DE MONTE FORTI

2 definitions found across Law Mind sources

DE MONTE FORTIAuthored
The Law Mind • 789 words
Definition
De monte forti is a Latin locative phrase meaning "of (or from) the strong hill" or "of Montfort." In legal and administrative records of medieval England, it functions as a surname element or place-name designator used to identify a person — most commonly a nobleman or landholder — by reference to the family's territorial seat. The phrase appears chiefly in Latin plea rolls, exchequer memoranda, and Bracton-era judicial records as part of a personal designation rather than as a term of substantive law. It carries no independent doctrinal content; its legal significance is entirely identificatory and contextual.
Why It Matters in Research
Researchers encounter de monte forti almost exclusively in medieval Latin record sources — plea rolls, exchequer accounts, fine rolls, and the manuscript tradition associated with Bracton's De Legibus et Consuetudinibus Angliae. Its value is prosopographical and paleographical: the phrase helps identify which individual is being referenced in a record, which in turn connects to questions of landholding, tenure, wardship, or judicial proceedings involving members of the Montfort family or affiliated lines. The principal trap for researchers is treating de monte forti as a term of legal art when it is in fact a naming convention. Pulling it from a Latin index without reading the surrounding record will yield no doctrine. The phrase indexes people, not rules. A secondary trap involves confusion across the cluster of similar Latin locative designators appearing in close proximity in the same sources. Burrill groups de monte forti with de monte gomerico (Montgomery), illustrating that medieval Latin records used this construction systematically across many noble families. A researcher scanning for one designation may inadvertently conflate entries from distinct lineages or distinct individuals within the same lineage. The Montfort name itself carries historical weight that can distort research. Simon de Montfort, Earl of Leicester (d. 1265), is among the most legally significant figures of thirteenth-century English constitutional history — associated with the development of parliamentary representation. Records referencing de monte forti in the mid-thirteenth century may or may not concern him or his direct line; the designation was shared across the broader Montfort family network. Researchers should not assume constitutional or parliamentary significance from the name alone without confirming the specific individual and transaction. For corpus researchers, the phrase signals: Latin administrative record, likely thirteenth or fourteenth century, likely touching feudal tenure, inheritance, or exchequer obligation. Bracton's folio 417, cited by Burrill, provides a manuscript anchor for contextualizing how such designators were used in the treatise tradition of that era.
Historical Dictionary Support
Burrill's Law Dictionary offers a compressed entry that groups de monte forti with de monte gomerico, treating both as Latin place-name designators appearing in medieval English legal records. Burrill cites Bracton (fol. 417) for de monte forti and a Hilary Term memorandum from the Exchequer, 22 Edward I (1293–94), for de monte gomerico. The pairing is instructive: it shows that Burrill understood these entries as belonging to a class of Latin nominal forms drawn from record sources rather than as terms with independent doctrinal content. What Burrill does not provide — and what no historical legal dictionary fully supplies — is guidance on distinguishing among the multiple individuals who might carry this designation across different periods, or on the relationship between the naming convention and the substantive legal transactions the underlying records contain. Burrill's entry is essentially a finding aid fragment: it confirms the phrase appears in authoritative sources and points the researcher toward those sources, but interpretation requires engagement with the primary record itself. No other major historical legal dictionaries in the Law Mind corpus (Bouvier, Black, Tomlin, Jacob) appear to carry a substantive entry for this phrase. Its absence from those works reinforces its character as a records-specific locator rather than a term of general legal vocabulary.
Jurisdictional Note
Applicable only to medieval English legal and administrative records. The phrase has no recognized usage in modern common law jurisdictions as a legal term.
Related Terms
De Monte Gomerico — Locative designator for Montgomery; appears in the same Burrill cluster and the same class of sources. Bracton — The treatise tradition in which this designator appears; essential context for reading folio references. Exchequer Memoranda — The record type cited for the Montgomery parallel; the same form of source likely holds de monte forti usage. Plea Rolls — Primary record class for medieval personal designators of this kind. Tenure — The substantive legal subject most commonly implicated in records identifying noble landholders by locative surname. Feudal Law — Governing framework for the transactions these records typically document. Latin Legal Maxims and Phrases — Broader category within which Latin record designators are sometimes (imprecisely) grouped.
DE MONTE FORTImain
Burrill's Law Dictionary • 1870
Montfort. Bract. fol. 417. DE MONTE GOMERICO, De Monte Gomery. Montgomery. Mem. in Scacc. H. 22 Edw. I. in dorso.

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