Legal Definitions - de perambulatione facienda

De perambulatione facienda was a historical legal writ, or formal order, issued by a court in medieval England. Its purpose was to resolve disputes over land boundaries by commanding the local sheriff, accompanied by a jury of twelve knights from the county, to physically walk the disputed area. This "perambulation" aimed to establish and mark the correct boundary between neighboring towns, manors, or lordships.

Here are some examples illustrating how de perambulatione facienda would have been applied:

• Dispute Over Common Grazing Land: Imagine two medieval villages, Oakhaven and Stonebridge, sharing a large common pasture. Over generations, the exact line dividing their grazing rights has become unclear, leading to frequent quarrels among farmers about whose livestock could graze where. To prevent escalating conflict, a lord or a court might issue a de perambulatione facienda writ. The sheriff would then gather twelve local knights, and together they would physically walk the disputed pasture, perhaps consulting old markers or local knowledge, to definitively establish where Oakhaven's land ended and Stonebridge's began. This physical act of walking the boundary would provide a clear, officially recognized resolution.

• Feudal Lords' Forest Boundaries: Lord Ashworth and Lady Blackwood, neighboring feudal lords, are in disagreement about the precise extent of their respective hunting forests. The boundary, marked by a series of ancient trees and a small stream, has become ambiguous over time, leading to disputes over timber rights and hunting territories. To prevent escalating conflict, a royal court could issue a de perambulatione facienda. The sheriff, with his twelve knights, would physically traverse the forest, examining the land and local landmarks, to determine and officially record the true dividing line between their lordships, thereby settling the territorial dispute.

• Shifting River as a Boundary: Consider a situation where two adjacent manors, owned by different families, are separated by a winding river. Over many years, the river's course has shifted slightly due to natural erosion and deposition, causing confusion about which manor owns the fertile land on its banks, particularly after a flood. A de perambulatione facienda writ would be issued. The sheriff and the knights would meticulously walk along the riverbanks, perhaps consulting historical maps or local elders, to physically delineate the boundary according to its original or agreed-upon course, thereby settling the ownership dispute caused by the changing natural feature.