SECTA

In old English law. Suit; attendance at court; the plaintiffs suit or following, i.e., the witnesses whom he was required, in the ancient practice, to bring with him and produce in court, for the purpose of confirming his claim, before the defendant was put to the necessity of answering the declaration. See 3 Bl. Comm. 295, 344; Bract, fol. 214a. A survival from this proceeding is seen in the formula still used at the end of declarations, “and therefore he brings his suit,” (et inde producit sectam.) This word, in its secondary meaning, signifies suit in the courts; lawsuit. Secta ad curiam. A writ that lay against him who refused to perform his suit either to the county court or the court baron. Cowell. Secta ad furnum. In old English law. Suit due to a man’s public oven or bake house. 3 Bl. Comm. 235. Secta ad justiciam fac iendam. In old English law. A service which a man is bound to perform by his fee. Secta ad molendinum. A writ which lay for the owner of a mill against the inhabitants of a place where such mill is situated, for not doing suit to the plaintiff’s mill; that is, for not having their corn ground at it. Brown. Secta ad torrale. In old English law. Suit due to a man’s kiln or malthouse. 3 Bl. Comm. 235. Secta curiae. In old English law. Suit of court; attendance at court. The service, incumbent upon feudal tenants, of attending the lord at his court, both to form a jury when required, and also to answer for their own actions when complained of. Secta facienda per illam quae habet eniciam partem. A. writ to compel the heir, who has the elder’s part of the co heirs, to perform suit and services’ for all the coparceners. Reg. Orig. 177. Secta regalis. A suit so called by which all persons were bound twice in the year to attend in the sheriff’s tourn, in order that they might be informed of things relating to the public peace. It was so called because the sheriff’s tourn was the king’s leet, and it was held in order that the people might be bound by oath to bear true allegiance to the king. Cowell. Secta unica tantum facienda pro pluribus hsereditatibus. A writ for an heir who was distrained by the lord to do more suits than one, that he should be allowed to do one suit only in respect of the land of divers heirs descended to him. Cowell. Secta est pugna civilis; sicut actores armantur actionibns, et, quasi, gladiis accinguntur, ita rei muniuntur excep tionibus, et defenduntur, quasi, clypeis. Hob. 20. A suit is a civil warfare; for as the plaintiffs are armed with actions, and, as it were, girded with swords, so the defendants are fortified with pleas, and are defended, as it were, by shields. Secta quse scripto nititur a scripto variari non debet. Jenk. Cent. 65. A suit Which is based upon a writing ought not to vary from the writing.