Legal Definitions - commune placitum

Commune placitum refers to a historical legal term for a 'common plea' or a civil lawsuit. It specifically denoted a legal dispute that occurred between private individuals or entities, rather than a case brought by the Crown (the state) against an individual for a criminal offense. In essence, it distinguished private civil matters from public criminal prosecutions.

• Example 1: Property Boundary Dispute

  Imagine two medieval landowners, Lord Alaric and Lady Beatrice, who owned adjacent plots of land. A dispute arises because Lord Alaric believes Lady Beatrice has encroached upon his property by moving a boundary stone. Lord Alaric would bring a commune placitum against Lady Beatrice to resolve this land ownership disagreement. This is a private dispute between two individuals concerning property rights, not a crime against the king or state.

• Example 2: Unpaid Debt or Contractual Breach

  Consider a scenario where a master craftsman, Master Thomas, had agreed to build a custom carriage for a wealthy merchant, Sir Reginald. Master Thomas completed the carriage, but Sir Reginald refused to pay the agreed-upon sum, claiming the quality was subpar. Master Thomas would initiate a commune placitum to compel Sir Reginald to fulfill his contractual obligation and pay for the carriage. This legal action is a civil matter between two private parties regarding a debt and a contract.

• Example 3: Inheritance Claim

  In a different context, if a wealthy noble died without a clear will, and two distant relatives, Baroness Eleanor and Duke Frederick, both claimed to be the rightful heir to his estate and fortune. Their legal battle over inheritance would be classified as a commune placitum. The court would hear their arguments and evidence to determine which private individual had the stronger claim to the deceased's assets, without the state being a direct party to the dispute.