Legal Definitions - de identitate nominis

de identitate nominis

De identitate nominis is a historical legal term referring to a specific type of writ, which was a formal written order issued by a court. This writ was used to secure the release of an individual who had been wrongfully arrested and imprisoned because they were mistakenly identified as another person sharing the exact same name. It served as a legal remedy for false imprisonment that resulted purely from a case of mistaken identity based on an identical name.

• Example 1: Imagine a scenario in 17th-century England where a notorious highwayman named William Turner was wanted for robbery. Authorities, acting on a warrant for "William Turner," mistakenly arrested an innocent farmer, also named William Turner, who had no connection to the crime. The farmer was then imprisoned. To rectify this injustice, the farmer's family would have petitioned the court for a writ of de identitate nominis, presenting evidence to prove that the arrested individual was not the wanted criminal and thus secure his release.

  Explanation: This example illustrates how an innocent person (the farmer) could be falsely imprisoned due to sharing a name with a criminal. The writ was the legal tool to establish the distinct identity of the innocent party and ensure their freedom.

• Example 2: Consider a situation in a medieval town where a merchant named Eleanor Vance was accused of defaulting on a debt, and a warrant was issued for her arrest. However, the local bailiff, without thorough investigation, apprehended a different woman, also named Eleanor Vance, who was a visiting scholar and entirely unrelated to the debt. The scholar was subsequently detained. Her legal representative would have sought a writ of de identitate nominis to demonstrate to the court that the arrested scholar was not the Eleanor Vance named in the warrant, thereby compelling her release.

  Explanation: Here, the writ serves to differentiate between two individuals with identical names when one has been wrongly detained based on a legal document (a warrant) intended for the other, highlighting its role in preventing unjust imprisonment.

• Example 3: In a historical context, if a man named Robert Jones was a known poacher and a warrant was issued for his arrest, but the local constabulary mistakenly arrested another man, a respected tailor also named Robert Jones, who was entirely innocent of poaching. The tailor would then be held in the local jail. The tailor's family or legal counsel would apply for a writ of de identitate nominis, providing proof that the arrested tailor was not the Robert Jones sought by the warrant, thereby compelling the court to order his immediate release.

  Explanation: This example demonstrates the writ's function as a critical legal recourse for an individual falsely imprisoned due to a simple, yet impactful, error of mistaken identity based solely on a shared name, ensuring that justice was served by distinguishing between the two individuals.