Legal Definitions - writ of latitat

A writ of latitat was a historical legal document, specifically a type of court order, used in England, primarily by the Court of King's Bench. The term "latitat" comes from Latin, meaning "he lurks" or "he lies hid." This writ was issued when a plaintiff (the person bringing the lawsuit) alleged that the defendant (the person being sued) was hiding or evading service of process in a county other than Middlesex, where the King's Bench was typically located.

Its primary purpose was to compel the defendant to appear before the court, effectively extending the court's reach to bring individuals from other counties into its jurisdiction. While largely obsolete in modern legal systems, it illustrates an early method for ensuring defendants could not simply disappear to avoid legal action.

• Example 1: Evading Debt Collection

  Imagine a merchant in 17th-century London who is owed a significant sum for goods by a customer. When the merchant initiates a lawsuit in the King's Bench, the customer, hoping to avoid payment, quickly moves to a remote village in Essex, believing he is beyond the immediate reach of the London courts. The merchant's attorney would then apply for a writ of latitat, alleging that the debtor "lurks" in Essex. This writ would authorize an officer of the court to travel to Essex, locate the debtor, and compel him to appear before the King's Bench in London to answer the debt claim.

  This example illustrates how the writ was used to overcome geographical boundaries and ensure a defendant could not escape legal obligations by simply relocating to another county.

• Example 2: Seeking Justice for an Assault

  Consider a situation where a prominent citizen is assaulted in a London tavern. The assailant, fearing severe punishment, flees the city and takes refuge at a relative's estate in Cornwall. The victim's legal representatives would petition the King's Bench for a writ of latitat, asserting that the assailant is "lying hid" in Cornwall. This legal instrument would empower the court to send its agents to Cornwall to apprehend the assailant and bring him back to London to face charges for the assault, despite his attempt to evade justice by moving far away.

  Here, the writ demonstrates its role in ensuring that individuals accused of wrongdoing could be brought to justice, even if they attempted to evade the court's immediate jurisdiction by fleeing to a distant county.

• Example 3: Resolving a Property Dispute

  Suppose two landowners in the 18th century are embroiled in a complex dispute over a shared boundary line. One landowner, after receiving an initial summons to appear before the King's Bench, attempts to delay or derail the proceedings by temporarily moving his residence just outside Middlesex, perhaps to a property in Hertfordshire, and claiming he cannot be found. His opponent's attorney, suspecting this tactic, would seek a writ of latitat. This writ would compel the landowner from Hertfordshire to appear before the King's Bench, ensuring the property dispute could proceed and be resolved without undue delay caused by evasion.

  This example highlights the writ's function in preventing procedural delays and ensuring that parties to a civil dispute could not simply avoid court appearances by strategically relocating just beyond the court's immediate geographical reach.