Legal Definitions - exigenter

An exigenter was a historical legal officer in England, specifically working within the Court of Common Pleas. Their primary responsibility was to manage the formal steps required when an individual failed to appear in court and could not be located, a process that could ultimately lead to them being declared an "outlaw." This involved preparing special writs, known as "exigents," which were formal demands for the person to surrender, and issuing public "proclamations" announcing these demands. The office of the exigenter was abolished in 1837.

• Example 1 (Criminal Evasion): Imagine a situation in 17th-century England where a person accused of a serious crime, such as highway robbery, had fled their village and could not be apprehended by local authorities. After several attempts to summon them to court failed, the case would be referred to an exigenter. This officer would then prepare the necessary exigents – formal legal documents demanding the accused's appearance – and arrange for proclamations to be made in public places, such as market squares, warning the individual that continued absence would result in them being declared an outlaw, stripped of their legal rights and protections. This illustrates the exigenter's role in initiating the formal process against an absconding criminal.

• Example 2 (Civil Debt Avoidance): Consider a wealthy merchant in the early 1800s who owed a substantial sum of money to a creditor but deliberately vanished to avoid repayment. The creditor, seeking legal recourse, would initiate proceedings in the Court of Common Pleas. If the debtor remained untraceable after initial summonses, the exigenter would become involved. They would draft the writs of exigent, which legally compelled the debtor to appear, and ensure these demands were publicly proclaimed. This action was a critical step towards potentially declaring the absconding merchant an outlaw, thereby allowing the creditor to seize their property or assets without further legal challenge from the debtor themselves.

• Example 3 (Property Dispute Non-Compliance): In a complex land dispute in the late 18th century, one party repeatedly ignored court summonses, hoping to delay or avoid a judgment that might rule against them. When all attempts to serve them directly failed, the opposing party could petition the court for an outlawry process. The exigenter would then be tasked with drafting the sequence of exigents, which were formal orders for the absent party to present themselves, and overseeing the public proclamations of these orders. These actions were crucial for the court to proceed, eventually allowing a judgment to be made on the land dispute even in the absence of the non-compliant party, or for that party to face the severe consequences of outlawry.