...quovis colore ac specie...

[Bestiola]

Does anyone know what these legal terms mean - that is "colore ac specie"? it's from a document from the 16th century by which some duke is giving lands and a villa to some noble person. Something to do with the privileges and status, but I can't find anything specific enough.

This is the sentence: ......quovis colore ac specie ad eandem spectantibus ac pertinentibus dictum Johannem,.......

 

[Bestiola]

Hmmm state and circumstance? Or pretext.

 

[Pacifica]

Or pretext.

That's likely. But could you post the entire sentence, just to make sure?

 

[Bestiola]

Thanks! Here it comes:

Promittentes in predictis ville possessionibus, terris, molendinis, pratis et pascuis, ac aliis dicte ville bonis, quovis colore ac specie ad eandem spectantibus ac pertinentibus dictum Johannem, suosque heredes et successores conservare, protegere et defensare contra quoslibet, uti legitimum decet patronum, successoresque nostros instantissime petentes, officialibus autem nostris presentibus et futuris firmiter precipientes, ne ob favorem nostre gratie in predictis possessionibus, iuribus, proventibus et libertatibus impedire seu molestare audeant aut présumant modo aliquali, quin potius ab aliis ipsis inferre volentibus protegere et deffensare velint, debeant et teneantur.

 

[Pacifica]

"Pretext" doesn't look like the right word in that setting. It seems to be about all the goods that appertain to the estate in any way whatsoever, or possibly all the goods that appertain to it, of any kind whatsoever. The idea is something like that, but I'm not sure how to translate it into proper English Legalese.

 

[Bestiola]

"Pretext" doesn't look like the right word in that setting. It seems to be about all the goods that appertain to the estate in any way whatsoever, or possibly all the goods that appertain to it, of any kind whatsoever. The idea is something like that, but I'm not sure how to translate it into proper English Legalese.

Thanks! That's helpful enough.

 

[cinefactus]

I think this is a question for @Westcott!

 

[Westcott]

Not surprisingly, colore translates as "by colour", but this is nothing to do with tincture. There is an archaic phrase "by colour of", as in "by colour of his office" or "by colour of his authority". It is along the lines of "by reason of", although the specific examples I have found indicate a misuse of authority. As in, Wayne Couzens got Sarah Everard into his car by colour of his police warrant card. Specie here also means "by reason of". As Pacifica points out, the dictionaries say "pretext", but that also suggests an intention to deceive. So I would use a bit of licence and translate the phrase as "belonging and appertaining to the same by any means or reason".

 

[Bestiola]

Not surprisingly, colore translates as "by colour", but this is nothing to do with tincture. There is an archaic phrase "by colour of", as in "by colour of his office" or "by colour of his authority". It is along the lines of "by reason of", although the specific examples I have found indicate a misuse of authority. As in, Wayne Couzens got Sarah Everard into his car by colour of his police warrant card. Specie here also means "by reason of". As Pacifica points out, the dictionaries say "pretext", but that also suggests an intention to deceive. So I would use a bit of licence and translate the phrase as "belonging and appertaining to the same by any means or reason".

Awesome, thanks a bunch!

 

[Anbrutal Russicus]

Westcott's explanations made me realise it's the same facial cosmetics metaphor as Roman Latin fūcum facere "to deceive", sine pigmentō, sine fūcō "without show or pretence, openly" - it's not rare to see such metaphorical shifts in Medieval Latin mirroring those in Classical. It's very clearly a negative evaluation, and DMLBS appropriately translates it as "outward show, disguise, pretext". speciēs is likewise "appearance" as opposed to "real cause". I think the correct translation is therefore "pertaining/belonging to him, or appearing to do so under any pretext".

edit: actually this word is current already in the Classical legal jargon: Speciatim apud Rhetores color dicitur pars controversiae, seu potius controversiarum quoddam genus, in quo tota ratio accusationis aut defensionis in eo sita est, ut factum minus probabile exquisitis conjecturis, suspicionibus et causis subtiliter inventis tegatur et coloretur.

 

[Bestiola]

Westcott's explanations made me realise it's the same facial cosmetics metaphor as Roman Latin fūcum facere "to deceive", sine pigmentō, sine fūcō "without show or pretence, openly" - it's not rare to see such metaphorical shifts in Medieval Latin mirroring those in Classical. It's very clearly a negative evaluation, and DMLBS appropriately translates it as "outward show, disguise, pretext". speciēs is likewise "appearance" as opposed to "real cause". I think the correct translation is therefore "pertaining/belonging to him, or appearing to do so under any pretext".

edit: actually this word is current already in the Classical legal jargon: Speciatim apud Rhetores color dicitur pars controversiae, seu potius controversiarum quoddam genus, in quo tota ratio accusationis aut defensionis in eo sita est, ut factum minus probabile exquisitis conjecturis, suspicionibus et causis subtiliter inventis tegatur et coloretur.

Thanks, that's interesting!