Legal Definitions - de nativo habendo

de nativo habendo refers to a historical legal writ, or formal court order, that was used in feudal societies. Its primary purpose was to direct a sheriff or other legal official to locate, apprehend, and return a serf who had fled from their lord. The issuance of this writ often initiated a legal proceeding to formally determine or confirm the lord's claim of ownership over the individual.

Here are some examples illustrating the application of de nativo habendo:

• Imagine a serf named Elara, bound to the lands of Lord Beaumont, who, seeking a better life, secretly leaves her village and attempts to find work as a free laborer in a distant market town. Upon discovering her absence, Lord Beaumont would petition the local court for a de nativo habendo writ. This writ would then empower the sheriff to search for Elara, apprehend her, and bring her back to Lord Beaumont's estate, where a legal process would confirm the lord's right to her labor and presence on his land.

  This example illustrates how the writ was used to reclaim an individual considered property who had attempted to escape their feudal obligations and status.

• Consider a family of serfs, the Millers, who, during a period of severe famine, abandon their assigned fields and seek refuge and food in a neighboring county, hoping to pass as free peasants. Their lord, Baron von Richter, views this as an unlawful desertion of his property and a loss of his workforce. He would obtain a de nativo habendo writ, which would authorize the sheriff to track down the Miller family and forcibly return them to his demesne, thereby asserting his legal claim over them as his serfs.

  This scenario demonstrates the writ's function in enforcing a lord's claim over multiple individuals who were considered part of his estate and had fled collectively.

• Suppose a young serf named Thomas, having been temporarily sent by his lord, Sir Reginald, to assist a relative in a nearby manor for a season, decides upon the completion of his task that he will not return to Sir Reginald's service, believing he has fulfilled his obligations and is now free. Sir Reginald, asserting his perpetual right to Thomas's labor and presence on his land, would petition the court for a de nativo habendo writ. This writ would authorize the sheriff to locate Thomas and ensure his return to Sir Reginald's estate, where a judicial review would confirm the lord's ownership claim and Thomas's status as a serf.

  This example highlights the writ's use when a serf, perhaps mistakenly or defiantly, believed they were no longer bound to their lord, requiring a formal legal action to re-establish the lord's authority.