Definition
De judicio sisti is a Latin phrase meaning "for appearing in court." In Scots law and admiralty law, it refers to a form of bail — specifically a surety or security given to guarantee that a defendant will appear before the court at the required time. The bail de judicio sisti is distinct from bail given to satisfy a potential judgment; its function is procedural, ensuring presence rather than guaranteeing payment.
Common Confusion
De judicio sisti is regularly encountered alongside de judicatum solvi, and the two must be distinguished. De judicio sisti secures only the defendant's appearance — it is procedural bail. De judicatum solvi secures performance of any judgment ultimately rendered — it is substantive bail going to the outcome of the proceeding. In admiralty practice, full bail commonly required both undertakings. Treating either term as equivalent to the other misreads the scope of the security given.
Why It Matters in Research
This term surfaces primarily in admiralty practice materials and Scots law sources, not in common law treatises. Researchers working in historical admiralty records — particularly materials from ecclesiastical and admiralty courts — may encounter this phrase in procedural contexts involving the arrest of persons or vessels and the conditions under which release was granted pending hearing.
The key navigational point: de judicio sisti describes only one half of the bail obligation recognized in admiralty practice. The other half — bail to satisfy any judgment that might be rendered — is captured by the companion phrase de judicatum solvi. These two concepts together constituted the complete bail undertaking in admiralty proceedings, and historical sources frequently distinguish between them. Researchers reading historical admiralty pleadings or procedural records should be alert to which form of bail is being referenced, as conflating the two distorts the picture of what a party had actually secured.
In Scots law, the phrase reflects the civil law foundation of Scottish procedure, which drew more directly on Roman and canon law traditions than did English common law. This matters for researchers navigating Scottish court records from the early modern period, where Latin procedural terminology derived from civilian sources rather than the English writ system.
Burrill's entry provides the most useful bibliographic anchor, citing Clerke's Praxis Curiae Admiralitatis (Prax. Cur. Adm., tit. 11), a recognized treatise on admiralty court practice. Researchers tracing the procedural rules governing bail in historical admiralty proceedings should consult Clerke as a primary reference.
Historical Dictionary Support
All three source dictionaries — Black's (1st ed.), Black's (2nd ed.), and Burrill's — are in close agreement. Each defines the term as "for appearing in court" and identifies its application in Scots and admiralty law as bail for a defendant's appearance. The definitions are functionally identical, with Burrill's adding the citation to Clerke's Praxis that the Black's entries omit.
None of the historical dictionaries elaborate on the procedural mechanics by which this bail was given, the form of the surety, or the consequences of default. They treat the term as a label for a recognized concept rather than explaining the underlying practice. Researchers should not rely on these entries alone for a complete understanding of how bail de judicio sisti operated in practice; the Clerke treatise and broader admiralty practice literature are necessary supplements.
The consistent pairing with admiralty and Scots law — and the absence of the term from purely English common law sources — confirms that this is a civilian-derived procedural concept that did not migrate into the common law bail framework.
Jurisdictional Note
The term is specific to Scots law and historical admiralty law practice. It does not appear in English common law bail doctrine and has no operative meaning in modern American or English civil procedure, where it has been superseded by contemporary bail and security frameworks.