Legal Definitions - libera chasea habenda

Libera chasea habenda is a historical legal term from medieval English law. It refers to a judicial writ—a formal written order from a court—that granted a person the exclusive right to operate a 'free chase.' A free chase was a designated area, typically associated with a manor, where the holder had the sole privilege to hunt wild game. This right was not automatically assumed but had to be formally established and confirmed by a jury's verdict in court before the writ could be issued, thereby legally affirming the claimant's entitlement to hunt within their specified territory.

• Example 1: Reaffirming Ancient Hunting Rights

  Lord Ashworth, the proprietor of a vast estate, found that local villagers were increasingly hunting deer and boar on lands he considered part of his traditional manorial chase. To assert his exclusive hunting rights and prevent further encroachment, Lord Ashworth petitioned the King's court. After a local jury heard evidence regarding the historical boundaries and customs of his manor, they delivered a verdict confirming his ancient right to the chase. Consequently, the court issued a libera chasea habenda, legally empowering Lord Ashworth to control all hunting activities within his defined territory and to exclude others.

  This example illustrates how the writ was used to legally confirm and enforce a lord's exclusive hunting privileges over game on their manorial lands, often in response to disputes or challenges to those rights.

• Example 2: Establishing Rights for a New Manor

  When Sir Gareth was granted a new manor by the Crown, the land included extensive woodlands known for their abundant game. To ensure he had the legal authority to manage these resources and prevent poaching, Sir Gareth sought to formally establish a free chase. He presented his case to the local assize court, where a jury reviewed the grant and the nature of the land. Upon their favorable verdict, acknowledging the suitability and traditional use of the land for hunting, the court issued a libera chasea habenda. This writ provided Sir Gareth with the legal foundation to organize hunts, employ gamekeepers, and prosecute anyone hunting without his permission within his manor's boundaries.

  This scenario demonstrates how the writ could be used to formally establish and legalize hunting rights for a newly acquired or defined manor, ensuring the lord's control over its natural resources.