Ancient Common Law Dictionary The common law is an old man; well over a thousand years old. As law evolved to the modern yet complex body that it is today, many ancient concepts, theories and terms have been left on the wayside. Many are criminal in nature but many reflect civil law issues as well. Some are Latin or French in origin as both languages permeated deeply into the English law psyche. Many were only weeded out more recently in the history of the common law. In some cases (eg. novation), some still have a strong yet foreign-language heartbeat within the fortress of the common law. This Ancient Common Law Dictionary sets down for time immemorial those old, disused and sometimes lost terms otherwise forever buried in the cemetery of the common law, and so we can remember from whence our law came. See also our main Legal Dictionary, the Latin Law Dictionary and the Civil Law Dictionary. Lloyd Duhaime, March 13, 2010. Abbacinare A barbaric form of corporal punishment meted out in the middle ages where persons would be permanently blinded by the pressing of hot irons to the open eyes. Aberemurder A spontaneous and gratuitous murder. Adminiculum Latin: some evidence tendered to support something else Affray A fight between two or more persons in a public place so as to cause terror to the public. Alia Enormia Latin: The catch-all phrase in trespass pleadings to refer to all such other harms and damages that may have been caused by the alleged trespasser other than those specified. Animus Furandi Latin: an intent to do wrong. Apostacy The ancient criminal offence of atheism or not being Christian, or of denying the doctrines of a state religion. Assumpsit Medieval era action for breach of contract. Audita Querela An application to a court after judgment seeking to avoid execution of that judgment because of some event intervening between judgment and execution which compromises the judgment creditor's entitlement to execution. Badgering The buying of food products in one place and selling them elsewhere at a profit. Barrator A person who, on more than one occasion, incites litigation or spreads false rumours. Bill of Attainder Conviction and sentence to death directly by statute, as opposed to resulting from trial. Chamberdeacon An Irish beggar. Chancery Lane A pedestrian lane connecting Gray's Inn with other Inns of the Court in London, England. Chaste A person who has never voluntarily had sexual intercourse outside of marriage such as unmarried virgins. Chirograph A medieval form of contract which allowed for several verifiable authentic versions. Common Law Judge-declared law. Law which exists and applies to a group on the basis of customs and legal precedents developed over hundreds of years in Britain. Common Pleas A court to resolve civil disputes between private citizens and not otherwise involving the Crown. Common Scold The now extinct offence of an angry woman who, by brawling and wrangling amongst her neighbours, disturbs the public peace. Compurgation The defence to a crime, or answer to a civil claim, perfected by the relevant oaths of the defendant and a number of supporters. Corody A pension in food or such other things as may be required for sustenance. Cucking Stool A medieval form of punishment; a chair in which was restrained an offender. Dedimus Potestatem de Attornato Faciendo Latin: An ancient common law exemption from the requirement to attend any court summons in person allowing, instead, representation by an attorney. Demesne Land held by a noble under the English feudal system, in absolute ownership. Deodand An object that has been involved in some personal injury, is forfeit to the government. Disorderly House A place where acts prohibited by statute are habitually indulged in or permitted. Dominion Utile Latin: the property rights of a tenant; exclusive right to use a thing Dominium Directum Latin: qualified ownership of a land: not having possession or use of property but retaining ownership. Drawn and Quartered A horrific and barbaric punishment imposed upon traitors pursuant to ancient common law: partial hanging, disembowelling and cutting of body into quarters. Ducking Stool A contraption of medieval English justice comprised of a chair in which a convict was affixed and then immersed repeatedly into a body of water. Eavesdroppers Those convicted of the obsolete offence of intentional, covert and direct listening-in to another's conversations, and the subsequent use of the contents thereof to disturb the peace. Ejectment A ancient now disused claim to remove an individual from poccupying another's real property, based on tresspass. Embracery Improper influence on a juror. Englishry The proving to the authorities that a killed person was English. Engrossing The buying of products in bulk and the individual re-sale at profit. Enticement An old common law action against any person who caused a husband to lose the love, services or society of his wife. Esquire A mostly informal title associated with those who practice law. Essoin A valid excuse for not appearing in Court when summoned. Estover Limited rights granted to a tenant of land to certain product of the land, mostly wood. Exchequer A court of law designed to determine claims by the Crown. Felonious Homicide The killing of a human being without justification or excuse. Feme Covert French: a married woman. Feme Sole French: an unmarried woman. Feudal System A social structure that existed throughout much of Europe between 800 and 1400 and that revolved around a multi-level hierarchy between lords (who held land granted under tenure from the king), and their tenants (also called 'vassals'). Fieri Facias Latin: that you cause to be made. Mostly used to refer to a writ of judgment enforcement obtained under the old common law of England. Fool A human being in form but destitute of reason from birth. Forestalling The purchase of food products before it arrives, or as as it comes to a food market, with the intent to sell the same again at a higher price. Frankpledge A community pledge in medieval England whereby a defined number of people were jointly held responsible for the denunciation of any crime within their group. Gavelkind A form of limited land ownership in England pre-Conquest (1066) which vested to all sons equally. Gray's Inn One of four Inns of the Court, self-regulating associations of barristers in England and wales. Habeas Corpus Latin: a court petition which orders that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful. Heresy A historic criminal offence comprised of the act of public denial of Christian doctrines. Heriot A right in ancient common law of a land lord, upon the death of his tenant, to pick any beast belonging to the estate of the deceased tenant. Hissing A common law right given to the audiences of public performances to openly express their opinion of the performance. Hue and Cry A community fugitive-containment strategy of medieval England where a yell went up denouncing a crime, and all within earshot took up the chase. Inner Temple