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Legal Definitions - pays

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Definition of pays

Pays is an archaic legal term that refers to a jury. Historically, it signified the body of citizens summoned from the local community or "country" to hear evidence and deliver a verdict in a legal case.

Here are some examples to illustrate this term:

  • Imagine a historical account of a trial in medieval England. The court records might state that "the sheriff was commanded to gather the pays to hear the matter of the disputed inheritance."

    Explanation: In this context, "gather the pays" means to assemble a jury, who would be drawn from the local community to decide the inheritance dispute.

  • An old legal treatise discussing the foundations of common law might describe how "the judgment of the pays was considered paramount in matters of fact, reflecting the collective wisdom of the community."

    Explanation: Here, "the judgment of the pays" refers to the verdict delivered by the jury, emphasizing their role as the ultimate fact-finders in a trial.

  • In a historical drama set in a colonial courtroom, a character might declare, "We shall put this question to the pays, and let them decide the truth of the accusation."

    Explanation: This statement indicates that the speaker intends to present the evidence to a jury (the "pays") for their deliberation and decision on the defendant's guilt or innocence.

Simple Definition

In historical legal contexts, "pays" is a term derived from Law French, referring to "the country" or, more specifically, "a jury." It is closely related to "patria," emphasizing the local community or body of jurors responsible for rendering a verdict.

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