Legal Definitions - placitum nominatum

Placitum nominatum

In historical legal practice, placitum nominatum referred to the specific date and time designated by a court for a defendant to make their initial appearance and formally respond to the accusations or claims brought against them. It was the appointed day for the defendant to "plead," which meant to present their defense, admit guilt, or otherwise formally address the charges.

Here are some examples illustrating this historical concept:

• Imagine a dispute in 15th-century England where a farmer, Thomas, claimed his neighbor, John, had encroached upon his land. After Thomas filed his complaint with the local manor court, the court would issue a summons to John. The date specified in that summons for John to appear before the court and formally state his defense against Thomas's claim would be the placitum nominatum. On this day, John would be expected to either deny the encroachment, admit it, or present a counter-argument.

• Consider a historical criminal case from the 17th century where a person named Mary was accused of petty theft. Following her arrest and initial questioning, the magistrate would set a specific court date for Mary to formally answer the charges. This designated day, when Mary was required to appear in court to enter her plea (e.g., guilty or not guilty) and begin the legal process of her defense, was known as the placitum nominatum. Her failure to appear on this day could result in further legal consequences.

• In a civil matter during the Romanesque period, if a merchant sued a customer for an unpaid debt, the court would issue a formal notice to the customer. This notice would clearly state the precise day by which the customer was required to present themselves before the court to acknowledge or dispute the debt. This crucial date, marking the customer's first formal opportunity to engage with the legal proceedings and "plead" their case, was the placitum nominatum.