Legal Definitions - transgressione, ad audiendum et terminandum

The Latin phrase transgressione, ad audiendum et terminandum translates to "a transgression, for hearing and determining." In historical English law, this term referred to a specific type of royal commission or writ. It was an official document issued by the Crown that empowered designated individuals, typically justices or commissioners, to investigate, hear evidence, and make final judgments on cases involving "transgressions." These transgressions encompassed various forms of wrongdoing, trespasses, or violations of the law, granting the appointed officials the authority to fully resolve these particular legal matters.

• Example 1: Resolving Property Disputes

  Imagine in 15th-century England, a particular manor experienced frequent disputes where villagers accused their neighbors of repeatedly allowing their cattle to stray onto their cultivated fields, causing damage to crops. To address these widespread "transgressions" (trespasses against property), the King might issue a commission of transgressione, ad audiendum et terminandum to a group of local gentry or legal scholars. This commission would grant them the specific authority to gather evidence, hear testimony from the affected parties, and then make final judgments to resolve these property disputes, including imposing fines or ordering restitution.

• Example 2: Addressing Local Disturbances

  Consider a scenario where a bustling market town in medieval times faced an increase in minor public disturbances, petty assaults, and small-scale thefts, overwhelming the existing local courts. To restore order and efficiently handle these numerous "transgressions" against the peace, a higher authority, such as a royal court, could issue a writ of transgressione, ad audiendum et terminandum. This would empower a special panel of justices to specifically address and resolve these accumulated offenses. Their mandate would be to efficiently hear these cases and determine appropriate punishments or resolutions, thereby upholding the law and ensuring public safety in that locality.

• Example 3: Enforcing Royal Decrees

  Suppose a royal decree had been issued to regulate the quality and pricing of bread sold in a specific city, aiming to prevent exploitation and ensure fair trade. However, reports indicated that several bakers were consistently violating these new regulations by selling underweight loaves or charging exorbitant prices. To enforce the decree and address these specific "transgressions" against royal authority and public welfare, a commission of transgressione, ad audiendum et terminandum might be issued. This would grant a designated body the power to investigate the bakers' practices, hear evidence of their non-compliance, and then determine the appropriate penalties or remedies to ensure adherence to the royal regulations and protect consumers.