Legal Definitions - non implacitando aliquem de libero tenemento sine brevi

non implacitando aliquem de libero tenemento sine brevi is a historical legal principle, originating from Latin, which translates to "not impleading anyone of his free tenement without a writ." This principle served as a protective measure, primarily in medieval English law, preventing individuals such as bailiffs, local lords, or other agents from interfering with a person's freehold property (land owned outright) without a specific legal order or "writ" issued by the king. Essentially, it ensured that a landowner's rights to their property could not be challenged, seized, or disturbed by local authorities or private individuals unless they possessed explicit royal authorization.

Here are some examples illustrating this historical legal concept:

• Imagine a powerful local lord whose bailiff attempts to seize a portion of a farmer's freehold land, claiming the farmer owes a debt to the lord. The farmer, invoking the principle of non implacitando aliquem de libero tenemento sine brevi, could argue that the bailiff has no royal writ to "implead" (challenge the ownership or use of) his "free tenement" (his freehold land). Without a specific order from the king, the bailiff's action would be considered unlawful, protecting the farmer's property rights against arbitrary seizure by the lord's agents.

• Consider a scenario where a neighboring landowner, without any legal justification, begins to erect a fence that encroaches upon what a yeoman farmer firmly believes is his freehold property. The yeoman farmer could rely on this principle to assert that the neighbor is "impleading" (interfering with) his "free tenement" (his land) without a royal writ. This historical protection would require the neighbor to obtain a king's writ to legally challenge the boundary or claim the land, thereby safeguarding the farmer from unauthorized encroachment.

• Suppose a royal official, acting on behalf of the Crown but without carrying any specific royal decree or writ, attempts to commandeer a section of a freeholder's land for a new public project, such as a road or a fortification. The freeholder could cite the principle of non implacitando aliquem de libero tenemento sine brevi, asserting that the official cannot "implead" (take or interfere with) his "free tenement" (his freehold land) without a "breve" (a specific writ from the king authorizing such an action). This principle would historically protect the landowner from arbitrary seizure, even by royal agents, if they lacked the proper documented authorization.