastery's carts carrying grain or timber, the abbot could seek a de essendo quietum de theolonio writ. This legal instrument would reaffirm the monastery's right to free passage, ensuring their vital supplies could reach them without additional cost or interference.
• A Royal Official on Duty: Picture a royal messenger or an official on urgent business for the Crown, traveling across various lordships. Such individuals often held inherent exemptions from tolls as part of their service to the monarch. If a local baron's toll collector, perhaps asserting local authority over royal prerogative, attempted to charge the royal official for passage through a fortified gate or across a river crossing, the official or the Crown could invoke a de essendo quietum de theolonio writ. This writ would assert the royal exemption, ensuring the official's unimpeded passage for their duties and reinforcing the authority of the Crown over local toll demands.