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.


Webs Webs

r5 - 23 Aug 2014 - 20:38:27 - EbenMoglen
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM