Legal Definitions - distringas juratores

Distringas juratores is a historical legal term referring to a formal court order, or writ, issued in medieval English law. This writ commanded the sheriff to compel the attendance of individuals who had been summoned for jury duty but had failed to appear. The compulsion typically involved "distraining" the jurors, meaning the sheriff was authorized to seize their property or impose other penalties until they presented themselves before the judges on the appointed day to fulfill their civic obligation.

This legal mechanism was crucial for ensuring that trials could proceed without delay due to absent jurors, thereby upholding the functioning of the justice system.

• Example 1: Ensuring a Full Jury for a Criminal Trial

  Imagine a significant criminal trial in 14th-century England, perhaps involving a serious felony like robbery or murder. The court had issued summonses to a dozen local landowners and merchants to serve on the jury. On the morning of the trial, however, three of the summoned jurors are conspicuously absent, perhaps having decided to prioritize their harvest or fearing retribution from the accused's family. To prevent the trial from being postponed or abandoned, the presiding judge would issue a distringas juratores. This writ would empower the sheriff to immediately dispatch deputies to the homes of the missing jurors, seize some of their livestock or tools, and hold them until the jurors appeared in court, thereby ensuring the trial could proceed with a full panel.

• Example 2: Compelling Attendance in a Complex Civil Dispute

  Consider a protracted land dispute between two prominent families in the 15th century, requiring a jury to determine rightful ownership. The case is complex and has been scheduled for a specific date, with all parties and witnesses prepared. If several selected jurors, perhaps reluctant to get involved in a contentious local feud or simply negligent, fail to show up, the court cannot form a complete jury to hear the evidence. In such a scenario, a distringas juratores would be issued. The sheriff, acting on this writ, might temporarily seize a portion of the absent jurors' crops or impose a monetary penalty, holding these until the jurors fulfilled their duty, thus allowing the important civil matter to be resolved.

• Example 3: Addressing Repeated Non-Compliance by a Summoned Individual

  Suppose a particular individual in a medieval town has been repeatedly summoned for jury service over several court sessions but consistently fails to appear, showing a disregard for their civic duty. The court, needing to maintain its authority and ensure a sufficient pool of jurors for various cases, might specifically target this individual with a distringas juratores. The sheriff could then be authorized to seize a valuable personal item, such as a horse or a piece of furniture, from the non-compliant juror's possession. This property would be held until the individual finally reported for duty, demonstrating the court's power to enforce attendance and uphold the judicial process.