Legal Definitions - quinto exactus

Quinto exactus is a historical legal term from medieval English law, meaning "exacted the fifth time." It referred to a formal report made by a sheriff to the court when a defendant, who had been summoned to appear before a county court, failed to do so on five separate occasions. This repeated failure to appear, after being called five times, would lead to the defendant being declared quinto exactus. The consequence of such a declaration was severe, often resulting in outlawry, which meant the individual lost the protection of the law and many of their legal rights.

Here are some examples illustrating how this term would have applied:

• Example 1: Evading a Debt Summons
  Imagine a farmer named Thomas in 14th-century England who owed a small sum to a local merchant. When the merchant sued him, Thomas was summoned to the county court. Perhaps he was busy with harvest, or simply hoped the matter would go away, and ignored the first summons. He missed the second, third, and fourth as well. When the sheriff called him for the fifth time and he still didn't appear, the sheriff would report him as quinto exactus. This would then lead to legal proceedings that could declare Thomas an outlaw, making it impossible for him to pursue his own legal claims or even own property legally.

  Explanation: This illustrates how repeated non-appearance (five times) in response to a court summons led to the sheriff's report of quinto exactus and the severe consequence of losing legal protection.

• Example 2: Fleeing from a Criminal Accusation
  Consider a rogue named John who was accused of stealing livestock from a wealthy landowner. Knowing the potential punishment, John decided to flee his village and hide in a neighboring county rather than face justice. The sheriff of his original county would issue summons for him to appear in court. Despite multiple attempts to locate and summon him, John deliberately evaded capture and ignored all calls to court. After the fifth failed attempt to get John to appear, the sheriff would formally declare him quinto exactus. This declaration would then pave the way for John to be officially declared an outlaw, meaning anyone could seize his property or even harm him without legal repercussions.

  Explanation: Here, John's deliberate evasion over five court summonses directly results in the quinto exactus declaration, leading to outlawry and the loss of his legal rights and protections.

• Example 3: Unavoidable Absence Due to Illness
  Sarah, a young woman in the 13th century, was accused of a minor transgression, perhaps poaching a rabbit. She received a summons to appear in court. However, shortly after, a severe illness swept through her village, incapacitating her and her family for many weeks. She was physically unable to attend court, and there was no system for notifying the court of her illness or for representation. As the county court met periodically, she missed the first, second, third, fourth, and fifth summons due to her prolonged illness. Despite her lack of malicious intent, the sheriff, unable to secure her appearance after five calls, would eventually declare her quinto exactus, leading to her being declared an outlaw and losing her legal standing, simply because she could not physically appear.

  Explanation: This example highlights that the legal system's focus was on the *failure to appear* five times, regardless of the reason (even if unavoidable), leading to the quinto exactus declaration and its harsh consequences.