Legal Definitions - de pace et roberia

The term de pace et roberia refers to a historical legal process, originating from Law Latin, which translates to "of breach of peace and robbery." It was a specific type of criminal appeal or complaint used in medieval legal systems to address offenses involving either robbery or a significant disturbance of public order. Essentially, it provided a formal mechanism for victims or authorities to bring charges and seek justice for these particular crimes.

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

• Example 1: A Merchant's Ordeal

  Imagine a merchant traveling through the countryside in the 14th century, carrying valuable goods. He is ambushed by highwaymen who violently steal his entire cargo and money. Upon reaching the nearest town, the merchant would initiate a complaintde pace et roberia.

  This illustrates the term because the primary offense was roberia (robbery) – the forcible taking of property. The appeal would have been the formal legal step to report the crime and seek redress against the perpetrators.

• Example 2: Village Disturbance

  Consider a situation where a dispute between two rival families in a small village escalates into a large, violent brawl in the public square, disrupting the market, injuring several bystanders, and causing widespread fear among the villagers.

  This scenario exemplifies the "de pace" aspect (breach of peace). The violent altercation severely disturbed the public order and safety of the community. A local official or an affected citizen could have brought a complaint de pace et roberia to address the disruption and hold those responsible accountable for disturbing the peace.

• Example 3: Estate Invasion

  Suppose a group of armed individuals invades a wealthy landowner's estate, not only stealing livestock, precious metals, and household items but also assaulting the estate's guards and servants, creating a climate of terror and insecurity for everyone living there.

  This example demonstrates both elements of de pace et roberia. The theft of livestock and valuables constitutes roberia (robbery), while the assault on the guards and servants, along with the widespread fear and disruption caused, clearly represents a significant breach of peace. The landowner would have used this specific type of appeal to prosecute the offenders for both the theft and the violent disruption of his estate's peace.