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Legal Definitions - writ of proclamation

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Definition of writ of proclamation

A writ of proclamation was a historical legal document, a formal written order issued by a court. It was typically issued when a person accused of a crime was deliberately avoiding arrest or refusing to appear in court after being summoned. This writ commanded the local sheriff to make several public announcements in prominent locations within the defendant's home county.

These announcements served as a final warning, informing the public and the defendant that if the individual did not surrender or appear in court by a specific deadline, they would be declared an "outlaw." Being declared an outlaw meant losing legal protection and rights, effectively placing the person outside the law's safeguarding.

Here are some examples of how a writ of proclamation might have been used:

  • A Runaway Accused of Theft: Imagine a medieval village where a person named Elara is accused of stealing grain and has fled her home, ignoring repeated summonses to appear before the local lord's court. Unable to compel her appearance through other means, the court would issue a writ of proclamation. The sheriff would then be ordered to publicly announce in the village square and at the market that Elara was required to present herself to the court. These proclamations would warn that if she failed to appear by a set date, she would be declared an outlaw, losing her legal standing and protection.
  • A Merchant Evading Debt: Consider a wealthy merchant, Master Thorne, who has accumulated significant debts and, despite court judgments against him, refuses to pay or appear in court to settle his affairs. He uses his influence and resources to evade capture. In such a scenario, a writ of proclamation could be issued. The sheriff of the county where Master Thorne resided would make public announcements in towns and at crossroads, declaring that Master Thorne was to surrender himself to the court. This would serve as a public warning that even a person of means could be declared an outlaw if they continued to defy court orders, thereby losing their property rights and legal protections.
  • A Suspected Rebel or Conspirator: During a period of political unrest, a knight, Sir Kael, is suspected of treasonous activities against the crown and has gone into hiding, refusing to answer the charges brought against him. To compel his appearance and to publicly strip him of legal protection if he continued to evade justice, a writ of proclamation would be issued. The sheriff would announce in public places across the land that Sir Kael was required to present himself to the royal authorities. If he failed to do so, he would be declared an outlaw, making it lawful for anyone to apprehend him and removing all his legal rights and protections under the king's law.

Simple Definition

Historically, a writ of proclamation was a legal order issued to a sheriff, typically alongside an exigent writ. It commanded the sheriff to publicly announce a defendant's impending outlawry three times in their county before the outlawry was officially declared.

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