Legal Definitions - soit droit fait al partie

The phrase soit droit fait al partie is a historical legal maxim originating from Law French, which translates to "Let right be done to the party." Historically, this phrase was a formal endorsement by the sovereign (such as the King or Queen) on a "petition of right." It signified the monarch's acknowledgment of a petitioner's claim for justice or the recognition of a specific right, and served as a directive for the legal system to proceed and ensure that the petitioner's grievance was properly addressed and a just outcome achieved.

In essence, it was the sovereign's command that the petitioner's case should be heard and that the appropriate legal processes should be followed to deliver justice.

• Example 1: Land Seizure Dispute

  Imagine a scenario in 17th-century England where a noble's ancestral lands were unjustly confiscated by a powerful rival through a questionable legal process. After exhausting all other avenues, the noble submits a formal "petition of right" directly to the King, detailing the injustice and requesting the return of his property. If the King, after reviewing the petition, believes there is merit to the claim and wishes for justice to prevail, he would historically endorse the petition with the phrase "soit droit fait al partie."

  This endorsement would not immediately return the land, but it would signal the King's command that the legal system (courts, royal officials) must now actively investigate the noble's claim and ensure that a just resolution is reached, potentially leading to the restitution of the property.

• Example 2: Compensation for Crown Actions

  Consider a situation in a historical kingdom where the Crown, for a significant public project like building a new fortress, acquired a citizen's private property without providing adequate compensation. The citizen, feeling wronged and impoverished by this action, submits a petition to the monarch, arguing that their fundamental right to property has been violated and seeking fair recompense. If the monarch agrees that the citizen has a legitimate grievance and deserves justice, the phrase "soit droit fait al partie" would be affixed to the petition.

  This signifies the monarch's directive to the relevant government departments or courts to assess the citizen's claim for compensation and ensure that a fair and just settlement is provided, acknowledging the citizen's right to be made whole for the loss.

• Example 3: Breach of Chartered Privileges

  In a historical context where a monarch had granted a town a specific charter outlining certain rights and privileges – for instance, the right to hold a weekly market free from royal taxes – and a later royal official attempts to revoke these established rights arbitrarily. The town's representatives could petition the monarch, citing the original charter and arguing that their long-standing privileges are being unlawfully violated. If the monarch, recognizing the validity of the charter and the town's grievance, endorses the petition with "soit droit fait al partie."

  This would serve as a royal command to uphold the terms of the original charter and to ensure that the town's established rights are respected, effectively overturning the official's arbitrary action and restoring the town's privileges as originally granted.