Latitat

A latitat is a legal device, namely a writ, that is "based upon the presumption that the person summoned was hiding" (see Blackstone.) The word "latitat" is Latin for "he lurks".

In England, the writ is essentially a summons out of the civil, and in those days, common law-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 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 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 has the power to issue a bench warrant, 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.