Legal Definitions - de transgressione

De transgressione is a historical Latin legal term that referred to a broad category of formal court orders, known as writs, which were issued to address various forms of trespass. Essentially, it encompassed the procedural means by which a plaintiff could initiate a lawsuit seeking a remedy for an unlawful interference with their person, property, or rights.

In simpler terms, if someone believed another person had unlawfully intruded upon their land, damaged their possessions, or physically harmed them, they would historically seek a specific type of writ that fell under the general umbrella of "de transgressione" to bring their complaint before a court.

• Example 1: Unlawful Entry onto Land

  Imagine a scenario in medieval England where a landowner discovered that a neighboring farmer had repeatedly allowed their livestock to graze on the landowner's private pasture without permission, damaging the grass and fences. The landowner could have sought a writ de transgressione to initiate a legal action against the farmer for this unauthorized intrusion onto their property. The writ would formally bring the complaint before the court, allowing the landowner to seek compensation for the damage and an order to prevent future trespasses.

• Example 2: Interference with Goods

  Consider a situation where a merchant's valuable bolts of cloth, stored in a public market stall, were unlawfully seized and damaged by a competitor out of spite. The merchant whose goods were interfered with could have pursued a writ de transgressione to sue the competitor. This writ would serve as the formal document to commence legal proceedings, allowing the merchant to seek redress for the unlawful taking and destruction of their property.

• Example 3: Physical Assault

  In a historical context, if one person physically assaulted another without justification, causing injury, the victim could have used a writ de transgressione to bring a legal claim against the assailant. This writ would formally notify the court of the unlawful physical interference and initiate a process where the victim could seek damages for the harm caused by the assault.