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Legal Definitions - de seisina habenda
Definition of de seisina habenda
Historically, de seisina habenda was a legal document, or "writ," issued in medieval English law. Its purpose was to compel the Crown (the king or queen) to return possession of land and any associated property to its rightful feudal lord. This situation arose when a tenant, who held land from a lord, committed a serious crime (a felony). Under the law at the time, the Crown had the right to temporarily seize and hold the felon's land for a specific period, typically "a year and a day," before it was to be returned to the original lord.
- Example 1: Imagine Sir Reginald, a knight, holds a manor from Baron von Hastings. One day, one of Sir Reginald's tenants, a farmer named Thomas, is convicted of a serious felony, such as arson. According to the law, the Crown would temporarily take possession of Thomas's farm and its associated buildings for "a year and a day." After this period expired, Baron von Hastings, as the feudal lord of Sir Reginald (who in turn was Thomas's lord), would issue a de seisina habenda writ. This writ would legally order the King to relinquish his temporary hold and return possession of Thomas's former farm to Baron von Hastings, who could then re-grant it or manage it as he saw fit.
- Example 2: Consider Lady Eleanor, a powerful noblewoman who holds vast estates directly from the King. One of her sub-tenants, a minor noble named Lord Alaric, is found guilty of high treason against the Crown. As a consequence of Alaric's felony, the King's officials would seize Lord Alaric's lands and property. After the customary "year and a day" had passed, Lady Eleanor, as Alaric's immediate feudal superior, would petition the King for a de seisina habenda. This writ would serve as the legal instrument to reclaim the lands that were temporarily under royal control due to Lord Alaric's crime, ensuring they reverted to her feudal domain.
- Example 3: In a smaller context, a commoner named Elara holds a small plot of land and a cottage from Lord Blackwood. Elara is later convicted of a serious felony, perhaps highway robbery, and is executed. The King's local sheriff would then take temporary possession of Elara's plot and cottage for the Crown. Once the "year and a day" period had elapsed, Lord Blackwood would need to obtain a de seisina habenda writ. This writ would legally compel the King's representatives to return the possession of Elara's former property to Lord Blackwood, allowing him to reassign the tenancy or incorporate it back into his demesne.
Simple Definition
De seisina habenda was a historical legal writ. It ordered the sovereign to deliver seisin, or possession, of lands and tenements back to a lord. This occurred after the sovereign had held the property for a year and a day because the lord's tenant had committed a felony.