One of four Inns of the Court, self-regulating associations of barristers in England and Wales. Inns of Chancery Smaller boarding schools for apprenticing law students and serving as preparatory schools for the Inns of the Court up to about 1590. Inns of Court The several professional associations of barristers, to which all barristers in England or Wales must belong to one, to wit, Lincoln's Inn, Middle Temple, Gray's Inn or Inner Temple. Jactitation A false boast designed to increase standing at the expense of another. Jura Regalia Rights which belong to the Crown or to the Government. Justiciar An obsolete judicial position of English nobility; that of chief justice of the realm. King's Bench Originally, the common criminal court of the common law; later, the general superior court. Larceny A criminal offence now more commonly referred to as theft, covering the unlawful or fraudulent removal of another's property without the owner's consent. Law French The original language of the English courts after the Norman conquest. Law Merchant International commercial law; the law as it relates to merchant Lay by the Heels To commit to prison. Lex Non Scripta Unwritten law; the common or custom law. Lincoln's Inn One of four Inns of the Court, self-regulating associations of barristers in England and Wales. Lucre Financial advantage taken in bad faith. M Ancient common law: the symbol branded on the thumb of persons convicted of manslaughter. Maill Scots law: rent. Mainprize The taking of a person into friendly custody. Maintenance The obligation of one person to contribute, in part or in whole, to the cost of living of another person. Manumission The act of freeing a slave. Mayhem Violently depriving another person of a body part to render less effective that person's defence of self. Middle Temple One of four Inns of the Court, self-regulating associations of barristers in England and Wales. Miscegenation Interracial cohabitation or marriage. Misprision Offence in aid of the most seriously punished crimes in the ancient common law of England. Mortmain Statutes Statutes of ancient English law which prevented the transfer of real property to or from corporations in general, or to or from religious corporations in particular. Natural Fool A human being in form but destitute of reason from birth. Nolle Prosequi Latin: no prosecution. Pederasty A sexual abuse crime wherein an adult male grooms and sexually assaults an adolescent male outside of his family. Per Infortunium Latin: by misadventure. Pillory A medieval punishment and restraining device made of moveable and adjustable boards through which a prisoner's head or limbs were pinned. Praemunire An offence initially to prefer the Pope or his authority as against the King of England or Parliament, but later included a wide assortment of offenses against the King and always leading to serious penalties. Queen's Bench Originally, the common criminal court of the common law; later, the general superior court. Rack A medieval form of punishment or confession extractor in which the subject was affixed to a wooden platform and separate ropes attached to each of his four limbs, which were then pulled apart by a system of pulleys. Rapina Latin: to take away forcefully. Recorder An ancient judicial position in the legal history of England and Wales, now mostly a part-time judicial appointment given to practising barristers or solicitors in England and Wales. Redemption Reverting title to property. Regiam Majestatem An ancient compendium of Scottish law; circa 1320. Regrating The buying of food products at a market not for demonstrable personal need, but for the purposes of resale at the same market, or one nearby. Retraxit Latin: a withdrawal of a legal action. Rule in Shelley's Case A mostly abolished rule in estate law to the effect that if a life estate was created but the remainderman was the heir of that person, the life estate collapsed and the entire estate vested in that person. Sabbath Breaking Doing business on a Sunday. Sanctuary A special criminal law option available in Medieval times to persons who had just committed a crime, allowing them to seek refuge in a church or monastery. Scaccarium Latin: chess game but in English law, the exchequer, usually in reference to the Court of Exchequer. Scold A troublesome and angry woman who, by brawling and wrangling amongst her neighbours, breaks the public peace, increases discord and becomes a public nuisance. Scolding A medieval offense; women who were verbally disputative; who incited or agitated against the public peace. Se Defendendo Latin: self-defence. Sedition The speaking or publishing of words which excite public disorder or defiance of lawful authority. Simony The selling of miracles or the promise of some other alleged form of Divine service in exchange for money. Slavery When a person (called master) has absolute power over another (called slave) including life and liberty. Socage A term of the feudal land ownership system which referred to the tenure which was exchanged for certain goods or services which were not military in nature. Star Chamber An elitist, secretive and abusive court convened from time to time by British kings from at least King Henry VII (1457-1509) to 1640. Starr Medieval English law term for legal transactions involving a Jewish person. Subinfeudation The process whereby, under the feudal system of tenure, a person receiving a grant of land from a lord, could himself become a landlord by subdividing and subletting that land to others. Tales The act of supplementing a jury otherwise incomplete. Tales de circumstantibus An order to the local sheriff to round up as many new jurors as may be required to complete a jury on which one or more jurors are missing or have been successfully challenged. Tenement Property that could be subject to easements. Tractatus de legibus et consuetudinibus regni Angliae 1188 statement of English common law. Treason To aid or enlist with a state enemy or to attempt or conspire to harm the head of state, such as a king, queen or president. Trial by Battle An ancient dispute resolution method where those in dispute would fight one another until submission or death. Trial by Ordeal The trial of a criminal or civil action, in medieval England, by torture or drowning. Trinoda Necessitas Latin: three necessities owed all common law landowners to the kingdom. Trover An old English and common law legal proceeding against a person who had found someone else’s property and has converted that property to their own purposes. Vassal A subservient, usually land-based relationship to another under the feudal system. Villeinage A form of slavery under the English feudal land system; the Lord owned a villein outright, as a chattel. Witenagemote An assembly of local elders in medieval England. Find you are constantly looking up definitions? Try our search provider (works in most modern browsers) If you find an error or omission in Duhaime's Legal Dictionary, or if you have legal term suggestion, we'd love to hear from you!