Definition
A Latin abbreviation used in legal writing as a signaling word, most commonly appearing in two distinct constructions: *sed quaere* ("but examine" or "but inquire") and *sed vide* ("but see"). Both phrases signal that the reader should consult a contrary or qualifying authority — an implicit flag that the rule or principle just stated may be disputed, limited, or superseded.
1. Sed quaere: Inserted after a statement of doctrine to indicate that the proposition is doubtful, contested, or open to question. Equivalent to a modern "but cf." or "but see contra." Historically used by compilers, annotators, and treatise writers to flag uncertainty without committing to a definitive resolution.
2. Sed vide: "But see." Directs the reader to a specific authority that supports a contrary or limiting position. A more pointed signal than *sed quaere*, typically followed by a direct citation.
As a standalone abbreviation, *sed* may also appear in other Latin phrases in legal texts wherever the adversative "but" is intended.
Common Language
Modern common usage (Wiktionary): In modern computing and technical contexts, "sed" refers to a stream editor — a noninteractive Unix utility for making systematic text substitutions in batch processing.
Historical common usage (Webster's 1913): No independent entry; "sed" would be recognized only as a Latin preposition or conjunction meaning "but."
The computing usage is entirely unrelated to the legal abbreviation. Researchers encountering "sed" in historical legal texts, annotations, or digests should recognize it as a Latin signaling word, not a technical or English term.
Common Confusion
*Sed quaere* is sometimes misread as a citation error or incomplete note rather than a deliberate editorial signal. It is not a reference to a specific case — it is an invitation to doubt. Researchers who skip past *sed quaere* without following up may miss the annotator's indication that the rule stated has been questioned or contradicted elsewhere in the literature.
Why It Matters in Research
These phrases appear frequently in older English and American digests, treatises, and annotated reports, particularly through the nineteenth century. When a compiler uses *sed quaere*, they are embedding a research lead: something in the surrounding literature challenged the proposition being stated, even if the compiler did not spell out what. Ignoring the signal can mean accepting a rule the original writer doubted.
In the Law Mind corpus, *sed quaere* and *sed vide* appear most often in annotations to case summaries and in treatise footnotes. Their presence is a reliable indicator that the doctrine in question was unsettled at the time of writing. Because modern Westlaw-style signals like "but see" or "contra" replaced these Latin phrases, researchers working in pre-twentieth-century materials must recognize the older convention to interpret annotations correctly.
*Sed vide* functions more like a modern citator signal and can often be followed to a specific authority the compiler had in mind. Tracking down the cited source frequently reveals how a doctrine evolved or was limited.
Burrill's reference to *secundum parietem* ("near the wall") — an unrelated Latin phrase beginning with a different word — appears to be a dictionary pagination artifact and should not be associated with the *sed* entries from Anderson.
Historical Dictionary Support
Anderson treats *sed* strictly as an abbreviation appearing in compound phrases, with *sed quaere* and *sed vide* as the operative units. His treatment is functional and accurate: these are editorial signals used by legal writers to direct attention toward doubt or contrary authority.
Burrill's entry, as preserved in the source material, appears to reflect a cross-reference or pagination issue rather than a substantive definition of *sed* in the legal sense. The phrase *secundum parietem* is a separate Latin legal expression meaning "according to the wall" or "near the wall," relevant in property and boundary contexts. It is not a definition of *sed*. Researchers should treat the Burrill material here with caution.
Neither dictionary addresses the frequency or significance of these signals in practice, which is where their real research value lies.