Legal Definitions - in meditatione fugae

in meditatione fugae

This is a Latin legal term that translates to "in contemplation of flight" or "meditating flight." Historically, in Scots law, it referred to a situation where an individual was actively planning or preparing to leave the country, specifically to avoid legal obligations, most commonly the repayment of debts.

The concept was particularly relevant when imprisonment for debt was a legal possibility. If a debtor was found to be "in meditatione fugae" and owed a substantial amount, a special warrant (known as a fugae warrant) could be issued to prevent them from departing. However, with the abolition of imprisonment for debt, this specific legal ground for detention became obsolete. While the term itself is no longer actively used in modern legal practice, it provides insight into historical legal concerns about individuals attempting to evade justice by fleeing jurisdiction.

• Example 1: Imagine an 18th-century Scottish merchant who owes a significant sum to several creditors. Rumors begin circulating that he has quickly sold his business assets below market value, purchased a passage on a ship bound for the Americas, and is secretly packing his belongings, intending to depart before his creditors can take legal action. This scenario would have been considered in meditatione fugae, as the merchant was clearly contemplating flight to avoid his financial responsibilities.

• Example 2: Consider a historical case where a person was ordered by a court to pay a substantial fine for a civil offense. The court then receives information that this individual has applied for a passport under a different name, booked a one-way international flight, and is liquidating all their local assets. These actions would strongly suggest that the individual was in meditatione fugae, attempting to flee the country to evade the court's judgment.

• Example 3: In a past era, a person facing a court order for significant financial restitution to a victim of fraud might be observed making arrangements to move abroad permanently, selling their home, closing bank accounts, and making no provisions for the court-ordered payments. Such behavior would indicate they were in meditatione fugae, planning to escape the jurisdiction to avoid their legal obligations.