Legal Definitions - de libero homine exhibendo

De libero homine exhibendo is a Latin legal term from ancient Roman law. It translates to "for the production of a free man." It refers to a specific type of legal order, known as an interdict, issued by a magistrate. The purpose of this order was to compel someone who was detaining a free person to bring that individual before the magistrate. This allowed the magistrate to investigate the circumstances of the detention and ensure that a free citizen was not being unlawfully held. It was a crucial mechanism for protecting individual liberty in Roman society.

• Disputed Servitude Claim: Imagine a situation in ancient Rome where a person, claiming to be a free citizen, is being held by a wealthy landowner who insists the person is a bond-servant due to an unpaid debt. The detained individual's family believes this claim is false and that their relative is being unlawfully deprived of their freedom.
  How it illustrates the term: A magistrate, upon receiving a petition from the family, would issue a de libero homine exhibendo. This order would legally compel the landowner to present the detained individual before the magistrate. The magistrate could then hear arguments from both sides and determine whether the person was indeed a free citizen being unlawfully held, or if there was a legitimate legal basis for their detention under Roman law.
• Unlawful Detention by a Private Citizen: Consider a scenario where a powerful merchant in a Roman province detains a skilled artisan, preventing him from leaving his estate. The merchant claims the artisan breached a contract and must complete a large order before being released, effectively holding him against his will. The artisan's friends believe he is a free man being unlawfully confined.
  How it illustrates the term: In this case, a magistrate could issue a de libero homine exhibendo. This legal command would force the merchant to bring the artisan before the court. The magistrate would then investigate the legality of the detention, ensuring that a free individual's liberty is not arbitrarily curtailed by a private party without proper legal justification.
• Arbitrary Detention by a Local Official: Picture a local governor in a remote Roman territory who, acting beyond his specific judicial authority, orders the detention of a prominent citizen who has publicly criticized his administration. The citizen's supporters believe this detention is arbitrary, without proper cause, and violates the citizen's rights as a free Roman.
  How it illustrates the term: A higher magistrate or a concerned citizen could petition for a de libero homine exhibendo. This order would compel the governor to bring the detained citizen before the magistrate. This allows the magistrate to review the legality of the detention and ensure that a free Roman citizen is not being held without due process or a valid legal reason.