CHAUMPERT

4 definitions found across Law Mind sources

CHAUMPERTAuthored
The Law Mind • 636 words
Definition
A form of land tenure of uncertain character, known only from a single reference in a patent of 35 Edward III (1361–62). The precise obligations, incidents, and status of chaumpert as a tenure — whether it imposed services, rents, or conditions distinct from more familiar tenures such as socage or serjeanty — are not recorded in surviving legal literature beyond the bare mention. It functions in legal history as a documented but effectively opaque category: proof that medieval English land law recognized a tenure by this name, but insufficient evidence to reconstruct its content.
Common Confusion
Chaumpert is occasionally encountered in the vicinity of CHAMPERTY in older indexes and cross-references, and the visual similarity of the words invites conflation. The two are unrelated. Champerty (from the French champart) is a common-law doctrine concerning improper maintenance of another's lawsuit in exchange for a share of the proceeds — a substantive rule of procedure and professional conduct that remains legally significant. Chaumpert is a tenure, not a doctrine, and carries no procedural meaning. A researcher who encounters "chaumpert" in a historical source should not read it as a variant spelling of champerty.
Why It Matters in Research
The practical value of this entry is almost entirely negative: knowing what chaumpert is not, and knowing how little is recoverable about what it was. Researchers working in medieval English land law, feudal tenure surveys, or the history of property doctrine may encounter the term in patent rolls or antiquarian glossaries and need to confirm they are not misreading a more familiar term. The single primary anchor — a patent of 35 Edward III — has not been unpacked by subsequent legal commentary. Neither Coke nor Littleton treats it. Modern property scholarship does not revive it. If you encounter the word in a document predating that patent, verify the date and context carefully, as the term may be scribal variation for something else entirely. The term also illustrates a broader research trap in medieval English tenure law: the corpus of recorded tenures is not a complete or internally consistent system. Patent rolls and charters sometimes named arrangements that were purely local, transactional, or ad hoc, without intending to establish a recognized tenure category. Chaumpert may be one such instance — a label applied once and never systematized. For corpus researchers: this term will not appear in treatise literature, Year Books, or common-law reporting. Its presence in a document signals either a direct or indirect chain back to Cowell's Interpreter or Blount's Nomo-Lexicon, both of which relay the same single fact without elaboration.
Historical Dictionary Support
All three source dictionaries — Black's (1st ed.), Black's (2nd ed.), and Burrill's — deliver identical content: a tenure referenced in a patent of 35 Edward III, with the chain of authority running through Cowell and Blount. There is no divergence among them because all are drawing from the same two antiquarian sources. John Cowell's Interpreter (1607) and Thomas Blount's Nomo-Lexicon (1670) are the proximate sources for this entry. Neither author claims personal analysis of the tenure's character; both record the patent reference as a curiosity. Later dictionary compilers, including Black, appear to have carried the entry forward without independent investigation — an honest acknowledgment, implicit in the brevity of the entry, that nothing more was known. What the historical dictionaries collectively miss: any attempt to situate chaumpert within the structure of feudal tenure — whether it resembled a customary tenure, a tenure by serjeanty, or something regional — is entirely absent. The term entered the legal dictionary tradition as an unanalyzed fragment and remained one.
Related Terms
Tenure Champerty (distinguished above) Serjeanty Socage Villeinage Cowell's Interpreter (source work) Blount's Nomo-Lexicon (source work) Fee simple Land grant (medieval) Patent rolls
CHAUMPERTmain
Black's Law Dictionary • 1891
A kind of tenure men- tioned in a patent of 35 Edw. III. Cowell; Blount.
CHAUMPERTmain
Burrill's Law Dictionary • 1867
L. Fr. A kind of tenure mentioned in a patent of 35 Edw. III. Cowell. Blount. CHAUNCELLERIE, Chauncelrie. L. Fr. Chancery. Britt. c. 21. Fet Assaver, 25. Chauncerie. Britt. c. 26.
CHAUMPERTmain
Black's Law Dictionary (2nd Ed.) • 1910
A kind of tenure mentioned in a patent of 35 Edw. III. Cowell; Blount.

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