Legal Definitions - de transgressione, ad audiendum et terminandum

De transgressione, ad audiendum et terminandum is a historical legal term from Law Latin, meaning "of trespass, for hearing and determining." It refers to a special commission or directive issued by a sovereign or high authority in historical legal systems. This commission empowered designated individuals or a panel to investigate, hear evidence, and render a judgment on a specific instance of wrongdoing, often a significant trespass, an outrage, or a misdemeanor that threatened public order or required immediate resolution.

• Imagine a medieval English county where two prominent families are engaged in a long-standing feud, resulting in repeated acts of property damage, assaults, and general disruption of the peace. The King, concerned about the breakdown of order, might issue a commission de transgressione, ad audiendum et terminandum to a group of trusted local knights and a royal judge.

  Explanation: This commission would grant these individuals the specific authority to investigate the "transgression" (the ongoing feud and its associated crimes), "hear" testimony from all parties involved and witnesses, and "determine" the facts and appropriate penalties or resolutions to end the conflict and restore order.

• Consider a situation in the 14th century where a royal tax collector in a remote shire is accused by the local populace of excessive force and illegal seizure of property beyond what was owed. The complaints reach the King's court, prompting the King to act.

  Explanation: The King could issue a commission de transgressione, ad audiendum et terminandum to a small group of royal officials and legal experts. Their mandate would be to travel to the shire, "hear" the grievances of the villagers and the defense of the tax collector, investigate the alleged "transgression" (misconduct and illegal seizures), and "determine" whether the accusations are true, what restitution is due, and what punishment the official deserves.

• In a historical context where royal forests were strictly protected, a group of villagers might be accused of repeatedly encroaching upon the forest, poaching deer, and felling trees for timber without permission, causing significant damage and loss to the Crown.

  Explanation: A special commission de transgressione, ad audiendum et terminandum might be established by the Crown to address this specific "transgression." This commission would be tasked with "hearing" evidence from foresters and villagers, investigating the extent of the poaching and illegal logging, and "determining" the guilt of the accused and the appropriate fines or punishments to deter future violations and protect royal property.