Legal Definitions - mesne, writ of

A writ of mesne was a historical legal action used in feudal times. It allowed a tenant to seek relief from the court when their immediate landlord, known as the mesne lord, failed to protect them from demands or actions made by a superior landlord. The mesne lord had a duty to "acquit" or free their tenant from such claims, meaning they were responsible for ensuring the tenant's peaceful enjoyment of the land against claims from higher up the feudal chain. If the mesne lord neglected this duty, the tenant could use this writ to compel them to fulfill their obligations.

Here are some examples illustrating how a writ of mesne would have applied:

• Scenario: Sir Reginald holds a small estate from Baron von Richter. Baron von Richter, in turn, holds his lands from the Duke of Westshire. The Duke demands a specific annual tribute of grain from all lands within his duchy. Baron von Richter, instead of providing this tribute himself for Sir Reginald's estate as per their feudal agreement, attempts to force Sir Reginald to pay the tribute directly to the Duke.

  Illustration: Sir Reginald could issue a writ of mesne against Baron von Richter. This writ would compel the Baron (the mesne lord) to fulfill his obligation to "acquit" Sir Reginald (the tenant) from the Duke's (the superior lord's) demand, meaning the Baron would have to pay the tribute himself, protecting Sir Reginald from the superior claim.

• Scenario: Lady Eleanor leases a parcel of farmland from Lord Thomas. Lord Thomas holds his entire barony, including Lady Eleanor's parcel, from the King. The King issues a royal decree requiring all landholders to provide a certain number of days of labor for a new castle construction project. Lord Thomas, despite his duty to provide these services for his tenants, instructs Lady Eleanor to send her own laborers to the castle site, rather than fulfilling the obligation himself.

  Illustration: Lady Eleanor could seek a writ of mesne against Lord Thomas. This legal action would force Lord Thomas (the mesne lord) to perform his duty to "acquit" Lady Eleanor (the tenant) from the King's (the superior lord's) demand for labor, thereby protecting her from having to provide the labor herself.

• Scenario: A village community holds common grazing rights from a local abbot. The abbot holds his monastery's lands, including these common rights, from a powerful Earl. A dispute arises where the Earl's men begin to encroach upon the common lands, claiming they are part of the Earl's private hunting grounds, directly interfering with the villagers' use. The abbot, who is obligated to protect the villagers' rights against such encroachments, fails to intervene or defend them.

  Illustration: The villagers, through their representative, could potentially initiate a writ of mesne against the abbot. This would compel the abbot (the mesne lord) to uphold his obligation to "acquit" the villagers (the tenants) from the Earl's (the superior lord's) interference and protect their established rights to the common lands.