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A good lawyer knows the law; a great lawyer knows the judge.
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Legal Definitions - ne injuste vexes
Definition of ne injuste vexes
Ne injuste vexes is a historical legal term from medieval English law, meaning "do not trouble unjustly." It referred to a specific type of legal order, known as a writ, that a tenant could obtain to protect themselves from a lord who was demanding more services or payments than what was originally agreed upon for their land tenure.
This writ was particularly important in situations where a tenant might have, perhaps unintentionally or out of temporary goodwill, performed or paid more than their due obligations for a period. If the lord then tried to make these increased demands permanent, the ne injuste vexes writ allowed the tenant to challenge this unfair escalation and compel the lord to revert to the original, legally established terms of their agreement.
- Example 1: Increased Labor Demands
Imagine a tenant farmer named Elara, whose agreement with her lord, Lord Blackwood, stipulated she owed 15 days of labor on his lands each year. During a particularly difficult harvest season, Elara and her family voluntarily provided an extra 5 days of labor to help the lord. The following year, Lord Blackwood's steward demands 20 days of labor from Elara, claiming it is now the established custom due to her previous actions. Elara could seek a ne injuste vexes writ to prevent Lord Blackwood from unjustly increasing her labor obligations beyond the original 15 days, despite her previous voluntary assistance.
- Example 2: Unjustly Higher Payments in Kind
Consider Thomas, a tenant farmer, who is obligated to give Lord Ashworth two sacks of wheat and one pig annually as part of his rent. One year, after a very successful pig breeding season, Thomas generously offers Lord Ashworth two pigs instead of one. The following year, Lord Ashworth's collectors arrive, insisting on two pigs, stating that Thomas had set a new precedent. Thomas could use a ne injuste vexes writ to challenge Lord Ashworth's demand for an extra pig, asserting that his original obligation was only one pig and his previous generosity did not create a new, permanent duty.
- Example 3: New Maintenance Responsibilities
Suppose Lady Eleanor's tenants are responsible for maintaining the fences surrounding their individual plots. One winter, a severe storm damaged a section of the main road leading to the manor, which was traditionally the lord's responsibility to repair. Out of community spirit, several tenants, including John, helped repair the road. The next spring, Lady Eleanor's bailiff attempts to levy a special "road repair tax" on all tenants, arguing they had demonstrated their capacity and willingness to undertake such tasks. John and the other tenants could invoke ne injuste vexes to resist this new tax, arguing that their original tenure did not include responsibility for the main road's upkeep, and their voluntary assistance did not establish a new, permanent obligation.
Simple Definition
Ne injuste vexes was a historical legal writ in English common law. It allowed a tenant to prevent their lord from demanding more services for their land than were legally due. This writ was used when a lord had already obtained recognition of excessive services, often due to the tenant's inadvertent payment, and aimed to reduce those demands back to the proper standard.