Legal Definitions - non molestando

Non molestando is a historical legal term that refers to a specific type of legal order, known as a writ, used in medieval English law. It was issued to protect an individual's peaceful possession of land when that possession had been interfered with or disturbed, especially when the individual was under the official protection or grant of the Crown (the monarch).

Essentially, a non molestando writ was a command from the Crown to stop someone from "molesting" or disturbing another person's legally recognized and protected land possession.

• Example 1: A Feudal Tenant's Farm

  Imagine a farmer in 14th-century England who holds a plot of land under a royal charter, which explicitly guarantees his right to cultivate it without interference. A powerful local baron, seeking to expand his own estate, begins to send his men to graze their livestock on the farmer's fields, damage his crops, and block his access to a vital water source. These actions prevent the farmer from peacefully working his land.

  This situation illustrates non molestando because the farmer's possession of land has been disturbed by the baron's aggressive actions. This disturbance is contrary to the Crown's protection, as the farmer's rights were secured by a royal charter. The farmer could have sought a non molestando writ to compel the baron to cease his interference and restore the farmer's ability to use his land as granted by the Crown.

• Example 2: A Merchant's Wharf

  Consider a merchant in a bustling medieval port town who has been granted a specific stretch of waterfront property and the right to build a wharf by a royal decree, ensuring his ability to conduct trade. A rival merchant, without any legal claim, starts to dump waste materials onto the property, obstruct the access road to the wharf, and intimidate the workers, making it impossible for the first merchant to use his property for loading and unloading goods.

  Here, the first merchant's possession of land (the wharf and waterfront) is being disturbed by the rival's unlawful actions. This disturbance directly contradicts the Crown's protection that was explicitly granted through the royal decree to secure the merchant's trading rights. A non molestando writ would have been the appropriate legal tool to enforce the royal protection and stop the rival's interference.

• Example 3: A Monastery's Forest Rights

  Picture a monastery that holds extensive lands, including a specific forest for timber and hunting, all confirmed by a long-standing royal charter. A neighboring lord, despite the royal charter, begins to send his own foresters into the monastery's designated forest to cut timber and hunt game, claiming it's his ancestral right. This significantly depletes the monastery's resources and income, disturbing their established use of the land.

  This scenario demonstrates non molestando because the monastery's possession of land (the forest and its resources) is being disturbed by the lord's unauthorized activities. This disturbance is contrary to the Crown's protection, as the monastery's rights to that land were explicitly secured and guaranteed by the monarch's charter. A non molestando writ would have been used to uphold the Crown's protection and prevent the lord from further encroaching on the monastery's property.