Legal Definitions - droit-close

Droit-close was a historical legal procedure, specifically a type of formal written order issued by a court in medieval England. It was used by a tenant to challenge their lord when the tenant believed their rights to land were being violated. This writ was available only to tenants who held land in "ancient demesne" – a special category of land historically owned by the Crown – and whose ownership was formally documented, such as through a charter granting them full ownership (fee simple), ownership passed down to specific heirs (fee-tail), ownership for their lifetime, or ownership as a widow (dower).

Here are some examples illustrating how a droit-close writ might have been used:

• Scenario 1: Challenging Unlawful Eviction

  Imagine a tenant named Elara, who, in medieval England, holds a farm in ancient demesne under Lord Blackwood. Her family has held this land for generations, documented by a charter granting them the land in fee simple. Lord Blackwood, desiring to expand his personal hunting grounds, attempts to forcibly remove Elara from her farm, claiming she no longer has a right to reside there.

  How it illustrates the term: Elara could have sought a droit-close writ. This legal action would have been directed against Lord Blackwood, asserting Elara's documented, hereditary right to the land as a tenant in ancient demesne, thereby challenging the lord's attempt to dispossess her unlawfully.

• Scenario 2: Resisting Unauthorized Demands for Service

  Consider Thomas, a tenant who operates a mill in ancient demesne, holding it from his lord, Sir Reginald, under a charter that clearly specifies the services and rents due. Sir Reginald, facing unexpected financial difficulties, suddenly demands additional, unwritten services from Thomas, such as providing labor for a new construction project on the lord's estate, beyond what was agreed in their original charter.

  How it illustrates the term: Thomas could have used a droit-close writ to challenge Sir Reginald's unauthorized demands. The writ would have affirmed Thomas's rights as a tenant in ancient demesne, holding land by charter, and sought to prevent the lord from imposing obligations not stipulated in their formal agreement.

• Scenario 3: Protecting Inheritance Rights

  Lady Eleanor, a widow, holds a manor in ancient demesne as part of her dower rights after her husband's death. Her late husband's feudal lord, Baron Fitzwilliam, attempts to prevent Eleanor's son from inheriting the manor after her passing, despite the original charter and established feudal custom allowing for such succession within the family.

  How it illustrates the term: Lady Eleanor's son, or Eleanor herself on his behalf, could have initiated a droit-close writ against Baron Fitzwilliam. This writ would have been used to protect the family's established inheritance rights to the land, which was held in ancient demesne under a formal grant, against the lord's unlawful interference with succession.