Legal Definitions - testatum

Testatum was a historical legal term referring to a type of writ, which is a formal written order issued by a court. In the English common law system, a testatum writ was used when a court in one county needed to take action against a defendant or their property located in a different county. It essentially allowed the court's authority to extend beyond its immediate geographical jurisdiction to enforce a judgment or compel an action in another county.

Here are some examples illustrating how a testatum writ would have been used:

• Example 1: Enforcing a Debt Judgment Across Counties
  Imagine a merchant in Bristol (County A) successfully sued a debtor for unpaid goods and obtained a judgment. However, the debtor, upon losing the case, moved all their valuable assets and themselves to Cornwall (County B) to avoid payment. The Bristol court's initial writ to seize assets would only be valid within Bristol.

  Explanation: To enforce the judgment, the Bristol court would issue a testatum writ directed to the Sheriff of Cornwall. This writ would authorize the Cornwall Sheriff to locate the debtor or their property within Cornwall and seize assets to satisfy the debt, effectively extending the Bristol court's enforcement power across county lines.

• Example 2: Compelling Appearance of an Absent Defendant
  A person was sued for damages in a civil case in Kent (County A), but after the initial legal process began, they absconded to Sussex (County B) to avoid appearing in court or facing the consequences of the lawsuit.

  Explanation: The court in Kent could issue a testatum writ to the Sheriff of Sussex. This writ would instruct the Sussex Sheriff to locate and compel the defendant to appear in the Kent court, ensuring that the legal process could continue despite the defendant's attempt to evade it by moving to another county.

• Example 3: Seizing Property for a Judgment in a Different County
  A landlord in Yorkshire (County A) won a judgment against a tenant for unpaid rent and damages to a property. The tenant, however, only owned significant personal property, such as valuable farm equipment, located on a different farm they leased in Lincolnshire (County B).

  Explanation: To collect on the judgment, the Yorkshire court would issue a testatum writ to the Sheriff of Lincolnshire. This writ would empower the Lincolnshire Sheriff to seize the tenant's farm equipment within Lincolnshire, allowing it to be sold to satisfy the judgment obtained in Yorkshire, even though the assets were situated in a different county.