FORESAID

6 definitions found across Law Mind sources

FORESAIDAuthored
The Law Mind • 626 words
Definition
A term used in legal documents, particularly in Scots law, meaning "mentioned before" or "aforesaid." When a person, place, or thing has already been named or described in a document, subsequent references to it may use "foresaid" to indicate that the reference is to the party, item, or place already identified. The term functions as a shorthand device of drafting precision, confirming that the referent is not new but was previously established in the instrument. Variant forms include "foresaids" (plural) and the archaic Scots spelling "forsaidis."
Common Language
Modern common usage (Wiktionary): Aforesaid; aforementioned. Historical common usage (Webster's 1913): Mentioned before; aforesaid. The common and legal meanings are essentially identical in sense. The significance for legal researchers is not a gap in meaning but in register and geography: "foresaid" is a term of legal drafting art, concentrated almost exclusively in Scottish legal instruments and proceedings, where it carried technical precision rather than serving as a mere stylistic synonym for "aforesaid" in general English prose.
Why It Matters in Research
Researchers encountering "foresaid" in primary sources should treat it as a signal of Scots law provenance or influence. The term appears frequently in Scottish criminal trial records, conveyances, and formal instruments where repeated reference to previously identified parties or subjects was required. Because Scottish legal drafting style differed from English practice, documents using "foresaid" may follow conventions of Scots private law that do not map neatly onto English common law equivalents. The plural form "foresaids" is particularly characteristic: where an English instrument might write "the said parties" or simply repeat the names, a Scottish instrument might consolidate multiple prior references under "the foresaids," requiring the reader to track back through the document to identify every referent. Failure to do so can cause misattribution of rights, obligations, or criminal acts in historical records. Researchers working with digitized historical trial records — including the State Trials series cited in Bouvier — should be alert to the term's appearance as a marker of documentary structure. The presence of "forsaidis" (the older spelling) narrows the date range further, pointing toward pre-eighteenth-century Scots instruments. "Foresaid" is also a reminder that Law Mind's corpus includes materials drawn from multiple legal systems operating simultaneously within the British Isles. A term appearing unremarkable to a reader accustomed to English legal prose may carry distinct technical weight when encountered in its native Scottish context.
Historical Dictionary Support
Bouvier's Law Dictionary correctly identifies "foresaid" as a Scots law term meaning "aforesaid" and provides useful variant forms: "foresaids" in the plural (citing 2 How. St. Tr. 715) and the older spelling "forsaidis" (citing 1 Pite. Cr. Tr. pt. 1, 107). This is the most informative treatment available among the standard historical dictionaries. Black's Law Dictionary does not provide a dedicated entry for "foresaid" as a substantive term. The portion of Black's reproduced in source material relates to "foreign" terminology and is not relevant to this entry — the absence of a Black's treatment reflects the term's essentially Scots character and its limited circulation in American or English legal writing. Neither dictionary addresses the structural role "foresaid" plays in Scots conveyancing and criminal procedure as a cross-referencing device. That function is best understood by consulting the primary instruments in which it appears rather than relying on dictionary treatment alone.
Jurisdictional Note
"Foresaid" is characteristic of Scottish legal drafting and is rarely encountered in English common law or American legal instruments. Researchers focused on English or American materials who encounter the term are likely working with a document of Scottish origin or one drafted by a Scots-trained practitioner.
Related Terms
Aforesaid — Aforementioned — Said (as used in legal instruments) — Scots law — Instrument — Conveyance — Reference by incorporation
FORESAIDmain
Black's Law Dictionary • 1891
an inhabitant of that city. According to lat- er usage, it denotes a person who is not a citizen or subject of the state or country of which mention is made, or any one owing Matter triable or done in another county. allegiance to a foreign state or sovereign. Cowell. FOREIGN MINISTER. An ambassa- dor, minister, or envoy from a foreign gov- ernment. FOREIGN OFFICE. The department of state through which the English sovereign communicates with foreign powers. A sec- retary of state is at its head. Till the middle of the last century, the functions of a secre- tary of state as to foreign and home questions were not disunited. FOREIGN PLEA. A plea objecting to the jurisdiction of a judge, on the ground that he had not cognizance of the subject- matter of the suit. Cowell. FOREIGN PORT. A port exclusively within the sovereignty of a foreign nation. A foreign port or place is a port or place without the United States. 19 Johns. 375. FOREIGN SERVICE, in feudal law, was that whereby a mesne lord held of an- other, without the compass of his own fee, or that which the tenant performed either to his own lord or to the lord paramount out of the fee. (Kitch. 299.) Foreign service seems also to be used for knight's service, or escuage uncertain. (Perk. 650.) Jacob. FOREIGN STATE. A foreign country or nation. The several United States are considered "foreign" to each other except as regards their relations as common members of the Union. FOREIGN VESSEL. A vessel owned by residents in, or sailing under the flag of, a foreign nation. "Foreign vessel," under the embargo act of Jan- uary, 1808, means a vessel under the flag of a for- eign power, and not a vessel in which foreigners domiciled in the United States have an interest. 1 Gall. 58. FOREIGN VOYAGE. A voyage to some port or place within the territory of a foreign nation. The terminus of a voyage determines its character. If it be within the limits of a foreign jurisdiction, it is a foreign voyage, and not otherwise. 1 Story, 1. See 8 Kent, Comm. 177, note; 1 Gall. 55.
FORESAIDmain
Bouvier's Law Dictionary • 1928
In Scotch Law. Afore- said. Sometimes foresaids, in the plural; 2 How. St. Tr. 715; and also in the form for- saidis; 1 Pite. Cr. Tr. pt. 1, 107.
FORESAIDa.
Websters Unabridged Dictionary (1913) • 1913
Mentioned before; aforesaid.
foresaidadj
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
Aforesaid; aforementioned.
foresaidverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
simple past and past participle of foresay.

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