Non procedendo ad assisam rege inconsulto is a Latin legal term that describes a writ utilised to halt a trial involving an individual in the service of the king or a comparable position, when the king has not been consulted. In simpler terms, it signifies that if a person employed by the king is being prosecuted, the trial cannot continue without the king’s consent or consultation.
Non procedendo ad assisam rege inconsulto is a Latin term that describes a legal writ used to halt the trial of a case in which the king has not been consulted. This writ is employed in situations involving individuals who are either in the service of the king or have a close relationship with him. An instance of non procedendo ad assisam rege inconsulto occurs when a case involving a member of the royal family is being tried without the king’s knowledge or consent. In such a scenario, the writ can be utilised to suspend the trial until the king has been consulted. Another example is when a case involves a high-ranking official in the king’s court or government. In this case, the writ can be employed to ensure that the king is informed about the case and has given his consent for it to proceed. These examples demonstrate how the writ of non procedendo ad assisam rege inconsulto was employed to safeguard the interests of the king and his close associates. By requiring consultation with the king before proceeding with a case involving one of his own, the writ ensured that the king’s authority was respected and that justice was served in accordance with the king’s desires.
“Non Procedendo Ad Assisam Rege Inconsulto” is a Latin phrase that translates to “Not proceeding to the assize without the king being consulted.” It refers to a legal principle that requires the king’s consent before proceeding with certain legal actions.
This principle originated in medieval England and was used to ensure that the king’s interests were protected in legal matters. It emphasized the importance of the king’s involvement and consent in certain legal proceedings.
While this principle may not have direct application in modern legal systems, it highlights the historical development of legal principles and the importance of obtaining proper authorization or consent in legal proceedings.
The exceptions to this requirement would depend on the specific legal system and its historical context. However, in general, there may be situations where the king’s consent is not required, such as in urgent matters or when the king has delegated his authority to another entity.
This principle is relevant to constitutional law as it highlights the historical development of legal principles and the role of the monarch or sovereign in the legal system. It may also serve as a reminder of the importance of checks and balances in modern constitutional frameworks.
Given its historical context, it is unlikely that “Non Procedendo Ad Assisam Rege Inconsulto” would be directly invoked in contemporary legal cases. However, it may be referenced in legal scholarship or historical analysis to understand the evolution of legal principles.
“Non Procedendo Ad Assisam Rege Inconsulto” can be seen as an example of the separation of powers, as it emphasizes the need for the king’s involvement in certain legal proceedings. It highlights the role of the executive branch (represented by the king) in the legal system.
While not directly similar, modern legal principles such as the requirement for executive approval or consent in certain legal actions can be seen as analogous to “Non Procedendo Ad Assisam Rege Inconsulto.” These principles aim to ensure proper authorization and accountability in legal proceedings.
“Non Procedendo Ad Assisam Rege Inconsulto” does not directly relate to due process, which primarily focuses on fair treatment and procedural rights for individuals involved in legal proceedings. However, it does highlight the importance of obtaining proper authorization or consent, which can be seen as a procedural safeguard.
While “Non Procedendo Ad Assisam Rege Inconsulto” may not have direct relevance in modern legal systems, it serves as a historical reminder of the evolution of legal principles and the importance of obtaining proper authorization or consent in legal proceedings.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/non-procedendo-ad-assisam-rege-inconsulto/
- Modern Language Association (MLA):Non Procedendo Ad Assisam Rege Inconsulto. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/non-procedendo-ad-assisam-rege-inconsulto/.
- Chicago Manual of Style (CMS):Non Procedendo Ad Assisam Rege Inconsulto. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/non-procedendo-ad-assisam-rege-inconsulto/ (accessed: May 09 2024).
- American Psychological Association (APA):Non Procedendo Ad Assisam Rege Inconsulto. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/non-procedendo-ad-assisam-rege-inconsulto/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts