Legal Definitions - de fine pro redisseisina capiendo

de fine pro redisseisina capiendo

This is a historical legal term from medieval English law, referring to a specific type of legal writ. A writ was a formal written order issued by a court. The writ of de fine pro redisseisina capiendo was used to secure the release of an individual who had been imprisoned for committing "redisseisin."

To understand this, it's important to know that "redisseisin" occurred when someone unlawfully dispossessed another person of land again, after that person had already been legally restored to possession of the same land following an earlier unlawful dispossession. Essentially, it was a repeated, unlawful taking of property that had already been legally returned to its rightful owner. The writ would be issued once the imprisoned individual had paid a reasonable fine for their repeated offense, thereby ordering their release from custody.

• Example 1: Imagine a medieval village where a local lord, Lord Blackwood, unlawfully seized a farmer's field. The farmer, Thomas, successfully sued Lord Blackwood, and a court ordered the field returned to Thomas. However, a few months later, Lord Blackwood's men again drove Thomas off the very same field. This act constituted "redisseisin." Lord Blackwood was subsequently imprisoned for this repeated offense. To secure his release, Lord Blackwood would need to pay a fine, and upon payment, a writ of de fine pro redisseisina capiendo would be issued, ordering his release from prison.

• Example 2: Consider a dispute between two landowners, Lady Eleanor and Sir Reginald, over a valuable pasture. A court ruled in favor of Lady Eleanor, confirming her right to the pasture, and Sir Reginald was ordered to vacate. Despite the court's judgment, Sir Reginald, driven by stubbornness, later sent his own livestock back onto the pasture, effectively re-taking possession. For this act of redisseisin, Sir Reginald was arrested and jailed. To be freed, he would have to pay a court-mandated fine. The legal instrument that would then facilitate his release from imprisonment, acknowledging the payment of this fine, would be the writ of de fine pro redisseisina capiendo.

• Example 3: In a 14th-century town, a merchant named Master William owned a shop with an adjacent storage yard. A rival merchant, Master Robert, illegally encroached upon and claimed part of William's yard. William took Robert to court and won, with the court ordering Robert to cease his encroachment and restore the yard to William. Yet, within the year, Robert once again extended his own property fence into William's yard, committing redisseisin. For this repeated defiance of a court order and unlawful dispossession, Master Robert was imprisoned. Once he paid the appropriate fine for his offense, the writ of de fine pro redisseisina capiendo would be the legal document that authorized his release from custody.