Legal Definitions - fine pro redisseisina capiendo

Fine pro redisseisina capiendo is a historical legal term referring to a writ, or formal legal order, that allowed an individual who had been imprisoned for repeatedly dispossessing someone of their property to be released upon payment of a reasonable fine. The term 'redisseisin' specifically refers to the act of unlawfully taking possession of land or property again from someone who had previously regained possession through legal means after an initial unlawful taking.

This writ served as a mechanism in historical legal systems to provide an alternative to indefinite imprisonment for those who committed a second, similar offense of unlawful dispossession, allowing them to regain their freedom by compensating the system with a monetary penalty.

• Example 1: The Persistent Land Baron
  Imagine a powerful land baron, Lord Blackwood, who unlawfully seizes a portion of a tenant farmer's field. The farmer successfully petitions the local court, which orders Lord Blackwood to return the land. However, a few months later, Lord Blackwood, ignoring the court's previous ruling, once again sends his men to occupy the same portion of the farmer's field. For this repeated offense of "redisseisin," Lord Blackwood is arrested and imprisoned. To secure his release, Lord Blackwood could have sought a fine pro redisseisina capiendo, allowing him to pay a fine and be freed from jail.

• Example 2: The Disputed Mill Property
  Consider a medieval miller, Agnes, who owns a small watermill. Her neighbor, a wealthy merchant named Bartholomew, unlawfully takes control of the mill, claiming it's on his property. Agnes sues Bartholomew and, after a legal battle, the court rules in her favor, restoring the mill to her. Despite this, Bartholomew, driven by greed, later forcibly re-enters and occupies the mill, leading to his imprisonment for this second act of dispossession. In this scenario, Bartholomew would have used the fine pro redisseisina capiendo to pay a fine and be released from his imprisonment for the repeated taking of Agnes's mill.

• Example 3: The Merchant's Stolen Goods
  A merchant, Sir Reginald, stores valuable goods in a rented warehouse. A rival merchant, Lady Eleanor, unlawfully breaks into the warehouse and takes possession of the goods, claiming they were hers. Sir Reginald takes legal action and successfully recovers his goods and the warehouse space. Sometime later, Lady Eleanor, undeterred, again unlawfully enters the same warehouse and attempts to seize the goods, resulting in her arrest and imprisonment. Lady Eleanor could have invoked the fine pro redisseisina capiendo to pay a fine and be released from her confinement, rather than serving a lengthy prison sentence for her repeated offense.