Legal Definitions - de libertatibus allocandis

De libertatibus allocandis was a historical legal writ, originating in medieval England. It served as a formal legal command issued by the Crown, allowing an individual or a group to claim or enforce specific rights, privileges, or immunities—referred to as "liberties"—to which they were legally entitled. These entitlements often stemmed from royal charters, grants, or long-standing custom, and the writ was used to ensure these established rights were recognized and upheld.

Here are some examples illustrating the application of de libertatibus allocandis:

• Example 1: A Baron's Market Rights

  Imagine a powerful baron in the 13th century who held a royal charter granting him the exclusive right to hold a weekly market in his manor. This "liberty" allowed him to collect tolls and regulate trade, providing significant income. If a neighboring lord, without proper authorization, began holding his own rival market nearby, thereby infringing upon the baron's established privilege, the baron could petition the Crown for a writ of de libertatibus allocandis. This writ would compel royal officials to recognize and enforce the baron's chartered market rights, effectively stopping the unauthorized competition and allowing him to obtain the full benefit of his granted liberty.

• Example 2: A Town's Exemption from Tolls

  Consider a prosperous port town whose citizens had, for generations, enjoyed a royal grant exempting them from paying certain tolls on goods transported through specific royal lands. This exemption was a valuable "liberty" that facilitated trade and boosted the town's economy. If a new royal official or a local lord attempted to impose these tolls on the town's merchants, the town council could seek a writ of de libertatibus allocandis. This legal instrument would serve as a directive to the infringing party, affirming the town's historical right to exemption and ensuring that this vital liberty was respected and continued to be allocated to its citizens.

• Example 3: A Religious Order's Immunity

  Suppose a specific monastic order had been granted a "liberty" by a previous monarch, exempting its members from serving in certain civic duties, such as jury service or military levies, in recognition of their spiritual contributions. If a local sheriff or royal official mistakenly or deliberately summoned a monk from this order for such a duty, the monastic superior could invoke de libertatibus allocandis. The writ would formally remind the summoning authority of the order's established immunity, thereby allowing the monk to obtain and exercise his entitled liberty from civic obligation.