Latitat
Encyclopedia
A latitat is a legal device, namely a writ
, that is "based upon the presumption that the person summoned was hiding", see Blackstone
. The word "latitat" is Latin
for "he lurks."
In England
, the writ
is essentially a summons out of the civil, and in those days common law
only court King's Bench
. It is now defunct but examples still exist from 1579 and 1791. One example from the 16th Century was a writ presented to the Star Chamber
, a powerful court operating outside the normal system of law. In that example, the Court of King's Bench
had issued a writ of latitat directing the King's Sheriff
to arrest the named person and present him before the court at a specified time and place. The matter had come before the Star Chamber
because the arrest had been resisted and the Under-Sheriff
(a Crown
official) assaulted and a writ of subpoena
was now requested. The writ may have arisen in 1566 because at that time there was a 'Bill for Latitat for Vexation out of the King's Bench' before Parliament
and there was another in 1802.
The current practice would be for the issue of a subpoena
. If the person concerned failed to appear, the High Court of England and Wales has the power to issue a Bench Warrant i.e. a warrant
for the arrest
of the person concerned, who may then be subject to arrest under that aegis of The Tipstaff and presentation before the court for contempt of court
.
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
, that is "based upon the presumption that the person summoned was hiding", see Blackstone
William Blackstone
Sir William Blackstone KC SL was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke...
. The word "latitat" is Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for "he lurks."
In England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, the writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
is essentially a summons out of the civil, and in those days common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
only court King's Bench
King's Bench
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms...
. It is now defunct but examples still exist from 1579 and 1791. One example from the 16th Century was a writ presented to the Star Chamber
Star Chamber
The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
, a powerful court operating outside the normal system of law. In that example, the Court of King's Bench
King's Bench
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms...
had issued a writ of latitat directing the King's Sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
to arrest the named person and present him before the court at a specified time and place. The matter had come before the Star Chamber
Star Chamber
The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
because the arrest had been resisted and the Under-Sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
(a Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
official) assaulted and a writ of subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
was now requested. The writ may have arisen in 1566 because at that time there was a 'Bill for Latitat for Vexation out of the King's Bench' before Parliament
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
and there was another in 1802.
The current practice would be for the issue of a subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
. If the person concerned failed to appear, the High Court of England and Wales has the power to issue a Bench Warrant i.e. a warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
for the arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
of the person concerned, who may then be subject to arrest under that aegis of The Tipstaff and presentation before the court for contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
.
External links
Website with text of a Writ of Latitat described above:- http://www.glenister.org/items/glenstar.asp