CESSE

4 definitions found across Law Mind sources

CESSEAuthored
The Law Mind • 940 words
Definition
An archaic term from English feudal law with two related but distinct meanings: 1. (Noun) An assessment, exaction, or tax. Used in early English statutes to describe a levy imposed upon persons or property. 2. (Verb/Condition) A tenant of land was said to cesse when he neglected or failed to perform the feudal services owed to his lord. The condition of cessement — the tenant's falling into default on service obligations — could trigger specific legal consequences under the feudal tenure system, including the lord's right to seek a remedy. The two meanings are connected by the underlying concept of obligation: the noun sense describes what was owed to a superior authority; the verb sense describes failure to discharge what was owed to a feudal lord.
Common Language
Modern common usage (Wiktionary): Not in general modern use; archaic or obsolete in ordinary English. Historical common usage (Webster's 1913): Not listed as a standard English entry; recognized only in legal and historical contexts. The term has no meaningful life outside legal and historical sources. A general reader encountering "cesse" in an old document would likely mistake it for a variant spelling of "cease" (to stop), which is in fact the etymological root of the verb sense. That surface resemblance, however, obscures the specific feudal-legal meaning: a tenant who cessed had not merely stopped doing something in a neutral sense — he had defaulted on a legally cognizable duty, with potential remedial consequences for the lord.
Common Confusion
The verb form of cesse is easily read as a simple synonym for "cease" in historical documents. Researchers should resist that reading. When a feudal record states that a tenant "did cesse," it is not merely describing inactivity — it is invoking a term of art signaling a default in tenure services, a legally significant event that could activate the lord's right to distrain or seek other relief. Confusing the two produces a misreading of the document's legal significance.
Why It Matters in Research
Cesse is a term researchers will encounter almost exclusively in pre-modern English legal sources — Year Books, early statutes, and treatises rooted in feudal tenure doctrine. It does not survive into modern legal usage in any jurisdiction. Several navigational points are worth noting: First, the noun sense ("an assessment or tax") appears in early English statutory language. Burrill cites Statute 22 Hen. [VIII] as a contextual source, placing the term's active statutory use in the Tudor period. Researchers working with pre-modern fiscal records or parliamentary statutes of that era should recognize cesse as a synonym for levy or imposition, not a technical term distinguishing one type of tax from another. Second, the verb sense ties directly into the law of feudal tenure and specifically to the rights of lords against defaulting tenants. Coke on Littleton (Co. Litt. 373a, 380b) is the primary doctrinal source cited by both Black's editions. Researchers engaged with Coke, Littleton, or the broader common law of tenure will need this term to parse those texts accurately. Third, neither sense of cesse generates modern litigation or statutory interpretation questions. The term's value is purely historical and textual — it is a reading tool for archival and early treatise research, not a live legal concept. Fourth, researchers using digital full-text search should be alert to variant spellings and OCR errors. Historical typesetting of "cesse" may render as "ccsse" (as in Black's 2nd ed., which reproduces a printing artifact), "cefe," or be conflated with "cease." Search strategies should account for these variants.
Historical Dictionary Support
Black's 1st and 2nd editions are in close agreement, presenting both meanings in a compact dual-definition structure and anchoring the feudal default sense in Co. Litt. 373a and 380b. The 2nd edition reproduces a typographical artifact ("ccsse," "3800") from the original printing, which does not affect substance but flags a copy-quality issue worth knowing when using that edition. Burrill's Law Dictionary isolates the noun sense — assessment, exaction, or tax — and roots it in early parliamentary statute (Stat. 22 Hen. VIII), offering the most explicit statutory grounding of the three sources. Burrill does not address the verb sense at all, which represents a meaningful gap: readers relying solely on Burrill would miss the feudal default usage entirely. None of the historical dictionaries elaborates on the procedural consequences of cessement — what actions the lord could take, what defenses the tenant might raise, or how the condition was established. For that doctrinal depth, researchers must go to Coke on Littleton directly.
Jurisdictional Note
Cesse is a term of English feudal law with no parallel survival in American jurisdictions. By the time American common law was systematized, feudal tenure obligations of the kind that generated cessement had been substantially abolished or transformed. The term appears in American legal dictionaries as a historical carry-over from English sources, not as an operative legal concept in any U.S. state.
Related Terms
Cessavit — the writ available to a lord against a tenant who had cessedseeking recovery of the land for failure of services; the procedural counterpart to the substantive condition described by cesse. Assessment — the broader modern concept encompassing the noun sense of cesse. Feudal tenure — the organizing legal framework within which the verb sense of cesse operated. Distress / Distraint — a lord's self-help remedy for tenant defaultrelated to but distinct from the cessavit action. Littleton's Tenures — the foundational treatiseas glossed by Cokewhere cessement doctrine is most fully treated. Quit-rent — another form of feudal service obligation whose nonpayment could generate analogous default conditions.
CESSEmain
Black's Law Dictionary • 1891
(1) An assessment or tax; (2) a tenant of land was said to cesse when he neg- lected or ceased to perform the services due to the lord. Co. Litt. 373a, 380b.
CESSEmain
Burrill's Law Dictionary • 1867
In old English law. An assessment, exaction or tax. Stat. 22 Hen.
CESSEmain
Black's Law Dictionary (2nd Ed.) • 1910
(1) An assessment or tax; (2) a tenant of land was said to ccsse when he neglected or ceased to perform the services due to the lord. Co. Litt. 373a, 3800.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In