CHEMIS

4 definitions found across Law Mind sources

CHEMISAuthored
The Law Mind • 606 words
Definition
In old Scots law, the chief dwelling or principal mansion house on a landholding. The term denotes the primary residence associated with an estate, distinguished from subsidiary structures or outbuildings on the same property.
Common Language
Modern common usage (Wiktionary): No current entry. The term is not in active English use. Historical common usage (Webster's 1913): No entry recorded. The word had already passed out of common usage before the nineteenth century. The term derives from Old French (chef meson, meaning "chief house") and passed into Scots legal usage as a technical descriptor. It carries no modern common meaning and should be treated as pure historical legal vocabulary.
Why It Matters in Research
CHEMIS appears almost exclusively in pre-union Scots legal records, particularly criminal trial proceedings from the sixteenth and early seventeenth centuries. Researchers working in Pitcairn's Criminal Trials or similar primary Scots sources will encounter the term in property descriptions, particularly where the identity of a principal dwelling is legally significant — for example, in cases involving hamesucken (assault within a dwelling), right of residence, or the attachment of feudal obligations to a chief house. The key research trap is treating CHEMIS as interchangeable with any dwelling on a property. The term specifically designates the principal or chief residence, not ancillary structures. In feudal Scots property law, the distinction between a chief house and subordinate buildings could affect the nature of a tenant's rights, a landlord's obligations, or the seriousness of a criminal offense committed on the premises. Because the term drops out of use after the seventeenth century, it will not appear in post-union Scots law sources or in English common law materials. Researchers should not expect to find CHEMIS in general English legal dictionaries of any period; its presence in Black's and Bouvier's reflects their function as comprehensive reference works covering historical Scots and civil law vocabulary rather than any circulation of the term in American or English practice.
Historical Dictionary Support
The four source dictionaries are consistent and brief. Black's Law Dictionary (both editions) defines CHEMIS as "a chief dwelling or mansion house" in old Scots law. Bouvier renders it "a mansion-house" in Old Scots Law. Burrill's Law Dictionary, the most detailed of the four, traces the Old French derivation — chef mez, chef meson — and supplies the only primary source citation among the entries: Pitcairn's Criminal Trials, Part 2, page 7. This citation is the principal documentary anchor for the term in legal usage. No source provides doctrinal analysis or situates the term within a broader legal framework. The entries function as glosses rather than substantive definitions, appropriate given the term's narrow and archaic scope. Researchers needing context beyond a bare definition should consult Pitcairn's Criminal Trials directly and, where available, specialized works on feudal Scots land law.
Jurisdictional Note
CHEMIS is specific to old Scots law and has no counterpart in English common law or American legal practice. It is purely historical vocabulary with no modern jurisdictional application.
Related Terms
Hamesucken — Scots law offense of assaulting a person within their dwelling; the identity of the chief house could bear on the charge. Mansion house — The closest English common law analogue; not identical in legal significance. Manse — The principal residence of a clergyman in Scots usage; shares etymological kinship but distinct legal context. Messuage — English common law term for a dwelling house with adjacent buildings and land; functionally comparable but legally distinct. Chief house — The plain-English rendering; useful search term when working in translated or summarized Scots records.
CHEMISmain
Black's Law Dictionary • 1891
In old Scotch law. A chief dwelling or mansion house.
CHEMISmain
Bouvier's Law Dictionary • 1928
In Old Scotch Law. A mansior-house.
CHEMISmain
Burrill's Law Dictionary • 1867
Sc. [O. Fr. chesmez, chef mez, i. e. chef meason.] In old Scotch law. Mansion-house; chief dwelling. 1 Pitc. Crim. Trials, part 2, p. 7.

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