Legal Definitions - si fecerit te securum

Si fecerit te securum is a historical Latin legal phrase that translates to "if he has made you secure." In early English law, these words were the initial part of a specific type of legal order, known as a writ. This writ would instruct a sheriff to compel a defendant to appear in court, but crucially, it would only be issued after the plaintiff (the person bringing the lawsuit) had provided some form of security or guarantee.

This security was typically a financial deposit or a bond. Its purpose was to assure the court that the plaintiff was serious about their claim, would diligently pursue the case, and would be able to cover court costs or potential damages if their lawsuit ultimately failed. Essentially, the court would not expend its resources to compel a defendant's appearance unless the plaintiff had first demonstrated their commitment and financial responsibility.

• Example 1: A Dispute Over a Debt

  Imagine a scenario in medieval England where a baker, Arthur, claims that a local nobleman, Sir Reginald, owes him a substantial sum for bread delivered over several months. Arthur wants to sue Sir Reginald to recover the debt and needs the court to compel Sir Reginald to appear and answer the charges.

  How it illustrates the term: Before the court would issue a writ ordering the sheriff to force Sir Reginald's appearance, Arthur would first have to provide "si fecerit te securum." This might involve Arthur depositing a sum of money with the court or finding a guarantor. The court would only proceed to compel Sir Reginald's appearance if Arthur had first "made them secure" by providing a guarantee that he was serious about the lawsuit and would cover potential costs if his claim against Sir Reginald was unsuccessful.

• Example 2: Recovering Stolen Goods

  Consider a situation where a farmer, Beatrice, believes her prized livestock has been stolen by a neighboring villager, Cuthbert. Beatrice wants the court to order Cuthbert to return the animals and appear to defend himself against the accusation.

  How it illustrates the term: For the court to issue a writ instructing the sheriff to retrieve the livestock or compel Cuthbert's appearance, Beatrice would first be required to provide security. This security would assure the court that Beatrice would pursue her claim diligently and compensate Cuthbert for any inconvenience or loss if her accusation turned out to be unfounded. The legal process to compel Cuthbert's appearance or the return of the animals would only be initiated "if Beatrice had made them secure" by providing the necessary assurance.

• Example 3: Preventing Damage to Property

  Suppose a landowner, Lady Eleanor, fears that her neighbor, Lord Frederick, is constructing a new mill that will divert water from her own stream, causing significant damage to her crops. Lady Eleanor wants the court to issue an immediate order to stop Lord Frederick from continuing construction until the matter can be properly heard.

  How it illustrates the term: Before the court would issue such a powerful and potentially disruptive order, Lady Eleanor might be required to provide "si fecerit te securum." This security would protect Lord Frederick against potential financial losses if the court later decided that his mill construction was lawful and Lady Eleanor's fears were unfounded. The court's intervention to halt construction would only occur "if Lady Eleanor had made them secure" by guaranteeing her commitment and potential liability for damages.