Legal Definitions - de audiendo et terminando

De audiendo et terminando is a historical legal term referring to a special commission or writ issued to specific judges, granting them the authority to investigate, hear, and resolve particular legal cases. These cases typically arose from significant public disturbances, such as riots, and involved serious offenses like breaches of the peace, violent trespass, or grave misdemeanors.

Here are some examples illustrating its application:

• Example 1: Post-Rebellion Justice

  Following a localized peasant rebellion in a specific English county during the 15th century, where several manor houses were burned and local officials were assaulted, the King might have issued a commissionde audiendo et terminando. This commission would empower a designated group of royal justices to travel to that county. Their specific mandate would be to swiftly and decisively hear all cases related to the rebellion, identify the ringleaders and participants, and pass judgments to restore order and punish those responsible for the violence and destruction.

• Example 2: Suppressing Urban Unrest

  Imagine a major port city in the 18th century experiencing a series of violent protests by sailors and dockworkers against harsh working conditions and low wages. These protests escalate into widespread rioting, leading to significant property damage, looting, and clashes with the local constabulary. To bring the situation under control and address the legal consequences, the government could issue a commission de audiendo et terminando. This would grant a special panel of judges the authority to specifically investigate the various acts of violence and destruction committed during the riots, try the individuals accused of these offenses, and deliver verdicts to re-establish the rule of law in the disturbed urban area.

• Example 3: Addressing Mining Disputes

  In a 19th-century mining region, a prolonged and bitter strike turns violent, with miners engaging in sabotage of mine equipment, intimidation of non-striking workers, and armed confrontations with company security forces. These actions result in serious injuries, extensive property damage, and a breakdown of public order. To address the legal fallout from this severe industrial dispute, the central government might dispatch a special commission de audiendo et terminando. This commission would empower designated judges to specifically hear cases against those accused of violence, property destruction, or other serious breaches of the peace related to the strike, making determinations to resolve the legal aspects of the conflict and restore stability to the region.