Legal Definitions - et sic ad patriam

Et sic ad patriam is a historical Latin phrase that translates to "and so to the country." In medieval English legal practice, particularly as documented in the ancient legal records known as the Year Books, this phrase was used to indicate a pivotal moment in a lawsuit.

It signified that the legal arguments between the parties had reached a point where the core dispute was no longer about interpreting the law, but rather about determining the actual facts of the case. When a court recorded "et sic ad patriam," it meant that the factual questions in contention would be sent to a jury for decision. "The country" in this context referred to the local community from which a jury would be drawn, highlighting the shift from legal debate among judges to a determination of facts by ordinary citizens.

• Example 1: A Dispute Over Land Boundaries

  Imagine a 14th-century lawsuit concerning a boundary dispute between two landowners. Their respective lawyers present elaborate legal arguments based on old charters and feudal rights to the King's judges. However, the judges find that the ultimate resolution hinges on a specific factual question: "Where exactly did the ancient stone marker, which defines the boundary, originally stand?" Since this is a matter of local knowledge and physical evidence, not legal interpretation, the court would record "et sic ad patriam." This meant the question of the marker's original location would be put before a jury of local residents, who, through their communal knowledge and observation, could best determine the truth.

  This example illustrates "et sic ad patriam" because the court is directing a specific factual inquiry (the marker's location) away from legal argument and towards a jury drawn from "the country" – the local community – for a factual determination.

• Example 2: An Allegation of Debt Repayment

  Consider a historical case where a merchant sues a customer for an unpaid debt. The customer admits to incurring the debt but claims he repaid it in full, perhaps by delivering goods of equivalent value, which the merchant denies ever receiving. The legal framework for debt is clear, but the central issue is a factual one: "Did the customer actually deliver the goods as repayment?" After hearing the initial legal pleadings, the court would declare "et sic ad patriam," indicating that a jury would be empaneled to hear testimony and evidence to determine the truth of the alleged repayment, as this was a matter of fact for the community to decide.

  Here, the phrase signifies that the legal process has moved beyond interpreting the law of debt to establishing a concrete fact (whether repayment occurred), which is entrusted to a jury from "the country."

• Example 3: A Claim of Assault and Battery

  In a medieval court, a plaintiff might bring a claim of assault and battery against a defendant, alleging physical harm. The defendant might deny the accusation entirely, claiming he was not present at the scene, or that he acted in self-defense. While the legal definition of assault and battery would be understood by the judges, the fundamental questions would be factual: "Did the defendant strike the plaintiff?" and "If so, was it in self-defense?" When the court determined that these factual disputes were central to the case, it would record "et sic ad patriam." This meant that a jury, drawn from the local community, would hear the evidence and decide whether the alleged actions actually took place and under what circumstances.

  This example demonstrates the term's use when the resolution of a case hinges on establishing what physically transpired (the assault), shifting the decision-making from legal interpretation to a factual finding by a jury from "the country."