Legal Definitions - fugam fecit

fugam fecit

fugam fecit is a historical Latin legal phrase that translates to "he fled" or "he has made flight." In the context of historical English common law, particularly in serious criminal cases like felonies and treason, this phrase referred to a specific finding made by a jury. If a jury determined that an accused individual had intentionally fled to avoid facing trial or justice, this finding of fugam fecit carried significant legal repercussions. The primary consequence was that the defendant's property could be forfeited to the Crown or the state, even if they were not formally convicted of the underlying crime. It served as a legal acknowledgment of an attempt to evade the judicial process, leading to severe penalties for the accused.

• Imagine a scenario in 17th-century England where a wealthy merchant, Mr. Alistair Finch, was accused of high treason against the monarchy. Before his trial could commence, Mr. Finch, fearing conviction and execution, secretly boarded a ship and sailed to a foreign land, abandoning his estate and businesses. When his case eventually came before a jury, they heard evidence of his sudden disappearance and his deliberate efforts to evade capture. The jury, upon concluding that Mr. Finch had indeed fled to avoid justice, would have made a finding of fugam fecit. As a direct result of this finding, all of Mr. Finch's extensive properties, lands, and assets would have been legally seized and forfeited to the Crown, regardless of whether he was ever formally tried or convicted of treason in absentia.

• Consider a local court in a medieval English shire where Elara, a peasant woman, was accused of a serious felony, such as theft with violence. Rather than face the local assizes, Elara vanished from her village, leaving behind her small cottage and meager possessions. During the subsequent legal proceedings, the community leaders and witnesses testified that Elara had deliberately absconded from the jurisdiction immediately after the accusation surfaced, making no attempt to present herself for trial. Based on this evidence, the jury would have declared fugam fecit. Consequently, her humble cottage and any personal belongings she left behind would have been forfeited to the local lord or the Crown, serving as a penalty for her flight from justice.

• In a fictional historical account set during a period of political unrest, a prominent nobleman, Lord Beaumont, was implicated in a conspiracy against the ruling duke. Aware that the evidence against him was strong and the duke's justice swift and harsh, Lord Beaumont gathered his family and fled his ancestral castle under the cover of night, seeking refuge in a neighboring duchy. When the duke's court convened to address the conspiracy, Lord Beaumont's absence was noted, and witnesses confirmed his deliberate escape. The court, acting as a jury in this context, would have formally declared fugam fecit. This declaration would have immediately triggered the forfeiture of Lord Beaumont's vast estates, titles, and wealth, which would then be absorbed into the ducal treasury, punishing his evasion of justice and weakening his family's power.