Law. [L. pl. of tālis such, in the phrase tales de circumstantibus ‘such (or the like) persons from those standing about,’ occurring in the order for adding such persons to a jury; whence used as a sb.]
Originally, in plural, Persons taken from among those present in court or standing by, to serve on a jury in a case where the original panel has become deficient in number by challenge or other cause, these being persons such as those originally summoned; loosely applied in Eng. as a singular (a tales) to the supply of men (or even one man) so provided. Also contextually applied to the order or act of supplying such substitutes, as to pray, grant, award a tales. In English use now restricted to such summoning of common jurors to serve on a special jury; orig. and still in U.S. in general use (including criminal jurisdiction).
[c. 1250. Bracton, 238 b (Rolls IV. 8).
1345. Year-Bk., 19 Edw. III. (Rolls), 146. Ou le panel par le Habeas corpora et Octo Tales fuit retourne devant luy. Ibid. (1346), 20 Edw. III., 490. Par quei il avoit briefe a Vicounte de feire venir præter les deux que furent jurez XII tales. Ibid. (1370), 44 Edw. III., Mich. pl. 62 f. 25. Pur que il [the counsel] pria XII tales et les serjeants d’autre part disoient que a autrefois il avoit ewe X tales.
1479. Year-Bk., 18 Edw. IV., Pasch. pl. 31 p. 6. Home n’avera XII tales en nul cas forsque in appeal tantum.
1531. Registr. omn. Brev. Judic. (Rastell) 75.]
1495. Act 11 Hen. VII., c. 21. Upon every tales graunted, the seid Maire and Aldermon shall impanell the seid Persones.
1607. Cowell, s.v., A supply of men empaneled vpon a iury or enquest, and not appearing, or at their apparance, chalenged by … either partie … the Iudge vpon petition graunteth a supply to be made by the Shyreeue of some men there present, equall in reputation to those that were impaneled. And herevpon the very act of supplying is called a Tales de Circumstantibus. Ibid. The first Tales must be vnder [i.e., fewer than] the principall panell, except in a cause of Appeale, and so euery Tales lesse then other.
a. 1680. Butler, Rem. (1759), II. 69. He is chosen … like a Tales in a Jury, for happening to be near in Court.
1768. Blackstone, Comm., III. xxiii. 364. Either party may pray a tales. A tales is a supply of such men as are summoned upon the first panel, in order to make up the deficiency.
1837. Dickens, Pickw., xxxiv. It was discovered that only ten special jurymen were present. Upon this, Mr. Sergeant Buzfuz prayed a tales; the gentleman in black then proceeded to press into the special jury two of the common jurymen.
1863. H. Cox, Instit., II. iii. 355. In criminal cases it is not the practice to award a tales.
b. Comb. Tales-book, a name for the entry-book of persons summoned on a tales: see quots.
[1604. Coke, Reports, IV. 93 b. Le liuer appel les Tales.
1607. Cowell, Tales, is the proper name of a booke in the Kings bench office [citing Coke].]
1670. Blount, Law Dict., Tales, is also the name of a Book in the Kings Bench Office or such Jury-men as were of the Tales.]
1823. Crabb, Techn. Dict., Tales-book. Hence in mod. Dicts.
