Legal Definitions - de plegiis acquietandis

de plegiis acquietandis

This is a historical legal term referring to a specific type of court order, known as a writ, issued in common law systems.

The writ of de plegiis acquietandis was used to compel a principal debtor to reimburse a surety who had paid a debt or fulfilled an obligation on the principal's behalf. It served as a legal mechanism to ensure that a guarantor (the surety) who stepped in to cover a default would be repaid by the original party responsible (the principal).

• Example 1: A Merchant's Loan Guarantee

  Imagine a merchant in 17th-century London, Mr. Davies, needed a loan from a moneylender to fund a trading voyage. The moneylender required a guarantor, so Mr. Evans, a wealthier associate, agreed to be the surety, promising to pay if Mr. Davies defaulted. Unfortunately, Mr. Davies's voyage failed, and he was unable to repay the loan. Mr. Evans, as the surety, was then legally obligated to pay the moneylender. To recover his losses from Mr. Davies, Mr. Evans could have sought a writ of de plegiis acquietandis, ordering Mr. Davies to reimburse him for the amount paid.

• Example 2: A Feudal Obligation

  Consider a medieval tenant farmer, Thomas, who owed a specific amount of grain and labor to his lord. His cousin, Robert, a more prosperous farmer, acted as a pledge (surety) for Thomas, guaranteeing to the lord that Thomas's obligations would be met. When a poor harvest left Thomas unable to provide the required grain, Robert stepped in and supplied it to the lord to prevent Thomas from facing severe penalties. Robert could then petition the local court for a writ of de plegiis acquietandis to compel Thomas to repay him for the grain Robert had provided on his behalf.

• Example 3: A Performance Bond for a Craftsperson

  In an earlier era, a master builder, Mr. Henderson, was contracted to construct a new wing for a manor house. The manor owner, concerned about timely completion, required a bond, and Mr. Graham, another respected craftsman, acted as Mr. Henderson's surety, promising to pay a penalty if the work was not completed as agreed. When Mr. Henderson abandoned the project halfway through, Mr. Graham, as the surety, had to pay the agreed penalty to the manor owner. Mr. Graham would then have used a writ of de plegiis acquietandis to legally demand reimbursement from Mr. Henderson for the penalty he had to cover.