Comes

In Pleading. A word used in a plea or answer which indicates the presence in court of the defendant. In a plea, the defendant says, "And the said C D, by E F, Lis attorney, comes, and defends," etc. The ■word comes, vcnit, expresses the appearance of the defendant in court. It is taken from the style of the entry of the proceedings on the record, and formed no part of the viva voce pleading. It is, accordingly, not considered as, in strictness, constituting a part of the plea; 1 Chit. PI.

411; Steph. PI. 132.

COMES (Lat. comes, a companion).

An earl

A companion, attendant, or follower. By Spelman the word is said to have been first used to denote the companions or attendants of the Roman proconsuls when they went to their provinces. It came to have a very extended application, denoting a title of honor generally, always preserving this generic signification of companion of, br attendant on, one of superior rank. Among the Germans the comites accompanied the kings on their journeys made for the purpose of hearing complaints and giving decisions. They acted in the character of assistant judges. Tacitus de Mor. Germ. cap. 11, 12; 1 Spence, Eq. Jur. 66; Spelman, Gloss. Among the Anglo-Saxons, the comites were the great vassals of the king, who attended, as well as those of inferior degree, at the great councils or courts of their kings. The term included also the vassals of those chiefs, 1 Spence, Eq. Jur. 42. Comitatus, county, is derived from comes, the earl or earlderman to whom the government of the district was intrusted. This authority he usually exercised through the vice-comes, or shire reeve (whence our sheriff). The comites of Chester, Durham, and Lancaster maintained an almost royal state and authority; and these counties have obtained the title of palatine; 1 Bla. Com. 116; County Palatine. The title of earl or comes has now become a mere shadow, as all the authority Is exercised by the sheriff (vice-comes); 1 Bla. Com. 398. COMITAS (Lat.). Courtesy; comity. An indulgence or favor granted another nation, as a mere matter of indulgence, without any claim of right made. COMITATUS (Lat. from comes).

A county

A shire. The portion of the country under the government of a comes or count.

1 Bla. Com. 11G.

An earldom

Earls and counts were originally the same as the comitates.

1 Ld. Kay in. 13.

The county court, of great dignity among the Saxons.

1 Spence, Eq. Jur. 42, GG.

The retinue which accompanied a Roman proconsul to his province.

Du Cange

A body of followers; a prince's retinue. Spelman, Gloss. The comitatus was the personal following of professional warriors. Taylor, Jurispr.

21G.