A. brings an action on the case against B. and counts that B. took from him several goods, and mentions them and inter alia fulcrum lecti, Anglice a tester of a bed with curtains of say; upon not guilty pleaded, a verdict is found for the plainitiff, and entire damages given : arid well. For Anglice will serve : especially where there is no Latin word obvious to signify it : as in this case, there is no Latin word for a tester of a bed.
But where an obvious word occurs, because that by law, viz. by the statute of 36 E, 3, all pleas ought to be irtrolled in Latin, an Anglice will riot serve ; lest the divine science of the law should be prophaned by bararisms . Thus, in trespass pro captione and abductions unius Cornetti ; Anglice, an ox, this is faulty ; for bos is an obvious word for it.
Citations:
[1220] EngR 47, (1220-1623) Jenk 270, (1220) 145 ER 194 (A)
Links:
Litigation Practice
Updated: 18 May 2022; Ref: scu.460959