Legal Definitions - eundo, morando, et redeundo

The Latin phrase eundo, morando, et redeundo literally translates to "going, remaining, and returning." Historically, this term described a specific legal privilege that protected certain individuals from arrest while they were traveling to, present at, and returning from a place where they were required to perform official duties. This privilege was crucial for ensuring that essential public functions could be carried out without disruption due to personal legal entanglements.

Here are some examples illustrating how this historical privilege would have applied:

• Diplomatic Mission: Imagine a special envoy in the 17th century tasked with negotiating a peace treaty between two warring nations. This envoy would travel from their home country to a neutral territory for the negotiations.

  • The privilege of eundo, morando, et redeundo would protect the envoy from arrest while they were going to the negotiation site, ensuring their safe passage.
  • It would also apply while they were remaining at the negotiation table, preventing any local authorities from detaining them during the critical discussions.
  • Finally, it would cover their journey returning to their home country after the treaty was signed, guaranteeing their safe arrival without fear of arbitrary detention.

  This protection allowed the vital diplomatic mission to proceed unimpeded.

• Judicial Travel: Consider a circuit judge in 18th-century England who had to travel between different towns to preside over court sessions.

  • The privilege would apply eundo, protecting the judge from arrest for minor civil matters while traveling to the designated courthouse in a distant town.
  • It would extend morando, ensuring they could remain in that town and conduct court proceedings without fear of being detained.
  • And it would cover them redeundo, on their journey returning to their primary residence, allowing them to complete their judicial duties and return home without interruption.

  This ensured the continuity and authority of the judicial system across different regions.

• Summons to Parliament: Suppose a high-ranking government official or a peer was summoned to appear before Parliament in medieval times to provide crucial testimony or advice.

  • The protection of eundo would safeguard them from arrest as they traveled from their estate to Westminster.
  • It would continue morando, while they were present within the parliamentary precincts, participating in debates or giving testimony.
  • And it would conclude redeundo, covering their journey returning home after their parliamentary duties were fulfilled.

  This privilege ensured that those vital to the functioning of government could attend to their responsibilities without personal legal threats hindering their participation.