Legal Definitions - expensis militum non levandis

expensis militum non levandis is a historical Latin legal term referring to a specific type of legal order, or writ, issued in medieval England. This writ was used to prevent a sheriff (a local royal official) from collecting a special payment or tax from individuals who owned land classified as "ancient demesne." This payment was intended to cover the expenses of the "knights of the shire," who were representatives sent to Parliament. The writ essentially protected landowners in ancient demesne from contributing to these specific parliamentary expenses, reflecting a historical privilege associated with their land tenure.

• Example 1: Protection for a Specific Landowner
  Imagine a farmer named Thomas in 14th-century England. His farm is located on land that has been designated "ancient demesne" for centuries, meaning it was once directly owned by the Crown and held under special conditions. When the local sheriff begins collecting funds from all landowners to pay for the two knights representing the shire in Parliament, Thomas would apply for an expensis militum non levandis writ. This writ would legally prevent the sheriff from demanding this particular payment from Thomas, upholding his historical exemption from this specific financial burden.

• Example 2: Challenging an Unlawful Levy
  In a different shire, Sheriff Robert is tasked with raising money for the parliamentary representatives. He sends his bailiffs to collect from all landholders, including Lady Eleanor, whose manor is known to be ancient demesne. Lady Eleanor, aware of her rights and the historical privileges associated with her land, would present an expensis militum non levandis writ to Sheriff Robert. This writ would serve as a formal legal instruction, compelling the sheriff to cease his attempts to levy the parliamentary expenses from her and her tenants, recognizing their specific legal status and exemption.

• Example 3: Reinforcing a Community's Exemption
  Consider a village where the majority of the land falls under ancient demesne. When the call comes to fund the knights of the shire, the entire community would collectively benefit from the principle embodied by expensis militum non levandis. While individual writs might be issued, the existence of this legal mechanism reinforced the understanding that these specific lands, due to their historical connection to the Crown, were generally exempt from this particular burden, distinguishing them from other freeholds in the shire and providing a legal basis for their non-contribution.