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The law is a jealous mistress, and requires a long and constant courtship.
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Legal Definitions - de warrantia diei
Definition of de warrantia diei
De warrantia diei is a historical legal term from English common law. It refers to a formal order, or writ, issued by the Crown (the monarch or government) to a judge. This writ instructed the judge not to penalize a party for failing to appear in court on a scheduled day. The reason for this exemption was that the Crown itself confirmed, or "warranted," that the individual was engaged in essential service to the Crown and therefore could not attend court. Essentially, it was a royal excuse for non-attendance due to official duties.
Example 1: A Knight on Royal Duty
Imagine Sir Alaric, a knight, was summoned to court for a dispute over a boundary line with a neighboring lord. However, on the very day of his court appearance, the King commanded Sir Alaric to immediately lead a contingent of soldiers to quell a rebellion in a distant province. The King, recognizing the critical importance of Sir Alaric's military service, would issue a de warrantia diei to the court. This writ would inform the judge that Sir Alaric's absence was due to his vital service to the Crown, preventing the judge from ruling against him by default for his non-appearance.
Example 2: A Royal Messenger on a Diplomatic Mission
Consider Lady Beatrice, a trusted royal courier, who was due in court to testify in a minor property inheritance case. Simultaneously, the Queen dispatched Lady Beatrice on an urgent diplomatic mission to deliver critical correspondence to a foreign dignitary in a neighboring kingdom. A de warrantia diei would be sent to the court on Lady Beatrice's behalf, confirming that her absence was directly attributable to her immediate and essential service to the Queen, thereby protecting her from being penalized for not appearing.
Example 3: A Royal Advisor During a Crisis
Suppose Master Elara, a highly skilled royal cartographer, was facing a civil claim regarding a debt. On the day of her scheduled court appearance, the King required her immediate presence and expertise to create urgent maps for a defensive strategy against an impending invasion, a matter of national security. The King's chancellery would issue a de warrantia diei, informing the court that Master Elara was engaged in crucial service to the Crown, preventing the judge from entering a default judgment against her for her non-attendance.
Simple Definition
De warrantia diei was a historical legal writ issued by the Crown. It served as a guarantee that a party was engaged in royal service, thereby ordering a judge not to record a default against that party for their non-appearance in court on a given day.