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.

v. A word used in a pleading to indicate the defendant's presence in court See Come.

I. A companion, a follower or attendant; a count, an earl. An ot Rcial and honorary title of great antiquity and various application.

ov. A word used in a pleading to indicate the defendant’s presence in court. See Come.

/. A companion, follower; a count, earl.

Lat. [pi, comite Sy from comitar, to accompany, or follow; L. Fr. comte.] A companion, follower or attendant. An official and honorary title of great antiquity, and very various application; originating under the Roman empire, and retained in the institutions of most of the early nations of Europe, but chiefly remarkable for its equal use in denoting the comte or count of the Franks, the grave or graf of the Germans, the countee of the Anglo-Normans, the et Udorman, alderman, or shireman of the Saxons, and finally, the earl of the English and Scotch. 1 £L Com, 116, 398. Spelman. Term£8 de la ley, voc. Countee. Ersk. Inst. b. 1, tit. 4, § 1. See Count, Countee, Alderman, Earl, Grave, Reeve, Schire-man. The origin of this title has been traced by Spelman to the household or court of the Roman emperors, who gave the name of comites to their personal attendants, or those who belonged to their following or retinue, (comites vocabant quotquot e comitatu principis erant.) It came afterwards to be used (with the Grsecobarb. icofifg) as a title not only of honor, but of office, and with no restriction as to grade in either; but its prevailing signification was that of chief, superintendent, or governor, (Gr. afxwv,) Thus, among other officers noticed at length by Spelman, the comites provinciarum were the rulers or governors of provinces, who combined the authority of a civil magistrate and judge, with the powers of a military commander. From these, according to the same writer, were immediately derived the comites of the lower ages. Among the Franks, Germans, and other early nations, the term comes was applied to one who was selected by the king from his own attendants, (e comitatu sua,) and sent to govern some city or territory, and from whom such territory, as well as the office itself, was called comitatus, A prominent feature of this officer was his judicial character. Spelman calls him expressly a judge, (regts e comitaiu suo miserunt judicem, — muwus comitis judieiariumyti ,) and refers to the use of the word in this sense, among the ancient Germansas early as the time of Tacitus. See Comte. As to the introduction of this te?m into England, it may be observed that the title comes is found associated amonjthe Anglo- Saxons, with some kind of territorial authority, at a period anterior to the diyision of the kingdom into counties, but its use does not appear to have been fully established until laterwards, when it was applied by the Latin interpreters to the reeve, alder* many or chief magistrate of the shire, aadje- SO noting the union in these oileers of tenritorial jurisdiction with judicial authority. The Danes introduced the corresponding title of eorle, and the Normans that of comte, or countee; but the former being adopted by the Saxons, seems to have soon superseded the latter. Comites are mentioned in Magna Charta, (e. 14,) and by Bracton, as the highest order of persons in the kingdom, whose title the last named author derives a comitatu sive a sodetate, and whom be otherwise calls consules, a consulendo,) as being the king's advisers and associates in the government of the people. Bract, fol. 6 b. Id. fol. 34, 351 b. The deputy of the comes, (earl, or count,) was called vice com£8, which is still the Latin appellation of sheriff, (the earl's successor in the ffoven Dment of the shire,) as comes is of earl at the present day. 1 BL Com. 116. See Sheriff. C0MITA8. Lat. Comity, curtesy, civility. Comitas inter ccmrnunitc Ues; comity between communities or nations; comity of nations. 2 Ken Cs C(ym. 457. That indulgence or liberality by which the laws of one nation are allowed to operate within the territories of another. See Comty. The rule is, that comttoa is to be observed quakwus sine pray udieio indtdgentium Jieri potest, (as jas can be done without pejudioe to those who allow it.) Kent, C, 4 Johns. Ch. E. 460, 477.

pleading. Ina plea the defendant says, *‘ And the said C D, by E F, his attorney comes, and defends,” &c. The word comes, venit, 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. Pl. 411; Steph. Pl. 432.