DESCHALENGES

2 definitions found across Law Mind sources

DESCHALENGESAuthored
The Law Mind • 563 words
Definition
Deschalenges is an archaic Law French term meaning "unchallenged" or "without challenge." It appears in the context of medieval English legal procedure, describing a juror, witness, or other party who has not been objected to or excepted against — that is, one who has been accepted without formal challenge.
Why It Matters in Research
This term will surface only in very early English legal sources and their commentators. Researchers encountering it in medieval pleadings, year books, or early treatises should understand it as the negative or passive form of the challenge procedure applied to jurors and compurgators: where a challenge (desfiaunce or challenge) was the formal act of objecting to a person's fitness to serve, deschalenges signals that no such objection was raised and the individual proceeded without contest. The term is effectively a procedural marker rather than a substantive concept. Its significance lies in what it records about the historical jury-selection and compurgation process: acceptance of a juror or oath-helper was not merely passive silence but could be noted expressly in the record as deschalenges to confirm the regularity of the proceeding. Researchers working in the Law Mind corpus should note that this word will not appear in modern primary sources. Its utility is entirely confined to interpreting early Norman-French legal texts and the English treatises that drew on them. Brittain (Britton), the Anglo-Norman legal compilation cited by Burrill, is the primary source context. Any appearance of this term in a later source likely reflects direct quotation from or commentary on that early tradition.
Historical Dictionary Support
Burrill's Law Dictionary provides the sole dictionary-level treatment identified for this term, defining it concisely as "Unchallenged" and attributing the usage to Britton, chapter 87. The entry is spare, as is typical for Burrill's handling of Law French procedural vocabulary: he records the form and its meaning without extended commentary. No treatment appears in Bouvier, Black's early editions, or Tomlin's Law Dictionary, which is consistent with the term's extreme antiquity and narrow procedural function. The absence from those sources is itself informative — by the time those dictionaries were compiled, Law French had ceased to be the operative language of English pleading, and terms like deschalenges had passed entirely into historical reference. Britton itself, the attributed source, is a late thirteenth-century Anglo-Norman legal text presenting English common law in the voice of the king. Chapter 87 addresses jury and trial procedure, the natural home for vocabulary concerning challenges and their absence. Researchers consulting Britton directly should expect the surrounding context to illuminate the procedural setting more fully than any dictionary entry can.
Jurisdictional Note
This term belongs exclusively to the early English common law tradition. It has no independent life in American, Scottish, or civilian legal sources. Any research need is historical and textual rather than jurisdictional in the modern sense.
Related Terms
Challenge (juror) — the positive counterpart procedure Peremptory challenge — modern descendant of the challenge to jurors concept Compurgation — related early procedure where challenges to oath-helpers were similarly relevant Britton — the primary source text in which this term appears Law French — the linguistic register to which this term belongs Array (challenge to the) — related procedural concept in early jury formation Poll (challenge to the) — challenge directed at individual jurorscontrast with deschalenges
DESCHALENGESmain
Burrill's Law Dictionary • 1867
L. Fr. L. Fr. Unchallenged. Britt. c. 87.

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