Legal Definitions - et hoc petit quod inquiratur per patriam

Et hoc petit quod inquiratur per patriam is an archaic Latin phrase that translates to "and this he prays may be inquired of by the country." Historically, this phrase was used at the conclusion of a plaintiff's formal written statement (known as a pleading) in a lawsuit.

By including this phrase, the plaintiff was formally requesting that the factual issues in dispute be decided by a jury. In this context, "the country" referred to the community or a jury drawn from it. Essentially, it was the plaintiff's way of signaling their desire for a trial by jury to resolve the factual disagreements in the case.

• Example 1: Property Boundary Dispute

  Imagine a landowner in the 17th century, Sir Reginald, believes his neighbor, Lord Thomas, has encroached upon his estate by moving a boundary marker. Sir Reginald initiates a lawsuit and, after detailing the history of the land, the original boundary, and the alleged encroachment in his formal complaint to the court, he concludes his pleading with "et hoc petit quod inquiratur per patriam."

  This phrase indicates that Sir Reginald is formally asking for a jury—composed of local citizens familiar with the land and customs—to hear evidence from both sides, examine the property, and ultimately decide where the true boundary lies. It is his demand for a factual determination by the community.

• Example 2: Breach of a Commercial Agreement

  Consider a merchant, Master William, who had an agreement with a supplier, Mistress Eleanor, for a shipment of wool. Master William claims Mistress Eleanor failed to deliver the agreed-upon quantity, causing him significant financial loss. After outlining the terms of their contract and the alleged breach in his formal court document, Master William would conclude with "et hoc petit quod inquiratur per patriam."

  By using this phrase, Master William is requesting that a jury be assembled to hear testimony from both merchants, examine any written agreements, and determine whether a breach of contract occurred and, if so, the extent of the damages. He is seeking a factual resolution from a body of his peers.

• Example 3: Defamation of Character

  Suppose a respected town elder, Dame Eleanor, sues a gossiping neighbor, Mr. Finch, for spreading false rumors that damaged her reputation within the community. After detailing the specific defamatory statements and the harm they caused in her formal complaint, Dame Eleanor would conclude her pleading with "et hoc petit quod inquiratur per patriam."

  This signifies Dame Eleanor's formal request for a jury to hear the evidence, assess the truthfulness of the rumors, and determine if Mr. Finch's statements constituted defamation and what compensation, if any, she is due. She is entrusting the factual judgment of her character and the neighbor's actions to a jury drawn from the community.