Legal Definitions - de licentia transfretandi

De licentia transfretandi is a historical legal term that translates from Law Latin to "of permission to cross the sea." It refers to a specific type of formal written order issued by a governing authority, typically a monarch or the state, in medieval and early modern times.

This writ served as an official permit, instructing the wardens or officials of seaports to allow a particular individual, named within the writ, to embark on a journey across the sea. Such permission was often required due to state control over travel, especially during times of war, political instability, or for individuals of significant status, ensuring that only authorized persons could leave or enter the realm by sea.

• Example 1: Diplomatic Mission

  During the 14th century, if King Edward III of England wished to send a trusted envoy to negotiate a peace treaty with the French monarch, the diplomat would not simply be able to board a ship. The King's chancery would issue a de licentia transfretandi addressed to the warden of a major port like Dover. This writ would specifically name the diplomat, Sir John, and instruct the port officials to permit him to cross the English Channel to France. This ensured that Sir John's departure was officially sanctioned and that port authorities would facilitate, rather than obstruct, his critical diplomatic mission.

• Example 2: Religious Pilgrimage

  Consider a wealthy noblewoman in 15th-century England who desired to undertake a pilgrimage to the Holy Land. Given the significant political and logistical challenges of such a journey, and the Crown's interest in monitoring the movement of its subjects, she would need official permission to leave the country. She would petition the Crown, and if her request was approved, a de licentia transfretandi would be issued. This writ would be presented to the port warden at Southampton, authorizing them to allow her and her retinue to board a vessel bound for the Mediterranean, thereby legally permitting her overseas religious travel.

• Example 3: Merchant Travel During Restrictions

  Imagine a prominent merchant in 16th-century England who needed to travel to the Low Countries for crucial trade negotiations, but general travel restrictions were in place due to ongoing conflicts. To ensure his passage, he would apply for a de licentia transfretandi. If granted, this writ would be delivered to the customs officials at the Port of London. It would explicitly state that the merchant, Master Thomas, was authorized to cross the sea for his business, overriding the general travel ban and compelling the port authorities to allow his departure.