PRIST

4 definitions found across Law Mind sources

PRISTAuthored
The Law Mind • 614 words
Definition
A Law French term meaning "ready." In the era of oral pleading, prist was the formal word by which a party tendered or joined issue. When a pleader stated a position and concluded with prist, the word signaled that the party was prepared to stand on the issue raised and submit it for determination. The term appeared in set formulaic phrases, such as ne unques seisi, prist ("never seised, ready") or nostre baron morust seisi, prist ("our husband died seised, ready"), which were verbal conventions completing the issue on the record.
Common Language
Modern common usage (Wiktionary): No entry. The term has no current common English meaning. Historical common usage (Webster's 1913): No entry. "Prist" did not exist as an English word outside legal usage. Editorial note: This is pure Law French legal jargon with no common English counterpart. The COMMON LANGUAGE section does not apply.
Why It Matters in Research
Prist appears almost exclusively in Year Book materials and early common law pleading records from the thirteenth through sixteenth centuries. Researchers encountering it in primary sources should understand it as a marker of issue-joinder, not as a substantive legal concept in its own right. Its presence in a Year Book entry or plea roll typically signals that the pleading stage is closing and the parties have locked in the issue to be tried. The term is practically invisible in post-oral-pleading sources. Once written pleading became standard and the formulaic oral exchanges of the common law courts fell away, prist disappeared from practice. Researchers working in pre-modern English records — particularly Year Books from the reign of Edward III and earlier — will encounter it regularly. Those working in any later period almost certainly will not. The formulaic phrases preserved in Burrill are the most useful navigational tool. Seeing prist at the end of a plea-roll formula is a reliable indicator that the excerpt comes from oral pleading practice. If a researcher finds the term in a later source, it is almost certainly a quotation from or commentary on earlier practice, not live usage.
Historical Dictionary Support
Burrill's Law Dictionary provides the most substantive treatment, preserving several Year Book examples with parallel English translations that make the term's function clear in context. The examples drawn from Hilary and Paschal terms of 6 Edward III show prist operating in both common and several right disputes, as well as in seisen-based issue formulae. Black's Law Dictionary offers a brief but accurate definition, confirming the meaning as "ready" and the function as expressing a tender or joinder of issue. Its entry is minimal, which accurately reflects the term's narrow scope. Rapalje & Lawrence's entry supplied in the source material does not address prist at all; the text provided concerns towage in admiralty law and appears to be a misfiled or erroneous source fragment. No synthesis from Rapalje & Lawrence can be drawn for this term. All three historical dictionaries that do address the term agree on the core meaning. There is no meaningful divergence. The term's historical trajectory is one of obsolescence rather than evolution — it did not change meaning, it simply ceased to be used as the procedural context that generated it disappeared.
Jurisdictional Note
Prist is a term of English common law pleading with no parallel development in civil law or equity jurisdictions. It has no meaningful American doctrinal history, having become obsolete before the colonial period generated substantial procedural literature.
Related Terms
Issue — Joinder of Issue — Tender of Issue — Oral Pleading — Law French — Year Books — Pleading — Mise — Prout Patet Per Recordum
PRISTmain
Black's Law Dictionary • 1891
L. Fr. Ready. In the old forms of oral pleading, this term expressed a tender or joinder of issue. and their families, are called "private," as opposed to chapels of ease, which are built for the accommodation of particular districts within a parish, in ease of the original parish church. 2 Steph. Comm. 745.
PRISTmain
Rapalje & Lawrence • 1883
TOWAGE.-In admiralty law, a towage service is where one vessel is employed to expedite the voyage of another, when nothing more is required than to accelerate her progress, (The Princess Alice, 3 W. Rob. Adm. 140; cited Wms. & B. Adm. Pr. 151, n. (a),) as opposed to a salvage service, which implies danger or loss. (See SALVAGE.) A towage service gives a right to remuneration; but although in many cases where salvage has been claimed the court has decreed towage remuneration only, there are comparatively few cases in which suits have been instituted for mere towage. (Wms. & B. Adm. Pr. 152.) Claims for towage remuneration are generally enforced in courts having admiralty jurisdiction. See ADMIRALTY; ACTION, & 12 et seq. TOWAGE, (distinguished from "salvage"). 2 Low. (U. S.) 501. TOWAGE SERVICE, (defined). Abb. (U. S.) Adm. 222, 228. TOWARDS, (in a contract for the discharge of a debt). 5 Cranch (U. S.) 262, 277. TOWARDS THE SUPPORT, (in a will). 5 Pick. (Mass.) 476.
PRISTmain
Burrill's Law Dictionary • 1870
L. Fr. Ready. A formal word used in the days of oral pleading, to express a tender of or joinder in issue. Sa comen, prist, &c. Son several, prist, &c. Her common, ready, &c. His several, ready, &c. Yearb. H. 6 Edw. III. 10. Ne unques seisi, prist, &c. Seisi, prist, &c. Never seised, ready, &c. Seised, ready, &c. P. 6 Edw. III. 68. nostre baron morust seisi, Prist, &c. Ald. Vostre baron ne morust point seisi, Prist, &c. Ash. Quod sic. Prist, &c. For our husband died seised; Ready, &c. Ald. Your husband did not die seised; Ready, &c. Ash. It was so; Ready, &c. P. 8 Edw. III. 4. Car

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