A latitat is a legal device, namely a

writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...

, that is "based upon the presumption that the person summoned was hiding", see Blackstone. The word "latitat" is

Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...

for "he lurks"." derives its name from a supposition that the defendant lurks and lies hid, and cannot be found in the county of Middlesex (in which the said court is holden) to be taken there, but is gone into some other county, and therefore requiring the sheriff to apprehend him in such other county." Fitz. N. B. 78. In

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...

, the writ is essentially a summons out of the

civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...

, and in those days,

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

-only court, King's Bench. It is now defunct, but examples still exist from 1579 and 1791. One example from the 16th century was a writ presented to the Star Chamber, a powerful court operating outside the normal system of law. In that example, the Court of King's Bench had issued a writ of latitat directing the King's Sheriff to arrest the named person and present them before the court at a specified time and place. The matter had come before the Star Chamber because the arrest had been resisted and the Under-Sheriff (a

Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...

official) assaulted and a writ of

subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...

was now requested. The writ may have arisen in 1566 because at that time there was a "Bill for Latitat for Vexation out of the King's Bench" before

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

and there was another in 1802. The current practice would be for the issue of a subpoena. If the person concerned failed to appear, the

High Court of England and Wales The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...

has the power to issue a

Bench Warrant An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property. Canada Arrest warrants are issued by a ju ...

, i.e. a warrant for the arrest of the person concerned, who may then be subject to arrest under that aegis of the Tipstaff and presentation before the court for contempt of court.

References

External links

Website with text of a Writ of Latitat described above: * http://www.glenister.org/items/glenstar.asp Writs Common law Legal history of England {{law-stub