Legal Definitions - de ponendo sigillum ad exceptionem

De ponendo sigillum ad exceptionem is a historical legal term originating from Law Latin, meaning "for putting a seal to an exception." It refers to a specific type of writ, or formal written order issued by a court, that was used in English law. This writ directed judges, particularly the justices of assize who presided over traveling courts, to officially record and authenticate any formal objections (known as 'exceptions') raised by a party during a trial. The primary purpose was to ensure that these objections, along with the judge's ruling on them, were properly documented and preserved, making them available for review by a higher court if the case were appealed.

Here are a few examples illustrating how this historical writ would have applied:

• Imagine a land ownership dispute in medieval England. During the trial, one party's advocate formally objects to a piece of evidence presented by the opposing side, arguing it was obtained improperly. The presiding judge overrules the objection, allowing the evidence. To ensure this specific objection and the judge's decision are officially documented for a potential appeal, the advocate would request a de ponendo sigillum ad exceptionem. This writ would compel the justices to formally seal and record the objection, preserving it as part of the trial record for review by a superior court.

• Consider a historical criminal trial where a defendant's lawyer believes the judge's instructions to the jury regarding the definition of a crime are legally incorrect. The lawyer raises a formal objection to these instructions, but the judge proceeds as planned. To safeguard the defendant's right to appeal based on this perceived procedural error, the lawyer would seek a de ponendo sigillum ad exceptionem. This would ensure that the specific objection to the jury instructions is officially recorded and authenticated, providing a clear basis for a higher court to examine the judge's actions if the defendant is convicted and appeals.

• In a dispute over a broken contract, one party calls a witness whose testimony is crucial. The opposing party's representative objects to the witness's credibility, citing a known conflict of interest, but the judge allows the testimony to stand. To ensure that this objection to the witness's admissibility or credibility is not overlooked and can be presented as a point of error on appeal, a de ponendo sigillum ad exceptionem would be issued. This writ would mandate the formal documentation and sealing of the objection, preserving it as a critical part of the trial's official record for any subsequent appellate review.