MISSTAICUS

4 definitions found across Law Mind sources

MISSTAICUSAuthored
The Law Mind • 522 words
Definition
An archaic Latin term appearing in old English legal records meaning a messenger. The term designated an individual who carried communications, writs, or official messages — a function that carried procedural and sometimes legal significance in medieval administration and court proceedings.
Why It Matters in Research
Researchers are most likely to encounter MISSTAICUS in transcriptions of medieval English court rolls, manor records, or ecclesiastical documents. The term is a marker of document age: its appearance almost certainly places a source in the pre-modern period, likely before the seventeenth century, when Latin record-keeping was standard in English legal and administrative practice. The principal research trap is the editorial note embedded in Black's Law Dictionary (1st Ed.), which appends a definition of "mutual mistake" to this entry — a substantive doctrine of contract law entirely unrelated to the term being defined. That interpolation appears to be a typographical or editorial artifact of the original publication. Researchers encountering this passage should treat the mutual mistake material as misplaced and not treat MISSTAICUS as having any doctrinal connection to the law of mistake. Black's 2nd Ed. and Bouvier correctly confine the entry to its actual meaning. Because MISSTAICUS is a purely descriptive role-term with no doctrinal weight of its own, it will not appear in case law indices, digests, or statutory compilations. Searches should be directed toward primary manuscript sources, Latin glossaries, and diplomatic or paleographic reference tools if the precise context of a specific occurrence needs to be resolved.
Historical Dictionary Support
All three shelf sources agree on the core definition: MISSTAICUS means a messenger in old records. Black's 2nd Ed. and Bouvier's entry are brief and consistent, offering no elaboration beyond that single sentence. Black's 1st Ed. presents the same core definition but is followed immediately by text defining mutual mistake — almost certainly a compositor or editorial error causing two entries to run together on the page. Researchers relying on digital transcriptions of Black's 1st Ed. should be aware of this artifact and should not read the mutual mistake language as part of the MISSTAICUS entry. None of the historical dictionaries provide examples of the term in situ, cite specific records where it appears, or offer any procedural context explaining what legal consequences, if any, attached to the role of MISSTAICUS in particular proceedings. The entry in all sources functions as a bare gloss rather than a substantive legal definition, which accurately reflects the term's nature: it is a descriptor of a role, not a term of legal art with doctrine attached to it.
Jurisdictional Note
MISSTAICUS is a term of Latin record-keeping common to English legal and ecclesiastical administration. It does not appear as a term of art in any modern common law or civil law jurisdiction. Researchers working with records from jurisdictions that used Latin administrative language — including Scotland, Ireland, and portions of continental Europe under ecclesiastical governance — may encounter it, though the specific form may vary.
Related Terms
Messenger — Nuncio — Cursitor — Apparitor — Writ — Court Roll — Latin Legal Terms
MISSTAICUSmain
Black's Law Dictionary • 1891
In old records. A mes- senger. Mutual mistake is where the parties have a common intention, but it is induced by a common or mutual mistake.
MISSTAICUSmain
Black's Law Dictionary (2nd Ed.) • 1910
In old records. A messenger.
MISSTAICUSmain
Bouvier's Law Dictionary • 1928
A messenger.

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