Legal Definitions - custodes libertatis angliae auctoritate parliamenti

The Latin phrase custodes libertatis angliae auctoritate parliamenti translates to "guardians of the liberty of England by the authority of Parliament." This term was the official heading or style used on all legal writs and judicial processes issued in England during a specific historical period: from January 1649, following the execution of King Charles I, until December 1653, when Oliver Cromwell was proclaimed Lord Protector. It served to declare that all legal authority and power in the nation originated from and was sanctioned by Parliament, rather than the abolished monarchy.

Here are some examples illustrating how this term would have been applied:

• Court Order for Debt Collection: Imagine a merchant in London in 1650 seeking to recover a debt from a customer. When the local court issued an order compelling the customer to pay or appear, that document would begin with the declaration custodes libertatis angliae auctoritate parliamenti.

  Explanation: This example demonstrates the phrase legitimizing the court's power to enforce civil law and resolve disputes. It signaled that the court's authority to command payment or appearance stemmed directly from Parliament's supreme power, not from any royal prerogative.

• Summons for a Witness: Suppose a trial was underway in 1652 concerning a property dispute, and a specific individual was needed to provide testimony. The formal summons issued to this person, requiring their presence in court, would bear the heading custodes libertatis angliae auctoritate parliamenti.

  Explanation: Here, the phrase underscored that the court's ability to compel a citizen to act as a witness was not arbitrary but was a legitimate exercise of power granted by Parliament. It ensured that even procedural legal actions were understood to be backed by the highest authority in the land.

• Warrant for Arrest: In 1651, if authorities suspected an individual of sedition against the Commonwealth government, a warrant for their arrest would be issued. This warrant, authorizing constables to apprehend the person, would prominently feature the phrase custodes libertatis angliae auctoritate parliamenti.

  Explanation: This illustrates the term's use in criminal justice. It clarified that the power to deprive someone of their liberty, even temporarily, was not an act of a monarch or a private entity, but a lawful command issued under the direct authority of the English Parliament, which was then considered the ultimate guardian of the nation's liberties.