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Legal Definitions - supplicavit
Definition of supplicavit
A supplicavit was a historical legal writ, or formal written order, issued by higher courts in England, such as the King's Bench or Chancery. Its primary purpose was to compel an individual to provide "sureties of the peace," which meant they had to give a formal promise or bond to behave peacefully and not disturb the public order for a specific duration. This writ was often directed at local officials, like justices of the peace, who might have been reluctant or hesitant to intervene and require such a bond from an individual on their own authority. Essentially, a supplicavit served as a mandatory order from a superior court, forcing a local official to take action to prevent potential breaches of the peace.
Here are some examples illustrating how a supplicavit might have been used:
- Example 1: Persistent Neighbor Dispute
Imagine two neighbors, Mr. Davies and Ms. Evans, who have a long-standing feud. Ms. Evans has been repeatedly making verbal threats and engaging in disruptive behavior towards Mr. Davies, causing him significant distress and fear for his safety. Mr. Davies approaches the local justice of the peace, requesting that Ms. Evans be required to post a surety of the peace. However, the justice of the peace is hesitant to get involved, perhaps due to the long-standing nature of the dispute or a desire to avoid local conflict. In this scenario, Mr. Davies could petition a higher court (historically, the King's Bench or Chancery) for a supplicavit. If granted, this writ would compel the reluctant justice of the peace to issue an order requiring Ms. Evans to provide a surety, legally obligating her to maintain good behavior towards Mr. Davies for a specified period. - Example 2: Preventing Anticipated Public Disorder
Consider a situation in a small village where a particular individual, known for their volatile temper, frequently engages in public arguments and makes threats against other residents, creating a climate of unease. Despite numerous complaints, the local magistrates are hesitant to formally intervene and demand a bond for good behavior, perhaps fearing retaliation or simply being overwhelmed by the individual's influence. A concerned citizen or a group of residents could seek a supplicavit from a higher court. This writ would then be directed to the local magistrates, obliging them to take the necessary steps to require the disruptive individual to provide a surety of the peace, ensuring they refrain from further disturbances and threats. - Example 3: Threats from a Powerful Figure
Suppose a powerful local merchant was known for making veiled threats against competitors or debtors who challenged his business practices, hinting at physical harm or property damage. While no direct violence had occurred yet, the threatened individuals lived in constant fear. They approached the local justice of the peace, presenting evidence of the threats and requesting that the merchant be bound over to keep the peace. If the justice, perhaps intimidated by the merchant's wealth and influence, was unwilling to act, the affected parties could petition a superior court for a supplicavit. This writ would then mandate the justice of the peace to compel the merchant to provide a surety, legally obligating him to abstain from any actions that could breach the peace against his rivals or debtors.
Simple Definition
Supplicavit was a historical legal writ issued by the King's Bench or Chancery. Its purpose was to compel an individual to provide "sureties of the peace," which served as a guarantee of good behavior for a specified period. This writ was often directed at justices of the peace to force them to act when they were hesitant to intervene.