Legal Definitions - de libertate probanda

de libertate probanda

This historical legal term refers to a specific type of writ, or formal legal order, that was issued in medieval England. Its primary purpose was to provide protection for an individual whose personal freedom was being challenged. Specifically, it was used when someone was accused of being a "villein" – an unfree person tied to the land and obligated to a lord – and therefore denied their liberty.

Upon receiving a de libertate probanda writ, the local sheriff was directed to:

• Take a guarantee (security) from the accused person, ensuring they would appear in court.
• Protect the accused person from any harassment or attempts to forcibly seize them.

This protection remained in effect until a judicial body, such as the justices of assize, could formally investigate the claim and determine whether the individual was truly free or an unfree villein. Essentially, it acted as a temporary safeguard for someone whose fundamental right to liberty was in dispute, pending a formal legal resolution.

Here are some examples illustrating how de libertate probanda would have applied:

• Example 1: A Peasant Accused by a Lord
  Imagine a peasant named John, who has always lived and worked as a free man on his own small plot of land. Suddenly, Lord Blackwood, a powerful landowner from a neighboring manor, claims that John's ancestors were villeins of his estate and demands that John return to serve him. John vehemently denies this claim, asserting his freedom.

  In this situation, John could petition for a de libertate probanda writ. This writ would compel the sheriff to protect John from Lord Blackwood's agents attempting to forcibly take him to the manor. The sheriff would ensure John's safety and allow him to present his case to the justices, who would then determine whether John was indeed a free man or an unfree villein belonging to Lord Blackwood.

• Example 2: A Runaway Claimed in a New Town
  Consider a woman named Alice who left her rural village years ago to seek a better life as a baker in a bustling market town. Her former lord, Sir Geoffrey, discovers her whereabouts and sends his bailiffs to the town, claiming Alice is a runaway villein who owes him service and demanding her immediate return to his manor.

  Alice, facing the threat of being seized and returned to servitude, could seek a de libertate probanda writ. This would legally obligate the town's sheriff to prevent Sir Geoffrey's bailiffs from forcibly apprehending her and to protect her from any harassment. The writ would ensure her safety until a court could investigate her status and make a formal judgment on whether she was a free woman or an unfree villein belonging to Sir Geoffrey.

• Example 3: Disputed Inheritance Based on Freedom
  Suppose a wealthy merchant dies without a direct heir, and his distant cousin, Thomas, steps forward to claim the inheritance. However, another claimant, Lady Eleanor, challenges Thomas's right to inherit, alleging that Thomas's grandmother was a villein, which would mean Thomas himself is unfree and legally ineligible to inherit property.

  Facing this direct challenge to his personal freedom and his right to inherit, Thomas could apply for a de libertate probanda writ. This writ would instruct the sheriff to protect Thomas from any attempts by Lady Eleanor or her agents to treat him as an unfree person, ensuring his safety and allowing him to present evidence to the justices to prove his free status before the inheritance dispute could proceed.