Licentia

Lat. [from licere, to be lawful.] License; liberty; permission. LICENTIA CONCORDANDl (Lat. leave to agree). One of the formal steps in the levying a fine. When an action is brought for the purpose of levying a fine, the defendant, knowing himself to be in the wrong, is supposed to make overtures of prosecute his suit, applies to the court, upon the return of the writ of covenant, for leave to make the matter up. This, which is readily granted, is called the licentia concordandi. 5 Coke, 39; Cruise, Dig. tit. 35, e. 2, 22.

Lat License; leave; permission.

— Licentia concordandi. In old practice and conveyancing. License or leave to agree; one of the proceedings on levying a fine of lands. 2 Bl. Comm. 350.

— Licentia loquendi. In old practice. Leave to speak, (i. e., with the plaintiff;) an imparlance; or rather leave to imparl. 3 Bl, Comm. 299.

— Licentia snr-gendi. In old English practice. License to arise; permission given by the court to a tenant in a real action, who had cast an essoin de malo lecti, to arise out of his bad, which he could not do without such permission, and after being viewed by four knights appointed for the purpose. Bract fol. 355,

— Licentia transfretandi. A writ or warrant directed to the keeper of the port of Dover, or other seaport, commanding him to let such persons pass over sea as have obtained the royal license thereunto. Reg. Orig. 193.

I. License; liberty; permission. loqueiidi: leave to speak [i e. with the plaintiff]; an imparlance, or rather leave to imparl. Liceutia surgendi: license to arise; permission given by the court to a tenant in a real action who had oast an essoin de malo lecti, to arise out of his bed; the name of the writ issued in such a case. Licentia transfretandi: leave to cross the sea; permission to cross the Strait of Dover.

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.