fama publica

fama publica (fay-m[schwa] p[schwa]b-li-k[schwa]). [Latin “public repute”] Hist. A person’s reputation in the community. • A person’s fama publica could be used against him or her in a criminal proceeding. Cf. ILL FAME .

“Now in the thirteenth century we find in the sheriff’s turn a procedure by way of double presentment, and we may see it often, though not always, when a coroner is holding an inquest over the body of a dead man. The fama publica is twice distilled. The representatives of the vills make presentments to a jury of twelve freeholders which represents the hundred, and then such of these presentments as the twelve jurors are willing to ‘avow,’ or make their own, are presented by them to the sheriff…. From the very first the legal forefathers of our grand jurors are not in the majority of cases supposed to be reporting crimes that they have witnessed, or even to be the originators of the fama publica. We should be guilty of an anachronism if we spoke of them as ‘endorsing a bill’ that is ‘preferred’ to them; but still they are handing on and ‘avowing’ as their own a rumour that has been reported to them by others.” 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward I 643 (2d ed. 1899).


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