Legal Definitions - writ of privilege

A writ of privilege was a historical legal order issued by a court to protect or enforce a special right or immunity held by an individual. Most commonly, it was used to secure the release of a person who had been arrested in a civil lawsuit, despite being legally immune from such an arrest due to their status or role.

• Example 1: Parliamentary Immunity

  Imagine a Member of Parliament (MP) in 17th-century England. During parliamentary sessions, MPs were historically granted a special immunity, known as parliamentary privilege, which protected them from arrest in civil cases. If such an MP were arrested for an unpaid debt – a civil matter – while Parliament was sitting, they or their legal representative could petition the court for a writ of privilege. This writ would be issued to acknowledge and enforce their parliamentary immunity, compelling the authorities to release them immediately so they could return to their legislative duties.

• Example 2: Royal Official's Protection

  Consider a high-ranking royal treasurer in 16th-century England, whose continuous service was vital to the crown's finances. Such an official might have been granted specific personal privileges, including immunity from arrest for minor civil disputes, to ensure their work was not disrupted. If this treasurer were arrested by a local sheriff over a private land boundary dispute – a civil matter – a writ of privilege could be sought. This writ would serve as a formal court order recognizing and upholding the treasurer's special immunity, leading to their release and allowing them to continue their essential service to the monarch.

• Example 3: University Scholar's Exemption

  In certain medieval university towns, scholars and university officials often held unique local privileges granted by royal charter, which sometimes included immunity from arrest by town authorities for specific civil matters. For instance, if a prominent university professor in medieval Oxford was arrested by the town bailiff for a minor breach of contract related to a book purchase – a civil dispute – the university, on the professor's behalf, could apply for a writ of privilege. This writ would assert the professor's special immunity under the university's charter, compelling the town authorities to release him and respect the academic institution's granted rights.