ET SIC AD PATRIAM

4 definitions found across Law Mind sources

ET SIC AD PATRIAMAuthored
The Law Mind • 762 words
Definition
Latin: "And so to the country." A formulaic phrase used in medieval English legal records to indicate that an issue of fact in a pleading had been joined and submitted to a jury for determination. When pleadings reached the point where one party asserted a fact and the other denied it, the matter was said to be "put to the country" — that is, submitted to the community of jurors who would resolve the dispute. Et sic ad patriam was the scribal shorthand recording that this moment had been reached.
Common Confusion
"The country" in this phrase has nothing to do with the nation-state or rural geography. It derives from the Latin patria in the sense of one's local community or neighborhood — the pool of jurors drawn from the vicinity who were presumed to have local knowledge of the facts in dispute. Researchers encountering the phrase in Year Book entries should not read "country" in any modern geographic sense. It is procedural, not territorial.
Why It Matters in Research
This phrase is a procedural marker, not a substantive legal term. Its significance to researchers is almost entirely diagnostic: when you see et sic ad patriam in a Year Book entry or early common law pleading record, it tells you the case has moved from the pleading stage to the trial stage — specifically, that a triable issue of fact has been joined and a jury will be empaneled. Several practical points for corpus researchers: First, the phrase is nearly always abbreviated or embedded mid-record without explanation. Burrill's provides a representative example of how the phrase appears in context — following the notation of each party's position and the counter-assertion — before the scribal record closes with et sic ad patriam. Researchers working with Year Book transcriptions or early plea rolls should treat the phrase as a structural signal within the document, analogous to a modern docket entry reading "issue joined; jury trial set." Second, this phrase belongs to a family of Latin formulae used to track the procedural posture of pleadings in the old common law system. Understanding it requires some familiarity with the mechanics of common law pleading — particularly the concept of "going to the country" (ponere se super patriam), where a defendant placed himself upon the jury. Et sic ad patriam is the record's acknowledgment that both parties have effectively done so. Third, because the phrase appears almost exclusively in Year Books and early plea rolls, researchers will not find it in modern case law. Its relevance is historical. Any appearance of the phrase in a secondary source or treatise citing it without a Year Book context should be read with caution.
Historical Dictionary Support
All three source dictionaries agree precisely: the phrase means "and so to the country" and functions as a recording formula in the Year Books marking the submission of an issue to the jury. There is no divergence among the sources on meaning or function. Burrill's is the most instructive of the three, providing a partial transcription of an actual Year Book entry that shows the phrase in its natural habitat. The entry — "Il ne dona pas, prist, &c. et alii è contra; et sic ad patriam. M. 3 Edw." — illustrates the terse, formulaic character of Year Book recording. The phrase comes at the close of a pleading exchange, after each side has stated its position, functioning as the scribe's efficient notation that the matter has been sent to jury. Black's (both editions) treats the phrase briefly and identically, which is appropriate given its narrow function. No historical dictionary in the corpus attempts to connect the phrase to broader procedural history or to the jury trial system, which leaves room for researchers to pursue that context in encyclopedic sources. What the historical dictionaries collectively miss: none addresses the relationship between this phrase and the formal act of ponere se super patriam, nor do they explain why jury trial was referred to as "the country" — a gap that matters for researchers trying to understand the conceptual framework, not just the scribal convention.
Encyclopedia Cross-Reference
Researchers seeking broader context should consult the Law Mind Encyclopedia entries on Trial by Jury (historical development), Common Law Pleading, and Year Books.
Related Terms
Ad patriam — Ponere se super patriam (to put oneself upon the country) — Issue (pleading) — Trial by jury — Year Books — Common law pleading — Issue to the country — Mise sur le pays
ET SIC AD PATRIAMmain
Black's Law Dictionary • 1891
And so to the country. A phrase used in the Year Books, to record an issue to the country.
ET SIC AD PATRIAMmain
Burrill's Law Dictionary • 1867
L. Lat. And so to the country. A common phrase in the Year Books, in recording an issue to the country. Il ne dona pas, prist, &c. et alii è contra; et sic ad patriam. M. 3 Edw.
ET SIC AD PATRIAMmain
Black's Law Dictionary (2nd Ed.) • 1910
And so to the country. A phrase used in the Year Books, to record an issue to the country.

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