English Legal History and its Materials
A page for a glossary of terms. Please link to further reading where appropriate, or to a blank page where more research is appropriate but not yet done.

For Old English terms, this glossary may also be of use.

bill petitions to the king

capias arrest; essentially a substitute for a modern warrant as a tool for getting someone to show up when they are being sued.

ceorl (celt, becomes churl)- a person without rights; slave; one who lives under the direction of others.

counter from conter- the 'teller of tales'. Begins the lawsuit by starting the telling of the tale of the lawsuit (the 'count'), after the writ? is presented.

Common Bench? , also Banco. Where writs are sent; Magna Carta demands that it must stay in one place instead of moving around.

Curia Regis? the King's court.

eorl later eolderman, later alderman; also root of 'earl'. A leader or elder of a tun/vill.

eyre roving places of judgment. For more, see eyre? .

felony early on, a failure of feudal obligation. No lawyer allowed until 17th century.

justiciar local representative of the king, post-Norman invasion. Nominally only serving while the king is absent, but in practice permanently responsible for a region (e.g., York.)

latitat writ of lurking; used after capias when someone cannot be found.

lawe to declaw a dog so that it cannot hunt in a royal (Norman) forest.

merchet fee paid by the villein to the lord on the marriage of the villein's daughters.

nisi prius? 'unless before'

ostensurus quaere a type of early Writ? ; eventually related to torts.

possessory remedies?

praecipe a type of Writ? , potentially the oldest. Includes writs of write; eventually related to property.

socage type of EarlyTenancy? , along with military tenure.

villein latin; becomes villain. See ceorl.

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r5 - 23 Aug 2014 - 20:38:27 - EbenMoglen
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