Legal Definitions - de nativo habendo

Definition: De nativo habendo was a legal writ used in medieval times to order a sheriff to capture and return a runaway serf to their lord. The writ was used to determine the ownership status of the serf.

• If a serf ran away from their lord, the lord could use de nativo habendo to force the sheriff to bring the serf back.
• In a trial on the writ, the lord would have to prove that the serf was their property and had no right to leave.

These examples show how de nativo habendo was used to maintain the feudal system in medieval times. Serfs were considered property of their lords and had no right to leave without permission. The writ was used to enforce this system and ensure that serfs remained under the control of their lords.