Legal Definitions - fortia

Fortia is a historical legal term with two primary meanings:

1. Force applied by an accessory to enable a principal crime.

In this sense, fortia refers to the physical power or coercion exerted by one person (an accessory) to assist another person (the principal) in committing a crime. The accessory's force directly facilitates the principal's unlawful act.

• Imagine a historical scenario where a group of conspirators plans to abduct a wealthy merchant. One conspirator physically blocks the merchant's escape route and holds them down, while another conspirator (the principal) ties them up and carries them away. The act of physically restraining the merchant by the first conspirator would be considered fortia, as it is the force used by an accessory to enable the principal act of abduction.

• Consider a situation where a guard, under duress or complicity, forcibly prevents a witness from intervening or calling for help while a thief (the principal) breaks into a treasury. The guard's use of force to incapacitate the witness, thereby allowing the theft to proceed unhindered, would be an example of fortia in this context.

2. Power, dominion, or jurisdiction.

Historically, fortia also described the authority, control, or legal power held by a ruler, lord, or governing body over a territory, its inhabitants, or specific legal matters.

• In a medieval kingdom, the king's fortia extended throughout his realm, signifying his ultimate sovereign power to enact laws, administer justice, and command armies across all his lands and over all his subjects. This refers to his comprehensive dominion.

• A feudal lord, while subordinate to the king, would still possess fortia within his own barony or manor. This meant he had the delegated power to manage his estates, collect rents, and preside over local courts to resolve disputes among his tenants, representing his specific jurisdiction and control over that territory.