Latin Note - Court of Requests 1518

[horselydown86]

I would like to ask for help please in completing the translation of this note, which is on the reverse of an Answer of Fulke Barker in the Court of Requests (from around 1518 - 19).

So far I have this:

[?] fulco Barker sup(er) [?] h(uius)mo(d)i
et admissus est co(m)p(ar)ere in ead’ causa
p(er) Joh(an)nem Maris de medio templo
attor(nato) suu(m) cu(m) clausula de iudic(i)o sisti
et iudicat(?) solvend(?) si &c et

I can translate: ...in the same case by John Maris of the Middle Temple his attorney...

Research has shown that judicio sisti is a standard legal term, but, oddly, the references speak of Scotch and maritime law.

Judicatum solvendum also seems to be a phrase used in the law with some regularity.

I expect the note is probably just procedural, but as the board is quiet at the moment it might be a good time to sort it out.

Thank you for your help.

[Bookbox]

To help with line 1, is Fulke Barker the debtor or the creditor?
ADDED - sorry, I now see it's this
http://discovery.nationalarchives.gov.uk/details/r/C9253799

At the end, [someone] is being made to stand trial (iudicium sisti) and pay the amount judged (iudicatum solvendum) by the court.

I’ve run out of time and will have to come back to it later, sorry.

[horselydown86]

Thanks Bookbox.

There's no hurry whatsoever - just do whatever you can whenever is convenient.

ADDED:

It's a fairly standard dispute over land.  Fulke Barker's father Thomas was one of three trustees enfeoffed by John Sely and his wife, supposedly to the use of John Sely and his wife and their heirs.

With Sely and his wife now dead, a remote heir of Joane Sely is claiming the land against Fulke Barker.

[Bookbox]

This is what I can make of it ...

Iur(ato?) fulco Barker sup(er) (...?) h(uius)mo(d)i
et admissus est co(m)p(er)ere in ead(em) causa
p(er) Joh(an)nem Maris de medio templo
attor(natum) suu(m) cu(m) clausula de iudic(i)o sisti
& iudicat(um) solvend(um) si &c et ...

Fulke Barker was sworn(?) on this (...?), and was allowed to make a disclosure in this same cause through his attorney, John Maris of the Middle Temple, under a clause of compulsion to appear in court and pay the adjudged amount, if, etc., and ...

=====
I’m still stumped by line 1. The penultimate word, presumably governed by sup(er), might be rev(er)su, which could mean 'reversion' or 'repayment'. But on a closer look I wonder if the long s is actually a -s(er) brevigraph. If so, I haven’t deciphered it yet.

The final phrase, after et, is usually et hoc sub pena (‘and under this penalty’, or ‘and on pain of ...’), followed by a monetary amount (a recognizance to appear in court), but it has been cut short after et, and no sum is entered.

So I think he was summoned to appear, and was represented by his attorney, but no decision had yet been reached. Not very informative, I’m afraid.

[horselydown86]

Thank you very much for your efforts.

I didn't expect the import to be earth-shattering, but was wondering whether the clausula meant FB had conceded the matter.  His defence as outlined in the pleadings strikes me as very thin.

As always, your help with the Latin is greatly appreciated.

[Bookbox]

For clausula, in a legal context, Perseus gives ...

... the conclusion of a legal formula ...; and hence in gen., any clause or section of a law.

http://www.perseus.tufts.edu/hopper/morph?l=clausula&la=la#lexicon

[horselydown86]

Thank you - very useful to know.