Licentia
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Leave; license; permission. English practice, to the leave granted, in an action for levying a fine of lands, to the defendant to come to an agreement with the plaintiff; which was one of the regular and formal steps in the proceeding.
Licentia loquendi
Leave to speak. An imparlance, or, rather, leave to imparl or speak with the plaintiff. Licentia surgendi, or leave to arise, was a permit anciently given by the court to a tenant, who had been essoigned de malo lecti in a real action, to arise from his bed; and the name was also given to the writ thereupon. The law of such cases was, that the tenant might not arise or go out of his chamber until he had been viewed by knights thereto appointed, and had a day assigned to him to appear, in order that it might be known whether he caused himself to be essoined deceitfully or no; if the demandant could prove that he was seen abroad before the view or license of the court, he should be taken to be deceitfully essoined, and to have made default. (Bradon; Fleta.) Jacob.