COMINUS

3 definitions found across Law Mind sources

COMINUSAuthored
The Law Mind • 617 words
Definition
A Latin adverb used in historical legal texts meaning immediately, hand-to-hand, or in direct personal contact. The term describes physical proximity or direct engagement between parties — most commonly in the context of combat, service, or physical acts — as distinguished from action at a distance or through intermediaries.
Common Language
No common English counterpart exists for this term. It is Latin legal vocabulary that does not survive in ordinary modern usage and has no Wiktionary or Webster's 1913 entry in English. Researchers encountering it should treat it as a technical Latin descriptor requiring translation in context.
Why It Matters in Research
COMINUS appears almost exclusively in medieval and early modern legal sources — Latin plea rolls, Year Books, and treatises on the law of arms and combat — where precision about physical proximity carried legal weight. In the law of personal combat and trial by battle, the distinction between fighting cominus (hand-to-hand) and eminus (at a distance, as with projectiles) could determine the legality of the encounter and the weapons permitted. Researchers working with Anglo-Norman or early common law materials should note: The term rarely appears in isolation. Look for its pairing or contrast with EMINUS, its antonym, which specifies action at a distance. The two terms function as a binary that structures arguments about directness of force or service. In property and tenure contexts, cominus occasionally surfaces in descriptions of personal service obligations, distinguishing services rendered in the lord's direct presence from those performed remotely. Because COMINUS has no modern legal English successor, it will not appear in post-seventeenth-century reported cases except in quotation from older sources. Corpus searches should focus on Latin records and early printed treatises rather than modern case reporters. Researchers using digitized Latin plea rolls should note that the term may be abbreviated or variantly spelled (cominus, comunis confusion in transcription is possible given manuscript hands). Verify context carefully before interpreting.
Historical Dictionary Support
Both editions of Black's Law Dictionary consulted give identical, minimal treatment: "Lat. Immediately; hand-to-hand; in personal contact." Neither edition elaborates on legal context, provides examples, or distinguishes the term's uses across substantive areas. This brevity reflects the term's status as a Latin gloss rather than a freestanding legal concept requiring sustained doctrinal explanation. The historical dictionaries agree completely, which suggests the core meaning was uncontested. What they omit, however, is the term's functional role as the counterpart to EMINUS — an omission that could mislead a researcher who encounters it in a source where the contrast between the two terms is doing the analytical work. Neither edition cross-references EMINUS, and neither identifies the law of arms or trial by battle as the primary arena in which the distinction mattered. No other major historical legal dictionaries in the Law Mind corpus (Bouvier, Tomlin's, Jacob's) are represented in the source material provided. Researchers should consult those sources directly for any additional nuance, particularly Bouvier's Law Dictionary, which is more likely to include supporting context for Latin terms drawn from feudal and martial law.
Jurisdictional Note
COMINUS is a term of Latin legal vocabulary common to the shared medieval heritage of English, Scottish, and Continental European law. It carries no jurisdiction-specific modern meaning and is not a term of art in any current common law or civil law system.
Related Terms
EMINUS — the antonym; action at a distanceas opposed to hand-to-hand TRIAL BY BATTLE — the procedural context in which cominus/eminus distinctions most commonly arose IN PROPRIA PERSONA — related concept of personaldirect legal presence FORCE — parent concept in contexts involving direct physical contact MANU FORTI — related Latin term describing forcible action by hand
COMINUSmain
Black's Law Dictionary • 1891
Lat. Immediately; hand- to-hand; in personal contact.
COMINUSmain
Black's Law Dictionary (2nd Ed.) • 1910
Lat. Immediately; hand-tohand; in personal contact. -

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