Latitat


 
 

A latitat is a legal device, namely a writ, that is "based upon the presumption that the person summoned was hiding." (Blackstone)

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

In England, at least, the writ, essentially a summons out of the King's Bench (a civil, and in those days common law only court) 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 law, a writ is a formal written order issued by a public body in the name of the sovereign power. In modern usage, this public body is normally a court. Warrants, prerogative writs, and subpoenas are types of writs, but there are many others....

Blackstone: There are people and places named Blackstone....

England: :For an explanation of often confusing terms like England, (Great) Britain and United Kingdom see British Isles (terminology)....

~ Table of Content ~

Introduction
External link
 


 

~ Related Subjects ~

Subpoena (3) - Writ (2) - Law (1) - Order (1) - Contempt of court (1) - Warrant (1) - Arrest (1) - The Tipstaff (1) - Sovereign power (1) - Britain (1) - United Kingdom (1) - British Isles (terminology) (1) - Great (1) - Court (1) - Warrants (1) -
 

~ Community ~

History Forum
Come and discuss about History, Civilizations, Historical Events and Figures
History Web-Ring
A community of sites, blogs and forums dedicated to History. Do not hesitate to submit your site.