ASSOILE

4 definitions found across Law Mind sources

ASSOILEAuthored
The Law Mind • 734 words
Definition
An archaic term of Anglo-French and early English legal usage meaning to absolve, pardon, or set free — most specifically, to deliver a person from excommunication. The term also carried the broader sense of clearing someone from guilt or its legal consequences, including formal acquittal or discharge.
Common Language
Modern common usage (Wiktionary): Not in standard modern use. The term survives only in archaic or ecclesiastical contexts, if at all. Historical common usage (Webster's 1913): Webster's 1913 does not contain a primary entry for "assoile," reflecting its near-complete obsolescence by the nineteenth century even in formal writing. The gap here is not between legal and common meaning, but between any historical usage and modern comprehension. A researcher encountering "assoile" in an old English record, ecclesiastical court proceeding, or plea roll may not immediately recognize it as equivalent to "absolve" or "acquit." The term's disappearance from general vocabulary makes it a silent trap in older primary sources.
Common Confusion
Assoile is easily confused with or overlooked as a variant spelling of "absoile," with which it is functionally identical. Rapalje & Lawrence cross-references the term directly to ABSOILE rather than providing an independent entry, confirming that the two forms were treated as interchangeable. Researchers should search both spellings when working with medieval and early modern English records. The term also overlaps conceptually with "absolve," "acquit," and "discharge," but carries specific ecclesiastical weight that those modern terms do not always convey.
Why It Matters in Research
Assoile belongs to a cluster of Anglo-French terms absorbed into early English legal and ecclesiastical practice. Researchers working in ecclesiastical court records, early plea rolls, or canon law materials may encounter the term in contexts involving excommunication and its formal lifting — a procedure with significant civil consequences in medieval English law, since excommunication could affect a person's capacity to sue in royal courts. The spelling is unstable across historical sources. Variants include assoile, assoyle, absoile, and assoylee. Index searches that rely on a single spelling will miss occurrences. When working in Law Mind corpus materials, run searches across the full variant family. The term's jurisdictional home is ecclesiastical and early common law England. It does not appear in American legal materials as a term of art, so American researchers are most likely to encounter it only when tracing the English antecedents of pardon, acquittal, or church-state jurisdictional disputes. Because Rapalje & Lawrence redirects to ABSOILE without elaboration, that source is essentially unhelpful for understanding assoile on its own terms. Burrill provides the more substantive entry and is the preferred starting point among the shelf sources for this term.
Historical Dictionary Support
Burrill's Law Dictionary provides the fullest treatment, identifying the term's Anglo-French and English origins, tracing it to the Latin absolvere, and noting its two principal uses: delivery from excommunication specifically, and the broader sense of freeing from guilt or its consequences (pardon, forgiveness, absolution). Burrill cites Staundforde's Pleas of the Crown and a report from 12 Modern, grounding the term in early English criminal procedure literature. Black's (2nd Ed.) is more compressed, equating assoile simply with pardoning or setting free, with the excommunication usage noted as the primary technical application. Black's cites Cowell and Kelham — both glossaries of law French and obsolete legal terms — which confirms the term was already being treated as historical curiosity rather than living vocabulary by the time Black's was compiled. The sources agree on the core meaning but differ in depth. Neither Rapalje & Lawrence nor Black's adds anything beyond the basic gloss. Burrill's is the anchor entry. None of the historical dictionaries situates assoile within the broader procedural significance of ecclesiastical court jurisdiction or explains why the lifting of excommunication mattered to common law courts — a gap that encyclopedia and secondary sources must fill.
Jurisdictional Note
Assoile is an English term with no independent American legal history. It appears in the Law Mind corpus primarily as a historical or ecclesiastical term inherited from English practice. Researchers working in American jurisdictions will not encounter it as operative legal vocabulary.
Related Terms
Absoile — variant spellingfunctionally identical Absolve — modern equivalent in general usage Acquit — functional equivalent in criminal procedure Discharge — broader procedural equivalent Excommunication — the primary context for the term's technical use Pardon — overlapping concept in criminal law Absolution — ecclesiastical equivalent
ASSOILEmain
Rapalje & Lawrence • 1888
--See ABSOILE. ASSORTED CARGO, (in charter party). 1 Robt. (N. Y.) 287; 40 Ν. Υ. 259. ASSUME, (mortgage, in a deed). 12 Cush. (Mass.) 227. ASSUMPSIT.-LATIN: "he promised." 1. In law of contracts. A promise or undertaking, either express or implied, ASSISTANCE.-See WRIT OF ASSISTmade either orally, or in writing, not under
ASSOILEmain
Burrill's Law Dictionary • 1867
Assoyle. L. Fr. and Eng. [from Lat. absolvere.] In old English law. To deliver or set free from excommunication. Staundf. Pl. Cor. 72. 12 Mod. 311. To free or clear from guilt, or its consequences; to pardon, forgive or absolve. technically an action on the case, and derives its name from the emphatic word of the clause in the writ and declaration, (when in Latin,) expressive of the defendant's undertaking,-" ant's undertaking,-"super se assumpsit, et adtunc, et ibidem fideliter promisit," (undertook, and then and there faithfully promised). 1 Chitt. Pl. 111, 112. Towns. Pl. 410, 411. See Indebitatus assumpsit. This characteristic and once indispensable word is, however, now omitted in the English forms. Reg. Gen. Trin. T. 1 Will. IV. 1 Chitt. Pl. 98, note (y). The undertaking or promise itself, upon which an action of assumpsit may be
Assoilemain
Black's Law Dictionary (2nd Ed.) - Supplemental • 1910
—ASSOILE. To pardon or set free; used with respect to deliverance from excommunication. Cowell; Kelham

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