Editing Latitat

A '''{{lang|la|latitat}}''' is a legal device, namely a [[writ]], that is "based upon the presumption that the person summoned was hiding" (see [[William Blackstone|Blackstone]].) The word "{{lang|la|latitat}}" is [[Latin]] for "he lurks".<ref>" [I]t 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.</ref>

In [[England]], the writ is essentially a summons out of the [[Civil courts of England and Wales|civil]], and in those days,{{When|date=March 2022}} [[common law]]-only court, [[Court of King's Bench (England)|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 [[Sheriff|Under-Sheriff]] (a [[The Crown|Crown]] official) assaulted and a writ of [[subpoena]] 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 of England|Parliament]] 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 Justice|High Court of England and Wales]] has the power to issue a [[bench warrant]], i.e. a [[warrant (law)|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==
{{Reflist}}

==External links==
Website with text of a Writ of Latitat described above:
* http://www.glenister.org/items/glenstar.asp

[[Category:Writs]]
[[Category:Common law]]
[[Category:Legal history of England]]

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