Law. [L., lit. ‘that you cause to come.’ Cf. prec.]
1. A former judicial writ directed to a sheriff requiring him to summon a jury to try a cause or causes at issue between parties. Obs. or Hist.
1444. Rolls of Parlt., V. 112/1. Thissue joyned and entred of record, and a venire fac’ of ye Jure retorned.
1531. Star Chamber Cases (Selden), II. 189. They have pursued seuerall venire facias retornable the First day of the terme of seynt Hillary next comyng.
1543. Ludlow Churchw. Acc. (Camden), 14. Payde for a venire facias, xvj d.
1607. Middleton, Phœnix, B 4 b. Youl get a Venire facies to warne your Iurie, a Decem tales to fill vp the number.
1665. Ever, Tryals per Pais, iii. 24. Of a Venire facias: To whom it shall be directed [etc.].
1768. Blackstone, Comm., III. 352. When therefore an issue is joined,… the court awards a writ of venire facias.
1790. Amer. State Papers, Misc. (1834), I. 32 (Stanf.). Juries shall be summoned by writs of venire facias.
1821. Archbold, Digest Law, 414. The jury process is the same as in ordinary cases, namely, a venire facias and a habeas corpora juratorum.
1825. Act 6 Geo. IV., c. 50 § 16. 125. No former Writ of Venire Facias had been prosecuted in that Cause.
b. Venire facias de novo (lit. ‘that you cause to come anew’), an order for a new trial of a cause, upon the same record, owing to some defect or irregularity in the first trial.
1797. Tomlins, Jacob’s Law Dict., s.v., New Trials are generally granted where a General Verdict is found; a Venire Facias de Novo, upon a Special Verdict.
† 2. A writ issued against a person indicted of a misdemeanor, summoning him to appear before the court. Obs.
1463–4. Plumpton Corr. (Camden), 10. I shall send you another [capias] with the Copie of your new suites and a venire facias against the ministre.
1769. Blackstone, Comm., IV. 313. The proper process on an indictment for any petty misdemesnor, or on a penal statute, is a writ of venire facias, which is in the nature of a summons to cause the party to appear. And if by the return to such venire [etc.].
