Legal Definitions - recordari facias loquelam

Recordari facias loquelam was a historical legal writ used in England. It served as a formal order from a higher court that allowed a specific type of lawsuit, known as a "plaint in replevin," to be transferred from a local county court to a superior court, such as one of the central courts located in Westminster Hall. A "plaint in replevin" involved a dispute where an individual sought to recover personal property (goods or chattels) that they believed had been wrongfully taken or detained by another party.

• Imagine a scenario in medieval England where a landowner's valuable hunting dogs were seized by a neighboring baron, who claimed the dogs had trespassed on his land. The landowner, believing the seizure was unlawful, would initiate a "plaint in replevin" in the local county court to recover his dogs. If the case involved complex legal questions about property boundaries, feudal rights, or the value of the animals was significant, the landowner's legal representative might have applied for a recordari facias loquelam. This writ would compel the county court to send the case records to a superior court in Westminster, ensuring the dispute was heard by judges with broader jurisdiction and expertise.

• Consider a merchant whose shipment of imported spices was seized by a local sheriff, alleging unpaid tolls or taxes. The merchant disputes the legality of the seizure, arguing the tolls were either paid or not applicable, and files a replevin action in the county court to reclaim the goods. If the merchant's legal counsel believed the local court might be biased, or that the case presented novel legal arguments concerning trade law that required the attention of a more authoritative judicial body, they could have petitioned for a recordari facias loquelam. This would move the entire proceeding to a superior court, where the legal complexities could be addressed more thoroughly.