Legal Definitions - sequestro habendo

Sequestro habendo was a historical legal writ, or formal order, used within ecclesiastical law (the law governing the church). It was issued by a sovereign (such as a king or queen) to a bishop.

The purpose of a sequestro habendo was to command the bishop to release or "discharge" the sequestration of a benefice's profits. A "benefice" was a church office or position that provided an income, often from land or tithes. "Sequestration" meant that the profits or income from that benefice had been seized, frozen, or withheld, often due to a dispute, mismanagement, or other legal or ecclesiastical reason.

In essence, a sequestro habendo was the monarch's way of intervening to unfreeze church funds that a bishop had previously taken control of, thereby restoring the income to the rightful holder of the church office.

Here are some examples to illustrate this historical term:

• Example 1: Resolution of a Dispute

  Imagine a situation in 15th-century England where Father Michael, who holds a benefice in a rural parish, is accused of neglecting his duties and mismanaging the parish's finances. The local bishop, acting under church authority, decides to sequester the profits from Father Michael's benefice, meaning Father Michael temporarily loses access to his income while an investigation takes place. After a thorough inquiry, the King's court determines that Father Michael was unjustly accused and has been diligently performing his duties. To rectify the situation and ensure Father Michael receives his rightful income, the King issues a sequestro habendo to the bishop, ordering him to immediately release the sequestered profits and restore Father Michael's full access to his benefice's income.

  This example illustrates how a sequestro habendo was used to discharge a sequestration after a resolution, ensuring the rightful recipient regained their income.

• Example 2: Ending a Temporary Measure

  Consider a period in the 13th century when a significant portion of a diocese's church buildings, including a valuable benefice, suffered severe damage from a storm. The bishop, needing funds for urgent repairs, temporarily sequestered the profits from several benefices, including that of Canon John, to contribute to a central repair fund. Once the repairs were completed and the emergency had passed, Canon John petitioned the King, arguing that the reason for the sequestration no longer existed. The King, recognizing the temporary nature of the original sequestration and the completion of the necessary work, issued a sequestro habendo to the bishop, commanding him to lift the sequestration on Canon John's benefice and allow the profits to flow back to him.

  This example demonstrates the writ being used to end a temporary sequestration once its original purpose had been fulfilled.

• Example 3: Royal Intervention for Justice

  In a historical scenario, a powerful local lord, with influence over the bishop, might have pressured the bishop to sequester the profits of a particular benefice held by a clergyman who had publicly opposed the lord's actions. The clergyman, feeling unjustly targeted and deprived of his livelihood, appealed directly to the monarch. Upon reviewing the case and finding no legitimate ecclesiastical reason for the sequestration, but rather evidence of undue influence, the monarch could issue a sequestro habendo to the bishop. This royal command would override the bishop's previous order, forcing him to release the benefice's profits and restore them to the clergyman, asserting the sovereign's authority in matters of justice within the church.

  This example highlights the sovereign's power to intervene and discharge a sequestration that was deemed unjust or improperly imposed, ensuring fairness for the benefice holder.