Legal Definitions - libertatibus exigendis in itinere

Libertatibus exigendis in itinere is a historical Latin legal term that refers to a specific type of royal writ, or formal written order, issued by the King of England. This writ was directed to the "justices in eyre," who were traveling judges appointed to hear cases in various counties across the kingdom. Its primary purpose was to command these itinerant judges to permit a criminal defendant to be represented by an attorney during their trial. This writ underscored the monarch's authority to intervene in judicial proceedings to ensure, in specific instances, that a defendant could access legal counsel, a right that was not always automatically granted in historical English courts.

• Example 1: Imagine a wealthy landowner in 14th-century England, accused of a serious felony such as grand larceny. The local justice in eyre, known for his swift and often harsh judgments, initially denies the landowner's request to have a learned advocate present his defense, perhaps due to a backlog of cases or a personal bias. The landowner's family, possessing influence and resources, petitions the King directly. The King, recognizing the potential for an unfair trial and the importance of maintaining order among the gentry, issues a libertatibus exigendis in itinere. This writ compels the traveling judge to admit an attorney to represent the accused landowner, ensuring that his defense is properly articulated in court.

  This example illustrates how the writ could be used to secure legal representation for a defendant, even a prominent one, when a local judge might otherwise refuse, demonstrating the King's power to intervene and ensure access to counsel through a specific command.

• Example 2: Consider a commoner in a remote village, accused of a capital crime like murder. The accused is illiterate, unfamiliar with legal procedures, and has no means to articulate a defense effectively. News of the injustice reaches a sympathetic royal official who brings the matter to the King's attention. Understanding the severe disadvantage the defendant faces, the King might issue a libertatibus exigendis in itinere. This writ would instruct the justice in eyre presiding over the case to allow a qualified attorney to speak on behalf of the farmer, ensuring that his defense, however humble, was properly presented and heard in court.

  This scenario demonstrates the writ's application to a commoner, highlighting its role in providing a crucial safeguard for individuals who would otherwise be at a significant disadvantage against the legal system without professional representation.

• Example 3: During a period of political tension, a minor baron is charged with treason against the crown. While the King's court might wish to make a strong example, there is also a need to maintain a semblance of fair process to avoid further unrest among the nobility. To ensure the trial's legitimacy and to project an image of justice, the King might issue a libertatibus exigendis in itinere. This writ would direct the traveling justices to allow the accused baron to be represented by an attorney, thereby lending an air of due process to the proceedings, despite the politically charged nature of the accusation.

  This example shows the writ being used in a politically sensitive case, where the King's command ensures that even a politically charged trial adheres to a certain standard of legal representation, reinforcing the perceived fairness of the judicial process.